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HomeMy WebLinkAbout00-01657 " " ,- ,','. ~ BARBARA C. WHARY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 00-1657 -~ T!MOTHY E. WHARY. Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this day of June, 2000 based upon the attached petition for Emergency Relief filed by the Defendant, Timothy E. Whary, the plaintiff, Barbara C. Whary is Hereby ordered not to remove Kaicee J. Whary from Cumberland County and that primary physical custody of said minor child be granted to the Defendant, pending further hearing before this Honorable court. BY THE COURT: J, Date: Distribution: Emily Long Hoffman, Esquire Jeffrey B. Engle, Esquire 105 North Street, P.O. Box 11475, Harrisburg, PA 17108-1475 129 Market Street, Millersburg, PA 17061 28 Pine street, Millersburg, PA 17061 Timothy E. Whary ~~~r ~. b ~ r!F ! ' . , , \ . ~ , , '1"9!1!'11-.,. ~.Jl. o 'I ~ "~ ' p' := ~ ", ~..... Z N (I) c.o ::c ~~~~ lIXI~<'" 1$ ~ ~ g] Q-I:!:!Rl' :;!;!(J)O):o ..--trnCl') :D tI) CI:>> :jFn 0- ~~ ~. ~ ,= ^_~ ."'~, "O~~""'=-'.",'~'" )> r- r- m Z Ul ;;;: ::t -. ~ )> ~~:1)~"'II ~;;;:o "'II ct.). m --"'O::D t9~o:t '0-" ",.- ~(J)\J.)nllr' -"'.. ~iOlt/l> 0_ Ul ~ Ul o o ~ m Ul 1Iai' c , <I> ,. ~ 'lJIsj.c , <I> ,. i':l i':l .~.~ , i':l i':l ,I ~ , ' 'I'" ....,.""... ""'." ",VI",""" "",,,,,,,, ~,"" 'C"- -_."l~;......~~ ,1IJIlIMfi'l-~l!l:I~,~~_ffil!!II~~~~ .....- .1.. _L ". ~i'.J ...... lriboll for b_wIIaiy@yahoo.com c o Yahool . Mv Yahoo! Options - ~. HelD . .dd~ses ~ ~ Reply ][ Reply AII)[ Forward 1 [as attachmeD Delete ] Next Ilnbox Date:Tue, 14 Mar 200007:57:26 -0800 (PST) From: Todd "Consilio <todinski@yahoo.com> I Block address Subject:Re: missing YOU...so much... To:Barbara Whary <b_whary@yahoo.com> Download Attachments ~ Choose Fo{J Add Addresses 242 h0urs? Can't you drive a little faster? I mean drive safely...but faster. Hmmm...you'll probably be telling me to "drive 'it' home faster" :) I too am so glad YOU are part of MY life. We will be so wonderful together. Nothing in my past has ever felt as good as this does. Guess thats what true love is all about. I just signaled you btw... (like we're secret agents or something), so I'm waiting your call back. Sadie ann will be back around noon. I love you Bobbi! ! Do You Yallaa!? Talk to your friends online with Yahoo! Messenger. http://im.yahoo.com Delete 1 NW Ilnbox Reply ][ Reply All J[ Forward ]~sattachmeD ~ Choose FOI~ =:J Download Attachments Auctions. !3Jiefcase - Chat. Classifieds - Clubs - Companiou - Games - Home Pa(!Cs . Invitations - Mmlli - Messenger - News - Note.pad - PenDle Search - Personals - Sports - Stock Ouotes . TV - Travel- Weather - Yellow Pages - more... Privacy Policy- T enns of Service - Guidelines Copyright If:! 1994-2000 Yahoo/Inc. All rights reserved. DEFENDANT'S EXHiBiT Z. 7-2.,-00 ~s ~ " ] "'. .0.- o . YmJQQ! - Mv Yahoo! QQ!!Qm - Sian Out - !:!!l!ll .~~..... IriboX for b_whary@yahoo.com Reply )[ Reply All J [ Forward ] ~s attachmeD Delete ] Next Ilnbox Date:Tue, 14 Mar 200012:30:30 -0800 (PST) From: Todd Consilio <todinski@yahoo.com> I Block address Subject:Re: faster??? =) To:Barbara Whary <b _ whary@yahoo.com> Download Attachments ~ Choose Fo{J Add Addresses Sweetie; I agree, it will be so nice to see you in person and hold you close. I hope we will make love because I feel that is a very special way of sharing oneself with the person they love. Plus, in our case it will truly be "making love" and the whole process will be a manifestation of the love we have in our hearts for each other. I think about you every moment of the day...l know you may not fully appreciate the impact you have on my life, but it is quite profound, you have inspired me, not only to use my abilities and talents but you have encouraged my heart to love...really love, something I had doubted would ever happen to me. Well, It's almost time to skeedattle, so I will be calling you soon!!! I love talking to you too..btw. All my love, Todd DO You Yahoo!? Talk to your friends online with Yahoo! Messenger. http://im.yahoo.com Delete J .!\!.@.l!! Ilnbox Reply ] [ Reply All J [ Forward J ~s attachmeD ~ Choose Fol~ ~ Download Attachments Auctions - Briefcase - Chat - Classifieds - Clubs - Companion - Games - Home Pa~es - Invitations - Maps - Messen~er - News - Notepad - People ~earch - Personals - Sports - Stock Ouotes - TV - Travel- Weather . Yellow Pae:es - more... Privacy Policy- T enns of So'fYice - Guidelines Copyright II) 1994-2000 Yahoo! Inc. All rights reserved. PLAINTIFF'S EXHIBIT I 1~21-0l> ~,.s ~ l ~ : ,..L ,~._. u: - ~ ~H~:\"~-'l'~~';'~'_'''~>ti>~r~~i~(~~~;~;:'~'C;~'tt.j)~i:1~~~.1;~}~~~:;~:~;:~;:~:~~::~:;~:~:~5 ~',::,;~:-",;'~7,i~:.-' ". '. ':-., .,'r,- ~;,:~ .:~",:~-,,' ':;~<:;~~:'-i;":~' , ~ ~'_ -:i.'i<{:"',; ___' -"~' ~A~_'~-"--~'--',_" ~."'_.:. .,--"'----_.+.~+:..,' ",.-,--,.' ,...:.:~..:>+ Todd DEFENDANT'S EXHIBIT I 7.2.'7 -O<J ..seS He looked at his watch. "damn.. .five minutes. the effect of that tazer will be wearing off any minute now." he thought to himself as he drove down the street. "Why did that dumb lady have to stop him to ask direction? And then he had to repeat it several times before she got the point. They were all alike.... with their per feet make-up, and their coiffed hair. He would show her. Someday they would all look at him in awe!!" But right now he pulled the car over to the side of the road. He stepped out of the vehicle a nd opened the back door. There were soft sounds coming from under the blanket, the boy was coming to. This would just not do....he wanted him unconscious when he woke him up...HE wanted to wake hi m up...his way. He pulled the blanket up, exposing a bare leg, pu lling the tazer from its holster on his belt, and gave it a quick squeeze while holding it against the boy's leg. The leg stiffened , as well as the rest of the body, and then fell limp, twitching 0 ccasionally. "Another five minute s", he thought, "I should be there by then." It was starting to drizzle as he approached the gate, entering the gate code, he waited for the gate to open, and then drove quietly in. He drove around the entire storage facility, checking out wh o was there, before pulling up to his bin. Leaving the car runni ng, he got out and opened the bin. The rain was starting to come down faster now. But that didn't bother him. He was used to the elements, but he didn't want the boy to wake up yet, so he left th e blanket covering him, keeping out the rain. Insid~:was perfecti on. The bed was the only furniture in the room, but he had carefu lly picked the sheets himself. Winnie the pooh, Winnie was always his favorite when he was little. The bed was a queen size, four poster bed, white with gold trim. Pillows were carefully stacked~ along the bed, and several more sets of sheets lay in the corner. It was on the bed he laid the boy, oh so carefully, he didn't wan t to wake him just yet. He tied the boy to the posts with pantyhose, making sure they were nice and tight. He opened the boys mouth, inserted a golfball, a nd tied a leather strap over the boys mouth and chin. He stood at the foot of the bed staring at the boy laying there spread eagle before him. His groin ached with the thought of what was to lay a head. He left him for just a moment to retrieve the other things from the car. A brown suitcase, and a cooler full of water. Gett ing back into the car, he drove around one more time, some couple was trying to get stuff onto a rental truck before the rain soaked them completely, but there was noone else around. He parked the car outside the gate, and walked back to his bin. The boy was awake...and struggling against his restraints..."damn, Page 1 ... ~~~ ,- , . . ~ ". . ~~ Todd damn, damn". He had wanted to wake him, but it was too late to c hange that now. He opened his suitcase, and pulled out the hypode rmic needle. He could feel the boy's eyes on him as he loaded the needle with the contents of the vial, and tapped it to make sure it was working properly. The liquid squirted out in a long stream .... and then he was ready. The ache in his groin grew, but he wa nted to savor every minute. The ache would just have to wait...th ere would be time enough for that soon. He spoke to the boy. "I am going to give you a shot. It will hur t a little, but it could hurt worse if you do not hold still." The boy's eyes were as big a saucers, and he could feel the terror as what he said sunk into the child's head. He stopped wiggling so much, but started crying softly, begging him not to give him a shot. Soon he was screaming as loud as his gag would allow, but i t wasn't loud enough for anyone to hear. Noone would hear him any more. The contents of the needle went in swiftly, and the boy fel 1 limp, still alive, and still very much awake, but unable to move , and unable to speak. Now his groin practically burst on it's ow _. n accord, but no...he could control that...there was so much he wa nted to do, so much this white boy was going to pay for first. Going back to the suitcase, he removed a large hunting knife, and returning to the boy's side, proceeded to remove his clothing. So white, so pure looking, so innocent. The boy laid there, unable to move, completely naked, and utterly horrified, pee came out in a slow stream.... He then removed his own clothes, his penis hard as a rock. He put v on some protection, then approached the boy. Again, and again, h e could not stop...but finally he did, and then he felt so exhaust ed. The boy had struggled at first, but soon lay there, as if not hing mattered anymore. This had been good, he would want more lat er, but first he had to rest. The water tasted so good, even the part that drizzled down his naked body, across his now limp penis, and down to the floor. He would take a nap now. His rest was imp ortant. He laid down beside the boy, and fell asleep. Hours later he awoke to n the storage area now. .he needed the boy some e to do. a still quiet. He felt good, more, and then There must not be anyone i and his erection was back.. he would finish what he cam The boy was not moving anymore, just staring at him with those blu e eyes, his blonde hair was matted from all the crying, and he was still wimpering softly. Finally he allowed himself to touch the Page 2 .i ~ - ~" I, < . -,-- . Todd boy's penis, so soft, so little, he held it in his hand, and picke d up the knife. A thin line of blood appeared where he pressed it against the skin. He paused for just a moment, remebering when h e was just a boy, so many years ago. You are my competition. You stole her away from me! I hate you! I wish I was the only boy in the world. I will make you a girl, a white girl, here, just for me. You won't steal anyone away from me again! With that thought in mind, he The blood started to flow. se, and returned with a large oy had lost consciousness. removed the penis, and the testicles He returned the knife to the suitca gauze bandage, and some tape. The b He opened a smelling salt capsule under the boy's nose...he revive d...in obvious pain and terror, unable to move, and unable to scre am loud enough for anyone to hear. NOW he would have his white gi rl...he would have her again, and again, until there was nothing 1 eft to have. Kayte couldn't sleep....maybe it was the phone call from her ex-hu sband just before she went to bed, or maybe it was the upcomiDg bi rthday party for her little girl, or maybe it was just something e Ise, but she really didn't want the bowl of pudding she had dished out. The ringing of the phone startled her, and glancing at the clock only made the knot in her stomach grow tighter. It was prob ably that bastard ex of hers again, pushing her to get a more rigi d schedule, one where HE could make plans, and stick with them, bu t being in her line of business, there was little schedule, and no definite anything. Three a.m., why would he call now?? "hello!", she said, maybe a little too forcibily. "Barb?, is that you?" The sound of her friend, , the local coroner really woke her up! There must be something important that couldn't wait until m orning. Page 3 :0' ~ ._n~~ ...:...t!L_,.).,.;<~..~~~JtlL~~~: ."It"'~_'''' -._. '~~k":"'-'~~'>';' -.' ." ,'~ - -~ - -: '-"."'." L.:.:..... .'",_ .. Todd , "Hey, , glad to hear from you, but isn't your timing a little off? The last time you called me this early in the morning was a ges ago when you said you loved me, and couldn't get enough of my voice! ! " "Well, I did, and I couldn't, but that is not here and now.. I hop e I didn't wake you, but knowing you, I probably didn't. There ha s been a murder, just brought in, and I really think you are going to want to see this one! It may be someone you are already lookin g for!" "Someone I may already be looking for? the only cases I am workin g on right now are domestic...and...OH MY GOD!!" her breath came in sharp, and painful...it couldn't be...not after all these years Pictures of Matthew swirled in her head. ..such a sweet child... so young, so beautiful, everyone had told her he was too pretty to be a boy, but he was, and he was just as beautiful on the inside until someone had ripped him from her...so long ago now, it seemed unreal, like a dream. But this dream was one she lived every day , one that would not go away!! "Are you telling me that there is another murder like Matthew's? How similar are they?" "This one is right down the wire...exactly like Matthew, and there is a fortune cookie placed carefully in his mouth, just like befo re." "Why now, why so long after Matthew? I will be right down!!" She hung up the phone...shaking and scared, could it be? Someone had started again, did the same person do this, or was it someone crazy enough to "copycat"?? How could this be, Matthew was murder ed in Harrisburg, Pennsylvania, she had moved from that place to t he relative quiet of Cincinatti, Ohio, moved from there to escape the demons, moved to forget, but now here they were...those same d emons that haunted her nightmares, and permeated her daydreams, re aring their ugly heads into reality!! She dressed quickly, a simple pair of black jeans, and a white swe ater, ran a comb through her hair and took a quick look in the mir ror. She never really liked what she saw. At 5'5, and 130 pounds , blonde hair, and brown eyes, she was far from unattractive, but she had just never been one to understand what attraction she held for anyone. Her life was far too complicated to worry what other s thought, but she still always wondered. Driving through the night to the coroner's office, she thought bac Page 4 :i, , , > "_.,,,---"-, _.'-.< :i ,~.~.{,:;:'.,-: '.:~'-;;'__-1:-";~_" .. ~::---'" "". ~~,.,..._:.:...:._.~:~;~,.~....-$.j"::_..~~;S~!~.i:.. _'_'~ r.: . Todd k to what had brought her here. In high school, everyone had thou ght she had such potential to really make something of her life. Above average grades, and an IQ of 140 had gotten her nowhere. Sh e got married right out of high school, Matt had seemed so solid, so on track, and she needed someone with direction, her life was 5 uch a rollercoaster ride. Her parents constantly pushed her for m ore, nothing was good enough, noone she dated measured up, and not hing she did was enough. They had been married for nine years whe n Page 5 "- ""'''-~ ,., ';"'.1 BARBARA C. WHARY, . IN THE COURT OF COMMON PLEAS . Plaintiff/Respondent . CUMBERLAND COUNTY, PENNA . vs. NO. 00-1657 TIMOTHY E. WHARY, : CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY PETITION FOR EMERGENCY RELIEF 8 C"J' TO THE HONORABLE JUDGES OF SAID COURT: ~~ ;'0 ~~r[ ~~ AND NOW, this day of June, 2000 comes the above-captionediJ?~fendllllt, ;::s;;; N Timothy E. Whary, by and through his counsel, Jeffrey B. Engle, Esquire and resp~y =2 ,;- r""- lC requests that this Honorable Court enter an emergency order granting him primary p~sicai.: "<' {.l1 o '-'1 :..::.:1 .' ...-.M ;""':....:.: -, "", :::::::=J ~"'-' .,.\. \..J {':~;j;::~ c3' i~1 ::;j :0 ..-;; custody of his minor child pending the outcome of a further hearing, and, in support thereof, avers as foIlows: 1. On or about March 23, 2000 the above-captioned Plaintiff filed an action in divorce and a count in custody requesting primary physical custody of the pl!l:ties natural daughter, Kaicee 1. Whary, born November 5, 1996. (See copy of custody complaint attached hereto as exhibit A). if 2. Pursuant to the custody count, a custody conciliation hearing was held on or about May 11, 2000 before attorney Dawn S. Sunday at 39 West Main Street, Mechanicburg, PA 17055. 3. The Plaintiff was represented by Emily Long Hoffinan, Esquire. 4. The Defendant was represented by undersigned counsel. 5. An agreement was brokered at this hearing which allowed the Plaintiff to maintain primary physical custody of the child. '_.i;.j~ ~..lL,J..j';',11 ". '.'].(.;,; 6. At the conciliation hearing it was brought to the attention ofthe Defendant that the Plaintiff would be relocating to Utica, New York for purposes of seeking new employment and would be moving there with the minor child and her minor son, not born of the Defendant's marriage with the Plaintiff. 7. Pursuant to the custody conciliation hearing, an order was entered on May 23,2000. (See copy of order attached hereto as Exhibit "B"). 8. Since the time of the custody conciliation hearing, the Defendant has filed a complaint in custody seeking modification of the original court order entered May 23, 2000. 9. Until recently, the Defendant believed that the Plaintiff would be moving to Utica by herself with his minor child and the Plaintiff's other child, Brandon J. Keller. 10. On or about June 21,2000 the Defendant received confirmation from the Plaintiff that the Plaintiff would be residing at or living close to the residence of a friend named Todd Concillio.. II. It is believed and therefore averred, that Mr. ConcilIio is a convicted felon and that subjecting the Defendant's 3yr old daughter to such an environment would be unhealt~, unstable, and counterproductive. 12. Moreover, the Respondent has been engaged in ongoing correspondence with Mr. ConcilIio that suggests her current relationship is less than wholesome. It is believed and therefore averred that the lurid remarks are suggestive of a terrible environment in which to place a child. (See Exhibit "C"). 13. The Defendant avers that there is a substantive change in circumstances from the prior arrangement reached at the May II, 2000 custody conciliation hearing. - , 0",",' ~'" 14. The Plaintiff plans on leaving the jurisdiction to move to New York on June 24, 2000 with the minor child 15. The Defendant is requesting that the court enter an order granting him primary physical custody of the child pending the outcome of a further hearing before this court and that the Plaintiff be barred from removing the minor child from the jurisdiction. WHEREFORE, the Defendant respectfully requests this Honorable Court enter an order granting him primary physical custody of the Defendant's minor child, Kaicee 1. Whary, born November 5, 1996 based upon a change of circumstances recently discovered and further, that the Plaintiff be barred from removing the child from the jurisdiction of Cumberland County, Pennsylvania. Respectfully Submitted: Date:bfr 7(:0 it " - I " , " .~--;-, BARBARA C. WHARY, . IN THE COURT OF COMMON PLEAS . Plaintiff/Respondent CUMBERLAND COUNTY, PENNA vs. : NO. 00-1657 TIMOTHY E. WHARY, : CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the above-referenced Petition For Emergency Relief, was forwarded by the manner indicated below: u.s. CERTIFIED MAIL Emily Long HOffman, Esquire 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 u.s. CERTIFIED MAIL RESTRICTED DELIVERY Barbara C. Whary 4725 E. Trindle Road Mechanicsburg, PA 17055 DATE: tj7';4 / p. \:.:j -- , ~-.,,- -. -- , ^jj .;' o BARBARA C. WHARY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. TIMOTHY E. WHARY, Defendant CML ACTION - LAW IN DNORCE DIVORCE COMPLAINT 1. Plaintiff is Barbara C. Whary, who has resided at 475 E. Trindle Road, Mechaniscburg, Cumberland County, Pennsylvania since April 1, 1996. - 2. Defendant is Timothy E. Whary, who has resided at 28 Pine Street, Millersburg, Dauphin County, Pennsylvania since February 25, 2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 12,1995. 5. parties. There have been no prior actions of divorce or for annulment between the " 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. There is one child born of the marriage, Kaicee J. Whary, born November 5, 1996. EXHIBIT I A ~~ ,~ ,- , , j.to.' , 'ill ~"" "~;p' "'",."' ;;<-r.:" CJ 10. The Plaintiff avers as the grounds on which the action is based: (a) That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiff's condition burdensome and life intolerable; (b) The marriage is irretrievably broken; COUNT 2 - EOUlT ABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein. 12. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT 3 - ALIMONY. ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 13. Paragraphs one through twelve are incorporated herein. 14. Plaintiff lacks sufficient property to provide for her reasolll!ble needs. 15. Plaintiff is unable to sufficiently support herself through appropriate employment. 'I{ 16. Plaintiff. Defendant has sufficient income and assets to provide continuing support for the 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 18. The Plaintiff is without sufficient funds to support and to meet the costs and expenses of this litigation and is unable to appropriately maintain during the pendency of this action. 19, Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. ,. ~ - (~; ~. , ,..,"", ('\ 20. Defendant has adequate earnings to provide for the Plaintiff's support and to pay her counsel fees, costs and expenses. COUNT 4 - CUSTODY 21. Paragraphs one through twenty are incorporated herein. 22. There is one child born to this marriage, namely Kaicee J. Whary, born November 5, 1996. 23. Plaintiff desires the custody of the minor and is capable of giving said child the necessary parental care and a proper and healthful environment. 24. The Plaintiff avers that she is a fit person to raise the minor child and that by awarding her legal custody, the best interest and permanent welfare of the child will thereby be promoted. 25. The parties' minor child has resided at 4725 E. Trindle Road since her birth. -"". ,- -~." 26. Plaintiff has not participated in any other litigation concerning the custody proceedings in a court of this or any other state, nor does she know of any person not a party to these proceedings who has had physical custody of the children or who claims to have 1!f custody or visitation rights. 27. Plaintiff desires that she be awarded Full Physical and Legal Custody of the minor child with Defendant to be provided with Supervised Visitation. i!\ - '~- '-' ~ .. C.\ :.--, -",-' "'- 0' WHEREFORE, Plaintiff requests this Honorable Court: (A) Enter a decree of divorce; (B) Equitably distribute all property, both personal and real, owned by the parties; (C) Compel the Defendant to pay alimony pendente lite to Plaintiff; (D) Grant Plaintiff attorney's fees and costs; (E) Compel the Defendant to pay alimony to Plaintiff; (F) Grant Plaintiff Full Physical and Legal Custody of the minor child; (F) Grant such further relief as the Court may deem equitable and just. DATED: S/t<:! 00 Re~peGtfully submitted, By . b <(.l~ Emily Long H ffman, Esquire Sup. Ct. ID # 66307 105 North Front Street Harrisburg, PA 17108 (717)233-1112 , ,. ~" ~li ~ , ~o ", .,~' -'- - <c. ~~"~; w ~ c AFFIDAVIT Barbara C. Wbary, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information and belief. " i:'h ?J;.fl/l C ~) I Ill. ..,.'U.J. :/. 'j , 'JJ . (~~ (~ Barbara C. Wbary Date: r.-:) - ~I. C<:) .." ". II "~ ~- .' ~.- , ~ ---, - - . .lli.i _. .. 'J'" BARBARA C. WHARY, : IN THE COURT OF <XlMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 00-1657 CIVIL TERM . . . TIMorHY E. WHARY, . CIVIL ACrION - LAW . Defendant . IN CUSTODY . CtIDER OF CXXJRT AND NCW, this rOP' upon consideratioon of the attached ordered and directed as follows: day of Custody c:C1i~~n , 2000, Report, it is 1. The Mother, Barbara C. Whary, and the Father, Timothy E. Whary, shall have shared legal custody of Kaicee J. Whary, born November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education, and religion. 2. The Mother shall have primary physical custody of the Child. -- ~" 3. The Father shall have custody of the Child on alternating weekends fran Friday through Sunday, with the specific times for exchange to be arranged by agreement of the parties, and at any additional times arranged ..' by agreement of the parties. Pending the outcane of the evaluation d specified in paragraph 5 of this Order I the parties agree that the Father I s periods of custody shall be supervised by either the Child's paternal grandmother or the mother. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 5. The Father shall undergo an evaluation by a professional selected by agreement of the parties and counsel for the purpose of obtaining independent recommendations concerning the necessity of supervision during the Father's periods of custody. The Mother shall cooperate in making herself and the Child available for participation in the evaluation, as deemed necessary by the evaluator. The parties agree to follow the recommendations of the evaluator with respect to the Father's periods of custody. The parties shall equally share all unreimbursed costs of the evaluation. 6. This Order is entered pursuant to an agreement of the parths at a Custody Conciliation Conference. The parties may modify the provisO r EXHIBIT f . h ,'i " -" I ,'. ", '-Ub",i ^ this Order by mutual consent. In the absence of mutual consent, the terms of this ~der shall control. BY THE COURT, /s/ f)W~A) f' r:dul )/JJ. , cc: Emily Long Hoffman, Esquire - Ccunsel for Mother Jeffrey B. Engle, Esquire - Counsel for Father 1t M R,=rORD 1~ r"'>"'>{ r.no. ,.;;...... h d T~ 1 ;:" . ~ . ~ ~ ... '",..,.1. my an :~-__1'... - _ ._".~,: \ \r:.f!; um'..1 S.....1:. I T~''>'.;,'-! ,.r:;,:.-v", '" Ie Pa r .-;:.::.". ~". ",_ ..,J. -~ ........;l.rliSl,,1 . 4,,, ',", , ,f SO G :_,):..: "r1' -, ~1#' " a"""''-''''''''Jt ,J "tt t.J.', I, '.).. \_ at .... .~. '1 14z:\i:;"J..-:-d' 00 ~j,"~' .. _ . ,",) ~",' . ,'1.'_... . ...... Prot onotary - .' - ~" '~M\,J ~ , . . BARBARA C. WHARY, . . IN THE CDURT OF a:JMMON PLEAS OF CUMBERLAND COUNTY', PENNSYLVANIA Plaintiff . . . . vs. : NO. 00-1657 CIVIL TERM . . TIMarHY E. WHARY, Defendant : CIVIL ACTION - LAW : IN CUSTODY COS'.lOOY CD'lCILIATICN SUMMARY REPOOT IN ACCCtIDANCE WITH aJMBERLAND ~ RIlLE OF CIVIL PROCEOORE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH alRRmrLY IN CUSTOOY OF Kaicee J. Whary November 5, 1996 Mother 2. A Conciliation Conference was held on May 11, 2000, with the following individuals in attendance: The Mother, Barbara._C. Whary, with his counsel, Emily Long Hoffman, Esquire, and the Father, Timothy E. Whary, with his counsel, Jeffrey B. Engle, Esquire. 3. The parties agree to entry .of an Order in the fotm as attached. il Date ~ /Ct.rlco() , ~.. Dawn S. Sunday, Esquire Custody Conciliator ~I,~"" "i < "' ..1' "'" ;t" Tpdd ~' " " He looked at his watch. "damn...five minutes. the effect of that tazer will be wearing off any minute now." he thought to himself as he drove down the street. "Why did that dumb lady have to stop him to ask direction? And then he had to repeat it several times before she got the point. They were all alike.... with their per fect make-up, and their coiffed hair. He would show her. Someday they would all look at him in awe!!" But right now he pulled the car over to the side of the road. He stepped out of the vehicle a nd opened the back door. There were soft sounds coming from under the blanket, the boy was coming to. This would just not do....he wanted him unconscious when he woke him up...HE wanted to wake hi m up...his way. He pulled the blanket up, exposing a bare leg, pu lling the tazer from its holster on his belt, and gave it a quick squeeze while holding it against the boy's leg. The leg stiffened , as well as the rest of the body, and then fell limp, twitching 0 ccasionally. "Another five minute s", he thought, "I should be there by then." ~ It was starting to drizzle as he approached the gate, entering the gate code, he waited for the gate to open, and then drove quietly in. He drove around the entire storage facility, checking out wh o was there, before pulling up to his bin. Leaving the car runni ng, he got out and opened the bin. The rain was starting to come down faster now. But that didn't bother him. He was used to the elements, but he didn't want the boy to wake up yet, so he left th e blanket covering him, keeping out the rain. Inside was perfecti on. The bed was the only furniture in the room, but. he had carefu lly picked the sheets himself. Winnie the pooh, Winnie was always his favorite when he was little. The bed was a queen size, four poster bed, white with gold trim. Pillows were carefully stacked along the bed, and several more sets of sheets lay in the corne~. It was on the bed he laid the boy, oh so carefully, he didn't wan t to wake him just yet. He tied the boy to the posts with pantyhose, making sure they were nice and tight. He opened the boys mouth, inserted a golfball, a nd tied a leather strap over the boys mouth and chin. He stood at the foot of the bed staring at the boy laying there spread eagle before him. His groin ached with the thought of what was to lay a head. He left him for just a moment to retrieve the other things from the car. A brown suitcase, and a cooler full of water. Gett ing back into the car, he drove around one more time, some couple was trying to get stuff onto a rental truck before t~e rain soaked t~em completely, but there was noone else around. ~e par~ed che car outside ~he g3te, a~d walked back to his bin. The bov ';lieS c;".ia:z3... and s:.ruggling against his ~estr ::.in::s. . . ":::iamn, EXHIBIT Page 1 t.' ~ . ~. , ~ t- ('- ~ - . "--'",-, ~'s; " Todd " damn, damn". He had wanted to wake him, but it was too late to c hange that now. He opened his suitcase, and pulled out the hypode rmic needle. He could feel the boy's eyes on him as he loaded the needle with the contents of the vial, and tapped it to make sure it was working properly. The liquid squirted out in a long stream . ... and then he was ready. The ache in his groin grew, but he wa nted to savor every minute. The ache would just have to wait...th ere would be time enough for that soon. He spoke to the boy. "I am going to give you a shot. It will hur t a little, but it could hurt worse if you do not hold still." ~. The boy's eyes were as big a saucers, and he could feel the terror as what he said sunk into the child's head. He stopped wiggling so much, but started crying softly, begging him not to give him a shot. Soon he was screaming as loud as his gag would allow, but i t wasn't loud enough for anyone to hear. Noone would hear him any more. The contents of the needle went in swiftly, and the boy fel 1 limp, still alive, and still very much awake, but unable to move , and unable to speak. Now his groin practically burst on it's ow n accord, but no...he could control that...there was so much he wa nted to do, so much this white boy was going to pay for first. Going back to the suitcase, he removed a large hunting knife, and returning to the boy's side, proceeded to remove his clothing. So white, so pure looking, so innocent. The boy laid there, unable to move, completely naked, and utterly horrified, pee came out in a slow stream.... He then removed his own clothes, his penis hard as a rock. He put on some protection, then approached the boy. Again, and again, h e could not stop...but finally he did, and then he felt so exhaust ed. The boy had struggled at first, but soon lay there, as if not hing mattered anymore. This had been good, he would want more lat er, but first he had to rest. The water tasted so good, even the part that drizzled down his naked body, across his now limp penis, and down to the floor. He would take a nap now. His rest was imp ortant. He laid down beside the boy, and fell asleep. Hours later he awoke to n the storage area now. .he needed the boy some a still quiet. He felt good, more, and then There must not be anyone i and his erection was back.. he would finish what he cam 2 ~:J do. -''..-.,- '.-, " .--~ ~,,- ,......--~ ~ " YO ":',,~+- s---'Y'~n t n~m w'i--;" t-'flO~~ bl" _..-::: ,--'Cj ,lie.::> _~.__',- :J't,-,-I.l..::1g aEi:nO_~, Je..;..::>,- 1-00.1..,.;...g a .~_. _l-...L ~ ...-- ,-< e ~les, ~~s jlonde hair was ~atted from all the crying, and he was s~~~l wi~pe=ing softly. Finally he allowed himself to touch the P~ge 2 ;~-~rR ' Tqdd boy's penis, so soft, so little, he held it in his hand, and picke d up the knife. A thin line of blood appeared where he pressed it against the skin. He paused for just a moment, remebering when h e was just a boy, so many years ago. You are my competition. You stole her away from me! I hate you! I wish I was the only boy in the world. I will make you a girl, a white girl, here, just for me. You won't steal anyone away from me again! With that thought in mind, he The blood started to flow. se, and returned with a large oy had lost consciousness. removed the penis, and the testicles He returned the knife to the suitca gauze bandage, and some tape. The b He opened a smelling salt capsule under the boy's nose...he revive d...in obvious pain and terror, unable to move, and unable to scre am loud enough for anyone to hear. NOW he would have his white gi rl...he would have her again, and again, until there was nothing I eft to have. - -.,.,.. Kayte couldn't sleep....maybe it was the phone call from her ex-hu sband just before she went to bed, or maybe it was the upcomingfui rthday party for her little girl, or maybe it was just something e lse, but she really didn't want the bowl of pudding she had dished out. The ringing of the phone startled her, and glancing at the clock only made the knot in her stomach grow tighter. It was prob ably that bastard ex of hers again, pushing her to get a more rigi d schedule, one where HE could make plans, and stick with them, bu t being in her line of business, there was little schedule, and no definite anything. Three a.m., why would he call now?? "hello!", she said, maybe a little too forcibily. "Barb?, is that you?" .~ , ;",-2::3 :nus:: :::.:i2:_d, ~e scme-::::2-'::C; , the local corone:.: r~ally WOKe her i~por~2~~ tha~ couldn't wait uD~il m -, . ~. ~'~~ S~~~~ 0= ~e== o:::--..:..:-:q. ?age 3 < "'-"::-, ", T<l>dd /' "Hey, , glad to hear from you, but isn't your timing a little off? The last time you called me this early in the morning was a ges ago when you said you loved me, and couldn't get enough of my voice! ! " "Well, I did, and I couldn't, but that is not here and now.. I hop e I didn't wake you, but knowing you, I probably didn't. There ha s been a murder, just brought in, and I really think you are going to want to see this one! It may be someone you are already lookin g for!" "Someone I may already be looking for? the only cases I am workin g on right now are domestic...and...OH MY GOD!!" her breath came in sharp, and painful...it couldn't be...not after all these years Pictures of Matthew swirled in her head...such a sweet child... so young, so beautiful, everyone had told her he was too pretty to be a boy, but he was, and he was just as beautiful on the inside until someone had ripped him from her...so long ago now, it seemed unreal, like a dream. But this dream was one she lived every day , one that would not go away!! " "Are you telling me that there is another murder like Matthew's? How similar are they?" "This one is right down the wire...exactly like Matthew, and there is a fortune cookie placed carefully in his mouth, just like befo re." =: ,;. "Why now, why so long after Matthew? I will be right down!!" . She hung up the phone...shaking and scared, could it be? Someone had started again, did the same person do this, or was it someone crazy enough to "copycat"?? How could this be, Matthew was murder ed in Harrisburg, Pennsylvania, she had moved from that place to t he relative quiet of Cincinatti, Ohio, moved from there to escape the demons, moved to forget, but now here they were...those same d emons that haunted her nightmares, and permeated her daydreams, re aring their ugly heads into reality!! She dressed quickly, a simple pair of black jeans, and a white swe ater, ran a comb through her hair and took a quick look in the mir ror. She never really liked what she saw. At 5'5, and 130 pounds , blonde hair, and brown eyes, she was far from unattractive, but she had jus~ never been one :~ understand what attraction she held rC).:: 3.:-_:r:'~e. 2e:c ::"i::::: 'N-as fa::=- toc c::mp~-=-,:a.:2d to ItJC::::-?:.Y ItJhat other 5 thClj;h~, ~~~ 3~~ 5~-=-l~ a~wa!s wc~de::::-ed. D.::2..'12....:'"'_:':; - ~ ',", -'" '""'" '"' ----~,-...,-~ :['~e "'-',""'''''- d...l...'jHl.. :.:: ':.he -:::.::sne.r's or:l:::e, she though-: bac Page 4 41i! .' . Todd . j- k to what had brought her here. In high school, everyone had thou ght she had such potential to really make something of her life. Above average grades, and an IQ of 140 had gotten her nowhere. Sh e got married right out of high school, Matt had seemed so solid, so on track, and she needed someone with direction, her life was s uch a rollercoaster ride. Her parents constantly pushed her for m ore, nothing was good enough, noone she dated measured up, and not hing she did was enough. They had been married for nine years whe n ,'" ~. . P'lge 5 . " BARBARA C. WHARY, . IN THE COURT OF COMMON PLEAS . Plaintiff/Respondent CUMBERLAND COUNTY, PENNA vs. NO. 00-1657 . . TIMOTHY E. WHARY. : CIVIL ACTION - LAW Defendant/Petitioner . IN CUSTODY . ORDER AND NOW, this day of June, 2000 based upon the >, attached petition for Emergency Relief filed by the Defendant, Timothy E. Whary, the Plaintiff, Barbara C. Whary is Hereby Ordered not to remove Kaicee J. Whary from Cumberland County and that primary physical custody of said minor child be granted to the Defendant, pending further hearing before this Honorable Court. BY THE COURT: 'f J. Date: Distribution: Emily Long Hoffman, Esquire Jeffrey B. Engle, Esquire Timothy E. Whary 105 North Street, P.O. Box 11475, HarriSburg, PA 17108-1475 129 Market Street, Millersburg, PA 17061 28 pine Street, Millersburg, PA 17061 ^'", .. 0 ~ ~ "< BARBARA C. WARY, . IN THE COURT OF COMMON PLEAS . Plaintiff/Respondent CUMBERLAND COUNTY, PENNA vs. NO. 00-1657 TIMOTHY E. WARY, : CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY (") 0 r; C"1 PETITION FOR EMERGENCY RELIEF ..,,~, ~= m ',.c~ :z [~~'l r"- TO THE HONORABLE JUDGES OF SAID COURT: 65 ~.. 1'0 2E ~' ,,~ AND NOW, this day of June, 2000 comes the above-captioned ~daftf, )>c~. LD Z .. Timothy E. Whary, by and through his counsel, Jeffrey B. Engle, Esquire and respec~ U1 requests that this Honorable Court enter an emergency order granting him primary physical custody of his minor child pending the outcome of a further hearing, and, in support thereof, avers as follows: 1. On or about March 23,2000 the above-captioned Plaintiff filed an action in divorce and a count in custody requesting primary physical custody of the parties natural daughter, Kaicee J. Whary, born November 5, 1996. (See copy of custody complaint attached hereto as exhibit A). 2. Pursuant to the custody count, a custody conciliation hearing was held on or about May 11, 2000 before attorney Dawn S. Sunday at 39 West Main Street, Mechanicburg, PA 17055. 3. The Plaintiff was represented by Emily Long Hoffinan, Esquire. 4. The Defendant was represented by undersigned counsel. 5. An agreement was brokered at this hearing which allowed the Plaintiff to maintain primary physical custody of the child. ~" . o ""1 ; ~;;:- ':"11 . .- ~ "~- ~-q ,"v.... ~:_:;;.:;) i~;~~ enl -, >. :::'-'"J -< iJ ~~ .L .. .' 6. At the conciliation hearing it was brought to the attention ofthe Defendant that the Plaintiff would be relocating to Utica, New York for purposes of seeking new employment and would be moving there with the minor child and her minor son, not born of the Defendant's marriage with the Plaintiff. 7. Pursuant to the custody conciliation hearing, an order was entered on May 23, 2000, (See copy of order attached hereto as Exhibit "B"). 8. Since the time of the custody conciliation hearing, the Defendant has filed a complaint in custody seeking modification of the original court order entered May 23, 2000. 9. Until recently, the Defendant believed that the Plaintiff would be moving to Utica by herself with his minor child and the Plaintiff's other child, Brandon 1. Keller. 10. On or about June 21,2000 the Defendant received confirmation from the Plaintiff that the Plaintiff would be residing at or living close to the residence of a friend named Todd Concillio.. 11. It is believed and therefore averred, that Mr. Concillio is a convicted felon and that subjecting the Defendant's 3yr old daughter to such an environment would be unhealth~, unstable, and counterproductive, 12. Moreover, the Respondent has been engaged in ongoing correspondence with Mr, Concillio that suggests her current relationship is less than wholesome. It is believed and therefore averred that the lurid remarks are suggestive of a terrible environment in which to place a child. (See Exhibit "C"). 13. The Defendant avers that there is a substantive change in circumstances from the prior arrangement reached at the May 11, 2000 custody conciliation hearing. .., ,."" ~. . _:i, 14. The Plaintiff plans on leaving the jurisdiction to move to New York on June 24, 2000 with the minor child 15. The Defendant is requesting that the court enter an order granting him primary physical custody of the child pending the outcome of a further hearing before this court and that the Plaintiff be barred from removing the minor child from the jurisdiction. WHEREFORE, the Defendant respectfully requests this Honorable Court enter an order granting him primary physical custody of the Defendant's minor child, Kaicee J. Whary, born November 5, 1996 based upon a change of circumstances recently discovered and further, that the Plaintiff be barred from removing the child from the jurisdiction of Cumberland County, Pennsylvania. Respectfully Submitted: Date:6~ ?;:O \1 " ---,...I.it<. BARBARA C. WHARY, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNA . . vs. NO, 00-1657 . . TIMOTHY E. WHARY, : CIVIL ACTION - LAW Defendant/Petitioner . IN CUSTODY . CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the above-referenced Petition For Emergency Relief, was forwarded by the manner indicated below: u.s. CERTIFIED MAIL Emily Long HOffman, Esquire 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 u.s. CERTIFIED MAIL RESTRICTED DELIVERY Barbara C. Whary 4725 E. Trindle Road Mechanicsburg, PA 17055 ,~ Jef A 1 M ersburg, PA (717) 692-2345 DATE: tl?~ / ,,"" ~~ .'" ,. ~1 0.:}~ \'->,7:: ...;...... o BARBARA C. WHARY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. TIMOTHY E. WHARY, Defendant CIVIL ACTION - LAW IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Barbara C. Whary, who has resided at 475 E. Trindle Road, Mechaniscburg, Cumberland County, Pennsylvania since April 1, 1996. ~ 2. Defendant is Timothy E. Whary, who has resided at 28 Pine Street, Millersburg, Dauphin County, Pennsylvania since February 25,2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 12, 1995. 5. There have been no prior actions of divorce or for annulment between the parties. " 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. There is one child born of the marriage, Kaicee J. Whary, born November 5, 1996. EXHIBIT d ~ A @ ~ " ". (?) . - . 10. The Plaintiff avers as the grounds on which the action is based: (a) That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiff's condition burdensome and life intolerable; (b) The marriage is irretrievably broken; COUNT 2 - EOUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein. 12. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT 3 - ALIMONY. ALIMONY PENDENTE LITE. A TTORNEY"SiFEES AND COSTS 13. Paragraphs one through twelve are incorporated herein. 14. Plaintiff lacks sufficient property to provide for her reaso~ble needs. 15. Plaintiff is unable to sufficiently support herself through appropriate employment. 1( 16. Plaintiff. Defendant has sufficient income and assets to provide continuing support for the 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 18. The Plaintiff is without sufficient funds to support and to meet the costs and expenses of this litigation and is unable to appropriately maintain during the pendency of this action. 19 Plaintiff's income is not sufficient to provide for her reasonable needs and pay he~1ttorney' s fees and the costS of this litigation. - ('\ -' " .-.' ---~ ~~ ";,j c' 20. Defendant has adequate earnings to provide for the Plaintiff's support and to pay her counsel fees, costs and expenses. COUNT 4 - CUSTODY 21. Paragraphs one through twenty are incorporated herein. 22. There is one child born to this marriage, namely Kaicee J. Whary, born November 5, 1996. 23. Plaintiff desires the custody of the minor and is capable of giving said child the necessary parental care and a proper and healthful environment. 24. The Plaintiff avers that she is a fit person to raise the minor child and that by awarding her legal custody, the best interest and permanent welfare of the child will thereby be promoted. 25. The parties' minor child has resided at 4725 E. Trindle Road since her birth. ---,.-. ~~ ....-::: 26. Plaintiff has not participated in any other litigation concerning the custody proceedings in a court of this or any other state, nor does she know of any person not a party to these proceedings who has had physical custody of the children or who claims to have ii custody or visitation rights. ' 27. Plaintiff desires that she be awarded Full Physical and Legal Custody of the minor child with Defendant to be provided with Supervised Visitation. "' ~. C..., . :c-: ~.' -~ ~, c''': ^ _U_'~ - _J, c' WHEREFORE, Plaintiff requests this Honorable Court: (A) Enter a decree of divorce; (B) Equitably distribute all property, both personal and real, owned by the parties; (C) Compel the Defendant to pay alimony pendente lite to Plaintiff; (D) Grant Plaintiff attorney's fees and costs; (E) Compel the Defendant to pay alimony to Plaintiff; (F) Grant Plaintiff Full Physical and Legal Custody of the minor child; (F) Grant such further relief as the Court may deem equitable and just. DATED: 3( {-( 100 Re~eGtfully submitted, By: . ( f) ... CCl~ E~ffman, Esquire Sup. Ct. ID # 66307 105 North Front Street Harrisburg, PA 17108",,:.. (717)233-1112 t{: @ , l , " -,,~'- ~', \"-:'-;.: AFFIDAVIT Barbara C. Whary, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information and belief. /::n/LI).(1/?I) C. '(j)fl...O/l.t:!J Barbara C. Whary Date: G:J .. ~j. (Xl .,. ..,., "-, 1I ""''';''''1 I , - -"'-:'J . "r ~ ., BARBARA C. WHARY, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 00-1657 CIVIL TERM . . . TIMorHY E. WHARY, : CIVIL ACrrON - LAW Defendant . IN CUSTODY . aIDER OF cnJRT AND NCtl, this r!)..P upon consideratioon of the attached ordered and directed as follows: day of Custody , 2000, Report, it is 1. The Mother, Barbara C. Whary, and the Father, Timothy E. Whary, shall have shared legal custody of Kaicee J. Whary, born November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being inclUding, but not limited to, all decisions regarding her health, education, and religion. 2. The Mother shall have primary physical custody of the Child. -.:..... 3. The Father shall have custody of the Child on alternating weekends fran Friday through Sunday, with the specific times for exchange to be arranged by agreement of the parties, and at any additional times arranged ~ by agreement of the parties. Pending the outcome of the evaluation specified in paragraph 5 of this Order, the parties agree that the Father I s periods of custody shall be supervised by either the Child's paternal grandmother or the mother. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 5. The Father shall undergo an evaluation by a professional selected by agreement of the parties and counsel for the purpose of obtaining independent recommendations concerning the necessity of supervision during the Father's periods of custody. The Mother shall cooperate in making herself and the Child available for participation in the evaluation, as deemed necessary by the evaluator. The parties agree to follow the recommendations of the evaluator with respect to the Father's periods of custody. The parties shall equally share all unreimbursed costs of the evaluation. 6. This Order is entered pursuant to an agreement of the parti:s at a CUstody Conciliation Conference. The parties may modify the provis' .~ EXHIBIT j~ ~~I ~, . , ^ """ II ' ~ llt:1 ~.~, this Order by IlR.ltual consent. In the absence of IlR.ltual consent, the terms 'of this Order shall control. BY THE COURT, /S/l'dNHJIl) f ail )/lJ. . , cc: Emily Long Hoffman, Esquire - Ccunsel for Mother Jeffrey B. Engle, Esquire - Counsel for Father ..;:>....,M Tl:-CORD T~JJ~ f",.#),?y. r',,~\;~ ::--:'''1t ~'{ hand ,,' : 1"'- t;~ 'J;l:' J '- ~ .. 'If 1':,':.:~.~" '0, ...! . ,I:; "-,~' _ ',..~ ','~ \~r\\S;?;r ?a. l: -, -, - :~ ';>. ,'~'- :>-~M,o...u." o.w -':':0.1 7,0 (\3/ Pi' ' u - U / ,./'j(, 'Il~ ..- , ]f'Y.'-<..~"'~':'''''' . . 'pr~t~ if - -,,-, , ; ., ; ~ i I ,< " , BARBARA C. WHARY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COONTY, PENNSYLVANIA . . : vs. : NO. 00-1657 CIVIL TERM . . TIMOTHY E. WHARY, . . CIVIL ACrrON - LAW IN CUSTODY Defendant . . ClJS'l'CVY cnlCILIATrCN SUMMARY REPCRI.' IN AccnIDANCE WITH CllMBERLAND COON'l'Y RULE OF CIVIL PROCEOORE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CDRREN.rLY IN ClJS'l'ODY OF Kaicee J. Whary November 5, 1996 Mother 2. A Conciliation Conference was held on May 11, 2000, with the following individuals in attendance: The Mother, Barbara_C. Whary, with his counsel, Emily Long Hoffman, Esquire, and the Father, TiIOOthy E. Whary, with J1is counsel, Jeffrey B. Engle, Esquire. 3. The parties agree to entry of an Order in the form as attached. 'If Date ~ /tt.ricoo . ~ Dawn S. Sunday, ~ CUstody Conciliator . . " l::~ i :('1 Todd ...... ..-f He looked at his watch. "damn...five minutes. the effect of that tazer will be wearing off any minute now." he thought to himself as he drove down the street. "Why did that dumb lady have to stop him to ask direction? And then he had to repeat it several times before she got the point. They were all alike.... with their per feet make-up, and their coiffed hair. He would show her. Someday they would all look at him in awe!!" But right now he pulled the car over to the side of the road. He stepped out of the vehicle a nd opened the back door. There were soft sounds coming from under the blanket, the boy was coming to. This would just not do....he wanted him unconscious when he woke him up...HE wanted to wake hi m up...his way. He pulled the blanket up, exposing a bare leg, pu lling the tazer from its holster on his belt, and gave it a quick squeeze while holding it against the boy's leg. The leg stiffened , as well as the rest of the body, and then fell limp, twitching 0 ccasionally. "Another five minute SOlI he thought, "I should be there by then." - It was starting to drizzle as he approached the gate, entering the gate code, he waited for the gate to open, and then drove quietly in. He drove around the entire storage facility, checking out wh o was there, before pulling up to his bin. Leaving the car runni ng, he got out and opened the bin. The rain was starting to come down faster now. But that didn't bother him. He was used to the elements, but he didn't want the boy to wake up yet, so he left th e blanket covering him, keeping out the rain. Inside was perfecti on. The bed was the only furniture in the room, but. he had carefu lly picked the sheets himself. Winnie the pooh, Winnie was always his favorite when he was little. The bed was a queen size, four poster bed, white with gold trim. Pillows were carefully stacked along the bed, and several more sets of sheets lay in the corne~. It was on the bed he laid the boy, oh so carefully, he didn't wan t to wake him just yet. He tied the boy to the posts with pantyhose, making sure they were nice and tight. He opened the boys mouth, inserted a golfball, a nd tied a leather strap over the boys mouth and chin. He stood at the foot of the bed staring at the boy laying there spread eagle before him. His groin ached with the thought of what was to lay a head. He left him for just a moment to retrieve the other things from the car. A brown suitcase, and a cooler full of water. Gett ing back into the car, he drove around one more time, some couple was trying to get stuff onto a rental truck before tie rain soaked them completely, but there was noone else around. ~e parked che " d 1 V ,., ' car o'ltside the gate, a::.d ItJa_Ke_ Dac,~ to ['~lS 0:'-:1. The boy IrJas awal<e...and struggling agai~st his ::2:S1:::::~2.:-_~3...niamn, l; EXHIBIT Page 1 ." ~ ~< ~ ;: ... r_ " ~h , ' J J . ~ .>-"~ .-"-"~ ";;, " Todd " damn, damn". He had wanted to wake him, but it was too late to c hange that now. He opened his suitcase, and pulled out the hypode rmic needle. He could feel the boy's eyes on him as he loaded the needle with the contents of the vial, and tapped it to make sure it was working properly. The liquid squirted out in a long stream .... and then he was ready. The ache in his groin grew, but he wa nted to savor every minute. The ache would just have to wait...th ere would be time enough for that soon. He spoke to the boy. "I am going to give you a shot. It will hur t a little, but it could hurt worse if you do not hold still." ~ The boy's eyes were as big a saucers, and he could feel the terror as what he said sunk into the child's head. He stopped wiggling so much, but started crying softly, begging him not to give him a shot. Soon he was screaming as loud as his gag would allow, but i t wasn't loud enough for anyone to hear. Noone would hear him any more. The contents of the needle went in swiftly, and the boy fel I limp, still alive, and still very much awake, but unable to move , and unable to speak. Now his groin practically burst on it's ow n accord, but no...he could control that...there was so much he wa nted to do, so much this white boy was going to pay for first. Going back to the suitcase, he removed a large hunting knife, and returning to the boy's side, proceeded to remove his clothing. So white, so pure looking, so innocent. '-". The boy laid there, unable to move, completely naked, and utterly horrified, pee came out in a slow stream.... He then removed his own clothes, his penis hard as a rock. He ~t on some protection, then approached the boy. Again, and again, h e could not stop...but finally he did, and then he felt so exhaust ed. The boy had struggled at first, but soon lay there, as if not hing mattered anymore. This had been good, he would want more lat er, but first he had to rest. The water tasted so good, even the part that drizzled down his naked body, across his now limp penis, and down to the floor. He would take a nap now. His rest was imp ortant. He laid down beside the boy, and fell asleep. Hours later he awoke to n the storage area now. .he needed the boy some 2 to do. a still quiet. He felt good, more, and then There must not be anyone i and his erection was back.. he would finish what he cam ?t~ ~oy ~as ~ot moving arryrnore, just s~aring a~ h~~ wich ~hose bl~ e ~yes, ~~s blonde hair was matted from a~l Lhe C=yiDg, and ne was s~ill wimpe=ing softly. Finally he allowed himself ~o to~c~ the P3.Ge 2 ....- ~ .....'- >-':'Ii,;' Todd boy's penis, so soft, so little, he held it in his hand, and picke d up the knife. A thin line of blood appeared where he pressed it against the skin. He paused for just a moment, remebering when h e was just a boy, so many years ago. You are my competition. You stole her away from me! I hate you! I wish I was the only boy in the world. I will make you a girl, a white girl, here, just for me. You won't steal anyone away from me again! With that thought in mind, he The blood started to flow. se, and returned with a large oy had lost consciousness. removed the penis, and the testicles He returned the knife to the suitca gauze bandage, and some tape. The b He opened a smelling salt capsule under the boy's nose...he revive d...in obvious pain and terror, unable to move, and unable to scre am loud enough for anyone to hear. NOW he would have his white gi rl...he would have her again, and again, until there was nothing I eft to have. '" _._0'" Kayte couldn't sleep....maybe it was the phone call from her ex-hu sband just before she went to bed, or maybe it was the upcominglbi rthday party for her little girl, or maybe it was just something e lse, but she really didn't want the bowl of pudding she had dished out. The ringing of the phone startled her, and glancing at the clock only made the knot in her stomach grow tighter. It was prob ably that bastard ex of hers again, pushing her to get a more rigi d schedule, one where HE could make plans, and stick with them, bu t being in her line of business, there was little schedule, and no definite anything. Three a.m., why would he call now?? "hello!", she said, maybe a little too forcibily. "Barb?, is that you?" The sc:..:nd .:;: h'=2:" f::::ie:>.c-, , the local co!'one:: rsa:ly 'tJC:<2 .,-- I -, 1 ~""'''''''''or-l-.::.,.,,- --'na-;- ~"Ul"';;r.r-;- ,,-:::.~"- """-l! m. '..:p. 1':1.-2::2 :nus:. :ce scmet:-:.i.:1g ...:....l.F _ '-.......dL L.. '- L--...' ~'-".. _ ,J.........:... _ ........ __~ .l or:-:..ing. ?a.ge 3 - .L '-""" .' Todd /' "Hey, , glad to hear from you, but isn't your timing a little off? The last time you called me this early in the morning was a ges ago when you said you loved me, and couldn't get enough of my voice! !" "Well, I did, and I couldn't, but that is not here and now.. I hop e I didn't wake you, but knowing you, I probably didn't. There ha s been a murder, just brought in, and I really think you are going to want to see this one! It may be someone you are already lookin g for!" "Someone I may already be looking for? the only cases I am workin g on right now are domestic...and...OH MY GOD!!" her breath came in sharp, and painful...it couldn't be...not after all these years Pictures of Matthew swirled in her head...such a sweet child... so young, so beautiful, everyone had told her he was too pretty to be a boy, but he was, and he was just as beautiful on the inside until someone had ripped him from her...so long ago now, it seemed unreal, like a dream. But this dream was one she lived every day , one that would not go away!! -, "Are you telling me that there is another murder like Matthew's? How similar are they?" "This one is right down the wire...exactly like Matthew, and there is a fortune cookie placed carefully in his mouth, just like befo re." "Why now, why so long after Matthew? I will be right down!!" She hung up the phone...shaking and scared, could it be? Someo~e had started again, did the same person do this, or was it someone crazy enough to "copycat"?? How could this be, Matthew was murder ed in Harrisburg, Pennsylvania, she had moved from that place to t he relative quiet of Cincinatti, Ohio, moved from there to escape the demons, moved to forget, but now here they were...those same d emons that haunted her nightmares, and permeated her daydreams, re aring their ugly heads into reality!! She dressed quickly, a simple pair of black jeans, and a white swe ater, ran a comb through her hair and took a quick look in the mir ror. She never really liked what she saw. At 5'5, and 130 pounds , blonde hair, and brown eyes, she was far from unattractive, but she had just never been one to understand what att~action she held ~ ~ -...,,-,.... ~ H I' ~Q l'~- f;:::..... ....00 -~mc' ~ ,....a-:-~.-.j ,---, 'N"r."'_, _~'_'I. ~tJhaL:. Gt~n=r LO-,- '::L~j'JnC. 1 er lJ...'--' No.-::J _,-,,':" '- . ""'-'- _ --~ -~"'" - s though~, ~~t s~~ s~il~ always wo~d2r~d. D " , " rlvl~g ~~~~~;n ~De ~igh~ C~ the c8~cnerls 0==':""::2, S~2 thought bae Page 4 .,' ;"< ~ ,.;,~, .' Todd . ;' k to what had brought her here. In high school, everyone had thou ght she had such potential to really make something of her life. Above average grades, and an IQ of 140 had gotten her nowhere. Sh e got married right out of high school, Matt had seemed so solid, so on track, and she needed someone with direction, her life was s uch a rollercoaster ride. Her parents constantly pushed her for m ore, nothing was good enough, noone she dated measured up, and not hing she did was enough. They had been married for nine years whe n , P~ae 5 " -'i . ~)' .~t . 1. BARBARA C. WHARY, Plaintiff/Respondent vs. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA : NO. 00-1657 TIMOTHY E. WHARY. Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of June, 2000 based upon the attached petition for Emergency Relief filed by the Defendant, Timothy E. Whary, the Plaintiff, Barbara C. Whary is Hereby Ordered not to remove Kaicee J. Whary from Cumberland County and that primary physical custody of said minor child be granted to the Defendant, pending further hearing before this Honorable Court. BY THE COURT: i:f J. Date: Distribution: Emily Long Hoffman, Esquire Jeffrey B. Engle, Esquire 105 North street, P.O. Box 11475, Harrisburg, PA 17108-1475 129 Market street, Millersburg, PA 17061 28 Pine Street, Millersburg, PA 17061 Timothy E. Whary .'~ " ' <",' , " , , . \ BARBARA C. WHARY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 00-1657 TIMOTHY E. WHARY, Defendant/Petitioner CIVIL ACTION - LAW : IN CUSTODY PETITION FOR EMERGENCY RELIEF TO THE HONORABLE JUDGES OF SAID COURT: ~ g ?, tB ff~ r~ ~T~~ .~] AND NOW, this day ofJune, 2000 comes the above-captioneii$erendant, ~,-;;;:; ~6 r~ t5~~ Timothy E. Whary, by and through his counsel, Jeffrey B, Engle, Esquire and res~lIys; -," :T, _"0"""; (..,.j ::__:_;(') Pr-;";' ..0 ;-',,-n requests that this Honorable Court enter an emergency order granting him primary '&'sic~ ~~ r~ (Ji -< custody of his minor child pending the outcome of a further hearing, and, in support thereof, avers as follows: 1. On or about March 23,2000 the above-captioned Plaintiff filed an action in divorce and a count in custody requesting primary physical custody of the pa,rties natural daughter, Kaicee 1. Whary, born November 5, 1996. (See copy of custody complaint attached hereto as exhibit A), 1.1 2. Pursuant to the custody count, a custody conciliation hearing was held on or about May 11, 2000 before attorney Dawn S. Sunday at 39 West Main Street, Mechanicburg, PA 17055. 3. The Plaintiff was represented by Emily Long Hoffinan, Esquire, 4. The Defendant was represented by undersigned counsel. . 5, An agreement was brokered at this hearing which allowed the Plaintiff to maintain primary physical custody of the child, ~__ ~_~o~, ~ " .. " -~,' , .. . . \ 6, At the conciliation hearing it was brought to the attention ofthe Defendant that the Plaintiff would be relocating to Utica, New York for purposes of seeking new employment and would be moving there with the minor child and her minor son, not born of the Defendant's marriage with the Plaintiff. 7, Pursuant to the custody conciliation hearing, an order was entered on May 23,2000, (See copy of order attached hereto as Exhibit "B"). 8, Since the time of the custody conciliation hearing, the Defendant has filed a complaint in custody seeking modification of the original court order entered May 23,2000, 9, Until recently, the Defendant believed that the Plaintiff would be moving to Utica by herself with his minor child and the Plaintiff's other child, Brandon 1. Keller. ^, 10, On or about June 21,2000 the Defendant received confirmation from the Plaintiff that the Plaintiff would be residing at or living close to the residence of a friend named Todd Concillio.. 11. It is believed and therefore averred, that Mr. Concillio is a convicted felon and that subjecting the Defendant's 3yr old daughter to such an environment would be unhealth~, unstable, and counterproductive. 12. Moreover, the Respondent has been engaged in ongoing correspondence with Mr. Concillio that suggests her current relationship is less than wholesome, It is believed and therefore averred that the lurid remarks are suggestive of a terrible environment in which to place a child. (See Exhibit "C"), 13, The Defendant avers that there is a substantive change in circumstances from the prior arrangement reached at the May 11, 2000 custody conciliation hearing, .1-- . -, . u," ~,j , .. . 14. The Plaintiff plans on leaving the jurisdiction to move to New York on June 24,2000 with the minor child 15, The Defendant is requesting that the court enter an order granting him primary physical custody of the child pending the outcome of a further hearing before this court and that the Plaintiff be barred from removing the minor child from the jurisdiction, WHEREFORE, the Defendant respectfully requests this Honorable Court enter an order granting him primary physical custody of the Defendant's minor child, Kaicee 1. Whary, born November 5, 1996 based upon a change of circumstances recently discovered and further, that the Plaintiff be barred from removing the child from the jurisdiction of Cumberland County, Pennsylvania. Respectfully Submitted: Date:.6~? k> -\1 .-, .'-' " . -j. ~:;;' . , , ~ BARBARA C. WHARY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA vs. : NO. 00-1657 TIMOTHY E. WHARY, Defendant/Petitioner CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the above-referenced Petition For Emergency Relief, was forwarded by the manner indicated below: U.S. CERTIFIED MAIL Emily Long Hoffman, Esquire 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 U.S. CERTIFIED MAIL RESTRICTED DELIVERY Barbara C. Whary 4725 E. Trindle Road Mechanicsburg, PA 17055 C)' DATE: ~"~ / ",. - ~ ..... .-~ - IiCf (:) ,.;...:-- .' J_ c\ , . ~ BARBARA C. WHARY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, TIMOTHY E. WHARY, Defendant CIVIL ACTION - LAW IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Barbara C. Whary, who has resided at 475 E. Trindle Road, Mechaniscburg, Cumberland County, Pennsylvania since April 1, 1996. ~ 2. Defendant is Timothy E. Whary, who has resided at 28 Pine Street, Millersburg, Dauphin County, Pennsylvania since February 25,2000. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married on August 12, t995. 5. parties. There have been no prior actions of divorce or for annulment between the 'It 6. Neither of the parties in this action is presently a member of the Armed Forces, 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling, Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. There is one child born of the marriage, Kaicee J. Whary, born November 5. 1996, E=.xHIBIT . ] A a ~ """',' - ,. .~- $ ~ I A (7) , :. 10. The Plaintiff avers as the grounds on which the action is based: (a) That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiff's condition burdensome and life intolerable; (b) The marriage is irretrievably broken; COUNT 2 - EOUITABLE DISTRTRUTION 11. Paragraphs one through ten are incorporated herein. 12. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT 3 - ALIMONY. ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 13. Paragraphs one through twelve are incorporated herein. 14. Plaintiff lacks sufficient property to provide for her reasoDllble needs. 15, Plaintiff is unable to sufficiently support herself through appropriate employment. 11 16. Plaintiff. Defendant has sufficient income and assets to provide continuing support for the 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 18. The Plaintiff is without sufficient funds to support and to meet the costs and expenses of this litigation and is unable to appropriately maintain during the pendency of this action. 19, Plaintiff's income is not sufficient to provide for her reasonable needs and pay her :ltlornev' s fees and the costs of this litigation. r,C\ \. -~.1 -' -'= "-b". . j. c 'Ii I 1 20. Defendant has adequate earnings to provide for the Plaintiff's support and to pay her counsel fees, costs and expenses, COUNT 4 - CUSTODY 21. Paragraphs one through twenty are incorporated herein. 22. There is one child born to this marriage, namely Kaicee J. Whary, born November 5, 1996. 23. Plaintiff desires the custody of the minor and is capable of giving said child the necessary parental care and a proper and healthful environment. 24. The Plaintiff avers that she is a fit person to raise the minor child and that by awarding her legal custody, the best interest and permanent welfare of the child will thereby be promoted. 25. The parties' minor child has resided at 4725 E. Trindle Road since her birth. - ~'.: 26. Plaintiff has not participated in any other litigation concerning the custody proceedings in a court of this or any other state, nor does she know of any person not a party to these proceedings who has had physical custody of the children or who claims to have ~, custody or visitation rights. 27. Plaintiff desires that she be awarded Full Physical and Legal Custody of the minor child with Defendant to be provided with Supervised Visitation. ,0 ~ , C.. ~d:/ , . ,. -, . " \' . ,\ WHEREFORE, Plaintiff requests this Honorable Court: (A) Enter a decree of divorce; (B) Equitably distribute all property, both personal and real, owned by the parties; (C) Compel the Defendant to pay alimony pendente lite to Plaintiff; (D) Grant Plaintiff attorney's fees and costs; (E) Compel the Defendant to pay alimony to Plaintiff; (F) Grant Plaintiff Full Physical and Legal Custody of the minor child; (F) Grant such further relief as the Court may deem equitable and just. By: . Re~ectfully submitted, ~<Cl~ Emily Long H ffman, Esquire Sup. Ct. ID # 66307 105 North Front Street Harrisburg, PA 17108 (717)233-1112 ",,-.' DATED: 3/1":/ 00 it! G .J. J' ., c , ,\ AFFIDAVIT Barbara C. Whary, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information and belief. )-:YJ/lI;fl/lfJ C. 1J..i.fiLi.;~ Barbara C. Whary Date: ,;) 0 cp-I. CX) ~ "' . ,-10 ."'.......""'~~ ~, , ,......; . ~'" BARBARA C. WHARY, . IN THE <XJURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. : NO. 00-1657 CIVIL TERM : TIMOTHY E. WHARY, . CIVIL ACTION - LAW . Defendant : IN CUSTODY aIDER OF COORT AND NCW, this ,J.P upon consideratioon of the attached ordered and directed as follows: day of Custody , 2000, n Report, it is 1. The Mother, Barbara C. Whary, and the Father, Timothy E. Whary, shall have shared legal custody of Kaicee J. Whary, born November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education, and religion. 2. The Mother shall have primary physical custody of th: ,~hild. 3. The Father shall have custody of the Child on alternating weekends from Friday through Sunday, with the specific times for exchange to be arranged by agreement of the parties, and at any additional times arranged < by agreement of the parties. Pending the outcome of the evaluation ,! specified in paragraph 5 of this Order, the parties agree that the Father's periods of custody shall be supervised by either the Child's paternal grandmother or the mother. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 5. The Father shall undergo an evaluation by a professional selected by agreement of the parties and counsel for the purpose of obtaining independent recommendations concerning the necessity of supervision during the Father's periods of custody. The Mother shall cooperate in making herself and the Child available for participation in the evaluation, as deemed necessary by the evaluator. The parties agree to follow the recommendations of the evaluator with respect to the Father's periods of custody. The parties shall equally share all unreimbursed costs of the evaluation. 6. This Order is entered pursuant to an agreement of the parti'ls at a Custody Conciliation Conference. The parties may modify the provis ~ EXHIBIT , '-'i I I ! I I I ~ {~ h ~ . . , o " ~-" ,~"-, .- "'{. ,'.'-- . this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. , .. BY THE COURT, /s/ f)WrlJ f cdl1)/JJ. , CC: Emily Long Hoffman, Esquire - Ccunsel for Mother Jeffrey B. Engle, Esquire - Counsel for Father ",,'-'M R::CORD d TRU ~ \: ~?'~.. i~ \~:~~i~~ 'In;;-S0'l m'{ han \'" "--~'" l~" ,I,. ~~ ',.j',..' ,.,~ Oa I: l....~ ..J _ .,.L..\o \.~n\SL, I . ~:f~\~"(1'd)3; 5~i-;JiD~, ~,o.tr" ,,. _C.p~ 1- "" " , ! 15... !4-./l,. -RJ . '.J.,.........". . ...,.. prot ,ODotarj ~:{ ~ . ,,~-,', " > Jr ~ . , " BARBARA C. WHARY, . IN THE (X)[JRT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 00-1657 CIVIL TERM . . . TI/'lOTHY E. WHARY, . CIVIL AcrION - LAW . Defendant : IN CUSTODY ,. . \ ~J.OOY COOCILIATICN SUMMl\RY REPCRr IN ACCnIDANCE WITH cnmERLAND CXXlNTY RULE OF crvn. PROCEOORE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CDRRENTLY IN ~ OF Kaicee J, Whary November 5, 1996 Mother 2. A Conciliation Conference was held on May 11, 2000, with the following individuals in attendance: The Mother, Barbara..C. Whary, with his counsel, Emily Long Hoffman, Esquire, and the Father, TiniOthy E. Whary, with his counsel, Jeffrey B. Engle, Esquire. 3. The parties agree to entry of an Order in the fom as attached. \1 Date ~ ICt.rlcoo . ~~ Dawn S. Sunday, Esquire Custody Conciliator 1'" . ... , .. '. i Todd ~' ._f' He looked at his watch. "damn...five minutes. the effect of that tazer will be wearing off any minute now." he thought to himself as he drove down the street. "Why did that dumb lady have to stop him to ask direction? And then he had to repeat it several times before she got the point. They were all alike.... with their per fect make-up, and their coiffed hair. He would show her. Someday they would all look at him in awe!!" But right now he pulled the car over to the side of the road. He stepped out of the vehicle a nd opened the back door. There were soft sounds coming from under the blanket, the boy was coming to. This would just not do....he wanted him unconscious when he woke him up...HE wanted to wake hi m up...his way. He pulled the blanket up, exposing a bare leg, pu lling the tazer from its holster on his belt, and gave it a quick squeeze while holding it against the boy's leg. The leg stiffened , as well as the rest of the body, and then fell limp, twitching 0 ccasionally. "Another five minute s", he thought, "I should be there by then." It was starting to drizzle as he approached the gate, entering the gate code, he waited for the gate to open, and then drove quietly in. He drove around the entire storage facility, checking out wh o was there, before pulling up to his bin. Leaving the car runni ng, he got out and opened the bin. The rain was starting to come down faster now. But that didn't bother him. He was used to the elements, but he didn't want the boy to wake up yet, so he left th e blanket covering him, keeping out the rain. Inside was perfecti on. The bed was the only furniture in the room, but. he had carefu lly picked the sheets himself. Winnie the pooh, Winnie was always his favorite when he was little. The bed was a queen size, four poster bed, white with gold trim. Pillows were carefully stacked along the bed, and several more sets of sheets lay in the corne~. It was on the bed he laid the boy, oh so carefully, he didn't wan t to wake him just yet. He tied the boy to the posts with pantyhose, making sure they were nice and tight. He opened the boys mouth, inserted a golfball, a nd tied a leather strap over the boys mouth and chin. He stood at the foot of the bed staring at the boy laying there spread eagle before him. His groin ached with the thought of what was to lay a head. He left him for just a moment to retrieve the other things from the car. A brown suitcase, and a cooler full of water. Gett ing back into the car, he drove around one more time, some couple was trying to get stuff onto a rental truck before the rain soaked them completely, but the~e was noone else around. ~e 9a~~ed ~he ca::- ()U::3~-=te .-.:he ,-,.;::;-.=, '::J'""'-~{ a~d wa:k8d back to his bin. The bov 'N"as O'N-a:<e... and s~ruggling agair.st his ::::-2St:c =.':':1-:'s. . ."::.amn, ~ EXHIBIT Page 1 "Ji ::; ~ = , ('- L , ,,' ""'-" ~' ~ <' , .. Todd '" . I " damn, damn". He had wanted to wake him, but it was too late to c hange that now. He opened his suitcase, and pulled out the hypode rmic needle. He could feel the boy's eyes on him as he loaded the needle with the contents of the vial, and tapped it to make sure it was working properly. The liquid squirted out in a long stream .... and then he was ready. The ache in his groin grew, but he wa nted to savor every minute. The ache would just have to wait...th ere would be time enough for that soon. He spoke to the boy. "I am going to give you a shot. It will hur t a little, but it could hurt worse if you do not hold still." ~ The boy's eyes were as big a saucers, and he could feel the terror as what he said sunk into the child's head. He stopped wiggling so much, but started crying softly, begging him not to give him a shot. Soon he was screaming as loud as his gag would allow, but i t wasn't loud enough for anyone to hear. Noone would hear him any more. The contents of the needle went in swiftly, and the boy fel I limp, still alive, and still very much awake, but unable to move , and unable to speak. Now his groin practically burst on it's ow n accord, but no...he could control that...there was so much he wa nted to do, so much this white boy was going to pay for first. Going back to the suitcase, he removed a large hunting knife, and returning to the boy's side, proceeded to remove his clothing. So white, so pure looking, so innocent. The boy laid there, unable to move, completely naked, and utterly horrified, pee came out in a slow stream.... He then removed his own clothes, his penis hard as a rock. He put on some protection, then approached the boy. Again, and again, h e could not stop...but finally he did, and then he felt so exhaust ed. The boy had struggled at first, but soon lay there, as if not hing mattered anymore. This had been good, he would want more lat er, but first he had to rest. The water tasted so good, even the part that drizzled down his naked body, across his now limp penis, and down to the floor. He would take a nap now. His rest was imp ortant. He laid down beside the boy, and fell asleep. Hours later he awoke to n the storage area now. .he needed the boy some e ':CJ do. a still quiet. He felt good, more, and then There must not be anyone i and his erection was back.. he would finish what he cam ?~,"e 'cC'i '",3.3 :;'0-:: :l'lO-Tir1g aD.y:nore, just star.:.ng at him wi-ch those blu e eyes, ~~3 jlonde hair was matted from all the crying, and he was s~.:.~l w.:.~pe=ing softly. Finally he allowed himself to touch the E'a.ge 2 - ~~ . I. Todd 0 , , """-I .. , l A . boy's penis, so soft, so little, he held it in his hand, and picke d up the knife. A thin line of blood appeared where he pressed it against the skin. He paused for just a moment, remebering when h e was just a boy, so many years ago. You are my competition. You stole her away from me! I hate you! I wish I was the only boy in the world. I will make you a girl, a white girl, here, just for me. You won't steal anyone away from me again! With that thought in mind, he The blood started to flow. se, and returned with a large oy had lost consciousness. removed the penis, and the testicles He returned the knife to the suitca gauze bandage, and some tape. The b He opened a smelling salt capsule under the boy's nose...he revive d...in obvious pain and terror, unable to move, and unable to scre am loud enough for anyone to hear. NOW he would have his white gi rl...he would have her again, and again, until there was nothing I eft to have. ~ -". Kayte couldn't sleep....maybe it was the phone call from her ex-hu sband just before she went to bed, or maybe it was the upcominglbi rthday party for her little girl, or maybe it was just something e lse, but she really didn't want the bowl of pudding she had dished out. The ringing of the phone startled her, and glancing at the clock only made the knot in her stomach grow tighter. It was prob ably that bastard ex of hers again, pushing her to get a more rigi d schedule, one where HE could make plans, and stick with them, bu t being in her line of business, there was little schedule, and no definite anything. Three a.m., why would he call now?? "hello!", she said, maybe a little too forcibily. "Barb?, is that you?" ~~~ 5::~nd a~ he= -, ' :::=..e!":G, , the local co=one= really woks ner i~corta~~ tha~ CGulj~'~ wait ~~til ill T~'"l2':2 :rtUS~ '""'~ scmetji:::g 0'::'..2.:1;; . ::':=.Qe 3 ~ ~ , +-- . ~~,~- .' . . ~ .. . ). , Todd )' "Hey, , glad to hear from you, but isn't your timing a little off? The last time you called me this early in the morning was a ges ago when you said you loved me, and couldn't get enough of my voice! ! " "Well, I did, and I couldn't, but that is not here and now.. I hop e I didn't wake you, but knowing you, I probably didn't. There ha s been a murder, just brought in, and I really think you are going to want to see this one! It may be someone you are already lookin g for!" "Someone I may already be looking for? the only cases I am workin g on right now are domestic...and...OH MY GOD!!" her breath came in sharp, and painful...it couldn't be...not after all these years Pictures of Matthew swirled in her head...such a sweet child... so young, so beautiful, everyone had told her he was too pretty to be a boy, but he was, and he was just as beautiful on the inside until someone had ripped him from her...so long ago now, it seemed unreal, like a dream. But this dream was one she lived every day , one that would not go away!! -, "Are you telling me that there is another murder like Matthew's? How similar are they?" "This one is right down the wire...exactly like Matthew, and there is a fortune cookie placed carefully in his mouth, just like befo re." =T "Why now, why so long after Matthew? I will be right down!!" She hung up the phone...shaking and scared, could it be? Someo&e had started again, did the same person do this, or was it someone crazy enough to "copycat"?? How could this be, Matthew was murder ed in Harrisburg, Pennsylvania, she had moved from that place to t he relative quiet of Cincinatti, Ohio, moved from there to escape the demons, moved to forget, but now here they were...those same d emons that haunted her nightmares, and permeated her daydreams, re aring their ugly heads into reality!! She dressed quickly, a simple pair of black jeans, and a white swe ater, ran a comb through her hair and took a quick look in the mir ror. She never really liked what she saw. At 5'5, and 130 pounds , blonde hair, and brown eyes, she was far from unattractive, but she had just ~e7~r been ODe t8 unde~stand what at~raction she held fo~ ~~j8ne. ~2~ li== NCS 1a= ~0C ~~~pii=a~2d L~ wc=~y what other s thcugh~, ~~: S~2 s~~l: ~:waj3 Ncnde~ed. D::i Tl2.:>; ---~~.,-,...., _.~_ _ _'-1__ -::le ;-L~;h~ :'J :.::e -:::::'-:'::r:er 1,3 J==i::e, she thought bae Page 4 " -" 'L.' ~ ~ '; .' . . -- " Todd .. .' l- , )- k to what had brought her here. In high school, everyone had thou ght she had such potential to really make something of her life. Above average grades, and an IQ of 140 had gotten her nowhere. Sh e got married right out of high school, Matt had seemed so solid, so on track, and she needed someone with direction, her life was s uch a rollercoaster ride. Her parents constantly pushed her for m ore, nothing was good enough, noone she dated measured up, and not hing she did was enough. They had been married for nine years whe n II ?3.ge -' BARBARA C. WHARY I Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA : vs. NO. 00-1657 : TIMOTHY E. WHARY. Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of June, 2000 based upon the attached petition for Emergency Relief filed by the Defendant, Timothy E. Whary, the Plaintiff, Barbara C. Whary is Hereby Ordered not to remove Kaicee J. Whary from Cumberland County and that primary physical custody of said minor child be granted to the Defendant, pending further hearing before this Honorable Court. BY THE COURT: J. Date: Distribution: Emily Long Hoffman, Esquire 105 North street, P.O. Box 11475, Harrisburg, PA 17108-1475 129 Market street, Millersburg, PA 17061 28 pine street, Millersburg, PA 17061 Jeffrey B. Engle, Esquire Timothy E. Whary JUL 13 2a~ BARBARA C. WEARY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 00-1657 TIMOTHY E. WEARY. Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 11th day of July, 2000 based upon the attached petition for Emergency Relief filed by the Defendant, Timothy E. Whary, the Plaintiff, Barbara C. Whary is Hereby Ordered not to remove Kaicee J. Whary from Cumberland County and that primary physical custody of said minor child be granted to the Defendant, pending further hearing before this Honorable Court. BY THE COURT: J. Date: Distribution: Emily Long Hoffman, Esquire Jeffrey B. Engle, Esquire 105 North Street, P.O. Box 11475, Harrisburg, PA 17108-1475 129 Market Street, Millersburg, PA 17061 28 pine Street, Millersburg, PA 17061 Timothy E. Whary , 1 ,~~Px-'''';~r:~- I I JUL 18 ZO~ I I BARBARA c. WHARY, Plaintiff/Respondent vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 00-1657 TIMOTHY E. WHARY. Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 11th day of July, 2000 based upon the attached petition for Emergency Relief filed by the Defendant, Timothy E. Whary, the Plaintiff, Barbara C. Whary is Hereby Ordered not to remove Kaicee J. Whary from Cumberland County and that primary physical custody of said minor child be granted to the Defendant, pending further hearing before this Honorable Court. BY THE COURT: J. Date: Distribution: Emily Long Hoffman, Esquire Jeffrey B. Engle, Esquire Timothy E. Whary 105 North Street, P.O. Box 11475, Harrisburg, PA 17108-1475 129 Market Street, Millersburg, PA 17061 28 Pine Street, Millersburg, PA 17061 , ~;y "1'",~~~'f_: -i,.", '" . .,' ''-, !-'o'v' _""",~_ .,.,,,' .- ..... BARBARA C. WHARY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW TIMOTHY E. WHARY, Defendant NO. 00-1657 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of July, 2000, upon consideration of Defendant's Petition for Emergency Relief, and Plaintiffs Response to Defendant's Petition for Emergency Relief, a hearing is scheduled for Thursday, the 27th day of July, 2000, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Emily Long Hoffman, Esq. 105 North Street P.O. Box 11475 Harrisburg, PA 17108-1475 Attorney for Plaintiff of) Jeffrey B. Engle, Esq. 129 Market Street Millersburg, PA 17061 Attorney for Defendant :rc .~)t le-.-.",..,..- _JC"",', " In- , " l::).>,r:IC~E ".-'!7" '::~i;-'!I")I-t:c:ty '". I", n"' If'l ' ,'L1 ,i ,;1 i; I.; If]' C"'> '" ..,r~,-,~!... , .. l "..1-.;: {'I i~!I,-,(":-' ,_ _ vIJ,V;0CrlL'~\:"~u C)'.;ui~rr' PENNSYlVA1~IA I I l _'" . - ''''''''''-, - =~ '" ~- ,'L'__" -~, "'-'. "',.__L\~ '-~"iiro ulIlr=-" ~ r.'--~T'j-TI ~1!J!J1!$'~~~~~~,."J~!II,.IiQIft!'~IW1lI!WII~!IItlJ1 " , - ill , ~ ~ .-~ BARBARA C. WHARY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ~ENNA vs. NO. 00-1657 TIMOTHYE. WHARY. Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 11th day of July, 2000 based upon the attached petition for Emergency Relief filed by the Defendant, Timothy E. Whary, the Plaintiff, Barbara C. Whary is Hereby Ordered not to remove Kaicee J. Whary from Cumberland County and that primary physical custody of said minor child be granted to the Defendant, pending further hearing before this Honorable Court. BY THE COURT: J. Date: Distribution: Emily Long Hoffman, Esquire Timothy E. Whary 105 North Street, P.O. Box 11475, Harrisburg, PA 17108-1475 129 Market Street, Millersburg, PA 17061 28 pine Street, Millersburg, PA 17061 Jeffrey B. Engle, Esquire ""' I ., J"' -',J BARBARA C. WHARY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 00-1657 TIMOTHY E. WHARY, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY I I: !' ~ i'l i" ['j PETITION FOR EMERGENCY RELIEF TO THE HONORABLE JUDGES OF SAID COURT: 'i ! AND NOW, this 11th day of July, 2000 comes the above-captioned Defendant, Timothy E, Whary, by and through his counsel, Jeffrey B. Engle, Esquire and respectfully requests that I :1 this Honorable Court enter an emergency order granting him primary physical custody of his minor child pending the outcome of a further hearing, and, in support thereof, avers as follows: j! ! 1. On or about March 23, 2000 the above-captioned Plaintiff filed an action in divorce , I 1;'1 Ii " [I Ii I:! " "I !-i Ii :1 d , '1 :1 I! ;1 and a count in custody requesting primary physical custody of the parties natural daughter, Kaicee J. Whary, born November 5, 1996, (See copy of custody complaint attached hereto as exhibit A). 2. Pursuant to the custody count, a custody conciliation hearing was held on or about May 11,2000 before attorney Dawn S, Sunday at 39 West Main Street, Mechanicburg, PA17055. 3, The Plaintiff was represented by Emily Long Hoffman, Esquire. 4. The Defendant was represented by undersigned counsel. 5. An agreement was brokered at this hearing which allowed the Plaintiff to maintain primary physical custody of the child. -~ - ," ~ .. , 'J 6, At the conciliation hearing it was brought to the attention of the Defendant that the Plaintiff would be relocating to Utica, New York for purposes of seeking new employment and would be moving there with the minor child and her minor son, not born of the Defendant's marriage with the Plaintiff, 7, Pursuant to the custody conciliation hearing, an order was entered on May 23,2000. (See copy of order attached hereto as Exhibit "B"), 8, Since the time of the custody conciliation hearing, the Defendant has filed a complaint in custody seeking modification of the original court order entered May 23,2000, 9, Until recently, the Defendant believed that the Plaintiff would be moving to Utica by herself with his minor child and the Plaintiff's other child, Brandon J, Keller, 10, On or about June 21, 2000 the Defendant received confirmation from the Plaintiff that the Plaintiff would be residing at or living close to the residence of a friend named Todd Concillio" II, It is believed and therefore averred, that Mr. Concillio is a convicted felon and that subjecting the Defendant's 3yr old daughter to such an environment would be unhealthy, unstable, and counterproductive. 12. Moreover, the Respondent has been engaged in ongoing correspondence with Mr, Concillio that suggests her current relationship is less than wholesome, It is believed and therefore averred that the lurid remarks are suggestive of a terrible environment in which to place a child, (See Exhibit "C"), 13, The Defendant avers that there is a substantive change in circumstances from the prior arrangement reached at the May 11, 2000 custody conciliation hearing. =-- - .ih -j - ,-_0_,;' - ", 14. The Plaintiff plans on leaving the jurisdiction to move to New York on June 24,2000 with the minor child 15. The Defendant is requesting that the court enter an order granting him primary physical custody of the child pending the outcome of a further hearing before this court and that the Plaintiff be barred from removing the minor child from the jurisdiction, WHEREFORE, the Defendant respectfully requests this Honorable Court enter an order granting him primary physical custody of the Defendant's minor child, Kaicee 1. Whary, born November 5, 1996 based upon a change of circumstances recently discovered and further, that the Plaintiff be barred from removing the child from the jurisdiction of Cumberland County, Pennsylvania, Respectfully Submitted: Date:~;Z 7(:0 , ~-- ~.., '''-''',: 0) r) . BARBARA C. WHARY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. TIMOTHY E, WHARY, Defendant CML ACTION - LAW IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Barbara C, Whary, who has resided at 475 E. Trindle Road, Mechaniscburg, Cumberland County, Pennsylvania since April 1, 1996. 2. Defendant is Timothy E. Whary, who has resided at 28 Pine Street, Millersburg, Dauphin County, Pennsylvania since February 25, 2000, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married on August 12, 1995. 5. parties, There have been no prior actions of divorce or for annulment between the i, 6, Neither of the parties in this action is presently a member of the Armed Forces, 7. The Plaintiff and Defendant are both citizens of the United States, 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling, Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9, There is one child born of the marriage, Kaicee J, Whary, born November 5, 1996. EXHIBIT I A ,- - -,-~ < ~ - - ~'" --.~_.'," -:~~:> i c) " 10. The Plaintiff avers as the grounds on which the action is based: (a) That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiff's condition burdensome and life intolerable; (b) The marriage is irretrievably broken; COUNT 2 - EOUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein. 12. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code, COUNT 3 - ALIMONY. ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 13. Paragraphs one through twelve are incorporated herein. 14. Plaintiff lacks sufficient property to provide for her reasonable needs. 15. Plaintiff is unable to sufficiently support herself through appropriate employment. If 16. Plaintiff, Defendant has sufficient income and assets to provide continuing support for the 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 18. The Plaintiff is without sufficient funds to support and to meet the costs and expenses of this litigation and is unable to appropriately maintain during the pendency of this action. 19, Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation, -1J ~ - . ~ ~ - ,.< p,.\ \. _:J c , 20, Defendant has adequate earnings to provide for the Plaintiff's support and to pay her counsel fees, costs and expenses. COUNT 4 - CUSTODY 21. Paragraphs one through twenty are incorporated herein. 22. There is one child born to this marriage, namely Kaicee], Whary, born November 5, 1996. 23, Plaintiff desires the custody of the minor and is capable of giving said child the necessary parental care and a proper and healthful environment, 24. The Plaintiff avers that she is a fit person to raise the minor child and that by awarding her legal custody, the best interest and permanent welfare of the child will thereby be promoted. 25. The parties' minor child has resided at 4725 E. Trindle Road since her birth. 26. Plaintiff has not participated in any other litigation concerning the custody proceedings in a court of this or any other state, nor does she know of any person not a party to these proceedings who has had physical custody of the children or who claims to have It custody or visitation rights. 27. Plaintiff desires that she be awarded Full Physical and Legal Custody of the minor child with Defendant to be provided with Supervised Visitation, ~ ~L: C'., ',;.-'_J .....,S... r' , WHEREFORE, Plaintiff requests this Honorable Court: (A) Enter a decree of divorce; (B) Equitably distribute all property, both personal and real, owned by the parties; (C) Compel the Defendant to pay alimony pendente lite to Plaintiff; (D) Grant Plaintiff attorney's fees and costs; (E) Compel the Defendant to pay alimony to Plaintiff; (F) Grant Plaintiff Full Physical and Legal Custody of the minor child; (F) Grant such further relief as the Court may deem equitable and just. By: . RespeGtfully submitted, ~~(~ Emily Long H ffman, Esquire Sup, Ct. ID # 66307 105 North Front Street Harrisburg, PA 17108 (717)233-1112 DATED: 3(/-( 100 _~'t " .= 0<-- @ ~> ( - AFFIDAVIT Barbara C. Wbary, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information and belief. /i?frJJ.Cl/7IJ C. 1jJJJ,~ BarbaraC.Whary Date: (;J 0 ,~j. QCl ,1 _~o " ..-m,'lh., " ,. . ' BARBARA C. WHARY, . IN THE CXlURT OF CXlMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 00-1657 CIVIL TERM . . . TIMDrHY E. WHARY, . CIVIL ACrION - LAW . Defendant . IN CUSTODY . ORDER OF <XXlRT AND l'DIJ, this eQ.P upon consideratioon of the attached ordered and directed as follows: day of Custody C:C}i~~n , 2000, Report, it is 1. The Mother, Barbara C. Whary, and the Father, Timothy E. Whary, shall have shared legal custody of Kaicee J. Whary, born November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education, and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have custody of the Child on alternating weekends from Friday through Sunday, with the specific times for exchange to be arranged by agreement of the parties, and at any additional times arranged by agreement of the parties. Pending the outcome of the evaluation specified in paragraph 5 of this Order, the parties agree that the Father's periods of custody shall be supervised by either the Child's paternal grandmother or the mother. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 5. The Father shall undergo an evaluation by a professional selected by agreement of the parties and counsel for the purpose of obtaining independent recommendations concerning the necessity of supervision during the Father I s periods of custody. The Mother shall cooperate in making herself and the Child available for participation in the evaluation, as deemed necessary by the evaluator. The parties agree to follow the recommendations of the evaluator with respect to the Father's periods of custody. The parties shall equally share all unreimbursed costs of the evaluation. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisO EXHIBIT J Q; ____i;,,_~ ~ . , ", this Order by mutual consent. In the absence of mutual consent, the terms of this ~der shall control. BY THE OOURT, /sll!rlwrJJlJ f qil~J. , CC: Emily Long Hoffman, Esquire - Counsel for Mother Jeffrey B. Engle, Esquire - Counsel for Father ,.., fROM RECORD TRUE ~",:'! I hefe unto set my hand In Testimony ,'!h,rdo~ rt at Carlisle, Pa. and the, seal of sal ou m, ,Q.~ f\3 , dal ~f ::i'J.,:.l,o..u.., Thi2J""~.""~"",;:.:i... .". ,':': ~"O . . _ . ~' . prot onotary .~ .....-~L"'" '~: - ~~ " .' BARBARA C. WHARY, . IN THE COURT OF OOMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PE;NNSYL VANIA . . vs. . NO. 00-1657 CIVIL TERM . : TIMarHY E. WHARY, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . CUSTODY <XJ!:ICILIATICE SUMMARY REI?CRr IN Accx:RDANCE w.ITH CUMBERLAND <XXlN'lY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUST<DY OF Kaicee J. Whary November 5, 1996 Mother 2. A Conciliation Conference was held on May 11, 2000, with the following individuals in attendance: The Mother, Barbara C. Whary, with his counsel, Emily Long Hoffman, Esquire, and the Father, Timothy E. Whary, with his counsel, Jeffrey B. Engle, Esquire. 3. The parties agree to entry of an Order in the form as attached. ~ Ire, ~o Date . ~ .In-~ Dawn S. sunday, Esquirej Custody Conciliator - '~"'" " ~" "l,:, :t ;- ~i ' -('J . ' Todd " " He looked at his watch. "damn...five minutes. the effect of that tazer will be wearing off any minute now." he thought to himself as he drove down the street. "Why did that dumb lady have to stop him to ask direction? And then he had to repeat it several times before she got the point. They were all alike.... with their per fect make-up, and their coiffed hair. He would show her. Someday they would all look at him in awe!!" But right now he pulled the car over to the side of the road. He stepped out of the vehicle a nd opened the back door. There were soft sounds coming from under the blanket, the boy was coming to. This would just not do....he wanted him unconscious when he woke him up...HE wanted to wake hi m up...his way. He pulled the blanket up, exposing a bare leg, pu lling the tazer from its holster on his belt, and gave it a quick squeeze while holding it against the boy's leg. The leg stiffened , as well as the rest of the body, and then fell limp, twitching 0 ccasionally. "Another five minute so, he thought, "I should be there by then." - It was starting to drizzle as he approached the gate, entering the gate code, he waited for the gate to open, and then drove quietly in. He drove around the entire storage facility, checking out wh o was there, before pulling up to his bin. Leaving the car runni ng, he got out and opened the bin. The rain was starting to come down faster now. But that didn't bother him. He was used to the elements, but he didn't want the boy to wake up yet, so he left th e blanket covering him, keeping out the rain. Inside was perfecti on. The bed was the only furniture in the room, but. he had carefu lly picked the sheets himself. Winnie the pooh, Winnie was always his favorite when he was little. The bed was a queen size, four poster bed, white with gold trim. Pillows were carefully stacked along the bed, and several more sets of sheets lay in the corne~. It was on the bed he laid the boy, oh so carefully, he didn't wan t to wake him just yet. He tied the boy to the posts with pantyhose, making sure they were nice and tight. He opened the boys mouth, inserted a golfball, a nd tied a leather strap over the boys mouth and chin. He stood at the foot of the bed staring at the boy laying there spread eagle before him. His groin ached with the thought of what was to lay a head. He left him for just a moment to retrieve the other things from the car. A brown suitcase, and a cooler full of water. Gett ing back into the car, he drove around one more time, some couple was trying to get stuff onto a rental truck before the rain soaked them completely, but there was noone else around. ~e oa~ked the ca:: cutsi:l.e ::he r<;::,:::::' 'j..... '- '-, and walxed back to his ci~. The boy was awake.. .and s~ruggling against his restrlin~s.. ."damn, EXHIBIT Page 1 m ~ . r_ I', , ~ - . ~ h , , LJ.' <' < ,To(id ,~ " damn, damn". He had wanted to wake him, but it was too late to c hange that now. He opened his suitcase, and pulled out the hypode rmic needle. He could feel the boy's eyes on him as he loaded the needle with the contents of the vial, and tapped it to make sure it was working properly. The liquid squirted out in a long stream .... and then he was ready. The ache in his groin grew, but he wa nted to savor every minute. The ache would just have to wait...th ere would be time enough for that soon. He spoke to the boy. "I am going to give you a shot. It will hur t a little, but it could hurt worse if you do not hold still." ~ The boy's eyes were as big a saucers, and he could feel the terror as what he said sunk into the child's head. He stopped wiggling so much, but started crying softly, begging him not to give him a shot. Soon he was screaming as loud as his gag would allow, but i t wasn't loud enough for anyone to hear. Noone would hear him any more. The contents of the needle went in swiftly, and the boy fel I limp, still alive, and still very much awake, but unable to move , and unable to speak. Now his groin practically burst on it's ow n accord, but no...he could control that...there was so much he wa nted to do, so much this white boy was going to pay for first. Going back to the suitcase, he removed a large hunting knife, and returning to the boy's side, proceeded to remove his clothing. So white, so pure looking, so innocent. The boy laid there, unable to move, completely naked, and utterly horrified, pee came out in a slow stream.... He then removed his own clothes, his penis hard as a rock. He put on some protection, then approached the boy. Again, and again, h e could not stop...but finally he did, and then he felt so exhaust ed. The boy had struggled at first, but soon lay there, as if not hing mattered anymore. This had been good, he would want more lat er, but first he had to rest. The water tasted so good, even the part that drizzled down his naked body, across his now limp penis, and down to the floor. He would take a nap now. His rest was imp ortant. He laid down beside the boy, and fell asleep. Hours later he awoke to n the storage area now. .he needed the boy some a still quiet. He felt good, more, and then There must not be anyone i and his erection was back.. he would finish what he cam ,:::. ....." ,...J" .... _'-" '-.-lv. ~, ' ' , , 'ng a" 'n~~ "~-h ~~~s- '01" _.:;...:; :CC'/ 'i'i.3.S :-'.G-;: rno~j:"':1g ar:..ymore, JUs:: 5"'C.arl.L L.L ..L"" '/'i_L 1 L..1'-...... C '...1 e ~y2Sf ~~5 ~lQnde hair was matted from all the crying, 2nd he was 3~i~1 w~;npering softly. Finally he allowed himself cO couch the ?a.ge 2 T.odd . . ~ boy's penis, so soft, so little, he held it in his hand, and picke d up the knife. A thin line of blood appeared where he pressed it against the skin. He paused for just a moment, remebering when h e was just a boy, so many years ago. You are my competition. You stole her away from me! I hate you! I wish I was the only boy in the world. I will make you a girl, a white girl, here, just for me. You won't steal anyone away from me again! With that thought in mind, he The blood started to flow. se, and returned with a large oy had lost consciousness. removed the penis, and the testicles He returned the knife to the suitca gauze bandage, and some tape. The b He opened a smelling salt capsule under the boy's nose...he revive d...in obvious pain and terror, unable to move, and unable to scre am loud enough for anyone to hear. NOW he would have his white gi rl...he would have her again, and again, until there was nothing I eft to have. ~, -,';,.~ Kayte couldn't sleep....maybe it was the phone call from her ex-hu sband just before she went to bed, or maybe it was the upcomingtbi rthday party for her little girl, or maybe it was just something e lse, but she really didn't want the bowl of pudding she had dished out. The ringing of the phone startled her, and glancing at the clock only made the knot in her stomach grow tighter. It was prob ably that bastard ex of hers again, pushing her to get a more rigi d schedule, one where HE could make plans, and stick with them, bu t being in her line of business, there was little schedule, and no definite anything. Three a.m., why would he call now?? "hello!", she said, maybe a little too forcibily. "Barb?, is that you?" T~2 s::;nd ':~ he= .= -r ~ .o:::.r r< ---'----', ! the local corone= really woke he::: i~por~a~c that couldn1t wait until m .~ , """"" ~ .r '" - -4 _ _ _ :;:n":3::' ::e scme:._~_2..~C; '0::::12-.0':; . P~ge 3 ~ " "" .' . .T>odd " , " :' "Hey, , glad to hear from you, but isn't your timing a little off? The last time you called me this early in the morning was a ges ago when you said you loved me, and couldn't get enough of my voice! ! " "Well, I did, and I couldn't, but that is not here and now.. I hop e I didn't wake you, but knowing you, I probably didn't. There ha s been a murder, just brought in, and I really think you are going to want to see this one! It may be someone you are already lookin g for!" "Someone I may already be looking for? the only cases I am workin g on right now are domestic.. .and.. .OH MY GOD!!" her breath came in sharp, and painful...it couldn't be...not after all these years Pictures of Matthew swirled in her head...such a sweet child... so young, so beautiful, everyone had told her he was too pretty to be a boy, but he was, and he was just as beautiful on the inside until someone had ripped him from her...so long ago now, it seemed unreal, like a dream. But this dream was one she lived every day , one that would not go away!! " "Are you telling me that there is another murder like Matthew's? How similar are they?" "This on. is right down the wire...exactly like Matthew, and there is a fortune cookie placed carefully in his mouth, just like befo re." "Why now, why so long after Matthew? I will be right down!!" She hung up the phone...shaking and scared, could it be? SomeoJB had started again, did the same person do this, or was it someone crazy enough to "copycat"?? How could this be, Matthew was murder ed in Harrisburg, Pennsylvania, she had moved from that place to t he relative quiet of Cincinatti, Ohio, moved from there to escape the demons, moved to forget, but now here they were...those same d emons that haunted her nightmares, and permeated her daydreams, re aring their ugly heads into reality!! She dressed quickly, a simple pair of black jeans, and a white swe ater, ran a comb through her hair and took a quick look in the mir ror. She never really liked what she saw. At 5'5, and 130 pounds , blonde hair, and brown eyes, she was far from unattractive, but she had jus~ neve~ been one tJ unde~stand what attraction she held :'2= 3.:"../':n.e. ~+2= 1i.::2 was :a:: 'cee :':::ffir:::".:..::a:.ed t::: ItJc==y !rJhat other s ~~c~;n~, ~.~~ st~ s~i.l: a:~ajs ~O~d2=~d. D::i 'j .::.::.; - " .~.--,.,...,.~ _.~-_.~,",-" ~he .'"'..lgn-:: ~::) ::.:-'J.2 :::::::::nerfs O:=::"C'2, She though:: bac 2age 4 ~ I - ~, ~ lil1!in " . ,'J;odd . . , " ',,' /' k to what had brought her here. In high school, everyone had thou ght she had such potential to really make something of her life. Above average grades, and an IQ of 140 had gotten her nowhere. Sh e got married right out, of high school, Matt had seemed so solid, so on track, and she needed someone with direction, her life was s uch a rollercoaster ride. Her parents constantly pushed her for m ore, nothing was good enough, noone she dated measured up, and not hing she did was enough. They had been married for nine years whe n ~ ?.=:.ae oJ A. , ~ - -'~:-" . " . .' .~: BARBARA C. WHARY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 00-1657 TIMOTHY E. WHARY, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the above-referenced Petition For Emergency Relief, was forwarded by the manner indicated below: U.S. CERTIFIED MAIL Emily Long Hoffman, Esquire 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 u.s. CERTIFIED MAIL RESTRICTED DELIVERY Barbara C. Whary 4725 E. Trindle Road Mechanicsburg, PA 17055 DATE: 1~doD I I ~ ~- - . . .' 'l BARBARA C. WHARY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 00-1657 TIMOTHY E. WHARY, Defendant CIVIL ACTION - LAW IN DIVORCE RESPONDENT'S RESPONSE TO PETITION FOR EMERGENCY RELIEF AND NOW, comes Plaintif17Respondent, Barbara C. Whary (herein "Mother"), by and through her attorney Emily Long Hoffman and in support of her response avers as follows: 1, Admitted in part, denied in part, There is no Complaint attached hereto and therefore, Plaintiff cannot admit to its authenticity. 2, Admitted. 3, Admitted. 4, Admitted. 5. Admitted. 6. Admitted. By way of further explanation, Father knew at least a month before the conference that Mother planned on moving to New York with the child. 7, Admitted in part, denied in part. There is no Order attached hereto and therefore, Mother cannot admit to its authenticity. 8. Admitted. 9, This is an averment of Defendant's (hereinafter "Father") belief to which Mother has no knowledge and thus is deemed denied. 10. This is an averment of Defendant' s (hereinafter "Father") belief to which Mother has no knowledge and thus is deemed denied. .... . ~ . < '.I . 11, Denied. It is denied that Todd Concillio is a convicted felon and that subjecting the Father's 3 year old daughter to such an environment would be unhealthy, unstable and counterproductive. By way of further explanation, Mr. Concillio, a Chiropractor, served an 18 month sentence in Ohio for simple theft as a result of his business partner's over-billing of Worker's Compensation whereupon after Mr. Concillio's release from prison he moved to New York and currently resides with his Grandmother. 12, Denied. It is denied that Mother has been engaged in ongoing correspondence with Mr. Concillio that suggests her current relationship is less than wholesome. It is denied that the remarks are suggestive of a terrible environment in which to place a child. There is no correspondence attached hereto and therefore, Mother cannot admit to its authenticity. 13, Denied. It is denied that there is a substantive change in circumstances from the prior arrangement reached at the May 11,2000 custody conciliation hearing. 14. It is admitted that the Mother moved to New York. 15. This is a request to which no response is required. NEW MATTER 16, Father's averments in Paragraphs one through fifteen and Mother's responses thereto are incorporated herein. 17. The Order entered into by the parties on May 23,2000, is attached hereto as Exhibit HA", 18, The Order requires Father's custody to be supervised by his paternal grandmother or mother. 19. The Order further requires Father to undergo an evaluation by a professional selected by agreement of the parties and counsel for the purpose of obtaining independent , .' " recommendations concerning the necessity of supervision during the Father's periods of custody. 20, The Order required the evaluation due to the Mother finding, on the parties' computer, evidence of Father accessing child pornography whereupon Mother turned over the disks and infonnation to the FBI. 21. The FBI is currently evaluating the matter. 22. Father is in contempt of the custody Order due to his failure to undergo an evaluation, 23. Father is in contempt of the Order due to his failure to abide by the supervision requirements. 24, Father filed a modification petition, thus, there is a conciliation conference scheduled in this matter for August 23, 2000, before Dawn Sunday, Esquire, WHEREFORE, Mother requests that this Honorable Court deny Father's Petition for Emergency Relief. By: Respectfully submitted, y:~ Emily Long Hoffman, Esquire Sup. Ct. ID # 66307 105 North Front Street Harrisburg, PA 17108 (717)233-1112 DATED: 7/11/00 . . '(->',: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached docwnent was served on the person below by depositing in the U.S. Mail, First Class Postage on this day: Jeffrey B. Engle, Esquire Shaffer & Engle 129 Market Street Millersburg, P A 17061 By: Emily Long an, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-11l2 Date: 7/11/00 - 'U/IIlit;l,,, ,l ill I ,/ BARBARA C. WHARY, Plaintiff : IN THE OOURT OF CXlMMa'l PLEAS OF : CUMBERLAtU> COUNTY, PENNSYLVANIA : vs. : NO. 00-1657 CIVIL TERM . . TIMOl'HY E. WHARY, Defendant : CIVIL ACTIOO - LAW : IN CUSTODY OODBR OJ!' COORr 1. 3 oJ. upon consideratioon of the attached ordered and directed as follows: AND liDf, this day of Custody , 2000, Report, it is 1. The Mother, Barbara C. Whary, and the Father, Timothy E. Whary, shall have shared legal custody of Kaicee J. Mtary, born November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education, and religion. 2. The Mother shall have primary physical custody of the Child. 3. '!he Father shall have custody of the Child on alternating weekends fran Friday through Sunday, with the specific times for exchange to be arranged by agreement of the parties, and at any additional times arranged by agreement of the parties. pending the outcome of the evaluation specified in paragraph 5 of this Order, the parties agree that the Father's periods of custody shall be supervised by either the Child's paternal grandmOther or the mother. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 5. The Father shall undergo an evaluation by a professional selected by agreement of the parties and counsel for the purpose of obtaining independent recomnendations concerning the necessity of supervision during the Father's periods of custody. The Mother shall cooperate in making herself and the Child available for participation in the evaluation, as deemed necesssry by the evaluator. The parties agree to follow the recamnendations of the evaluator wi th respect to the Father's periods of custody. The parties shall equally share all unreimbursed costs of the evaluation. 6. This order is entered pursuant to an agreement of the parties at a custody conciliation Conference. The parties may modify the provisions of - . "" .. this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE CXlURT, /5/ fJJJJfU,J t stL)/lJ. . , cc: &nily Long Hoffman, Esquire - Ccunsel for Mother Jeffrey B. Engle, Esquire - COunsel for Father T..,~.,.~ ,-' , . ','.' ~'7""'''''.-''~-"" \-~,;: , . . ,'. ., In Ti;~.:.trl':..::,: :j.jnd and the *al t:;f ~.< ~~:_~.': ~ 1'_ '! ,_i~, r3. ;- _._<:?:.~...Ja,,~1J)~~ _{nH)Luy"~~.., , - fhOllOl8lV " 'i.itli;iJ;<,""iiilI~d1IIi~~~~~~~~;.j!.'i'<li""~b-j~!,);'"~Wt,,,.w;;j,,,,,"--iffi!;;""--~""iif.a;.'iiJlil:~~~"'iIii!~Ol;;;'1lil~!l!ilmi~~~~lU:lIIlildIII","""i;!;""""-,"" .. .. 8 """ :0 t?i Ln.~.; I ~r~~; c.',i',. ~2~;' p ?r? :L' c' -.c:; .c_ ....., -< >" ~"",,,. ~_~'t -,., ~~ , -".",. ~- "~,,, - ~"'I,.~""", ,,'. ',",,' ",.<_ ',"', . ~~__'""_ I.c' ,"-"-,, "' c-- '- . ,...., ,3 ~- c- (:::::: ~--:-) '_J (\.) ';?;"'" -..~ :;:; '; -,~ '.j '~.- ~;j ,5~ <:.'>- 5J -< ~~~" ~ III>Oil ._":'.;' ". BARBARA C, WHARY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- /t.~'1 Gu;C ~'<:/LYl TIMOTHY E. WHARY, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT You, Timothy E, Whary and Barbara C. Whary, are ORDERED to appear in person before ~0.~, ~~ \~" Custody Conciliator, at ;Sot \.l. ~~~' ~\C~\:"x:J l.p~ \\~~5 on ___\,,":'IDOO at_ l o'clock --\L,m, for a Custody Conciliation Conference, At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may, at the request of either attorney or party, be present at the Conference, Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFlCE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 FOR THE COURT: Date: 3\ d\ \ ()b ~\,,-~~,~f\.l\ . Custody Conciliator ~. t~~ '" ,-~~ ~ " " ~. r:p r-:[Ln~f':V'"C '-__ I ....h' ,VL (~F 'i_I' ,'')(\"1;.'''''' I~TARY ' ..,.-, l"""',\./I\;fj, If 00 ~lAR 23 PI'i 2: 25 CUMBERLf\ND COUI\fl'Y PENNSYLVANIA 3bl3,U> W.~_~ ~4~~" Jc;(j>.a? ~n~ ~ ~'~. Jd.3.a::; ~ ~ ~~~ "'_ ~iijl!lfll~'U111lIIIWlj'!_""!'US!ill'll~~!M!"Ilt'!JRlll~.~iiffi"~'(,1'%jitll'l!l'~II'!~W!'!W1!1\iG'I%m~~~.-Il~'!W'I'_~~~~~'~_. ..~ .i ,-., ';j" ".!MlliU...'Ji.; " BARBARA C. WHARY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. TIMOTHY E. WHARY, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 240-6200 - ;- ~"=>.l- "_'~ c......" Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene veinte (20) dias de plazo al partir de lag fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abagado y archival en la corte en forma excrita sus defensas 0 sus objecciones alas demandas en contra de su persona. Sea avisado que si ustted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros dere~hos importantes para usted. LLEVE ESTA DEMANDA A UN ABAGADO INMEDIATAMENTE, SI NO TIENE ABAGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCURENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 11013 (717) 240-6200 .-1 ,. ~ ,.- .~-"~ - --u;o-t; BARBARA C. WHARY, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (r(J - /t.51 C;;J J~ TIMOTHY E. WHARY, Defendant CIVIL ACTION - LAW IN DIVORCE DIVORCE COMPLAINT I, Plaintiff is Barbara C. Whary, who has resided at 475 E. Trindle Road, Mechaniscburg, Cumberland County, Pennsylvania since April I, 1996, 2, Defendant is Timothy E. Whary, who has resided at 28 Pine Street, Millersburg, Dauphin County, Peunsylvania since February 25,2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 12, 1995, 5, There have been no prior actions of divorce or for annulment between the parties, 6. Neither of the parties in this action is presently a member of the Armed Forces, 7. The Plaintiff and Defendant are both citizens of the United States, 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. There is one child born of the marriage, Kaicee J. Whary, born November 5, 1996. " ,~ ~~ioIiooi l~'~ 10, The Plaintiff avers as the grounds on which the action is based: (a) That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiff's condition burdensome and life intolerable; (b) The marriage is irretrievably broken; COUNT 2 - EOUlTABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein. 12. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT 3 - ALIMONY. ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 13, Paragraphs one through twelve are incorporated herein, 14. Plaintiff lacks sufficient property to provide for her reasonable needs, 15, Plaintiff is unable to sufficiently support herself through appropriate employment. 16. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 18. The Plaintiff is without sufficient funds to support and to meet the costs and expenses of this litigation and is unable to appropriately maintain during the pendency of this action. 19, Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. .........~= 3- 20, Defendant has adequate earnings to provide for the Plaintiff's support and to pay her counsel fees, costs and expenses. COUNT 4 - CUSTODY 21. Paragraphs one through twenty are incorporated herein, 22. There is one child born to this marriage, namely Kaicee J, Whary, born November 5, 1996. 23. Plaintiff desires the custody of the minor and is capable of giving said child the necessary parental care and a proper and healthful environment. 24. The Plaintiff avers that she is a fit person to raise the minor child and that by awarding her legal custody, the best interest and permanent welfare of the child will thereby be promoted. 25. The parties' minor child has resided at 4725 E. Trindle Road since her birth. 26, Plaintiff has not participated in any other litigation concerning the custody proceedings in a court of this or any other state, nor does she know of any person not a party to these proceedings who has had physical custody of the children or who claims to have custody or visitation rights. 27. Plaintiff desires that she be awarded Full Physical and Legal Custody of the minor child with Defendant to be provided with Supervised Visitation. . ~ '",- WHEREFORE, Plaintiff requests this Honorable Court: (A) Enter a decree of divorce; (B) Equitably distribute all property, both personal and real, owned by the parties; (C) Compel the Defendant to pay alimony pendente lite to Plaintiff; (D) Grant Plaintiff attorney's fees and costs; (E) Compel the Defendant to pay alimony to Plaintiff; (F) Grant Plaintiff Full Physical and Legal Custody of the minor child; (F) Grant such further relief as the Court may deem equitable and just. By: R~_ " 4--/' Emily n Hoftllrnn,Esqurre Sup. Ct. ID # 66307 105 North Front Street Harrisburg, PA 17108 (717)233-1112 DATEDS/ /;(lull " ~~ AFFIDAVIT Barbara C. Whary, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information and belief. f3?mJ.tV7/J C' ~ Barbara C. Whary Date: d -,3J-I- CO 1_~jjjjj_~1II~~~ij~'1I!!1ll'~_1I>'Ji!jl!llillWh'it'~MiH~"",~''--'l"\ijlii~:i!MI.IillliWJlI!iIi}OOIM~~~.tt'-<~-'~~-'I!IliWi"'"""----'.l';"'f''''''~~I1ld!ii!lIMttl!I '~~Illi ~~ RJ ,,' ~ ~ , 8 ~.~ ~ ~~ C3 \) C) 0 ~ "-.; a g (J ~ 0 ..0 ~ <> -om ::It :::l ~[T1 :c;.. ffi' :JJ !tv ::u I I z:fJ -c --h1 0 ..... ~ Cf).::.> -.J :i'J~ ~-t~ ~i5 0 fl " -< " ;;1;;0 :;;; ~~ J-~ 28 )>, ~ d~ 2 -< =< c.,) ~ or ~ -~ ,--,~. . -~ BARBARA C. WHARY, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. 00-1657 CIVIL TERM . : TIMarHY E. WHARY, : CIVIL ACTION - LAW Defendant . IN CUSTODY . ORDER OF COURT AND NCW, this upon consideratioon of the attached ordered and directed as follows: JJ" day of Custody /fl.~ Conc~ ~ahon , 2000, Report, it is 1. The Mother, Barbara C. Whary, and the Father, Timothy E. Whary, shall have shared legal custody of Kaicee J. Whary, born November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education, and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have custody of the Child on alternating weekends from Friday through Sunday, with the specific times for exchange to be arranged by agreement of the parties, and at any additional times arranged by agreement of the parties. Pending the outcome of the evaluation specified in paragraph 5 of this Order, the parties agree that the Father's periods of custody shall be supervised by either the Child's paternal grandmother or the mother. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 5. The Father shall undergo an evaluation by a professional selected by agreement of the parties and counsel for the purpose of obtaining independent recommendations concerning the necessity of supervision during the Father's periods of custody. The Mother shall cooperate in making herself and the Child available for participation in the evaluation, as deemed necessary by the evaluator. The parties agree to follow the recommendations of the evaluator with respect to the Father's periods of custody. The parties shall equally share all unreimbursed costs of the evaluation. 6. This Order is entered pursuant to an agreement of the parties at a custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. CC: Emily Long Hoffman, Esquire - Counsel for Mother Jeffrey B. Engle, Esquire - Counsel for Father ~~ -5 .~3-o0 RK.3 . r"..., . ~,I~I" ~""",!!3_ ,1!f:~~II'lI)_~~ nr:: -.,j __ FiLED-GFFV'E !' 'r. "-r"~ V "',-'," ,7' V,''fr)'f.ARY " -" :::-;,,J:\:L 00I-W( 23 {J,fl 8: IJI'I .. ('i ;:,,'i:.;; ',':-" -' _ -, r ~'c"''',",-i' "" ; I 'n; i[IIIY F'L~\i::~,iE~~J,~'i)/i:'_0:jJ,;i~ ' , lr)!1IlI~~""''''>IJ!Il;!!~~."., "_,..,.,.,.-ftfIfflIlIIII!IIlWI1~dIIl\!ii!ll!ll~~~~ r~ '. . BARBARA C. WHARY, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 00-1657 CIVIL TERM . . . TIMarHY E. WHARY, . CIVIL ACrrON - LAW . Defendant . IN CUSTODY . CUSTODY <X:tiCILIATICN SUI'lMARY REPCRr IN ACCORDANCE WITH CllMBERLAND CXXJNTY RULE OF CIVIL PROCEOORE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaicee J. Whary November 5, 1996 Mother 2. A Conciliation Conference was held on May 11, 2000, with the following individuals in attendance: The Mother, Barbara C. Whary, with his counsel, Emily Long Hoffman, Esquire, and the Father, Timothy E. Whary, with his counsel, Jeffrey B. Engle, Esquire. 3. The parties agree to entry of an Order in the form as attached. ~ 1ft, rlcoo Date . ~,.~ Dawn S. Sunday, Esquire Custody Conciliator .' BARBARA C. WHARY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1657 CIVIL TERM TIMOTHY E. WHARY, Defendant CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR EMERGENCY RELIEF DENIED ORDER OF COURT AND NOW, this 27th day of July, 2000, upon consideration of Defendant's Petition for Emergency Relief with respect to custody of the parties' child, Kaicee J. Whary (date of birth November 5, 1996), and following a hearing held on this date, the petition is denied, without prejudice to Defendant's right to raise the issues presented therein at the conciliation conference scheduled for August 23, 2000, on Defendant's Petition for Modification of Custody. By the Court, J Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 Attorney for Plaintiff C01;)1lC:..- rn~;~ 7/J/60 , J/T) Jeffrey B. Engle, Esquire 129 Market Street Millersburg, PA 17601 Attorney for Defendant srs T~^ - ,,' '^ ~-- - ~ -,'.- ,,J.1r! ':! >C ~ ... r)T'>,'fY c. ,...,~ y S::) Clii."(-,,... "-"I. c~.I~+: i'~,/" (fit ,IIIJ-\/ /.,QIj'r;/n"!l '.0..",..1'-1/ ,-, 1\,)l'L'C';'JA /io",ol lo"_~~ ""...,..".. ~-'m!"~,_~~,II$fi~M1I~~ __^ _~"~~ , ~- .- jllillllil!_ ~ ....""~-~, i: . BARBARA C. WHARY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 00 -1657 TIMOTHY E. WHARY. Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Jeffrey B. Engle, Attorney for Timothy E. Whary, Defendant/Petitioner in the above-captioned action, being duly sworn, according to law, deposes and says that he served a certified copy of the Order in said action on Barbara C. Whary, Defendant, by posting same on August 14, 2000, in the U.S. Mail, Certified, Return Receipt Requested. See Return Receipt Card, signed by Barbara C. Whary, attached hereto, marked Exhibit "A", and made a part hereof. .~--,,-,- , t/Petitioner SWORN TO AND SUBSCRIBED BEFORE ME THIS 2.\101- DAY OF AUGUST, 2000. NolmIaI SsaI M~==~ My Commission Expires Apr. 14, ~ SCHEDULE IIA" ~ SENDEF!: l! . Cl:ltnplete items 1 and/or 2 for additional services. tI) . Complete items 3, 4a, and 4b. II . Prim your name and address on the reverse of this form so that we can return this Jo,. carel to you. ~!Il . Attach this form 10 the front of the mail piece, or on the back jf space does not _ ~elmit. _'Wiite "Return Receipt Requested" on the mailpiece below the article number. 11 . The Return Receipt wlll show to whom the article was delivered and the date ..... dl\llivered. ~#: :s 3.- Article Addressed to: I MS. BARBARA C. WHARY ~ 1922 STORRS AVENUE ~ UTICA, NY 13501 u Cl RRR Cl <l 5, Received By: (Print Name) ~ 6, Signature: (Addressee 0' Agent) ~ r, !!!. PS Form 3811, December 1994 I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address Consult postmaster for fee. 4a. Article Number 7099 3220 0011 0119 4b. Service Type D Registered o Express Mail 0 Insured D Return Receipt for Merchandise D COD 7. ~te of Delivery '?f-( ~ 8. Addressee's Address (Only if requested and fee is paid) 102595,98-8-0229 Domestic Return Receipt 'l;,,' !i '~ .. Ul a 'ii " ~ ~ .E! '" c .;;; ~ ~ .e ~ g, '" c .. .c. 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