HomeMy WebLinkAbout00-04655
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
BRADLEY S. WHISTLER
VERSUS
KRISTINA M. WHISTLER
NO„ 4655 of 2000
DECREE IN
DIVORCE
AND NOW, I I _ , ?w3 IT IS ORDERED AND
DECREED THAT
AND
BRADLEY S. WHISTLER
KRISTINA M. WHISTLER
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
Spousal support, alimony pendente lite, alimony, equitable
distribution of marital property,
BY T
costs and expenses
ATTEST: J.
ROTHONOTARY
4 ,
BRADLEY S. WHISTLER
Plaintiff
V.
KRISTINA M. WHISTLER
Defendant
TO THE Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code
2. Date of the execution of the affidavit of consent required by Section 3301 (c) of the
Divorce Code:
By plaintiff: 4/19/03; By defendant: 4/18/03.
3. The following economic claims have been made and are reserved: spousal
support, alimony pendente lite, alimony under sections 3701(a) and 3702 of the
Divorce code, equitable distribution of marital property under section 3502(a) of
the Divorce Code, and counsel fees, costs and expenses under sections
3104(a)(1), 3323(b) and 3702 of the Divorce Code.
4. Date of execution of Waiver of Notice in Section 3301 (c) Divorce was filed with
the Prothonotary:
By plaintiff: 4/19/03; By defendant: 4/18/03.
Respectfully Submitted,
GREASON LAW OFFICE
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Date Lisa M. Greason, Esquire
P.O. Box 385
Carlisle, PA 17013
(717) 241-3030
ID #78269
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BRADLEY S. WHISTLER,
Petitioner
vs
KRISTINA M. WHISTLER,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.2000 -.yL U CIVIL TERM
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, including custody or visitation
of your children.
When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office 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.
Court Administrator - Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone (717) 240-6200
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You
must attend the scheduled conference or hearing.
James J. Kayer, Esquire
Attorney for Plaintiff
Liberty Loft
4 East Liberty Avenue
Carlisle, PA 17013
(717) 243-7922
BRADLEY S. WHISTLER,
Petitioner
vs
KRISTINA M. WHISTLER,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 - Y( ,,re CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 3301(c) and 3301(d) OF THE DIVORCE CODE
COMES NOW, Plaintiff Bradley S. Whistler, through her attorney, James J. Kayer, Esquire and
avers as follows:
COUNT I - DIVORCE
1. Plaintiff is Bradley S. Whistler, an adult individual, whose current address is: 9 Mark Circle,
Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is Kristina M. Whistler, an adult individual, whose address is: 25 E. Portland Street,
Mechanicsburg, Cumberland County, Pennsylvania, 17013.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 24, 1985, Carlisle, Pa.
5. There have been no prior actions of divorce filed in this matter.
6. Plaintiff or Defendant is not a member of the United States Armed Forces.
7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) and
Section 3301(d) of the Divorce Code.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to
request that the court require the parties to participate in counseling.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
Respectfully submitted,
J.
4
Carle, PA A 7013
(717) 243-7922
Date: June 29, 2000
VERIFICATION OF PLEADINGS
The foregoing document is based upon information which has been gathered by my counsel
and myself in the preparation of this action. The language of the document may, in part, be the
language of my counsel and not my own. I have read the statements made in this document and to
the extent that it is based upon information which I have given to my counsel, it is true and correct
to the best of my knowledge, information and belief. To the extent that the contents of the
statements are that of counsel, I have relied upon counsel in making this Verification. I understand
that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to
unsworn falsification to authorities.
Date: (9 o2C?0
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BRADLEY S. WHISTLER,
Petitioner
vs
KRISTINA M. WHISTLER,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 - 4655 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO Pa. RC.P.1920.4(a)(1)(ii)
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is
the attorney for Plaintiff, BRADLEY S. WHISTLER, and that he did serve a true and correct copy
of the Notice to Defend and Complaint in Divorce that was filed in the above matter, by U.S. Mail,
postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant,
KRISTINA M. WHISTLER, on June 30, 2000. The return receipt is attached hereto.
Sworn to and subscribed before me
's day of July 5, 00.
4oE?yPublic
N0IIIA L SEAL
DENISE PINAMONTI, Notary Public
Carlisle Borough, Cumberland CountY
M Commission Ex ires Nov. 20, 2000
BRADLEY S. WHISTLER
Plaintiff
V.
KRISTINA M. WHISTLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
IN DIVORCE
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
4. 1 verify that the statements made in this affidavit are true and correct. I
understand false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: q(IC(les Z??/ ,
BRAD 4Y S. WHISTLER
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BRADLEY S. WHISTLER : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
KRISTINA M. WHISTLER
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
5. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 29,
2000.
6. The marriage of plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
7. 1 consent to the entry of a final decree of divorce.
8. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904
relating to unsworn falsification to authorities.
Date: 14119163
S
S. WHISTLER
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1, 1 BRADLEY S. WHISTLER : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION -CUSTODY
KRISTINA M. WHISTLER
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 29,
2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of a final decree of divorce.
4. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904
relating to unsworn falsification to authorities.
Date: LI (1%103
M.
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BRADLEY S. WHISTLER
Plaintiff
V.
KRISTINA M. WHISTLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
IN DIVORCE
I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the
Court and that a- copy of the decree will be sent to me immediately after it is filed with
the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to
unsworn falsification to authorities.
Date: 4 1
E-----
KRISTINA M. WHISTLER
BRADLEY S. WHISTLER IN THE COURT OF COMMON PLEAS OF
CU_MBERLAND.COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
00 - 4655
VS. NO. CIVIL 19
KRISTINAM. WHISTLER IN DIVORCE
Defendant
DATE
STATUS SHEET
ACTIVITIES:
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BRADLEY S. WHISTLER,
Plaintiff
VS.
KRISTINA M. WHISTLER,
Defendant
TO: Lisa M. Greason
Andrew C. Sheely
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 - 4655 CIVIL
. IN DIVORCE
, Attorney for Plaintiff
, Attorney for Defendant
DATE: Monday, November 18, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE COUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
BRADLEY S. WHISTLER
Plaintiff
V.
KRISTINA M. WHISTLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
IN DIVORCE
PRE-TRIAL MEMORANDUM OF PLANTIFF IN SUPPORT OF HIS POSITION
AGAINST DEFENDANT RECEIVING ALIMONY
1. CURRENT ISSUES: All issues have been addressed and settled in this matter
except for alimony. Wife is requesting rehabilitative alimony until the time she
estimates she will complete school in the spring of 2005. Husband feels that wife is
not entitled to any alimony. This memorandum addresses husband's position that
wife be denied alimony.
2. BRIEF STATEMENT OF FACTS: The parties have been together since high
school. The positions they have obtained in life have been with the support of the
other party. Wife possesses an associate's degree in the childcare field. She
currently is working part time and is making approximately $13.00 per hour or
$200.00 weekly. Wife is also qualified to work as an assistant to an orthodontist.
She worked for Dr. Mark Minium in 1996 making approximately $480.00 per week.
Husband currently makes $675.00 per week. Wife's position is that if she is given
rehabilitative alimony until she completes school with a bachelor's degree, she will
be able to make significantly more money. Husband opposes rehabilitative alimony
for several reasons.
Wife has custody of the parties' two children. Husband enjoys periods of partial
custody. Husband is currently paying approximately $700.00 per month in child
support and $200.00 per month is spousal support. Following the bifurcation and
divorce, Husband did not discontinue spousal support, instead, his counsel
contacted Wife's counsel to agree that any continued payment of support shall be
deemed alimony until this issue is presented to the court thereby avoiding additional
legal fees for both parties.
3. STATEMENT OF LAW: 23 Pa.C.S.A. § 3701 et. al. provides for guidance to the
court in ordering alimony. In determining whether alimony is necessary and in
determining the nature, amount, duration and manner of payment of alimony, the
court shall consider those listed items at §3701. For brevity of the memorandum,
those items are not listed here.
4. APPLICATION OF LAW TO FACTS:
The divorce complaint was filed in June 2000. Wife has been receiving support
during this period. Wife sought to postpone the divorce for the entire statutory period
of two years in order to have the full benefit of support. Further, Wife would not
agree to a settlement until Husband filed for a bifurcation in order to speed the
process along. Wife has enjoyed over three years of support. If Wife wanted to go
back to school to increase her earning capacity, she should have done so shortly
after separation; in which case, she would be completed with her education at this
time.
Wife currently possesses employable skills in several different fields. While a
bachelor's degree may be desirable, she already has a higher level of education the
Husband. Wife obtained that education during their marriage. Wife has the relative
earning capacity as the Husband. Wife has student loans available to her if she
continues to pursue her education.
Wife is voluntarily working part-time. Husband and Wife agreed that Wife would
stop working to stay at home with their children until the youngest reached first
grade. The youngest is currently in second grade, yet wife continues to work part-
time. Since the separation, Wife has had the opportunity to go back to work for Dr.
Minium making more money that she is currently making. Wife chose not to pursue
that job. Wife is not the only one that has suffered a break in work history. During
the separation, Husband found himself unemployed for 18 months, during which time
he continued to pay support.
Neither Husband nor Wife has any disability to prevent each of them from
working full time. The Wife received the majority of the household items in the
divorce settlement. Wife received the marital home (rental). Husband has been
unable to support a home on his own since separation due to the amount of support
he currently pays. Neither party has any kind of retirement account. The children
are being adequately provided for.
5. CONCLUSION AND PROPOSED RESOLUTION: Husband is unable to determine
under which provisions Wife believes she is entitled to alimony. The only factor
known is that Husband makes more money than Wife. However, once the other
factors cited above are taken into consideration, it is Husband believe that Wife is not
entitled to alimony. Husband prays this Court to deny Wife's request for alimony and
to stop the current spousal support order.
Respectfully Submitted,
GREASON LAW OFFICE
L L4 03
Date Lisa M. Greason, s ire
Post Office Box 38
Carlisle, PA 17013
(717) 241-3030
ID #78269
I
SEC 31
BRADLEY S. WHISTLER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
KRISTINA M. WHISTLER
Defendant
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
IN DIVORCE
ORDER OF COURT
AND NOW, this day of 2001 upon consideration of the
attached Stipulation, this Court finds as fact, the following:
Plaintiff is Bradley S. Whistler, an adult individual who currently resides at 9 Mark
Circle, Carlisle, Cumberland County, Pennsylvania;
Defendant is Kristina M. Whistler, an adult individual who currently resides at 25
E. Portland Street, Mechanicsburg, Cumberland County, Pennsylvania;
A Complaint in Divorce was filed in this matter on June 29, 2000;
More than two years have passed since the filing of the Complaint in Divorce;
The marriage is irretrievably broken and grounds for divorce are not being
challenged;
It is in the parties' best interest to bifurcate the divorce process and begin
restructuring their lives;
The parties have not been able to agree as to a final property settlement and the
parties' economic issues shall be protected by the Court's retention of jurisdiction
thereon;
11 1
This Court has jurisdiction under the Divorce Code to make a decision on
bifurcation before a master's report has been filed or in instances where the master is
not involved.
IT IS SO ORDERED that the Parties Stipulation for Bifurcation is accepted by
EDWARD E. GUI
M. Greason, Attorney for Petitioner
ew Sheely, Attorney for Defendant
JUDGE
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BRADLEY S. WHISTLER
Plaintiff
V.
KRISTINA M. WHISTLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
IN DIVORCE
STIPULATION FOR BIFURCATION
AND NOW COMES the Plaintiff, Bradley S. Whistler, by and through his
attorney, Lisa M. Greason, Esquire and the Defendant, Kristina M. Whistler, by and
through her attorney, Andrew C. Sheely and the parties stipulate as follows:
WHEREAS, Plaintiff is Bradley S. Whistler, an adult individual who currently
resides at 9 Mark Circle, Carlisle, Cumberland County, Pennsylvania;
WHEREAS, Defendant is Kristina M. Whistler, an adult individual who currently
resides at 25 E. Portland Street, Mechanicsburg, Cumberland County, Pennsylvania;
WHEREAS, the parties were married May 24, 1985.
WHEREAS, a Complaint in Divorce was filed in this matter on June 29, 2000;
WHEREAS, more than two years have passed since the filing of the Complaint in
Divorce;
WHEREAS, the marriage is irretrievably broken and grounds for divorce are not
being challenged;
WHEREAS, the parties' believe it is in their best interest to bifurcate the divorce
process and begin restructuring their lives;
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BRADLEY S. WHISTLER : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
KRISTINA M. WHISTLER
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this / 9Oay of AO 2002, upon consideration of the
attached Petition for Bifurcation, it is hereby directed that hearing in this matter be set
before this Court on the j day of ?? 2002 in Courtroom
;oo RM.
Cumberland County Courthouse, Carlisle, Pennsylvania, 17013.
Lisa M. Greason, Attorney for Petitioner
rew Sheely, Attorney for Defendant
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BRADLEY S. WHISTLER : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
KRISTINA M. WHISTLER
Defendant : IN DIVORCE
PETITION FOR BIFURCATION
AND NOW COMES the Plaintiff, Bradley S. Whistler, by and through his
attorney, Lisa M. Greason, Esquire and respectfully represents:
1. Plaintiff is Bradley S. Whistler, an adult individual who currently resides at 9 Mark
Circle, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Kristina M. Whistler, an adult individual who currently resides at 25
E. Portland Street, Mechanicsburg, Cumberland County, Pennsylvania.
3. A Complaint in Divorce was filed in this matter on June 29, 2000.
4. More than two years have passed since the filing of the Complaint in Divorce.
5. The marriage is irretrievably broken and grounds for divorce are not being
challenged.
6. Petitioner believes, and therefore avers that it is in the parties' best interest to
bifurcate the divorce process and begin restructuring their lives.
7. The parties have not been able to agree as to a final property settlement and the
parties' economic issues are protected by the Court's retention of jurisdiction thereon.
8. The majority of marital property is in the control of the Respondent.
9. The Court has jurisdiction under the Divorce Code to make a decision on
bifurcation before a master's report has been filed or in instances where the master is
not involved. It is contemplated that a petition for a hearing before the Divorce Master
will be filed.
WHEREFORE, Petitioner requests this Honorable Court to find it is in the parties
best interest to bifurcate this divorce action, issue a Divorce Decree to Petitioner and to
retain jurisdiction in the property settlement matter.
Respectfully Submitted,
GREASON LAW OFFICE
L?
Date Lisa M. Gr aso squire
50 East High Street
Carlisle, PA 17013
(717) 241-3030
ID #78269
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsification to authorities.
Date RADLEY S. WHISTLER
BRADLEY S. WHISTLER
Plaintiff
V.
KRISTINA M. WHISTLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL
I, Lisa M. Greason, Esquire, being duly sworn according to law, deposes and
says that I mailed a copy of the Petition for Bifurcation filed in this matter by U.S. Mail,
postage paid, first class mail to the Defendant in care of her counsel, to Andrew Sheely,
Esquire at P.O. Box 95, Mechanicsburg, PA 17055, on the day of
November. 2002.
) 0)3 (D
Date
isa . Greaso , Es i
50 East High Street
Carlisle, PA 17013
(717) 241-3030
ID #78269
ANDREW C. SHEELY
ATTORNEY AT LAW
Telephone: (717) 697-7050 127 South Market Street Fax: (717) 697-7065
P.O. Box 95
Mechanicsburg, Pennsylvania 17055
August 21, 2003
Traci Jo Colyer, Office Manager
OFFICE OF DIVORCE MASTER
9 North Hanover Street
Carlisle, PA 17013
RE: Whistler v. Whistler
Dear Traci:
Enclosed please find the agreement which has been reviewed and signed.
If you have any questions regarding this matter, please call the office.
Ve truly
4 ANDREW C. SHEEL
ACS/bmk
c: Kristina M. Kimbark
BRADLEY S. WHISTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 00 - 4655 CIVIL
KRISTINA M. WHISTLER,
Defendant IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: Lisa M. Greason
Bradley S. Whistler
Counsel for Plaintiff
Plaintiff
Andrew C. Sheely
Kristina M. Whistler
Counsel for Defendant
Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 10th day of July 2003, at 9:30 a.m.,
with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of
settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice: E. Robert Elicker, II
June 18, 2003 Divorce Master
BRADLEY S. WHISTLER
V.
KRISTINA M. WHISTLER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00 - 4655
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Bradley S. Whistler
Lisa M. Greason
Kristina M. Whistler
Andrew C. Sheely
Plaintiff
Counsel for Plaintiff
Defendant
Counsel for Defendant
You are directed to appear for a hearing to take testimony on the outstanding
issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9
9th
North Hanover Street, Carlisle, Pennsylvania, on the
September , 2003 at 9:00
day of
a.m., at which place
and time you will be given the opportunity to present witnesses and exhibits in support
of your case.
Date of Ord?r/ffA3
Notice:
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PA 17013
TELEPHONE (717) 249-3166
4h
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, 11
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
July 15, 2003
Lisa M. Greason
Attorney at Law
P.O. Box 385
Carlisle, PA 17013
West Shore
697-0371 Ext. 6535
Andrew C. Sheely
Attorney at Law
P.O. Box 95
Mechanicsburg, PA 17055
RE: Bradley S. Whistler vs. Kristina M. Whistler
00 - 4655 Civil
In Divorce
Dear Ms. Greason and Mr. Sheely:
Enclosed is a draft of the agreement which you put on
the record on July 10, 2003. Please review the draft for any
corrections with the understanding that no substantive changes
can be made.
After you have reviewed the draft, give us a call so we
can make appropriate corrections. We will send the corrected
original to the Plaintiff's attorney for signature who then can
transmit the original to the Defendant's attorney for
signature. When I receive a signed copy of the document, I
will then obtain a Court order vacating my appointment.
Thank you for your continuing cooperation in bringing
this matter to settlement.
Very truly yours,
E. Robert Elicker, II
Divorce Master
BRADLEY S. WHISTLER,
Plaintiff
Vs.
KRISTINA M. WHISTLER,
Defendant
THE MASTER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 - 4655 CIVIL
IN DIVORCE
Today is Thursday, July 10, 2003.
This is the date set for a conference between the parties and
counsel. Present in the hearing room are the Plaintiff,
Bradley S. Whistler, and his counsel Lisa M. Greason, and the
Defendant, Kristina M. Whistler, and her counsel Andrew C.
Sheely.
The parties were divorced pursuant to a
petition for bifurcation on May 19, 2003. The decree preserved
the economic claims pending before the Master; namely,
equitable distribution, alimony, and counsel fees and costs.
The Master has been advised that after
negotiations this morning, the parties have reached an
agreement with respect to the claim of equitable distribution.
Counsel are going to place an agreement on the record in the
presence of the parties. The agreement with respect to
equitable distribution will be considered the substantive
agreement of the parties not subject to any changes or
modifications except for correction of typographical errors
which may be made during the transcription. The agreement,
when it has been transcribed, will be sent to counsel for
review for typographical errors, counsel can make corrections
P
as required, and then ask their clients to sign the agreement
affirming the terms of settlement as stated on the record.
However, it is noted that even if the parties do not sign the
agreement, they will be bound by the terms as set forth on the
record when they leave the hearing room; the signing being
simply an affirmation of the settlement.
The claim for alimony and counsel fees, costs
and expenses is continued to be preserved and we will either
continue negotiations on that issue or we will schedule a
hearing for the purpose of taking testimony and allowing the
parties to present witnesses and evidence after which the
Master will make findings and recommendations. Mr. Sheely.
MR. SHEELY:
1. Husband and wife agree that all marital and nonmarital
assets, including the increase in value of nonmarital assets,
presently in the possession of husband shall remain the
husband's property.
2. Husband and wife agree that all marital and nonmarital
assets, including the increase in value of nonmarital property,
currently in the possession of wife shall remain the property
of wife with the exception of the following items:
Water bed;
All photograph equipment and negatives which were
obtained during the parties' marriage shall be returned to
husband, provided that wife shall have the right and
opportunity upon her request to duplicate such negatives;
The bunk beds currently used by the parties' children,
provided that husband shall provide similar style replacements
when those bunk beds are removed from the residence;
An antique dresser, provided that husband shall replace
the antique dresser with a similar style once that item is
removed from the residence;
Aquarium and stand;
Hoosier cabinet;
Sewing machine;
China cabinet and buffet;
Kitchen table and chairs;
Kitchen cabinet which is presently in wife's possession
in the attic;
Settee;
Husband's books;
Coffee table.
The distribution of the personal property as outlined
above shall occur within six months from the date of this
agreement. In the event that the distribution has not occurred
within such six-month period, the party maintaining such
property shall continue to maintain such forever. Wife shall
cooperate with husband in arranging a mutually convenient time
to arrange pickup of such items during such six month period.
3. Husband and wife shall meet at a convenient location to
transfer the title of the parties' 1994 Pontiac Grand Prix from
husband and wife to wife within the next thirty (30) days, the
cost of such title transfer shall be paid by wife.
4. Husband and wife acknowledge that certain firearms,
including a .22 caliber Ruger, a 12-gauge double-barrel
shotgun, and a 243 Remmington rifle, shall be maintained by the
husband and given to the children once they reach a
satisfactory age.
MS. GREASON: Mr. Whistler, you have heard what has
been presented, the agreement of the parties?
MR. WHISTLER: Yes, I have.
MS. GREASON: Do you knowingly and voluntarily
agree to the agreement that was placed on the record?
MR. WHISTLER: Yes, I do.
MS. GREASON: You understand the agreement that was
placed on the record?
MR. WHISTLER: Yes, I do.
MS. GREASON: And you are in agreement?
MR. WHISTLER: Yes, I am.
MR. SHEELY: Tina, you were present during all of
the discussions today; is that correct?
MS. WHISTLER: Correct.
MR. SHEELY: And you heard the proposed agreement
which will be transcribed and will be made part of the record
in this case?
MS. WHISTLER: Yes.
MR. SHEELY: Are you agreeable with the proposed
property distribution and the terms of that agreement as
recently outlined?
MS. WHISTLER: Yes, I am.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the methods
r
and procedures of enforcement which may be imposed by law and
in particular Section 3105 of the Domestic Relations Code.
WITNESS:
DATE:
Lisa M. Greason
Attorney for Plaintiff
Andrew C. Sheely
Attorney for Defendant
Bradley M. Whistler
stina M. Whistler
I
Item Description Current Value Comments
1 Freezer $50.00
2 Television $150.00
3 Aiwa Stereo $150.00
4 Sofa $100.00
5 Computer $100.00
6 Jelly Cupboard $1,500.00 Antique inherited from her Dad
7 Spinning Wheel $250.00 Antique inherited from her Dad
8 Declaration $250.00 Antique inherited from her Dad
9 Ben F. Glasses $100.00 Antique inherited from her Dad
10 Table & Chairs $600.00 Antique inherited from her Dad
11 Piano $1,200.00 Antique inherited from her Dad
12 Secretary Desk $300.00 Antique inherited from her Dad
13 Cradle $100.00 Antique inherited from her Dad
14 Secretary Desk $300.00 Antique gift from me
15 Telephone Desk $150.00 Antique gift from me
16 Shelves (boys toys) $25.00 Inherited from her Dad
17 Santa Chair $50.00
18 Butcher Block Table $45.00
19 Printers Drawer $40.00
20 Entertainment Center $25.00
21 Bedroom Dressers $150.00
22 Mirror $50.00 Gift from me
23 Desk $500.00 Antique from her Mom
24 Filing Cabinet $10.00
25 Holiday Decorations $100.00 .
26 Longeberger Baskets $3,000.00 42+ in the house
27
Item Description
1 Water Bed
2 Negatives
3 Bunk Beds
4 Antique dresser
5 Blue Chair
6 Aquarium & Stand
7 Washer/Dryer
8 Hoosier Cabinet
9 Sewing Machine
10 China Cabinet
11 Table & Chairs
12 Kitchen Cabinet
13 20 Longeberger
14 Settee
15
16
17
18
19
20
Current Value Comments
$200.00 Tina never liked the bed
Images of JC and Jordan
Mine from childhood
Mine from childhood
Selected for me
I built the stand
Antique loan from my parents
Antique loan from my parents
Antique loan from my parents
Antique loan from my parents
Antique loan from my parents
There are 40+ in her house
Gift from Tina
Item Description
1 Computer
2 Printer
3 Scanner
4 Mongoose
5 Mans Bike
6 Misc Tools
7 Pentax Camera
8 Canon Camera
9 Misc Photo's
10 Clothing
11 Geo Tracker
12 Misc Books
13 Slide Transfer
14 Firearms
15
16
17
18
19
20
Current Value Comments
$75.00
$0.00 No longer works
$0.00 No longer works
$50.00 Used for Jordan
$50.00
$125.00 Tina does not use tools
$600.00
$200.00 Needs Repairs
$200.00 Were used as samples
$300.00
$500.00 Traded for new vehicle
$125.00 Photo/Computer/Reading
$50.00 Gift from Tina
$2,000.00
BRADLEY M. WHISTLER,
Plaintiff,
vs.
KRISTINA M. WHISTLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 4655 of 2000 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
INVENTORY
OF
DEFENDANT, KRISTINA M. WHISTLER
Defendant files the following inventory of all property owned or possessed by either parry
at the time this action was commenced and all property transferred within the preceding three
years.
Defendant verifies that the statements made in this inventory are true and correct.
Defendant understands that false statements herein are made subject to the penalties of 18
Pa.C. S.A § 4904 relating to unsworn falsification to authorities.
Kr6dna M. Whistler
ASSETS OF THE PARTIES
Defendant marks on the list below those items applicable to the case at bar and itemizes the assets
on the following pages.
( ) 1. Real Property
I
( X ) 2. Motor Vehicles
( ) 3. Stocks, Bonds, Securities and Options
( ) 4. Certificates of Deposit
( X ) 5. Checking account cash
( X ) 6. Savings account, Money Market and Savings Certificates
( ) 7. Contents of Safe Deposit Boxes
( ) 8. Trusts
( ) 9. Life Insurance Policies
( ) 10. Annuities
(X) 11. Gifts
(X) 12. Inheritances
( ) 13. Patents, Copyrights, Inventions, Royalties
( X ) 14. Personal property outside the home
( ) 15. Business
1
( ) 16. Employment termination benefits, severance pay, worker's compensation claim/award
( ) 17. Profit Sharing Plans
( ) 18. Pension Plans
( X ) 19. Retirement Plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims
( ) 22. Military/VA Benefits
( ) 23. Education Benefits
( ) 24. Debts due, including loans, mortgages held
( X ) 25. Household furnishings and personalty
( X ) 26. Other
Itemization
2. Vehicles:
1994 Pontiac Gran Prix -Joint
1991 Geo Tracker
5. Checking Account, Susquehanna Valley Federal Credit Union -$1000
6. Savings Account Susquehanna Valley Federal Credit Union - $1600
11. Gifts: to Defendant
Telephone Desk
Antique 3/4 Bed
Camcorder
Engagement Ring ($2000)
Stereo
Pots and pans
Gifts: (Jointly held):
China Cupboard (unknown value)
buffet (unknown value)
Hoosier (unknown value)
sewing machine (unknown value)
kitchen table and 4 chairs (unknown value)
All antique: gift from his parents to H&W
Gifts: to children
Guns (from Wife's brother to be held until children of lawful age) (unknown value)
12. Inheritances to Defendant: (All unknown value)
antique eyeglasses
China Set:
Jelly Cupboard
cradle
secretary desk
dresser
Spinning wheel
Life insurance proceeds: 1991 ($8600)
14. Off site property: burial plots ($700)
17: 4011 plan (Plaintiff's): Unknown value
25 Household Property
Kitchen Table Purchased 2 years ago for $85;
Kitchenware $100
Washer and Dryer: 1988 $50
Household items
vacuum cleaner 1994 $100
TV, Sony 27" 1996 $75
Microwave 1994 $25
word processor $0.00
(2) VCR's $25
Waterbed 1990 $50
Mattress $100
Bedroom Suite $100 (purchased $700 1986)
Women's Mountain Bike: ($1501993)
Men's Mountain bike and alley cat (1998 $300)
Computer: $50 August 1999
Computer $150;
scanner and speakers and zip drive (unknown value)
Clothing Wife (unknown value)
Clothing Husband (unknown value)
Portable CD player (unknown value)
Office furniture and equipment (unknown value)
Tools (unknown value)
26 Photographic equipment and supplies
MARITAL PROPERTY
Defendant lists all marital property in which either or both spouses have a legal or equitable
interest individually or with any other person as of the date this action was commenced:
Item Description Names of
Number of Property All Owners
2 a 1994 Pontiac Gran Prix -Joint H&W
2 b 1991 Geo Tracker H
5 Checking Account cash ($1000) H&W
6 Savings account cash ($1600) H&W
4 ,
I la. China Cupboard H&W
b. buffet H&W
C. Hoosier H&W
d. sewing machine H&W
e. kitchen table and 4 chairs H&W
14 Burial Plots H&W
17 401k Plan H
25 Household items H&W
26 Photographic Equipment
and supplies H
44 Longaberger Baskets W
NON-MARITAL PROPERTY
Defendant lists all marital property in which either or both spouses have a legal or equitable
interest individually or with any other person as of the date this action was commenced.
Item
Number
11. Gifts to defendant:
a.
b.
C.
d.
e.
f.
9-
12. Inheritances to Defendant
a.
b.
C.
d.
e.
f.
9.
h.
Description Names of
of Property All Owners
Telephone Desk W
Antique 3/4 Bed W
Camcorder W
Engagement Ring ($2000) W
Stereo W
Pots and pans W
15 Longaberger Baskets W
antique eyeglasses W
China Set W
Jelly Cupboard W
cradle W
secretary desk W
dresser W
Spinning wheel W
Life insurance proceeds: W
1991($8600)
n
PROPERTY TRANSFERRED
Unknown Photographic Equipment
LIABILITIES
Item Description Names of Names of
Number of property All Creditors All Debtors
1. Credit card WTFCUlSV VISA H&W
$1,076.64
2. Credit card MBNA H&W
$3,410.56
3. Credit Card Providian H&W
$8,073.57
4. Credit Card People's Bank H&W
$4,484.44
5. Automobile loan Susquehanna Valley H&W
$811 Credit Union
6. Business Loan Susquehanna Valley H
Unknown Balance Credit union
7. Personal Loan Susquehanna Valley H&W
$4,211.99 Credit Union
8. Electric Service PP&L H&W
$350 Liability on budget billing
9. Auto fuel Sunoco H&W
$158.87
10 Student Loan Ecareers H&W
$3,442
Respectfully submitted,
Kane and Mackin, LLP
by:
Michael J. Kane
Registration No. 46215
3300 Trindle Road
Camp IM PA 17011-4432
(717) 214-3700
BRADLEY M. WHISTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 4655 of 2000 CIVIL TERM
KRISTINA M. WHISTLER, CIVIL ACTION - LAW
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael J. Kane, do hereby certify that, on the , day of .) B&%/2000
I placed a true and correct copy of Defendant's Inventory m the United States Mail, first class
postage prepaid, and addressed to:
James J. Kayer, Esq.
Kayer and Brown, P.C.
Liberty Loft
4 E. Liberty Avenue
Carlisle, PA 17013
Michael J. Kane
J
f
-
C13-, Cs
` ,?_t7
ZO
-c
BRADLEY S. WHISTLER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
KRISTINA M. WHISTLER NO. 2000-4655 CIVIL TERM
ORDER OF COURT
AND NOW, this 29TH day of APRIL, 2003, it appearing that Judge Hoffer's order
of November 13, 2002, appointed the Master to determine the claims of divorce, alimony,
and distribution of property, and it further appearing that no petition to vacate said order
and/or to bifurcate the proceedings, with respect to the divorce claim has been filed,
plaintiff's request for the entry of a divorce decree is denied without prejudice.
J.
Lisa M. Greason, Esquire
For the Plaintiff
Andrew C. Sheely, Esquire SO LO In ?/' 3 d' 03
For the Defendant L?l
:sld
"°?.SdeAYeCE?k?' -'" "uw?NC$X4fSCY&ffiS?N' 3:d3e?pF3L4Km€tY4'
FILED -OF=FICE
OF 'H'E .. _.. ,. ?, J^,TARY
03 APR 30 AM 9: n !
CllPdiBEN-.i;'dU ?'')UNN
PE"MN'SYLVAN A
BRADLEY S. WHISTLER : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
KRISTINA M. WHISTLER
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this day of ? u?2.?0 ?i/ 2002, upon consideration of the
attached Motion for Appointment of Master, E. Robert Elicker, Esquire is appointed
master with respect to the following claims: divorce, alimony, distribution of property.
By the Court:
M. Greason, Attorney for Petitioner
Sheely, Attorney for Defendant
AMAAn
J.
R s
11-13-Oa:
i'r ?
?jj
BRADLEY S. WHISTLER
Plaintiff
V.
KRISTINA M. WHISTLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
AND NOW COMES the Plaintiff, Bradley S. Whistler, by and through his
attorney, Lisa M. Greason, Esquire and moves this court to appoint a master with respect to the
following claims:
(X) Divorce
( ) Annulment
(X) Alimony
( ) Alimony Pendente Lite
( X ) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the claims for which the appoint of a master is requested.
2. The defendant has appeared in this action by her attorney, Andrew Sheely, Esquire.
3. The statutory grounds for divorce are § 3301(c) and § 3301(d) of the Divorce Code.
4. Delete the inapplicable paragraphs:
a. The action is contested with respect to the following claims: all of the claims
listed above.
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take 4 hours.
Respectfully Submitted,
GREASON LAW OFFICE
111111D2-
Date
Lisa M. Grea on, quire
50 East High Street
Carlisle, PA 17013
(717) 241-3030
ID #78269
VERIFICATION
I verify that the statements made in the foregoing Motion are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsification to authorities.
Date RADLE S. WHISTLER
ti
IT
BRADLEY S. WHISTLER
Plaintiff
V.
KRISTINA M. WHISTLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL
I, Lisa M. Greason, Esquire, being duly sworn according to law, deposes and
says that I mailed a copy of the Petition for Bifurcation filed in this matter by U.S. Mail,
postage paid, first class mail to the Defendant in care of her counsel, to Andrew Sheely,
Esquire at P.O. Box 95, Mechanicsburg, PA 17055, on the ? day of
November. 2002.
Date vLisa Greason, Es ire
50 East High Street
Carlisle, PA 17013
(717) 241-3030
ID #78269
i
,??.F
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
BRADLEY S. WHISTLER
No. 4655 of 2000
Husband, Plaintiff
VERSUS
KRISTINA M, WHISTLER
Wife, Defendant
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
Spousal support, alimony pendente lite, alimony (§3701(a) and 3702),
enuitahle distrihlltinn of marital property &(y502(a)), and counsel faPC
costs and expenses (§3104(a)(1), 3323(b) and 3702) of the Divorce.
Code.
BY THE COURT:
ATTEST: J.
BRADLEY S. WHISTLER
KRISTINA M. WHISTLER
IT IS ORDERED AND
PROTHONOTARY
IN THE COURT OF COMMON PLEAS
BRADLEY S. WHISTLER
Husband Plaintiff
VERSUS
KRISTINA M. WHISTLER
Wife, Defendant
No. 4655 of 2000
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
AND
BRADLEY S. WHISTLER
, IT IS ORDERED AND
KRISTINA M. WHISTLER
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
Spousal support, alimony pendente lite, alimony (§3701(a) and 3702),
of marital property (§3502(a)), and eeunsel fees,
equ
costs and expenses (§3104(a)(1), 3323(b) and 3702) of the Divorce
BY THE COURT:
ATTEST:
J.
PROTHONOTARY
DIVORCE INFORMATION SHEET
PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT
REQUIRED BY THE STATE EFFECTIVE JANUARY 1, 2002, THE
PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF
THE VITAL STATISTICS FORM
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETORN
TO THE PROTHONOTARY'S OFFICE,
DOCKET NUMBER:
DATE OF MARRIAGE
no - q6 S5
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H105.IUAEV.SB7
COMMONWEALTHO PENNSYLVANIA
DEPARIMENTOFNEA
VITALRECORDS
RECORD OF S7 ATE FILE NUMBER
DIVORCE OR ANNULMENT STATE FILE DATE
? (CHECK ONE) ?
HUSBAND
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ORRIS I I m WHITE BLACK n OTHER (S7ecib)
MARRIAGE I -fL-) cn I'u- -
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8. MAIDEN NAME (First) (Mime) (LasU 9. DATE (Month) (Day) (Year)
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12. NUMBER 3. RACE 74. USUAL OCCUPA
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17A. NUMBEROF 75. NUMBEROFDEPENOENT 18. PLAINTIFF 9. DECREE GRANTED TO
CHILDREN THIS CHILDREN UNDER 18, HUSBAND WIFE OTHER (Specify)
l HUSBAND W
FE OTHER (Specify)
MARRIAGE Z -L Di I
20. NUMBER OF HUSBAND WIFE SPLITCUSTODY OTHER(Specily) 21. LEGAL GROUNDS FOR
CHILDRENTO F-1
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?
DIVORCE OR(1NNULMENT
CUSTODY OF 330) ?
22. DATE OF DECREE (Month) (Day) (Yesd 23. DATE REPORT S ENT tMmM) fl e l IVna
TO VITAL RECORDS
24. SIGNATURE OF
TRANSCRIBING CLERK
BRADLEY S. WHISTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 00 - 4655 CIVIL
KRISTINA M. WHISTLER,
Defendant IN DIVORCE
TO: Lisa M. Greason , Attorney for Plaintiff
Andrew C. Sheely , Attorney for Defendant
DATE: Monday, November 18, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR I DISCOVERY IS NOT COMPLETE:
(a) Outline what in rmation is required that is not
complete in ord to prepare the case for trial
and indicate wh t er there are any outstanding
interrogatorie o discovery motions.
(b) Provide approxim t date when discovery will be
complete and indi ate what action is being taken
to complete disco ry.
)21102
DATE L?JN EL FOR NT F (?C)
COUNSEL FOR D E T ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
0-u. A tvbeF --) c y
SE Joni
BRADLEY M. WHISTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 4655 of 2000 CIVIL TERM
KRISTINA M. WHISTLER, CIVIL ACTION -LAW
Defendant
:IN DIVORCE
ORDER
AND NOW, this a day of J+ , 2001, upon
consideration of the Defendant's Petition for Interim Attorney's Fees, it is hereby ordered that:
(1) A rule is issued upon the Plaintiff to show cause why the Defendant is not entitled to
the relief requested;
(2) Plaintiff shall file an answer to the motion within 1 C days of service upon
the Defendant;
(3) The Motion shall be decided under Pa.R.C.P. 206.7;
(4) argument shall be held on iOd A& 2001 in Courtroom S of
20. 7• ?? A. /?'?
the Cumberland County Court of Common Pleas; and
(5) notice of entry of this order shall be provided to all parties by the Defendant
BY TIWtOURT)
cc: Michael I. Kane, Esq.
Bradley M. Whistler, pro se C724e? /jr-a?
r 1%
A IOTARY
0! SEP 1 8 PH 2. 45,
V(JMBG:t LA; 1L COUNrTY
PENNSYLVANIA
BRADLEY M. WHISTLER,
Plaintiff,
vs.
KRISTINA M. WHISTLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4655 of 2000 CIVIL. TERM
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR INTERIM ATTORNEY'S FEES
AND NOW, Defendant Kristina M. Whistler and her counsel, Michael J. Kane, petition
this Honorable Court for an order directing Plaintiff to pay Defendant's counsel fees, and in
support thereof, state:
Counsel was engaged by Defendant in May, 2000 upon Plaintiff's leaving Defendant and
the parties' two children (ages 4 and 7) to begin a relationship with another woman.
2. Counsel for Defendant is leaving the private practice of law in the near future and will
seek leave to withdraw from further representation.
Counsel has arranged for another attorney to be available to be retained by Defendant to
complete the matter.
4. Defendant had, at the time of her engaging counsel and today, limited income from her
employment as a day care worker and presently works part time.
5. Defendant answered Plaintiff's complaint for divorce to include a counter-claim for
attorney's fees.
6. Plaintiff's income greatly exceeds that of Defendant's.
By order of this court as a result of the findings of the Domestic Relations Office in
conjunction with a petition for spousal and child support for the parties two children, the parties
proportionate liability for support was established at 72% for Plaintiff, and 28% for defendant.
8. Since agreeing to represent Defendant, Counsel has expended 23.9 hours in representing
Defendant in answering the complaint, attending a support determination meeting at the Domestic
Relations Office, responding to a complaint for custody and a second complaint to modify
custody filed by plaintiff, attendance at two child custody conciliation sessions, preparation and
filing of an inventory of marital assets and liabilities, as well as miscellaneous meetings and
telephone discussion with Defendant and Plaintiff s counsel. (See attached Exhibit of hours)
9. Counsel for Defendant has continued to represent Defendant without payment of any fees,
as Defendant has not had the resources to pay counsel since the beginning of the representation.
WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3104(a)(1),
3323(b) and 3702 of the Divorce Code, the Court enter an Order directing Plaintiff to pay
Defendant's reasonable counsel fees, costs and expenses.
Respectfully submitted,
Michael J. Kane eg. No. 46215
3300 Trindle Rd.
Camp Hill, PA 17011
(717) 214-3700
Attorney for Defendant
Verification
I, Michael J. Kane, hereby verify that the information contained in the foregoing is true and
correct to the best of my personal knowledge, information and belief. I further understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn
falsification to authorities
Date: C?- 7-0 i
Michael J. Kane
Whistler, Kristine M.
25 E. Portland St.
Mechanicsburg, PA 17055
691-0272
5-12: Initial interview: advised her of process and options; has not filed yet 1.4
5-23: T/C client: re Husband has moved out; .4
6-2: T/c client: re support and custody. .2
6-4: prepared support complaint; .4
6-7: T/M to client to call N/C
6-7: Spoke to client re opening new bank account 1
6-22: T/C Client: 1
6-23: Meeting with client: H has filed divorce complaint .3
7-5: Meet with client; review complaint .2
7-6: T/C Client: re visitation by H with children;
T/c H's Attorney: .3
7-12: T/C client re H putting pay in another account .1
7-13: t/c to client: .1
7-14: T/C from Client .1
7-24: Prepared answer and counterclaims to complaint .6
7-24: T/C to client: .1
7-25: Answer filed and served .3
7-26: T/C client re assaulted
8-2: letter from Attorney re custody and visitation: T/C to discuss with client; .4
8-7: work on draft response to H attorney letter re custody and visitation .2
8-8: T/M to client to call N/c
8-11: T/c client to discuss proposal from H
.5
8-14: Letter to H Attorney re custody and visitation settlement .2
8-22: VC client re: visitation issues .3
8-30: T/C client re visitation issues .3
9-6: Attended hearing on Child/Spousal support;
meEt with client to explain and discuss joint debt issues 2.0
9-22: Met with client to go over financial information
Letter to H Attorney draft
1.2
1.0
9-27: Letter to H attorney and spreadsheet completed and sent 1.1
10-30: VC from client re status and custody issues 1
10-31: TIC to H Attorney re letter and unpaid bills 1
11/13: T/C from client re insurance refund 1
11/16:t/c client re Christmas schedule .3
11/17: T/M to H Attorney N/c
11/17: Meet with client to prepare inventory: 1.3
11/17: T/C to H attorney 1
11/20: VC from client re: H has cancelled car insurance; t/m to H attorney 1
T/C to H attorney re bills 1
11/22: 6:15 p.m.: T/C from Client: H is house, argument over visitation; PD called 1
11/22: 7:00 p.m.: called client; PD came
11/30: work on inventory 1.0
12/1: continue work on inventory 1.2
12/5: T/C Client .1
12/7: Letter from H Attorney; draft and faxed response .4
12/14: Meet with client to verify inventory; changes made .2
12/14: Inventory mailed to H attorney
12/18: T/C client re inventory: • I
12/19: T/C Client: re H intending to violate Custody agreement re Christmas Eve
Letter to Kayer faxed and mailed .2
12/21: Inventory filed with court
12/26: served with complaint for custody; advised client; . I
2001
1/ 3/01: Conciliation notice: Hubert Gilroy, 4th floor CCCH 2-8-01 at 9:30
1/5: VC client re his taking kids to Pittsburgh in snow; .2
1/8: Worked on motion for special relief, called client; need updated information on what is
owed and what he has paid; .5
1/9: Conciliation rescheduled to 2-16 at 8:30; client notified (message left) n/c
1/12: Met with client to go over Motion for Special relief and get updated information 1.0
1/17: Conciliation rescheduled to 2-22 at 10:30; letter sent to client. .1
1/25: T/m Client: re visitation change; letter to H Attorney .2
2/6: T/C Client: discuss custody .3
2/7: t/c client:
2/8: t/c bankruptcy atty to discuss client's case; agrees to see her
t/c client to advise to make appt .2
2/20: Letter from Gilroy: need to reschedule conciliation; called him: message left;
called client: message left N/c
2/26: To Carlisle; Conciliation held: agreement reached 1.5
3/1: Received final order for custody; copy to client .1
3/5: T/C client: .2
5/18: New custody petition filed by H received by Fax; reviewed .2
5/21: T/C to client to advise and discuss;
5/25: letter to client: conciliation conference set 6-22 at 9:30: CCCH
6/22: conciliation conference; order modified
6/25: t/c from client re: clarification regarding agreement
7/5: Copy of new order received; copy to client
7/17: T/C client: re: medical bills H refused to pay.
2
1.2
.2
N/c
.3
9/9/01: Total to date: 23.9
CERTIFICATE OF SERVICE
I, Michael J. Kane, do hereby certify that, on the 7'h day of September, 20011 placed a
true and correct copy of Defendant's Petition for Interim Attorney's Fees in the United States
Mail, first class postage prepaid, and addressed to:
Bradly M. Whistler
P.O. Box 292
New Kingston, PA 17072-0292
Michael J. Kane
C'1 ? O
m CFJ i'r"t J -??
z (?; ? rn
y? ca :?
BRADLEY M. WHISTLER,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs. :
NO. 4655 of 2000 CIVIL TERM
KRISTINA M. WHISTLER, CIVIL ACTION -LAW
Defendant
:IN DIVORCE
DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE
AND COUNTERCLAIMS
Defendant, Kristina M. Whistler, by her attorneys, KANE AND MACKIN, LLP and
Michael J. Kane, respectfully submits this Answer to Complaint in Divorce and Counterclaims as
follows:
1-6. Admitted.
7. Denied that the marriage is irretrievably broken.
8. Admitted.
COUNTI
REQUEST FOR SUPPORT OF CHILDREN UNDER
SECTIONS 3104(a)(3) adnd 3323(b) OF THE DIVORCE CODE
9. Plaintiff and Defendant are the parents of the following children
born of the Marriage:
Name: D.O.B.: Age: Residence
Jonathon Whistler 7-15-92 7 25 E. Portland St.
Mechanicsburg, PA 17055
Jordan Whistler 8-9-95 4 25 E. Portland St.
Mechanicsburg, PA 17055
10. Plaintiff has neglected the duty to support or sufficiently support the
aforementioned persons.
11. Defendant is not receiving public assistance
12. A previous support order was not entered against Plaintiff.
13. Defendant last received support (Spousal and child) from the Plaintiff in the
amount of $300 on July 23, 2000 and $500 on July 14, 2000.
WHEREFORE, Defendant requests that an order be entered against Plaintiff and in favor of the
Defendant and the aforementioned children for reasonable support.
COUNT II
REQUEST FOR SPOUSAL SUPPORT, ALIMONY
PENDENTE LITE AND ALIMONY UNDER SECTIONS
3701(a) AND 3702 OF THE DIVORCE CODE
14. Defendant is unable to sustain herself during the pendency of the divorce action
15. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable
to sustain herself through appropriate employment in accordance with the standard
of living established during the marriage.
WHEREFORE, Plaintiff respectfully requests that the Court enter an award of spousal support
and / or of alimony pendente lite until the termination of the litigation and, at the appropriate time,
enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce
Code.
COUNT III
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502(a) OF THE DIVORCE CODE
16. Plaintiff and Defendant have acquired marital property as defined by the Divorce
Code, which is subject to equitable distribution pursuant to Section 3502(x) of the
Divorce Code.
17. Plaintiff and Defendant have been unable to agree as to the equitable division of
said property as of the date of filing of this Answer and Counterclaim.
18. Defendant requests that this Court equitably divide, distribute or assign the marital
property between the parties.
WHEREFORE, Defendant respectfully requests that the Court enter an order of equitable
distribution of marital property pursuant to Section 3502(a) of the Divorce Code.
COUNT IV
REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES
UNDER SECTIONS 3104(a)(1) AND 3323(b)
AND 3702 OF THE DIVORCE CODE.
19. Defendant has engaged the law firm of Kane and Mackin, LLP and Michael J.
Kane to represent her in this action.
20. Defendant is unable to pay her counsel fees, costs and expenses, and Plaintiff is
more than able to pay them.
21. Reserving the right to apply to the Court for temporary counsel fees, costs and
expenses prior to final hearing, Defendant requests that, after final hearing, the
Court orders Plaintiff to pay Defendant's reasonable counsel fees, costs and
expenses.
WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3104(a)(1), 3323(b)
and 3702 of the Divorce Code, the Court enter an Order directing Plaintiff to pay Defendant's
reasonable counsel fees, costs and expenses.
Respectfully submitted,
Kane and Mackin, LLLP
by: `,k LaL aK \ q ow ---
Michael J. Kane
Registration No. 46215
3300 Trindle Road
Camp Hill, PA 17011-4432
(717) 214-3700
Attorney for Defendant
CERTIFICATE OF SERVICE
I, Michael J. Kane, do hereby certify that, on the 2 S day of T'?b 2000
I placed a true and correct copy of Defendant's Answer to Complaint for Divorce and
Counterclaims, in the United States Mail, first class postage prepaid, and addressed to:
James J. Kayer, Esquire
Attorney for Plaintiff
Liberty Loft
4 East Liberty Ave.
Carlisle, PA 17013
Michael J. Kane
BRADLEY S. WHISTER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KRISTINA M. WHISTLER
DEFENDANT 00-4655 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 29th day of December , 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on the 8th day of February, 2001 , at 9:30 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By. /s/ HubertK. ilro Es
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
'.yn""r t ide.,tisi _v??,'. gnarllG6FkbYtl3H3cZ35&A4"2?3-u1ti4?-kW.uelfMVwv?I:fuCY....?i3.#?9k1WilYFCb?8Y6ti^AXN?? ••..••?••?.?• ••`• -Y6R? ?tl96MP$1 -s:?
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Ec 2 0 2000
BRADLEY S. WHISTLER, : IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
vs NO. 2000 - 4655 CIVIL TERM
CIVIL ACTION -LAW
KRISTINA M. WHISTLER,
Respondent : IN DIVORCE
ORDER OF COURT
AND NOW, this day of December, 2000, upon consideration of the attached
Petition, it is hereby directed that the parties and their respective counsel appear before
Esquire, Custody Conciliator, at
on of , 2000, at o'clock .M., for a
Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the
issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard
by the court and to enter into a temporary order. All children age five or older may also be
present at the conference. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent order.
FOR THE COURT,
By:
Esquire
Custody Conciliator
cc: James J. Kayer, Esquire
Attorney for Plaintiff
Michael J. Kane, Esq.
Attorney for Defendant
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
Telephone (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
James J. Kayer, Esquire
Attorney for Plaintiff
4 East Liberty Avenue
Liberty Loft
Carlisle, PA 17013
(717) 243-7922
BRADLEY S. WHISTLER,
Petitioner
vs
KRISTINA M. WHISTLER,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 - 4655 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR CUSTODY
COMES NOW, Plaintiff, Bradley S. Whistler, by and through his attorney, James J.
Kayer, Esquire and who does hereby aver as follows:
1. Plaintiff is Bradley S. Whistler, and adult individual whose current mailing address is
c/o Gary Whistler, 9 Mark Circle, Carlisle, Cumberland County, Pennsylvania, 17013
2. Defendant is Kristina M. Whistler, an adult individual, whose current address, 25 E.
Portland Street, Mechanicsburg, County, Pennsylvania, 17055,
3. Plaintiff seeks custody of the following children:
Name
Present Residence
Age
Jonathan C. Whistler, 25 E. Portland Street, Mechanicsburg. PA, born July 15, 1992.
Jordan R. Whistler, 25 E. Portland Street, Mechanicsburg, PA, born August 9, 1995.
The children were born in wedlock.
The children are presently residing with the mother, Kristina M. Whistler.
During the past five years, the children have resided with the following person(s) at the below
address(es):
May 20, 2000 until present the children have resided with the mother at 25 E. Portland Street,
Mechanicsburg.
Birth until May 20, 2000; the children have resided with the mother and father at 25 E. Portland
Street, Mechanicsburg.
4. The mother of the children is Christina M. Whistler and resides at 25, E. Portland
Street, Mechanicsburg. She is married.
The father of the children is Bradley S. Whistler and resides at 9 Mark Circle, Carlisle, PA. He
is married.
5. The relationship of Plaintiff to the children is that of father. The Plaintiff currently
resides with the following person(s):
Name
Relationship
Gary and Lucinda Whistler Parents
7. The relationship of the defendant to the children is that of mother. The Defendant
currently resides with children and the following person(s):
Name Relationship
None
8. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court. Plaintiff has no
information of a custody proceeding concerning the children pending in a court of this
Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect to the
children.
9. The Plaintiff believes that establishing a specific schedule for custody would be of the
greatest benefit to the children because it has become increasingly difficult since the parties
separation to reach agreement regarding periods of custody particularly during the holidays.
h
10. Each parent whose parental rights to the children has not been terminated and the
person who has physical custody of the children have been named as parties to this action. All
other persons, names below, who are known to have or claim a right to custody or visitation of
the children will be given notice of the pendency of this action and the right to intervene:
Name Address Basis of Claim
None
WHEREFORE, Plaintiff requests the court to grant custody of the children to Plaintiff.
Respectfully submitted,
Superior Ct.I.D.50838
Sent By: Kayer'and Brown;
2430946;
T-
Dec-8-00
VERIFICATION OF PLEADINGS
2:35PM; Page 7/7
The foregoing document is bared upon information -Minch has been gathered by my counsel
and myself in the preparation, of this action. The language of the document may, in part, be the
language of my counsel and not my own. I havc read. the statements ntadc in this document attd to
the extent that it is ba„cd upon information which I have given to my counsel, it is true and correct
w the best of my knnwledgc, information and belief- To the Went that the contents of the!
statements are that of,:ounsel, I have relied upon counsel in mnkin" this Vcrification. I cutderstand
that false statentcuts 1 ereitt are made subject to the penalties of IS 1:1A. CS. § 4904, relating to
unsworn falsification to authorities.
Date:
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing PETITION FOR CUSTODY was
served on the following persons by First-class mail, postage prepaid, by forwarding a true and
correct copy unto:
Michael J. Kane
3300 Trindle Road
Camp Hill 17011
Date ? ?-1010D
A
FEB 2 8 20016)
BRADLEY S. WHISTLER,
Plaintiff
v
KRISTINA M. WHISTLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.2000-4655 CIVIL
IN CUSTODY
AND NOW, this _ 1, day of 2001, upon consideration of the attached
Custody Conciliation Report, it is ordered and dire •ted as follows:
1. The Father, Bradley S. Whistler, and the Mother, Kristina M. Whistler, shall enjoy
shared legal custody of Jonathan C. Whistler, born July 15, 1992; and Jordan R.
Whistler, born August 9, 1995.
2. The Mother shall enjoy primary physical custody of the minor children.
3. The Father shall enjoy periods of temporary physical custody of the minor children
as follows:
A. On alternating weekends from approximately 6:00 p.m. on Friday
through 7:30 p.m. on Sunday.
B. On weekdays, every Wednesday from approximately 6:00 p.m. until
8:30 p.m. and on alternating Thursdays from approximately 6:00
p.m. until 8:30 p.m. When the Father returns the children home on a
weekday evening, he shall ensure that the children are ready for bed
with appropriate bed clothes on and their teeth brushed.
C. At such other times as the parties may agree.
4. Both parties shall enjoy two weeks of summer vacation with the minor children.
The parties shall notify the other parent as soon as possible when they make plans
for summer vacation, with a minimum of thirty (30) day notice required.
5. The parties shall alternate the following holidays: New Year's Day, Easter,
Memorial Day, July 4a', Labor Day and Thanksgiving. The Father shall have
custody on Easter, July 4s' and Thanksgiving in odd numbered years with the
Mother having custody of the children on New Year's Day, Memorial Day and
Labor Day in odd years. The parties shall alternate this arrangement in even years.
i
1 1.
?,„^iVi 4L
ti
6. The Christmas holiday shall be split into two segments: the first segment shall be
from Christmas Eve at 2:00 p.m. until Christmas Day at 2:00 p.m., with the second
segment being from Christmas Day at 2:00 p.m. until December 26th at 2:00 p.m.
Father shall enjoy the first segment in the year 2001 with the parties alternating
thereafter unless agreed otherwise by the parties.
The Mother shall always have custody of the minor children on Mother's Day and
the Father shall always have custody of the minor children on Father's Day. This
provision shall supercede the alternating weekend schedule.
For exchange of custody, the Father shall pick the children up at Mother's home
with the mother to have the children prepared and waiting for the Father at pick-up
time. For delivery, the Father shall drop the children off at the Mother's home
without any requirement for the Father to go to the Mother's doorway.
9. The parties may modify this custody order as they agree. Absent an agreement, the
terms of this custody order shall be followed.
10. This order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. In the event either parry desires to modify this agreement,
that parry may petition the court to have the case again scheduled for a Custody
Conciliation Conference.
cc: Michael Kane, Esquire
James J. Kayer, Esquire
t
eD n $, f?
BY THE COURT,
BRADLEY S. WHISTLER,
Plaintiff
v
KRISTINA M. WHISTLER,
Defendant
Prior Judge:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000 - 4655 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Jonathan C. Whistler, born July 15, 1992; and Jordan R. Whistler, born August 9, 1995.
2. A Conciliation Conference was held on February 26, 2001, with the following individuals in
attendance:
The Father, Bradley S. Whistler, with his counsel, James J. Kayer, Esquire; and the Mother,
Kristina M. Whistler, with her counsel, Michael J. Kane, Esquire.
3. The parties agree to the entry of an order in the form as attached.
ata.ce[ G( C 4
DATE Hubert X. G' •oy, Esquire
Custody Conciliator
BRADLEY S. WHISTLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KRISTINA M. WHISTLER
00-4655 CIVIL ACTION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, May 24, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 22, 2001 at 9:30 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilro" y, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
-„- v4T ..k 9c35i?w?'HiFAt?ehYNa"ah'-h3IL:lY:mb.?'AK4?sNt??F.GSCM+tiftA?IhWNdidl- 6$?? - ""d"1?Y - fly `
PEP:PJSYL,I ANNA
MAY 21 ?. oe
BRADLEY S. WHISTLER, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
vs NO. 2000 - 4655 CIVIL TERM
CIVIL ACTION -LAW
KRISTINA M. WHISTLER,
Respondent : IN DIVORCE
ORDER OF COURT
AND NOW, this day of
2001 upon
consideration of the attached Petition, it is hereby directed that the parties and their respective
counsel appear before Esquire, Custody Conciliator, at
on of
2001, at o'clock .M., for a Pre-Hearing Custody Conference. At such conference,
an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to
define and narrow the issues to be heard by the court and to enter into a temporary order. All
children age five or older may also be present at the conference. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By:
Esquire
Custody Conciliator
cc: James J. Kayer, Esquire
Attorney for Plaintiff
Michael J. Kane, Esq.
Attorney for Defendant
Cam'
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
Telephone (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
James J. Kayer, Esquire
Attorney for Plaintiff
4 East Liberty Avenue
Liberty Loft
Carlisle, PA 17013
(717) 243-7922
BRADLEY S. WHISTLER,
Petitioner
vs
KRISTINA M. WHISTLER,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 - 4655 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PETITION TO MODIFY CUSTODY
COMES NOW, Plaintiff, Bradley S. Whistler, by and through his attorney, James J.
Kayer, Esquire and who does hereby aver as follows:
1. Plaintiff is Bradley S. Whistler, and adult individual whose current mailing address is
9 Mark Circle, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is Kristina M. Whistler, an adult individual, whose current address, 25 E.
Portland Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. The parties have previously met before the Custody Conciliator and as a result of that
meeting were able to reach a Stipulated Agreement with regard to custody. This agreement was
memorialized and made an Order of Court dated February 28, 2001. That Order has been
attached hereto and is designated as Exhibit "A".
4. Based upon the Plaintiffs own observations as well as his conversations with the
parties' children, Jonathan C. Whistler, born July 15, 1992 and Jordan R. Whistler, born August
9, 1995, the Plaintiff is concerned that the status quo is not resulting in a custody solution that
promotes the best interest of the parties' children.
5. Pursuant to paragraph 10 of the February 28, 2001 Order, the Plaintiff is petitioning
the Court to have the case again scheduled for a Custody Conciliation Conference at the earliest
possible time.
WHEREFORE, the Plaintiff requests this Honorable Court to re-list this matter with the
Custody Conciliator, and if the parties are unable to reach an agreement after the conciliation
conference, to schedule this matter for a hearing on the merits.
Respectfully submitted,
J es j er, Esquire
me f Plaintiff
Lit?rty Avenue
lisle, PA 17013
Superior Ct. I.D. 50838
VERIFICATION OF PLEADINGS
The foregoing document is based upon information which has been gathered by my counsel
and myself in the preparation of this action. The language of the document may, in part, be the
language of my counsel and not my own. I have read the statements made in this document and to
the extent that it is based upon information which I have given to my counsel, it is true and correct
to the best of my knowledge, information and belief To the extent that the contents of the
statements are that of counsel, I have relied upon counsel in making this Verification. I understand
that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to
unsworn falsification to authorities.
Date: ? w O/
7
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing PETITION TO MODIFY CUSTODY
was served on the following persons by First-class mail, postage prepaid, by forwarding a true
and correct copy unto:
Michael J. Kane
3300 Trindle Road
Camp Hill 17011
Date ?' I?(JJ
Loft
7013
(7 IV) 243-
JUN 2 8 20012
BRADLEY S. WHISTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V CIVIL ACTION - LAW
KRISTINA M. WHISTLER, NO. 2000 - 4655 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this ZC61L day of June, 2001, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. This Court's prior Order of February 28, 2001 shall remain in effect subject
to the following modifications:
A. Neither parent shall disparage the other parent to the children and
both parents shall treat the other parent with appropriate respect in all
matters.
B. During the summer months, Fathers drop off or return of the children
to Mother's custody shall be at 9:00 p.m.
C. The parents shall communicate with each other relating to custody
issues in writing or directly verbally between the parties. The parents
shall not pass messages of communication through the children.
D. Father shall be entitled to receive all school records, including
information on projects and other similar matters, and this Order
authorizes any school district where the children are attending to
share appropriate information with the Father similar to that
information that they share with the Mother.
E. Each party shall have a right of first refusal with respect to providing
child care for the children in the event the other parent has custody of
the children and is unavailable to care for the children because of
work or other matters for at least five (5) hours during the day when
they have custody.
it
PEI ljNSY ` l.N!A
2. This order is entered pursuant to an agreement reached by the parties at a
Custody Conciliation Conference. In the event either party desires to modify
this order, that party may petition the court to have the case again scheduled
for a Custody Conciliation Conference.
BY THE
cc: James J. Kayer, Esquire
Michael J. Kane, Esquire
°:7 ?-J
Oler, J U
C
BRADLEY S. WHISTLER,
Plaintiff
v
KRISTINA M. WHISTLER,
Defendant
Prior Judge: J. Wesley Oler, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000-4655 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Jonathan C. Whistler, born July 15, 1992; and Jordan R. Whistler, born August 9,
1995.
2. A Conciliation Conference was held on June 22, 2001, with the following
individuals in attendance:
The Father, Bradley S. Whistler, with his counsel, James J. Kayer, Esquire; and the
Mother, Kristina M. Whistler, with her counsel, Michael J. Kane, Esquire.
3. The parties agree to the entry of an order in the form as attached.
4,s 0l a-':57
DATE Hubert X. Gilroy, Esry re
Custody Conciliator
O C T 1-2001
BRADLEY S. WHISTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
KRISTINA M WHISTLER,
Defendant
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER
At request of the plaintiff and need of time to retain new council the hearing scheduled
for October 26th 2001 09:00 isomo mi. SkAk 6. 4&,4 •1, w Q-
?? yv.?i?. v nt.. ?n Cvw' ?s?.P M-?L;?IP CrJr.-`-•?Q •?Y'?P
71ar?ma?v t, ll?,la?l h Ale rn?rl lii?ie ie U
Bradley S. Whistler
PO Box 292
New Kingstown, Pa 17072
717 / 608-8255
Michael J. Kane, Esq.
3902 Golfview Drive
Mechanicsburg, Pa 17055
717 / 728-0707
BY THE
Edward E. Guido
Cc: Michael J. Kane, Esq.
Bradley S. Whistler, pro se
T
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C?Pa?:??liL°;?1lVia??ilA
BRADLEY S. WHISTLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 00-4655 CIVIL ACTION LAW
KRISTINA M. WHISTLER
DEFENDANT
. IN CUSTODY
ORDER OF COURT
AND NOW, Friday, July 26, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 15, 2002 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gibyy &q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
•..•• ?"dtA?-rti'.J'?.3F'IFd,:Rkd£4trY2blH,W1F]sE?hbl'1 _e.? 3N?u":ra.'.> r...:??..?'r?.'p?iBSMt1?4tW3i6NY'3• •,•'•..•• •_.•_•,•- -w••?"`ae-;Nl9?E£Iffi - 'L^.
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BRADLEY S. WHISTLER, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO: 00-4655
CIVIL TERM
KRISTINA M. WHISTLER,
DEFENDANT. : IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2002, upon consideration
petition, it is hereby directed that the parties and their respective counsel appear before-
, the Custody Conference Officer, at
, on the day of 2002 at
_.M. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the
issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the
Court and to enter into a Temporary Order. All children age five or older shall also be present at the
Conference. Failure to appear at this Conference may provide grounds for entry of a temporary or
permanent Order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse
orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled
hearing.
FOR THE COURT,
Custody Conference Officer
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 Lawyer Referral Service
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Dauphin County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office. All arrangements must be made at least 72 hours
prior to any hearing or business before the court. You must attend the scheduling conference or
hearing.
of the attached
BRADLEY S. WHISTLER,
PLAINTIFF,
V.
KRISTINA M. WHISTLER,
DEFENDANT.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO: 00-4655
: CIVIL TERM
IN CUSTODY
AND NOW, comes the Plaintiff, Bradley S. Whistler, by and through his attorneys, Irwin,
McKnight and Hughes, Esquires, and files this Petition for Modification of Custody, making the
following statement:
1. The Plaintiff, Bradley S. Whistler, is an adult individual residing at 9 Mark Circle,
Carlisle, Pennsylvania, 17013.
2. The Defendant, Kristina M. Whistler, is an adult individual residing at 25 E. Portland
Street, Mechanicsburg, PA 17055.
3. The parties have previously met with the Custody Conciliator and a copy of the Order of
Court dated June 28, 2001, is attached as Exhibit "A."
4. Several problems have arisen with the current custody order, and the Plaintiff is desirous
of modifying the current Order.
WHEREFORE, pursuant to paragraph 2 of the Order of Court dated June 28, 2001, the Plaintiff
requests this Honorable Court to re-list this matter with the Custody Conciliator and modify the current
Court Order.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By: ? ?;;W.'rza
.F F
Rebecca R. Hughes, Esquire
Supreme Court I. D. No. 67212
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Plaintiff,
Bradley S. Whistler
Date: July ?2i 1 2002
BRADLEY S. WHISTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
IIRISTINA M. WHISTLER, NO. 2000-4655 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this z4I day of June, 2001, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. This Court's prior Order of February 28, 2001 shall remain in effect subject
to the following modifications:
A. Neither parent shall disparage the other parent to the children and
both parents shall treat the other parent with appropriate respect in all
matters.
B. During the summer months, Fathers drop off or return of the children
to Mother's custody shall be at 9:00 p.m.
C. The parents shall communicate with each other relating to custody
issues in writing or directly verbally between the parties. The parents
shall not pass messages of communication through the children.
D. Father shall be entitled to receive all school records, including
information on projects and other similar matters, and this Order
authorizes any school district where the children are attending to
share appropriate infonnation with the Father similar to that
infonnation that they share with the Mother.
E. Each party shall have a right of first refusal with respect to providing
child care for the children in the event the other parent has custody of
the children and is unavailable to care for the children because of
work or other matters for at least five (5) hours during the day when
they have custody.
2. This order is entered pursuant to an agreement reached by the parties at a
Custody Conciliation Conference. In the event either party desires to modify
this order, that party may petition the court to have the case again scheduled
for a Custody Conciliation Conference.
BY THE COURT,
Oler,
cc: James J. Kayer, Esquire
Michael J. Kane, Esquire
J.
TRUE COPY FROM RECORD
in Testimony whereof, I here unto set my hats
and t seal of said C rt at Carlisle, Pa.
Thi ....?Y.... day/ of... e.., ,j
P honotary
BRADLEY S. WHISTLER,
Plaintiff
v
KRISTINA M. WHISTLER,
Defendant
Prior Judge: J. Wesley Oler, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000-4655 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Jonathan C. Whistler, born July 15, 1992; and Jordan R. Whistler, born August 9,
1995.
2. A Conciliation Conference was held on June 22, 2001, with the following
individuals in attendance:
The Father, Bradley S. Whistler, with his counsel, James J. Kayer, Esquire; and the
Mother, Kristina M. Whistler, with her counsel, Michael J. Kane, Esquire.
1 The parties agree to the entry of an order in the form as attached.
4 , 5- 01 ?? V-
DATE Hubert X. Gilroy, Es ire
Custody Conciliator
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unworn falsification to authorities.
B DLEYS. WHISTLER
Date: / 92002
CERTIFICATE OF SERVICE
I the undersigned hereby certify that on this day of July, 2002, a copy of the Petition for
Modification of Custody was served by first-class, postage prepaid United States mail in Carlisle,
Pennsylvania upon the following:
Andrew C. Sheely, Esquire
127 South Market Street
P. O. Box 95
Mechanicsburg, PA 17055
IRWIN, McKNIGHT & HUGHES
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SEP % 0 2002
BRADLEY S. WHISTLER,
Plaintiff
v
KRISTINA M. WHISTLER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000 - 4655 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this 2, ? i I day of September, 2002, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed the prior custody orders entered in
this case are vacated and replaced with the following provisions:
1. The Father, Bradley S. Whistler, and the Mother, Kristina M. Whistler, shall
enjoy shared legal custody of Jonathan C. Whistler, born July 15, 1992; and
Jordan R. Whistler, born August 9, 1995.
2. The Mother shall enjoy primary physical custody of the minor children.
3. The Father shall enjoy periods of temporary physical custody of the minor
children as follows:
A. On alternating weekends from Friday afternoon when Father gets off
work and is able to give Mother reasonable notice but no later than
6:00 p.m. until Sunday evening at 7:30 p.m.
B. On weekdays, every Wednesday from when Father gets off work until
8:30 p.m. if Father picks the children after 5:00 p.m., but 8:00 p.m. if
the Father picks the children up before 5:00 p.m. Father shall also
have custody on alternating Thursdays for the same timeframe.
C. At such other times as the parties may agree.
4. Both parties shall enjoy two (2) weeks of summer vacation with the minor
children. The parties shall notify the other parent as soon as possible when
they make plans for summer vacation, with a minimum of thirty (30) day
notice required.
4--
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5. The parties shall alternate the following holidays: New Year's Day, Easter,
Memorial Day, July 4`h, Labor Day and Thanksgiving. The Father shall have
custody on Easter, July 4m and Thanksgiving in odd numbered years with the
Mother having custody of the children on New Year's Day, Memorial Day and
Labor Day in odd years. The parties shall alternate this arrangement in even
years.
6. The Christmas holiday shall be split into two segments: the first segment shall
be from Christmas Eve at 2:00 p.m. until Christmas Day at 2:00 p.m., with the
second segment being from Christmas Day at 2:00 p.m. until December 26`h at
2:00 p.m. Father shall enjoy the first segment in the year 2001 with the parties
alternating thereafter unless agreed otherwise by the parties.
7. The Mother shall always have custody of the minor children on Mother's Day
and the Father shall always have custody of the minor children on Father's
Day. Unless the parties agree to the contrary, the timeframe shall be from
Saturday at 6:00 p.m. until Sunday at 8:00 p.m. This provision shall supercede
the alternating weekend schedule.
8. For exchange of custody, the Father shall pick the children up at Mother's
home with the mother to have the children prepared and waiting for the Father
at pick-up time. For delivery, the Father shall drop the children off at the
Mother's home without any requirement for the Father to go to the Mother's
doorway.
9. Neither parent shall disparage the other parent to the children and both
parents shall treat the other parent with appropriate respect in all matters.
10. During the summer months, Fathers drop off or return of the children to
Mother's custody shall be at 9:00 p.m.
11. The parents shall communicate with each other relating to custody issues in
writing or directly verbally between the parties. The parents shall not pass
messages of communication through the children.
12. Father shall be entitled to receive all school records, including information on
projects and other similar matters, and this Order authorizes any school
district where the children are attending to share appropriate information
with the Father similar to that information that they share with the Mother.
13. Each party shall have a right of first refusal with respect to providing child
care for the children in the event the other parent has custody of the children
and is unavailable to care for the children because of work or other matters
for at least five (5) hours during the day when they have custody.
14. The parties may modify this custody order as they agree. Absent an
agreement, the terms of this custody order shall be followed.
15. This order is entered pursuant to an agreement reached by the parties at a
custody conciliation conference. In the event either party desires to modify
this agreement, that party may petition the court to have the case again
scheduled for a custody conciliation conference.
cc: Rebecca R. Hughes, Esquire
Andrew C. Sheely, Esquire
RY THE COURT.
BRADLEY S. WHISTLER,
Plaintiff
v
KRISTINA M. WHISTLER,
Defendant
Prior Judge: J. Wesley Oler, Jr.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2000 - 4655 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Jonathan C. Whistler, born July 15, 1992; and Jordan R. Whistler, born August 9,
1995.
2. A Conciliation Conference was held on September 13, 2002, with the following
individuals in attendance:
The Father, Bradley S. Whistler, with his counsel, Rebecca R. Hughes, Esquire; and
the Mother, Kristina M. Whistler, with her counsel, Andrew C. Sheeley, Esquire.
3. The parties agree to the entry of an order in the form as attached.
It 0 uaC'v ?'t- ?0 L'?
DATE Hubert X. Gilroy, Esquir
Custody Conciliator
OCT 1 °
BRADLEY S. WHISTLER,
Plaintiff,
Vs.
KRISTINA M WHISTLER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4653 OF 2000 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER
At request of the plaintiff and need of time to retain new council the hearing scheduled
for October 26th 2001 09:00 ie•?e 1.5 6 A&L•i St 4AuA&4 . w Q-
Bradley S. Whistler
PO Box 292
New Kingstown, Pa 17072
717 / 608-8255
Michael J. Kane, Esq.
3902 Golfview Drive
Mechanicsburg, Pa 17055
717/ 728-0707
BY THE
Edward E. Guido
Cc: Michael J. Kane, Esq.
Bradley S. Whistler, pro se
C '3 ®l
P
To: Judge Guido - Cumberland County Court
Date: 9/28/01
Re: Docket # 20004655 civil Whistler vs. Whistler
Dear Judge Guido;
I am sending this request for an extension on court date due to the continued efforts
to find and retain new council. My previous council was James Kayer. As I am sure
you are aware Attorney Kayer has left his practice to pursue another career
Brad Whistler
PO Box 292
717/608-8255
New Kingstown, Pa 17072
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BRADLEY S. WHISTLER, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO: 4655-2000
CIVIL TERM
KRISTINA M. WHISTLER,
DEFENDANT. : IN DIVORCE
ORDER OF COURT
AND NOW, this Zq day of October, 2001, it is hereby ordered that the hearing previously
scheduled for October 26, 2001, is hereby rescheduled for , 2001 at M.
in Court Room #5, Cumberland County Courthouse, Carlisle, Pennsylvania. The Defendant shall file an
Answer to the Motion within 0 days of this Order of Court.
By the Court
Edward E. Guido, J.
S
^7
a44
ED-01, -2E
0i OCT 22 AN 9: 32
GU BERUgND COUNTY
PENNSYLVANIA
BRADLEY S. WHISTLER, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO: 4655-2000
: CIVIL TERM
KRISTINA M. WHISTLER,
DEFENDANT. : IN DIVORCE
MOTION FOR CONTINUANCE
AND NOW, comes the Plaintiff, Bradley S. Whistler, by and through his attorneys, Irwin,
McKnight & Hughes, Esquires, and files this Motion for Continuance making the following statement:
1. On or about September 12, 2001, this Honorable Court signed a Rule to Show Cause
pursuant to a Petition by the Defendant for interim counsel fees.
2. Upon receipt of said Rule to Show Cause, the Plaintiff motioned this Honorable Court for
continuance of the hearing while he obtained new counsel.
3. The Plaintiff had been previously represented by James Kayer, Esquire, who recently left
private practice and withdrew his appearance in this matter.
4. This Honorable Court denied the Plaintiff's request for continuance with the
understanding that if a Motion for Continuance is made by October 19, 2001, by new counsel for the
Plaintiff, that this Court will entertain the request for continuance.
5. On or about October 9, 2001, the Plaintiff retained the law firm of Irwin, McKnight &
Hughes to represent his interests regarding this matter.
6. Pursuant to this Honorable Court's Order filed October 1, 2001, the Plaintiff, by and
through his attorneys, requests a continuance of the hearing currently scheduled for October 26, 2001, and
further requests an extension to file an answer to the Motion which was filed by the Defendant on
September 7, 2001.
WHEREFORE, the Plaintiff, Bradley S. Whistler, respectfully requests that he be granted a
continuance of the hearing currently scheduled for October 26, 2001, as well as an extension to file an
answer to the Petition for Interim Attorney's Fees.
Respectfully submitted,
IRWIN, McINIIGHT & HUGHES
By:
Rebecca R. Hughes, Esquire
60 West Pomfret Street
Carlisle, PA 17013
717-249-2353
Supreme Court I.D.: 67212
Attorney for the Plaintiff,
Bradley S. Whistler
Dated: /O 1°L 12001
BRADLEY S. WHISTLER, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO: 4655-2000
: CIVIL TERM
KRISTINA M. WHISTLER,
DEFENDANT. : IN DIVORCE
CERTIFICATE OF SERVICE
I the undersigned hereby certify that on this day of October, 2001, a copy of the
Motion for Continuance was served by first-class, postage prepaid United States mail in Carlisle,
Pennsylvania upon the following:
Michael J. Kane, Esquire
3300 Trindle Road
Camp Hill, PA 17011
IRWIN, MCKNIGHT & HUGHES
Rebecca R. Hughes, Esquire
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BRADLEY S. WHISTLER, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO: 4655-2000
CIVIL TERM
KRISTINA M. WHISTLER,
DEFENDANT. : IN DIVORCE
ANSWER TO PETITION FOR
INTERIM ATTORNEY'S FEES
AND NOW, comes the Plaintiff, Bradley M. Whistler, by and through his attorneys, Irwin,
McKnight & Hughes, and files this Answer to Defendant's Petition for Interim Attorney's Fees, malting
the following statement:
1.
2.
3.
4.
Paragraph One of Defendant's Petition is admitted in part and denied in part. It is admitted that
the plaintiff acquired a new residence upon the separation of the parties. It is denied that the
plaintiff did so to begin a new relationship with another woman. After reasonable investigation,
the plaintiff is without knowledge or information sufficient to form a belief as to the truth of
whether the defendant engaged counsel in May, 2000.
After reasonable investigation, the plaintiff is without knowledge or information sufficient to
form a belief as to the truth of the allegations of Paragraph Two.
After reasonable investigation, the plaintiff is without knowledge or information sufficient to
form a belief as to the truth of the allegations of Paragraph Three.
Paragraph Four of Defendant's Petition is admitted. By way of further answer, although the
defendant's income is limited, the plaintiffs income is also limited, and was further limited by
the Domestic Relations' Order of September 6, 2000 whereby the plaintiff was ordered to pay
One Thousand Fifty Two and 95/100 ($1052.95) Dollars per month to the defendant for support
of the defendant and the two minor children which are residing primarily with the defendant.
This Order of September 6, 2000 then caused the defendant's income to rise to $2,013.30 per
month, and decreased plaintiffs income to $1,434.72 per month. Attached as Exhibit "A" is a
copy of said Order of Court.
5. Paragraph Five of Defendant's Petition is admitted.
6. Paragraph Six of Defendant's Petition is specifically denied. By way of further answer, although
the defendant's income is limited, the plaintiffs income is also limited, and was further limited
by the Domestic Relations' Order of September 6, 2000 whereby the plaintiff was ordered to pay
One Thousand Fifty Two and 95/100 ($1052.95) Dollars per month to the defendant for support
of the defendant and the two minor children which are residing primarily with the defendant.
This Order of September 6, 2000 then caused the defendant's income to rise to $2,013.30 per
month, and decreased plaintiff s income to $1,434.72 per month.
7. Paragraph Seven of Defendant's Petition is admitted.
8. After reasonable investigation, the plaintiff is without knowledge or information sufficient to
form a belief as to the truth of the allegations of Paragraph Eight.
9. The allegations of Paragraph nine are denied. It is denied that the defendant has not had the
resources to pay counsel since the beginning of the representation. By way of further answer, the
defendant has been receiving $1,052.95 per month in support since September 6, 2000. The
plaintiff, after reasonable investigation, is without knowledge or information sufficient to form a
belief as to the truth of the remaining allegations of Paragraph Nine.
WHEREFORE, plaintiff respectfully requests that the defendant's request for interim counsel
fees, costs and expenses be denied.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
Rebecca R. Hughes, Esquire
60 West Pomfret Street
Carlisle, PA 17013
717-249-2353
Supreme Court I.D.: 67212
Attorney for the Plaintiff,
Bradley S. Whistler
Dated: //- 1 2001
BRADLEY S. WHISTLER, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO: 4655-2000
: CIVIL TERM
KRISTINA M. WHISTLER,
DEFENDANT. : IN DIVORCE
CERTIFICATE OF SERVICE
I the undersigned hereby certify that on this I day of November, 2001, a copy of the
Plaintiff's Answer to the Defendant's Petition for Interim Counsel Fees was served by first-class,
postage prepaid United States mail in Carlisle, Pennsylvania upon the following:
Michael J. Kane, Esquire
3300 Trindle Road
Camp Hill, PA 17011
IRWIIN, McK IIGHT & HUGHES
Rebecca R. Hughes, Es4uire(J
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in th
is document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unworn falsification to authorities.
B Y S. WHISTLER
Date: November 7, 2001
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Greason ePaw Office
Post Office Box 385 Carlisle, Pennsylvania 17013
Phone: (717) 241-3030 Fax: (717) 241-241-3040 • CMGreason@aoCcom
MEMORANDUM
TO: Judge Guido/Carl Connellan
FROM: Lisa M. Greason, Esquire
DATE: 5/13/03
RE: Whistler v. Whistler 4655 of 2000
Before I send another Praecipe, would you please review the enclosed. I thought
I had everything I needed for this case to be bifurcated and the divorce to be
issued. I have spoken with opposing counsel (Andrew Sheely, Esquire) and he
is as confused as I am. If something else is needed prior to filing this, please
advise. If necessary, Andy and I can come in for a conference to see what
additional items are needed. There is little guidance on the matter in the Rules of
Civil Procedure. If nothing further is needed, this is ready to be filed and sent for
the Judge's signature.
cc. Andrew Sheely, Esquire
Faxed on 5/14/03 to 697-66+9
?at,,s
BRADLEY S. WHISTLER
Plaintiff
V.
KRISTINA M. WHISTLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code!
2. Date of the execution of the affidavit of consent required by Section 3301 (c) of
Divorce Code:
By plaintiff: 4/19/03; By defendant: 4118103.
3. The following economic claims have been made and are reserved: spout
support, alimony pendente lite, alimony under sections 3701(a) and 3702 of t
Divorce code, equitable distribution of marital property under section 3502(a)
the Divorce Code, and counsel fees, costs and expenses under sectic
3104(a)(1), 3323(b) and 3702 of the Divorce Code.
4. 1 bifurcation order was given on January 7, 2003. A copy of the bifurcation
attached as Exhibit "A".
5. Date of execution of Waiver of Notice in Section 3301 (c) Divorce was filed
the Prothonotary:
By plaintiff: 4/19/03;
5 .?) 3
Date
By defendant: 4/18/03.
Respectfully Submitted,
GREASON LAW OFFICE
r
r
Lisa M. Greason,/Esquire
P. O, Box 385 4
Carlisle, PA 17013
(717) 241-3030
ID #78269
!]Ec 3120,
BRADLEY S. WHISTLER
Plaintiff
V.
KRISTINA M. WHISTLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4655 OF 2000 CIVIL TERM
CIVIL ACTION - CUSTODY
IN DIVORCE
ORDER OF COURT
AND NOW, this. day of 200; upon consideration of th
attached Stipulation, this Court finds as fact, the following:
Plaintiff is Bradley S. Whistler, an adult individual who currently resides at 9 Mai
Circle, Carlisle, Cumberland County, Pennsylvania;
Defendant is Kristina M. Whistler, an adult individual who currently resides at 2
E. Portland Street, Mechanicsburg, Cumberland County, Pennsylvania;
A Complaint in Divorce was filed in this matter on June 29, 2000;
More than two years have passed since the filing of the Complaint in Divorce;
The marriage is irretrievably broken and grounds for divorce are not beir
challenged;
It is in the parties' best interest to bifurcate the divorce process and beg
restructuring their lives;
The parties have not been able to agree as to a final property settlement and th
parties' economic issues shall be protected by the Court's retention of jurisdictic
thereon;
This Court has jurisdiction under the Divorce Code to make a decision on
bifurcation before a master's report has been filed or in instances where the master is
not involved.
IT IS SO ORDERED that the Parties Stipulation for Bifurcation is accepted by
ns
3194( .)ut_8823(b, a ??n? f the I?ivnrra (nrla
EWA
By the rt:
EDWARD E. GUIDO.. . JUDGE
Lisa M. Greason, Attorney for Petitioner
Andrew Sheely, Attorney for Defendant
DEC 312002
H105.191 REV.5?97 COMMONWEALTH OF PENNSYLVANIA
DEPPRRAE REALTH
VITAL RECORDS 5
RECORD OF STATE FlLE NUMBER
couWrv - DIVORCE OR ANNULMENT STATE FILE DATE
Cumberland Q (CHECKONE) ?
HUSBAND
BRADLEY
SCOTT
WHISTLE OF
BIRTH
October 12 1963
3. RESIDENCE StreetorR.D. Oily, Box or Top. County state 4. PLACE (State or FMIgn Country)
9 Mark Circle, Carlisle, Cumberland, PA
I
OP
Lewistown, PA
B
RTH
5. NUMBER e. RACE 7. USUAL OCCUPATION
OF THIS WHITE BLACK OTHER (Specify)
MARRIAGE 1 Disp atcher
WIFE
KRISTINA MARIE RXNAAAX=: BIRTH Dueember 03, 1965
10. RESIDENCE Street a R.D. C)ty, S" or Twp. County State PA 1. PLACE (State or Foreign Country)
25 E. Portland St, Mechanicsburg, Cumberla d RRTH Harrisbura. PA
12. NUMBER 3. RACE 14. USUAL OCCUPATION
OF THIS WHITE BLACK OTHER(SPOCRy)
MARRIAGE 1 Teacher
15. PLACE OF (Count') (State or Foreign Camay) 18. DATE OF (Month) (Day) (Year)
THIS
MARRIAGE
Cumberland, PA THIS
MARRIAGE May 24,
1985
17A. NUMBEROF 17B. NUMBER OF DEPENDENT 18. PLAINTIFF 9. DECREEGRANTEDTO
CHILDREN THIS CHILDREN UNDER 18. HUSBAND WIFE OTHER (Specify) HUSBAND WIFE OTHER (Specify)
MARRIAGE ? ? ? ?
20. NUMBER OF HUSBAND WIFE SPUTCUSTODV OTHER(Specify) 21. LEGAL GROUNDS FOR
CHILDREN
STODY ? ? x ? DIVORCE OR ANNULMENT 3301 (q)
o Dl VOr e
CU
OP .
22 DATE OF DECREE (Monts) (Day) (Year) 23. DATE REPORT S ENT
TO VITAL RECORDS
24. SIGNATUREOF
TRANSCRIBING CLERK
DIVORCE INFORMATION SHEET
DEC 312002
PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT
REQUIRED BY THE STATE EFFECTIVE JANUARY 1, 2002. THE
PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF
THE VITAL STATISTICS FORM
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN
TO THE PROTHONOTARY'S OFFICE.
DOCKET NUMBER
'"T ?n S5 "? Zb1?0
DATE OF MARRIAGE
RaLA a`<< (g ?5
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BRADLEY S. WHISTLER
Plaintiff
File No. 4655 of 2000
VS. IN DIVORCE
KRISTINA M. WHISTLER
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Defendant in the
above matter, having been granted a Final Decree in Divorce on the
19th day of May , 2003 , hereby elects to resume the
prior surname of KRISTINA M. KIMBARK , and gives
this written notice pursuant to the provisions of 54 P.S. S 704.
DATE•_ Z° l0
Signature
T
ASxgnkafture oame eing resumed
COMMONWEALTH OF PENNSYLVANIA:
. SS.
COUNTY OF CUMBERLAND
1
On the aq day of >?(?03 , before me, a
Notary Public, personally appeared the above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
In Witness Whereof, I have hereunto set my hand and official
seal.
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BRADLEY S. WHISTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 00 - 4655 CIVIL
KRISTINA M. WHISTLER,
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this day of
2003, the parties having previously been divorced by decree
entered May 19, 2003, and the parties and counsel having
entered into agreements and stipulations resolving the economic
issues on July 10, 2003, and September 9, 2003, the agreements
and stipulations having been transcribed and subsequently
signed by the parties and counsel, the appointment of the
Master is vacated.
BY THE COURT,
- 11NAA*'0-\
Ge g o f , P J.
Cc: Lisa M. Greason
Attorney for Plaintiff
&?a? y J d b 3
Andrew C. Sheely ffDf°'fd
Attorney for Defendant
114 QF
i
BRADLEY S. WHISTLER,
Plaintiff
Vs.
KRISTINA M. WHISTLER,
Defendant
THE MASTER
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
. NO. 00 - 4655 CIVIL
IN DIVORCE
Today is Thursday, July 10, 2003.
This is the date set for a conference between the parties and
counsel. Present in the hearing room are the Plaintiff,
Bradley S. Whistler, and his counsel Lisa M. Greason, and the
Defendant, Kristina M. Whistler, and her counsel Andrew C.
Sheely.
The parties were divorced pursuant to a
petition for bifurcation on May 19, 2003. The decree preserved
the economic claims pending before the Master; namely,
equitable distribution, alimony, and counsel fees and costs.
The Master has been advised that after
negotiations this morning, the parties have reached an
agreement with respect to the claim of equitable distribution.
Counsel are going to place an agreement on the record in the
presence of the parties. The agreement with respect to
equitable distribution will be considered the substantive
agreement of the parties not subject to any changes or
modifications except for correction of typographical errors
which may be made during the transcription. The agreement,
when it has been transcribed, will be sent to counsel for
review for typographical errors, counsel can make corrections
1
as required, and then ask their clients to sign the agreement
affirming the terms of settlement as stated on the record.
However, it is noted that even if the parties do not sign the
agreement, they will be bound by the terms as set forth on the
record when they leave the hearing room; the signing being
simply an affirmation of the settlement.
The claim for alimony and counsel fees, costs
and expenses is continued to be preserved and we will either
continue negotiations on that issue or we will schedule a
hearing for the purpose of taking testimony and allowing the
parties to present witnesses and evidence after which the
Master will make findings and recommendations. Mr. Sheely.
MR. SHEELY:
1. Husband and wife agree that all marital and nonmarital
assets, including the increase in value of nonmarital assets,
presently in the possession of husband shall remain the
husband's property.
2. Husband and wife agree that all marital and nonmarital
assets, including the increase in value of nonmarital property,
currently in the possession of wife shall remain the property
of wife with the exception of the following items:
Water bed;
All photograph equipment and negatives which were
obtained during the parties' marriage shall be returned to
husband, provided that wife shall have the right and
opportunity upon her request to duplicate such negatives;
The bunk beds currently used by the parties' children,
provided that husband shall provide similar style replacements
when those bunk beds are removed from the residence;
An antique dresser, provided that husband shall replace
the antique dresser with a similar style once that item is
I
removed from the residence;
Aquarium and stand;
Hoosier cabinet;
Sewing machine;
China cabinet and buffet;
Kitchen table and chairs;
Kitchen cabinet which is presently in wife's possession
in the attic;
Settee;
Husband's books;
Coffee table.
The distribution of the personal property as outlined
above shall occur within six months from the date of this
agreement. In the event that the distribution has not occurred
within such six-month period, the party maintaining such
property shall continue to maintain such forever. Wife shall
cooperate with husband in arranging a mutually convenient time
to arrange pickup of such items during such six month period.
3. Husband and wife shall meet at a convenient location to
transfer the title of the parties' 1994 Pontiac Grand Prix from
husband and wife to wife within the next thirty (30) days, the
cost of such title transfer shall be paid by wife.
4. Husband and wife acknowledge that certain firearms,
including a .22 caliber Ruger, a 12-gauge double-barrel
shotgun, and a 243 Remmington rifle, shall be maintained by the
husband and given to the children once they reach a
satisfactory age.
MS. GREASON: Mr. Whistler, you have heard what has
been presented, the agreement of the parties?
MR. WHISTLER: Yes, I have.
MS. GREASON: Do you knowingly and voluntarily
agree to the agreement that was placed on the record?
MR. WHISTLER: Yes, I do.
MS. GREASON: You understand the agreement that was
placed on the record?
MR. WHISTLER: Yes, I do.
MS. GREASON: And you are in agreement?
MR. WHISTLER: Yes, I am.
MR. SHEELY: Tina, you were present during all of
the discussions today; is that correct?
MS. WHISTLER: Correct.
MR. SHEELY: And you heard the proposed agreement
which will be transcribed and will be made part of the record
in this case?
MS. WHISTLER: Yes.
MR. SHEELY: Are you agreeable with the proposed
property distribution and the terms of that agreement as
recently outlined?
MS. WHISTLER: Yes, I am.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the methods
and procedures of enforcement which may be imposed by law and
in particular Section 3105 of the Domestic Relations Code.
WITNESS:
DATE:
L-,
9/?1d3
isa M. Greas n
Attorney for aintiff
Andrew C. ee
Attorney for endant
M. Whistler
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania OX Original Order/Notice
Co./City/Dist. of CUMBERLAND O Amended Order/Notice
Date of Order/Notice 11/05/04 O Terminate Order/Notice
Tribunal/Case Number (See Addendum for case summary)
RE: WHISTLER, BRADLEY S.
Employer/Withholder's Federal LIN Number Employee/Obligor's Name (Last, First, Ml)
SIGNTRONIX
1445 W SEPULVEDA BLVD
TORRANCE CA 90501-5004
J)/#, 6/7 moo
J/01 _?ev
,P,,PSFS 71910.?-el&g
192-58-0819
Employee/Obligor's Social Security Number
2742100588
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 616.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? (Dyes Q no
$ E. oo per month in medical support
$ o . o o per month for genetic test costs
$ per month in other (specify)
for a total of $ 616.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 142.15 per weekly pay period.
$ 284.31 per biweekly pay period (every two weeks).
$ 308. oo per semimonthly pay period (twice a month).
$ 616. o0 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Cas S ECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
aR `r D BY THE C
Date of Order: NOV O 2004 Am.
t atb
Form EN-028
Service Type M OMB No.: 0970-0154 Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If hheckel you are required to provide a Gopy of this form to yourzoloyee. If yorr employee v?orks in a state tha is
di erent rom the state that issued this order, a copy must be prove a to your emp oyee even if t e box is not chec ed.
1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned
businesses located on a reservation that choose to withhold in accordance with this notice.
2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
4.*
You must comply with the law of the
paydateldateoF nithholding is the date on ohieh arnou it w as withheld fi?on the employee's wages. state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #10 below)
6. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 9520776690
EMPLOYEE'S/OBLIGOR'S NAME: WHISTLER, BRADLEY S.
EMPLOYEE'S CASE IDENTIFIER: 2742100588 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
10.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
11. Additional
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Submitted By:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
Service Type nt
Page 2 of 2
Form EN-028
Worker ID $IATT
OMB No.: 0970-0154
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: WHISTLER, BRADLEY S.
PACSES Case Number 719102468
Plaintiff Name
KRISTINA M. KIMBARK
Docket Attachment Amount
00617 S 2000 $ .516.00
Child(ren)'s Name(s): DOB
JONATHAN C WHISTLER 07/15/92
J`4Ai?AX•T tt..WHfIS"Sf.7& Ota{ti5f9:5
PACKS Case Number '7/910Ael o7r
Plaintiff Name /ST/.d,( I . Kj,*(L34je
Docket Attachment Amount
ate-Vb55 Lr), $ 100,494
Child(ren)'s Name(s): DOB
?if checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
KRISTINA M. KIMBARK
Plaintiff
vs.
BRADLEY S. WHISTLER
Defendant
Docket Number 00-4655 CIVIL
)
PACSES Case Number 719102468
Other State ID Number
Order
AND NOW to wit, this MAY 1, 2006 it is hereby Ordered
that:
PURSUANT TO ALIMONY ENDING ON THIS DATE, THE REMAINING BALANCE OF $784.76 IS TO
BE PAID OFF AT THE RATE OF $100.00 PER MONTH.
BY THE COURT:
Kev' . Hess, JUDGE
DRO: R.J. Shadday Form OE-520
Service Type M Worker ID 21005
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AS OF of ID3lcAocr7
CASE# 6o-q(,.so5
HAS BEEN SCANNED.
ALL EARLIER
FILINGS TO THIS
CASE HAVE BEEN
5 GT Q NED
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Defendant Name: BRADLEY S. WHISTLER
Member ID Number: 2742100588
Please note: All correspondence must include the Member ID Number.
Fax: (717) 240-6248
Financial Break Down of Multiple Cases on Attachment
Plaintiff Name
KRISTINA M. KIMBARK
KRISTINA M. KIMBARK
PACSES Docket
Case Number Number
719102468 00617 S 2000
719102468 00617 S 2000
Attachment Amount/Frequenc
Do - A1.I0Sr ai V i L
TOTAL ATTACHMENT AMOUNT:
$ 550.00 /MONTH
$ 100.00 MONTH
s i
/
s /
650.00
Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment
Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 15 0.0 0
per week, or 55.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
BRADLEY S. WHISTLER Social Security Number 192 - 5 8 - 0 819 , Member
ID Number 2 7 4 210 0 5 8 8 . BUCBA is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount
attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23
Pa. C.S. § 4348(g).
This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated DECEMBER 2 8, 2 0 0 3 is exhausted, expired or deferred.
BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order: 2 209
JUDGE
Form EN-034
Service Type M Worker ID $ IATT
46
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 12/29/06
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
SIGNTRONIX
1445 W SEPULVEDA BLVD
TORRANCE CA 90501-5004
`11 9 I D 24dofl
(,i-7 s ao0o
0 Original Order/Notice 0tW..455&/
O Amended Order/Notice
0 Terminate Order/Notice
RE: WHISTLER, BRADLEY S.
Employee/Obligor's Name (Last, First, MI)
192-58-0819
Employee/Obligor's Social Security Number
2742100588
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 516.00 per month in current support
$ 134. 00 per month in past-due support Arrears 12 weeks or greater? @yes Q no
$ 0.00 per month in current and past-due medical support
$ o . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 6 5 0.0 0 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 15 o . o o per weekly pay period.
$ 300. oo per biweekly pay period (every two weeks).
$ 325. oo per semimonthly pay period (twice a month).
$ 650. oo per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Date of Order: j«'i Q 2 2001
Service Type M
BY THE COURT:
Form EN-028 Rev. 1
OMB No.: 0970-0154
Worker ID $ IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? Ifghecked you are required to provide a copy of this form to you(emPloyee. If yoYr employee works in a state that is
di Brent from the state that issued this order, a copy must be provided to your emp ogee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.*
paydate/date of wit' il iolding is the date on which amount was witiffield from the mpfoyee's-wages.. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 9520776690
EMPLOYEE'S/OBLIGOR'S NAME: WHISTLER, BRADLEY S.
EMPLOYEE'S CASE IDENTIFIER: 2742100588 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more
than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more
than the amounts allowed under the law of the state that issued the order.
10. Additional Info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
11-Submitted By: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
Service Type M
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.chiIdsupport.state.pa.us
Page 2 of 2
OMB No.: 0970-0154
Form EN-028 Rev. 1
Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: WHISTLER, BRADLEY S.
PACSES Case Number 719102468
Plaintiff Name
KRISTINA M. KIMBARK
Docket Attachment Amount
00617 S 2000 $ 650.00
Child(ren)'s Name(s): DOB
JONATHAN C. WHISTLER 07/15/92
JORDAN R. WHISTLER 08/09/95
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum Form EN-028 Rev. 1
Service Type M Worker ID IATT
OMB No.: 0970-0154
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
Defendant Name: BRADLEY S. WHISTLER
Member ID Number: 2742100588
Please note: All correspondence must include the Member ID Number.
ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
Plaintiff Name
KRISTINA M. KIMBARK
PACSES Docket
Case Number Number
719102468 00617 S 2000
Attachment AmountlFreguenc
U 4&#* CX/
TOTAL ATTACHMENT AMOUNT:
$ 100.00 /MONTH
/
/
$ 0.00
The prior Order of this Court directing the Department of Labor and Industry, Bureau of
Unemployment Compensation Benefits and Allowances (BUCBA), to attach $ o. o o
or 5 0 % per week of the Unemployment Compensation benefits of
BRADLEY S. WHISTLER
, Social Security Number 192-58-0819 ,
Member ID Number 2742100588 is hereby vacated.
This Order to Vacate shall be effective upon receipt of the notice of the Order by the
Department and shall remain in effect until a further Order of the Court is filed.
BY THE COURT
Date of Order: JAN 12 2007 N -L %J - -
JUDGE
Form EN-035
Service Type M Worker ID $ IATT
ti
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P tifftPetitioner
v. -? //
/",S ?btlL
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA.
NO. o?t Coo - Ae, Cl v / /
CIVIL ACTION - LAW
IN CUSTODY
PETITION TO MODIFY EXISTING CUSTODY ORDER
AND NOW, comes Petitioner, Brad S. Whistler, who files the following Petition to Modify
Existing Custody Order and in support thereof, respectfully represents as follows:
1. Your Petitioner is Brad S. Whistler, who currently resides at 2505 Cope Drive,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Respondent is Kristina M. Kimbark, who currently resides at 25 E. Portland
Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. The parties are the parents of two minor children, Jonathan Colby Whistler, age 15,
date of birth July 15, 1992 and Jordan Riley Whistler, age 12, date of birth August 9, 1995.
4. On? AL?9- an Order of Court was entered in the above-captioned custody
action. A copy of the Order is attached hereto, incorporated herein and marked Exhibit "A".
5. Since the date of the entry of the Order, circumstances have changed warranting a
change in the existing custodial arrangement.
6. It is the Petitioner's belief that it would be in the children's best interests to spend more
time with him. The children, who are now both teenage boys, have requested that they be able to
spend more time with their father and have specifically requested an alternating week schedule.
Petitioner is able to provide for the boys emotional, educational and physical needs.
WHEREFORE, your Petitioner, Brad S. Whistler, requests that the Court modify the Order
of Court dated .2 ,28 c9OO Z , granting an alternating week schedule with his minor children,
Jonathan C. Whistler and Jordan Riley Whistler.
RespectfiAy submitted,
Dated: Oa By:
Brad 'stler, Pro Se
2505 Cope Drive
Mechanicsburg, PA 17055
717.608.8255
VERIFICATION
I verify that the statements made in this Pleading are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn
falsification to authorities.
iS a S `?
Date:
r stler, Petitioner
IN THE COURT OF COMMON PLEAS
P etitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2C)oO - L/6J 5- elP,11
CIVIL ACTION - LAW
Defendant/Respondent IN CUSTODY
CERTIFICATE OF SERVICE
I, Brad S. Whistler, hereby certify that I have served a copy of the Petition to Modify Existing
Custody Order on the following, on the date and in the manner indicated below:
U.S. MAIL, FIRST CLASS, PRE-PAID
Kristine M. Kimbark
25 E. Portland Street
Mechanicsburg, PA 17055
DATE: ? By'
ra S. stler, Pro Se
250 ope Drive
Mechanicsburg, PA 17055
717.608.8255
BRADLEY S. WHISTLER,
Plaintiff
V
KRISTINA M. WHISTLER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2000 - 4655 CIVIL
: IN CUSTODY
COURT ORDER
HNij 1'vv'v'Y`, alisi uuy' G. S:.i:tc:nbe , ?n??, ?tTon cnnsidpratann of the attached
Custody Conciliation Report, it is ordered and directed the prior custody orders entered in
this case are vacated and replaced with the following provisions:
1. The Father, Bradley S. Whistler, and the Mother, Kristina M. Whistler, shall
enjoy shared legal custody of Jonathan C. Whistler, born July 15, 1992; and
Jordan R. Whistler, born August 9, 1995.
2. The Mother shall enjoy primary physical custody of the minor children.
3. The Father shall enjoy periods of temporary physical custody of the minor
children as follows:
A. On alternating weekends from Friday afternoon when Father gets off
work and is able to give Mother reasonable notice but no later than
6:00 p.m. until Sunday evening at 7:30 p.m.
B. On weekdays, every Wednesday from when Father gets off work until
8:30 p.m. if Father picks the children after 5:00 p.m., but 8:00 p.m. if
the Father picks the children up before 5:00 p.m. Father shall also
have custody on alternating Thursdays for the same timeframe.
C. At such other times as the parties may agree.
4. Both parties shall enjoy two (2) weeks of summer vacation with the minor
children. The parties shall notify the other parent as soon as possible when
they make plans for summer vacation, with a minimum of thirty (30) day
notice required.
ii tU?ly?
FEB
BRADLEY S. WHISTLER,
Plaintiff
V
KRISTINA M. WHISTLER,
Defendant
r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2000 - 4655 CIVIL
IN CUSTODY
COURT ORDER
ti t •3f?n
t N!-, 1;vc ca> -"1i? *?--
Custody Conciliation Report, it is ordered d di cted as follows: `M
1. The Father, Bradley S. Whistler, and the Mother, Kristina M. Whistler, shall enjoy
shared legal custody of Jonathan C. Whistler, born July 15, 1992; and Jordan R.
Whistler, born August 9, 1995.
2. The Mother shall enjoy primary physical custody of the minor children.
3. The Father shall enjoy periods of temporary physical custody of the minor children
as follows:
A. On alternating weekends from approximately 6:00 p.m. on Friday
through 7:30 p.m. on Sunday.
B. On weekdays, every Wednesday from approximately 6:00 p.m. until
8:30 p.m. and on alternating Thursdays from approximately 6:00
p.m. until 8:30 p.m. When the Father returns the children home on a
weekday evening, he shall ensure that the children are ready for bed
with appropriate bed clothes on and their teeth brushed.
C. At such other times as the parties may agree.
4. Both parties shall enjoy two weeks of summer vacation with fhe minor children.
The parties shall notify the other parent as soon as possible when they make plans
for summer vacation, with a minimum of thirty (30) day notice required.
5. The parties shall alternate the following holidays: New Year's Day, Easter,
Memorial Day, July 4`?, Labor Day and Thanksgiving. The Father shall have
custody on Easter, July 4t' and Thanksgiving in old numbered years with the
Mother having custody of the children on New Year's Day, Memorial Day and
Labor Day in odd years. The parties shall alternate this arrangement in even years.
G. The Christmas holiday shall be split into two segments: the first segment shall be
from Christmas Eve at 2:00 p.m. until Christmas Day at 2:00 p.m., with the second
segment being from Christmas Day at 2:00 p.m. until December 26" at 2:00 p.m.
Father shall enjoy the first segment in the year 2001 with the parties alternating
thereafter unless agreed otherwise by the parties.
7. The Mother shall always have custody of the minor children on Mother's Day and
the Father shall alWys have custody of the minor children on Father's Day. This
provision shall suipe ede the alternating weekend schedule.
10
8. For exchange tc dy, the Father shall pick the children up at Mother's home
with the mother to have the children prepared and waiting for the Father at pick-up
time. For delivery, the Father shall drop the children off at the Mother's home
Nvit'iout any req u-eme-ni?"O r _he Father ro gc to rh!? Mother's doorway
9. The parties may modify this custody order as they agree. Absent an agreement, the
terms of this custody order shall be followed.
10. This order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. In the event either party desires to modify this agreement,
that party may petition the court to have the case again scheduled for a Custody
Conciliation Conference.
cc: Michael Kane, Esquire
James J. Kayer., Esquire
........i
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Y
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v
BRADLEY S. WHISTLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2000-4655 CIVIL ACTION LAW
KRISTINA M. KIMBARK IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, June 18, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 24, 2008 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Hubert X. Gilroy, Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
,OT-/ Iv f
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BRADLEY S. WHISTLER,
Plaintiff
vs.
KRISTINA M. KIMBARK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000-4655
IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Jonathan C. Whistler, born July 15, 1992
Jordan R. Whistler, born August 9, 1995
2. A Conciliation Conference was held on August 19, 2008, with the following
individuals in attendance:
The mother, Kristina M. Kimbark, who appeared with her counsel,
Gergld S. Robinson, Esquire, and the father, Bradley S. Whistler,
who 'I appeared pro se.
3. The parties agreed to the entry of an Order in the form as attached.
Date: August , 2008 Z?? 44
Hubert X. Gil y, Esquire
Custody Co iliator
r3
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v ;
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177
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BRADLEY S. WHISTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
KRISTINA M. KIMBARK, NO. 2000-4655
Defendant IN CUSTODY
COURT ORDER
AND NOW, this IS K day of , 2008, upon consideration ofthe
attached Custody Conciliation Report, it is ordered and directed as follows:
The parties shall submit themselves to family therapeutic counseling to be performed
by Guidance Associates. The parties shall share the costs of this counseling after any
applicable insurance for either party is paid toward the counseling. The intent of the
counseling is to promote communication between the parents and to also, as
determined by the counselor, involve the children to address any issues or concerns
the children may have. The counselor shall act as an independent
counselor/evaluator and may share the results of their counseling sessions with either
party or their legal counsel.
2. The parties shall meet again with the Custody Conciliator for a conference on
Thursday, November 6, 2008, at 8:30 a.m. At this conciliation and in the event the
parties determine that the counseling set forth above is not resolving the issues, either
party may request that the case be scheduled for a hearing or take some other position
at the conciliation conference. In the event the matters are being worked out between
the parties as a result of this counseling, either party may notify the Conciliator and
the conciliation may be cancelled upon agreement of the parties.
3. Pending further Order of this Court, this Court's Order of September 23, 2002, shall
remain in effect.
cc: ,derald S. Robinson, Esquire
Xr. Bradley S. Whistler A
BY THE COURT,
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BRADLEY S. WHISTLER,
Plaintiff
vs.
KRISTINA M. KIMBARK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000-4655
IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Jonathan C. Whistler, born July 15, 1992
Jordan R. Whistler, born August 9, 1995
2. A Conciliation Conference was held on August 19, 2008, with the following
individuals in attendance:
The mother, Kristina M. Kimbark, who appeared with her counsel,
Gerald S. Robinson, Esquire, and the father, Bradley S. Whistler,
who appeared pro se.
3. The parties agreed to the entry of an Order in the form as attached.
Date: August , 2008 Z./,/X
Hubert X. Gil y, Esquire
Custody Co iliator
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BRADLEY S. WHISTLER,
Plaintiff
vs.
KRISTINA M. KIMBARK,
Defendant
IN THE COL'
CIVIL ACTI
NO. 2000-4615
IN CUSTOD
- COURT ORDER
AND NOW, this day of December, 2008
Custody Conciliation Report, it is ordered and directed that tl
23, 2002, shall remain in effect subject to the following modi.
1. Father's alternating weekends shall extend
Monday evening at 9:00 p.m.
2. Father's custody on every Wednesday shall be vernight with Father delivering the
children to school or, if there is no school, the parties shall work out a mutually
agreeable time for exchange.
3. Father's Thursday evenings shall also extend uitil 9:00 P.M.
4. The parties shall meet again with the Custody C nciliator on Thursday, February 26,
2009, at 9:30 a.m.
BY THE COURT,
J. /wesl&
cc: risto her T. Smull
p ,Esquire
Susan M. Kadel, Esquire
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DEC 16 zQffl 0 r
RT OF COMMON PLEAS OF
ND COUNTY, PENNSYLVANIA
N - LAW
upon consideration of the attached
prior custody Order of September
cations:
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BRADLEY S. WHISTLER,
Plaintiff
vs.
KRISTINA M. KIMBARK,
Defendant
IN THE CO RT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000-4615
IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
IN ACCORDANCE WITH THE CUMBERLAN
PROCEDURE 1915.3-8(b), the undersigned Custody Concili
1. The pertinent information pertaining to the c.
litigation is as follows:
Jonathan C. Whistler, born July 15, 195
Jordan R. Whistler, born August 9, 199
2. A Conciliation Conference was held on Dece.
individuals in attendance:
The mother, Kristina M. Kimbark, who al
T. Smull, Esquire, and the father, Bradle}
M. Kadel, Esquire.
3. The parties agreed to the entry of an Order in th
Date: December 1"_, 2008
Hubert X.
Custody (
COUNTY RULE OF CIVIL
submits the following report:
ren who are the subject of this
ber 12, 2008, with the following
peared with her counsel, Kristopher
S. Whistler, with his counsel, Susan
form as attached.
;6y, Esquire
iliator
FED 2 7 2008y
BRADLEY S. WHISTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
KRISTINA M. KIMBARK, NO. 2000-4655
Defendant IN CUSTODY
COURT ORDER
AND NOW, this ??. r.day of ?1 L2009, upon consideration of the attached
Custody Conciliation report, it is ordered and directed as follows:
1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the
day of restez , 2009 at ?.i) A.m. At this hearing, the father shall be the
moving party and shall proceed initially with testimony. Counsel for the parties shall file
with the Court and opposing counsel a memorandum setting forth the history of custody in
this case, the issues currently before the Court, a summary of each parties position on these
issues, a list of witnesses who will be called to testify on behalf of each party and a summary
of the anticipated testimony of each witness. This memorandum shall be filed at least five
days prior to the mentioned hearing date.
2. Pending further Order of this Court, this Court's prior Order of December 16, 2008 shall
remain in effect.
BY THE COURT,
J fWe- sley Oler,
cc: ?Istopher T. Smull, Esquire
Susan M. Kadel, Esquire
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BRADLEY S. WHISTLER,
Plaintiff
vs.
KRISTINA M. KIMBARK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000-4655
IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
I . The Conciliator had a prior Custody Conciliation with the parties and their counsel
in December. A modified Order was entered for the past three month and another
Conciliation was held via a telephone conference between the Conciliator and legal
counsel for the parties. The issues are still not resolved and the father is still seeking
a shared physical custody arrangement. The existing custody arrangement is mother
having primary custody. A hearing is required and the Conciliator recommends an
Order in the form as attached.
Date: February , 2009
Hubert X. Gil y, Esquire
Custody Co iliator
BRADLEY S. WHISTLER,
Plaintiff
V.
KRISTINA M. KIMBARK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 00-4655 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 20`x' day of March, 2009, upon consideration of the attached letter
from Kristopher T. Smull, Esq., attorney for Defendant, the hearing previously scheduled
for June 4, 2009, is rescheduled to Monday, July 6, 2009, at 9:30 a.m., in Courtroom No.
1, Cumberland County Courthouse, Carlisle, Pennsylvania. Pre-hearing memoranda are
due from the parties within five days of the hearing date.
BY THE COURT,
?ausan M. Kadel, Esq.
P.O. Box 650
Hershey, PA 17033-0650
Attorney for Plaintiff
VAGistopher T. Smull, Esq.
P.O. Box 5320
Harrisburg, PA 17110-5320
Attorney for Defendant
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BRADLEY S. WHISTLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA.
V. NO. 2000-4655
KRISTINA M. KIMBARK, CIVIL ACTION - LAW
Defendant IN CUSTODY
STIPULATED CUSTODY ORDER
AND NOW, this .1(??'`- day of July, 2009, upon consideration of the agreement reached
between the parties, it is hereby ordered and directed as follows:
The Plaintiff, Bradley S. Whistler (hereinafter referred to as "Father"), and the
Defendant, Kristina M. Kimbark (hereinafter referred to as "Mother"), shall enjoy shared legal
custody of Jonathan C. Whistler, born July 15, 1992 and Jordan R. Whistler, born August 9, 1995.
Major decisions concerning the children, including, but not limited to, the children's health,
welfare, education, religious training and upbringing shall be made by the parties jointly, after
discussion and consultation with each other, with the view toward obtaining and following a
harmonious policy in the children's best interest. Day to day decisions shall be the responsibility of
the party then having physical custody. With regard to any emergency decisions which must be
made, the party having physical custody of the children at the time of the emergency shall be
permitted to make any immediate decisions necessitated thereby. However, that parry shall inform
the other of the emergency and consult with him or her as soon as possible. Each party should be
entitled to complete and full information from any doctor, dentist, teacher professional or authority
and to have copies of any reports given to either party pursuant to 23 Pa.C.S. 5309.
2. Physical custody of the children shall be shared by Mother and Father on an
alternating weekly basis with the transition time to occur on Sunday evening between 7:00 p.m. and
7:30 p.m. This weekly rotation will begin with Father having custody of the children beginning
Sunday, July 5, 2009, and alternating thereafter.
3. The parties shall share transportation for the weekly exchange with the party
relinquishing custody providing the transportation.
4. The party not in custody of the children on a particular week shall have partial
custody of the children on Wednesday evenings for the purpose of having dinner with the children.
The exact time of the custody shall be agreed upon by the parties. The parties further agree that
they shall be flexible in accommodating all reasonable requests of the other party or the children for
scheduling changes for the weeknight visitation.
5. Both parties shall enjoy two (2) non-consecutive weeks of vacation with the children
and shall notify the other parent as soon as possible when they make plans for vacation, with a
minimum of thirty (30) days notice required. The parties agree that they shall endeavor to take their
weeks of vacation during their week of primary custody only; however, should it be necessary to
take vacation during the other party's week, a make-up week shall be immediately scheduled.
6. The parties shall alternate the following holidays: New Year's Day, Easter,
Memorial Day, July Fourth, Labor Day and Thanksgiving. Father shall have custody on Easter,
July Fourth and Thanksgiving in odd years and Mother shall have custody of the children on New
Year's Day, Memorial Day and Labor Day in odd years. The parties shall alternate this
arrangement in even years.
7. The Christmas holiday shall be split into two (2) segments: the first segment shall
be from Christmas Eve at 2:00 p.m. until Christmas Day at 2:00 p.m., with the second segment
being from Christmas Day at 2:00 p.m. until December 26`h at 2:00 p.m. Father shall enjoy the first
segment in the year 2009 with the parties alternating thereafter unless otherwise agreed upon by the
parties.
8. Mother shall always have physical custody of the children on Mother's Day and
Father shall always have physical custody of the children on Father's Day.
9. The parties agree that they shall provide time for the parent not in custody to spend
time with the children on the children's respective birthdays.
10. If Father will be traveling overnight for longer than one night, the children shall be
in the physical custody of Mother until Father's return.
11. Father agrees that the children shall contact Mother to advise her if they will be
coming to her home during the periods of time when she does not have custody.
12. The parties agree that their child, Jonathan, shall go to a counselor for a minimum of
three (3) sessions. The counselor shall be jointly selected by the parties and shall be an individual
covered under one of their insurance policies. The parties shall agree to equally share any cost for
said counseling.
13. The parties agree that they shall engage in co-parenting counseling with each other
for a minimum of four (4) sessions. The counselor shall be mutually selected by the parties and
shall be covered under one of their respective insurance policies. The parties agree to equally share
in the cost for any of these sessions.
14. Each party shall be entitled to reasonable telephone or e-mail contact with the
children when they are in the custody of the other party. The parties shall provide to one another an
emergency contact telephone number, e-mail address or contact person.
15. The parties shall refrain from making derogatory comments about the other party in
the presence of the children and, to the extent possible, shall prevent third parties from making such
3
comments in the presence of the children or otherwise harass or interfere with the parties' periods of
partial custody.
16. Upon mutual agreement an expanded or altered scheduled may be agreed upon
between the parties and that such mutual agreement would be in the best interest of the children.
17. The parties shall permit and support the children's access to family relationships and
events (funerals, reunions, graduations, etc.). Events will be accommodated by both parties with
routine periods of custody resuming immediately thereafter. Each party shall have the option of
proposing time or date variations to the other party when special recreational options or other
unexpected opportunities arise.
Distribution:
Kristopher T. Smull, Esquire, 2505 North Front Street, 2nd Floor, Harrisburg, PA 17110
Susan M. Kadel, Esquire, Post Office Box 650, Hershey, PA 17033
4
BY THE COURT:
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