HomeMy WebLinkAbout97-01159
!
~ i
~ ;
!
~
,
1:'--
o;;:r-
"
.",
/
/
VICTORIA N. WHEELER, I IN THE COURT OP COKKON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. NO. q.~-I/S9
I
DOUGLAS A. WHEELER, I CIVIL ACTION - LAW
Defendants I IN CUSTODY
NOTICE
You, Douglas A. Wheeler, have been sued in court to obtain
custody of the children: Ross Wheeler, Abby Wheeler, Keith Wheeler
and Blake Wheeler. If you fail to appear as provided in the Court
Order or to bring the children, an order for custody may be entered
against you or the court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO PIND OUT WHERE YOU CAN GET LEGAL HELP.
OFPICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200 EXT 6200
VICTORIA N. WHEELER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. q 1- 1/ oS 9 C?t.:" ( '--R: 12.."1
DOUGLAS A. WHEELER,
Defendants
CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Victoria N. Wheeler, an adult individual
residing at 109 Lee Ann Court, Enola, Cumberland County,
Pennsylvania, 17025.
2. The Defendant is Douglas A. Wheeler, an adult individual
residing at 23 Altoona Avenue, Enola, Cumberland County,
Pennsylvania, 17025.
3. The Plaintiff, Victoria N. Wheeler, residing at 109 Lee
Ann Court, Enola, PA 17025, is the natural mother of the children
and the Plaintiff, Douglas A. Wheeler, is the natural father.
4. Plaintiff seeks primary physical custody of the following
children:
~ Present Residence Date of Birth Aqe
Ross Wheeler 109 Lee Ann Court 1-7-85 12
Enola, PA 17025
Abby Wheeler and 2-12-87 10
Keith Wheeler 23 Altoona Avenue 11-l5-89 7
Enola, PA 17025
Blake Wheeler 8-15-9l 5
6. The Defendant resides with the following persons:
Self and the four children.
7. plaintiff has not participated as a party or witness, or in
any other capacity, in any other litigation concerning the
custody of the children in this or another court. The parties did
enter into a Marital Settlement Agreement which included custody.
A true and correct copy of the custody portion of said Agreement is
attached hereto, made part of, and incorporated by reference as
plaintiff's Exhibit 1.
a. plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
b. 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 visi.tation rights with respect to the children.
8. The best interest and permanent welfare of the children
will be served by granting the plaintiff, Victoria N. Wheeler
primary physical custody of the children during the school year for
the following reasons:
a. The children have had difficulty adjusting to residing
on a week on/week off basis with each parent.
VICTORIA N. WHEELER, . IN THE COURT OF COHHON PLEAB
.
Plaintiff . CUMBERLAND COUNTY, PENNBYLVANIA
.
v. . NO. 97 - lit? C'L,,'lk~
.
.
.
DOUGLAS A. WHEELER, . CIVIL ACTION - LAW
.
Defendants . IN CUBTODY
.
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint For
Custody, it is hereby directed that the parties and their respective
counsel appear before fDI.ln.OS ."-1"X:1N-.1 , Esquire, the
/
Conciliator, at l8....lliLNOIf'\ 5+. ) 1'1("( hnlC.~ 1f'<J on the
If) day of ~, 1997 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. Either party may bring the child who is the
subject of this custody action to the conference, but the child's
attendance is not mandatory. Failure to appear at the conference
may provide grounds for entry of a temporary or permanent order.
For the Court,
~~'-&~J?~.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCEfTb2F YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200 EXT 6200
,-"~
if:.:
~ L.
, .
-:'.;:.:t;:':',:" .
:'~i'
11~; ~ . .. i ' ,110' -.' 'I
~ .1
,1,1~ I ~
II
i~ ,p..' i I
~I~I' . I . '~l'
.~. ;' '11 '.= . ~.
,
,i
~r~ . ,.-,
.1Il .
iC
I I
.~ ~
a'i
,-,.
'-'.\,
,"',
,',
.~.;. ..~,
VIC'I'ORIA N. WHEELER, . IN THE COURT OF CCX'lMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. . NO. 97-1159 CIVIL TERM
.
.
.
DCXJGLAS A. WHEELER, CIVIL ACTION - LAW
Defendant IN CUSTODY
aIDER OF COORT
AND 10, this ':3M day
consideration of the attached Custody
and directed as follows:
1. A Hearing is scheduled in Court Room # 4-,,3 , of the
Currberland County Court HOus~, on the (, n.. day of \l~ '
1997, at tJ~3D o'clock Ir.m., at Wfi1'Clltime testimony 11 be takeo.
At this Hearing, the Mother, Victoria N. Wheeler, shall be deemed to 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 each party's position on custody, a list of witnesses who will
testify at the Hearing, and a summary of the anticipated testimooy of each
witness. These Memoranda shall be filed at least ten (lO) days prior to
the Hearing date.
, 1997, upon
Report, lt is ordered
2. Pending further Order of this Court or agreement of the parties,
the parties shall contioue to follow the custody arrangements set forth in
the Marital Settlemeot Agreement dated May 20, 1996, with the additional
provision that the Father shall provide the Mother with one week advance
notice in the event the Father does not require childcare (provided by the
Mother) during aoy of his weeks of custody during the soomer months.
J.
cc:
. (r1-~c....c {,/3/9'1.
..><5.f.
. .
~ 1
VICTORIA N. WHEELER,
Plaiotiff
IN THE COURT OF COMMON PLEAS OF
CU~IBERLAND COONTY, PENNSYLVANIA
.
.
vs.
NO. 97-1159
CIVIL TERM
OOUGLAS A. WHEELER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ClJS'lWY CXH:ILIATIOO SlHWrl REP(Rl'
IN ACJCXlU)ANCE WI'l'II cnmERLAND <XXm.Y RULE OF CIVIL PIlOCBOORB
19l5.3-8, the undersigned custody Conciliator submits the following report:
l. The pertinent informatioo concerning the Children who are the
subjects of this litigatioo is as follows:
NAME
DATE OF BIRTH
c:llRRmn'Ly IN ClJS'lWY OF
Ross Wheeler
Abby Wheeler
Keith Wheeler
Blake Wheeler
January 7, 1985
February 12, 1987
November l5, 1989
August 15, 1991
Mother/Father
Mother/Father
Mother/Father
Mother/Father
2. A conciliatioo Conference was held 00 May 20, 1997 with the
following individuals in at.tendance: The Mother, Victoria N. Wheeler, with
her counsel, Joanne H. Clough, Esquire, and the Father, Douglas A. Wheeler,
with his counsel, Samuel L. Andes, Esquire.
3. In June, 1996, the parties entered ioto a Marital Settlement
Agreement with provisions governing custody arrangements. Under the
Agreemeot, the parties alternated custody of the Childreo on a weekly
basis. The Mother filed this Petition to Modify the current custody
arrangements to provide that the Mother would have primary physical custody
of the Children during the school year. The Father opposed the Mother's
request for primary custody, the parties were not able to reach an
agreement at the Cooference, and, therefore a Hearing will be necessary.
4. The Mother's position on custody is as follows: The Mother
believes it would be in the Childreo's best interest to primarily reside
with her during the school year. According to the Mother, she reluctaotly
agreed to the alternating weekly schedule io the Settlement Agreement and,
having tried those arrangements for one year, now prefers to have primary
custody at least during the school year. The Mother's position is based
mainly on her belief that as a school teacher she is better able to assist
the Children with school work and to impart to the Children her emphasis on
the importaoce of educatioo.
5. The Father's position on custody is as follows: The Father
believes that there is no reasoo to change the existing custody
arrangements as requested by the Mother. ACcording to the Father, the
Children are doing well in school and, io fact, have improved academically
v.
I IN THE COURT OF COKMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
: NO. 97-1159 CIVIL TERM
VICTORIA N. WHEELER,
plaintiff
I
: CIVIL ACTION - LAW
I IN CUSTODY
DOUGLAS A. WHEELER,
Defendants
AND N..t\~~"~ attaohed St'pulat'on Fo'
custody Order executed by both of the parties, it is hereby ORDERED
and DECREED as follows:
1. The Victoria N. Wheeler and Douglas A. Wheeler shall share
legal and physical custody of Ross Wheeler, born 1-7-85, Abby
Wheeler, born 2-13-87, Keith Wheeler, born 11-15-89, and Blake
Wheeler, born 8-15-91.
2. The children shall attend school through the East Pennsboro
Township School District unless both parties agree otherwise.
3. The children shall reside with both their parents by
spending one week in the physical custody of their mother and one
week in the physical custody of their father. The parties agree to
regular and free access to the children on that parent's "off week".
4. The parties further agree to provide each other with
information concerning the health, education and welfare of their
children on a regular basis and shall encourage each other to join
in the decision making process as to the children's schooling,
medical care and other important issues associated with their lives.
5. The parties also agree for two years after the date of the
Marital settlement Agreement, that in the event Wife is available to
provide care to the children during the summer months, she shall do
so during Husband's week of custody. Husband agrees to pay Wife the
sum of $40.00 per day for providing this service, during such two
year period. After said two years, the parties will continue such
agreement only upon mutual consent. Father shall provide Mother
with one week advance notice in the event that Father does not
require child care during any of his weeks of custody during the
summer months.
6. The parties agree that the pick up and drop off day for the
week on/week off physical custody schedule shall be Friday.
7. The parties recognize that there may be circumstances from
time to time which may prevent the exercise of custody at the agreed
dates and times. To that end, the parties agree that each will give
timely and reasonable notice to the other of the existence of such
circumstances and will permit the other a reasonable period in which
to enjoy time with the children to make up for these lost periods.
8. In the event of any serious illness of the children at any
time, any party then having custody of the said children shall
immediately communicate with the other party by telephone or any
other means, informing the other party of the nature of the illness.
During such illness, each party shall have the right to visit the
children as often as he or she desires, consistent with the proper
medical care of the said children. The word "illness" as used
herein shall mean any disability which confines the children to bed
under the direction of a licensed physician for a period in excess
of forty-eight (48) hours.
STIPULATION FOR CUSTODY ORDER
WHEREAS, Victoria Wheeler is the natural mother of four
children, Ross, Abby, Keith and Blake Wheeler;
WHEREAS, Doug Wheeler is the natural father of said children;
WHEREAS, the parties initially agreed to a custody schedule in
a Marriage Settlement Agreement dated May 20, 1996;
WHEREAS, victoria Wheeler filed a Custody Complaint seeking
modification of that custody agreement;
WHEREAS, Victoria Wheeler is represented by Joanne H. Clough,
Esquire and Doug Wheeler is represented by Samuel Andes, Esquire;
WHEREAS, the parties have reached an agreement regarding the
modification of the original custody agreement and it is now agreed
as follows:
1. The parties shall share legal and physical custody of the
children born of this marriage.
2. The children shall attend school through the East
Pennsboro Township School District unless both parties agree
otherwise.
3. The children shall reside with both their parents by
spending one week in the physical custody of their mother and one
week in the physical custody of their father. The parties agree to
regular anci free access to the children on that parent's "off
week".
4. The parties further agree to provide each other with
information concerning the health, education and welfare of their
children on a regular basis and shall encourage each other to join
in the decision making process as to the children's schooling,
medical care and other important issues associated with their
lives.
5. The parties also agree for two years after the date of the
Marital Settlement Agreement, that in the event Wife is available
to provide care to the children during the summer months, she shall
do so during Husband's week of custody. Husband agrees to pay Wife
the sum of $40.00 per day for providing this service, during such
two year period. After said two years, the parties will continue
such agreement only upon mutual consent. Father shall provide
Mother with one week advance notice in the event that Father does
not require child care during any of his weeks of custody during
the summer months.
6. The parties agree that the pick up and drop off day for
the week on/week off physical custody schedule shall be Friday.
7. The parties recognize that there may be circumstances from
time to time which may prevent the exercise of custody at the
agreed dates and times. To that end, the parties agree that each
will give timely and reasonable notice to the other of the
existence of such circumstances and will permit the other a
reasonable period in which to enjoy time with the children to make
up for these lost periods.
8. In the event of any serious illness of the children at any
time, any party then having custody of the said children shall
immediately communicate with the other party by telephone or any
. .
other means, informing the other party of the nature of the
illness. During such illness, each party shall have the right to
visit the children as often as he or she desires, consistent with
the proper medical care of the said children. The word "illness"
as used herein shall mean any disability which confines the
child~en to bed under the direction of a licensed physician for a
period in excess of forty-eight (48) hours.
9. The parties shall exert every reasonable effort to
maintain free access and unhampered contact between the children
and each of the parties, and to foster a feeling of affection
between the children and the other party. Neither party shall do
anything which may estrange the children from the other party, or
injure the children's opinion as to his mother or father, or which
may hamper the free and natural development of the children's love
and respect for the other party.
10. Each party agrees this stipulation shall be reduced to an
Order of Court.
IN WITNESS WHEREOF, each party hereto sets forth his or her
signature intending to be legally bound.
W
/1.' - ILl' 'i 7
~~Q-a
,,',
.: '.' ..' :. .'n,: ..' ., ..' '.. ..... .... 'n ". ...... .... ::. u: 'Ji'; ')';;.'c.. .....,.. '. . ,< ..". ':
~/". H', ".: ,.':;,.,:~....,. '.' ,nn.< '..,:,:.. .'~' ....,.',' ',1 '. .,' '. ....... . ...... '.,
'..,'f,':':::' 'U)(,', .' :.",i ". .~. <'<'::'<."\ \ ,: '<q~,', . , ',?: ' :-,,' J.(,.,'.'.',
:{>~>., ." . .::::i~>" "',' e..... c..... :,.; >. ......:'.\'r c.... ,..:C.
<:<:":'oo ~ '. .".' ',.,' '-, ....'. ":'; .',. . ."'.' . ... ""..',' ,,"..' (,::;... .., .:':'..,A. ..,...
- t, '.' . :," ','.' -": :";.- . :~: . y:::c::~ <.
, . '.,'..,\..::, .'
)~6~i<. . .. ... . . ... ,. ;~:..; <.;,.', .,. ':,},li;~'k"l:'~t:~;~r
::";';:'c:..:~-: .. , ," . t "'", , . .' ., _,"", '."', ."" . ,," '",,"....... ... ';
';',,:,,:.: . . . '. ':.:~':~:,:;':ri:\':~~~i1l/~;;6~\::~(~:~~~\!'~3~~;~:~;~[~.~~~E~j~~~;~~~J:?~~~;~:~~!(:1 .
~ ~:-:':2,':~/~-,; ;','::-~~;7i g,,, ~ -. ,,- - 1 - . '''''' - - ,lH. .->1-, ~~"--~'" ~~"",i. ~J;~ ") j. > t:' , -, ~.m-<l - ~~ -
-_' ,{-:~:=:;-,,_'.,;:~ii::~> .~ ,~ " ~5E:' "~^, .,'~ " .~,?~ ':":. ~~ ;;"~-~.' ",~'/':'>~\" 'c.::~":':;- ~'.,;~f. ..j ~';~:i::' .:!}~*~.":',.}..t~~F::~~:1f"S:~.:;." .'<1 ~ ~ - ~ "',: ::~~~:, ~:
,_~ .;l;\~f;' . 'm P..i:! ,', -'~'. u i' ''':'_.''(\1''~'~:.t" \ ':I: ~;'-:t' ~s',", """.. ~'> ',".1.. - ,-r. '"-1 ,~'A'fle ~!,'t{'.~;
,-;-- -~::~.:- ~:-:_:~. - y~:~. . _ _ -. ^ "; , ,:~".f /, ./:,. 'i.: ,~~ .:.;~~~'\:~~'r;;,", ;~: :,y:~~~:/;:~::'.:(')r;".,~_~: ~4-~~!"~~-!-i.,:ftr, y ~~- . '~--~~.~1:-~
,:: ,"~, \.~:_No'M:t., ~ "..~~'.,J."(.(-)~ ,'h,t")' ."'--.1'f~'~''''''" '~\<"~'''I.'-t:,,,,,,,'l<',...',,,.H,,, "',,l~..~~
'- ,_~ ~ .- ~ i _:I'~:;;-"l . "" :~...",a;>.!:>;:'}-c\:'\.';'I" ~ '~": :/-1; .;.-,:.~~~_.,.t';.ff: ~~.."~'"~:>~;~' .j,,'~1-:r~;!'z0 t,!~t,. ~-:- ~"f.;- ~, =
~ ~_ -q. "-3f:H f ' -q :^"'~:~J~<.~.';~p"'~'~~~:.'"q'.,~,-,< ',..>'(" "I~''''~ ',! ,f-,;.,:. .*:.\-i;;,,\l.....V,,~~,:.1r';...\,;.., ':::"
~: ~ ," om ,..,..~ . ~"':':'~"'~'.:':;"';i;~':~~' ,- ; .~,'~ ,~~ ~ ""',, ~ t .1,-' L .)j. ~~"<j~.....,,. ,."'1, ::n; ~-,,_,,~. .-",."$~"-", , '
!: .~~_;" T ,;'-, ~ ~ '.~", \", <. ."'~',{, __:,:' '~" :', ~',~ -;,: :;:{?~ 1.'~~;:"';\~";,"::"'~;f~:~;;,< 1~,;tr:'n.<;~f:F '_ -""~' ~,~,,/'''~~ ~-^<' .,,;~. ~ ~h
. ..... 0 '. ~. ;.;i...... ";.' .- .."~I^ ..."",;. "".,..".".<;....."..".,,,\,'> ".',""
':. >:'~:'_ :.: :- ~~ ~,- ~l Si ~! _,1, ~':~';-;_ ;::<~<;,:~~,:;,,;,:~;,";~'_':'-~~'~;;':;-t;"~"; K: ;',:'~: ..;:..i~ ):~:/ ";:~:. ~':~, ,,>..i'~;"0{i.~.( 1t~~t .;, ~ '._~ ~."^ ~
~~-""Ii?-"":"')" 1:\.. .....c,.,;..;,..,...,.,,, .... ,f. ''o.L...d ".",j ,.~. "C'" . '~"l.'"
, - ~ '. ~;,~~"~;'-:o. ~~.' :,^", ~ . , : -,. . '.j-' /'--:'.:{:.~4?h~f~~:~:(~'~:'~':'-~':~' _~.~.f~~!r~':~{<~:~h\%.~~~:s~~~~;';J/~:-"q ;,~ };:-:J.;;'~::i'~"~~~i<:ji,~\:~ ~"'-}
. "_''''"'':-'''''1ID;." ~ ;:"-;; ,_/.. ~'''':- ,1J.," "":<"~,\l:,,._t..''''''~~~'''''~~''\.'''T_.t't,A-'~>~'':'.''?'':-'''';:;!,,<i..;-_"t,4,'l-r,,':"
-"-'-',.~ :I""~:i_:~":..o~.< ~ :,\<:.,:-::','::.,. ... - ~ ~ . .", ,,,,-<., " s.;: ~~ v ')'''~\;.'~'' ,..~-~~~~;...".< . ...""""H3'_'
: ~::~ ~~:-':::-;\:~ii'>';~~~;':: . ~ " ~ . . < ~. '-; ~. - -, ,,":.'~ ;~'\~ ;~: '; ;-~ ;f:,~,_t.-::,~[j;/,~~l~~~_:'~J:;'~~<;2.;t~:>:,~~~~-:~~~";~i \:~';.:-);;~,,~~;;.~,;;p, "'f'
, _\ ,,'~S;.':'~~'7fj: "" ,<: j'{\i-~-'" r}' J~"" 1" .H,' ~c;; I.),' '~,< ~..'~ ''j ,. _" "'-'i}i'~'." ~~
.' r: ;:;,.;::-~;~, . .... ;:,' . . '..,;u' \, :;~;.. '.\' '~'3::~"':'\ '~:;;":'i ,,} ~.', .,''- ~ii;' :;'~;,;: ~T~:~,~.t; ,;.:;~::.:~~.~ .":}J-.";'t.",,z,-
v ' ~ ~s - ~ ,:,,_;,r;'i'_',.:<: ~,~~.. ~>,:",,: '~'_5~~;.:?1:'_;;n::~{;:' ) " ~~\ -.... ~ :i~ "<;->t~ ~/ ;;;.';~:~ '~,"~ :}~'{~7, :-k)~~.~-~\ ;:.~,/':"?,-;-:. ':~ ;7"':: i~ ~'~ ,.:{
-"';f"':: . .... . .- ;.:'.:,<:::'..'c~,,:,::,';':::"'/~.::':';i,.'t\);.::;,:~:',"'-<ei,~ ";Jt;;,,;,;.:J~~'k>"
, ..' 00'" ' '.' ;C,' ~,~"...i;c;~.,:;..,..c'.:_e<,;:,'b-.,,,'i..,,:,,,," :{"'-,'i
,; !.. :}:. - '. . :;,. '.. <"~ " ".~' ':'. . .~:T','.:':-'" -'-'i;':'-':;":"':~~"~""':':i:
... ,. . .... ,,' > ,.',. ',' :<ii",~.""". ". ",:;"',.. ..:. ,:.:.. ,,' ,;',~:,,",...:.~,
". .: .' . '. ..', ,:" " .:,' ...... . .i',. '. .' "'.. '" . ~, ".'" "
.;.;.~~ ',",' ""'-"';''>;'\;;<,'':.::~',':;',:.:,';-~
"".:,. .. , .' ' .. .. -' ". ./...,'..... ..... ' ."-,,,," .
';;: i, ,.... '.. I . .: . '" :..... ";': : '::. .:". ~:", .'::: ..... .
~1}~:J) if.. .. . .. .... .;. 1:' .."'~:")'~~'~~'~::/F{f;j;f,:l~;~~~;ij[ir .q,:;
;. .- ~i::/ iT> ...'~: .. . ",:' '" :.::..:.-..,....?}::;g::~.~~:~~;~?:j~~:' ,;".'
',.: ... ':-,",. . . . ' :.:' '.'..'., ':;:';,i. '.1.,:<
". .....:c.n i";.. '. ,.'.. .. ..-..... :.....'.c.... ;;,~~
.,* ., '. '... .' '.:: ...' '.;,;.,::', ',:...~
.... ",/:..<;,;'.' ,:' '.:, "J/;i,. . ,;X.
:;<.' :'<.:\: : ; .: .,::. .... I':'.' ::;'
;: ~:....;:< <,';, li'2Q ::~;~ .
': ~:.: '.~~":<::'.)':;'~:'C:~:;;;r:: /;L;F;:"';:,,;~;'~ :';:";~ t:
::':"':'>"L>;~i ;: ..,> '.,:t. ..;,;,';::,;;:
'. ..' c'" "
S:". ..:.... .... ,:' .... ',','S"F '2;~:i;t!;l <
.."'.' .....n. '.....:.........,
;"~r:",::';::;':;"):;:f""~;::"'" ,e
,'. <:> ;~~. :.':,' .:: 'f'.,';;:. .~:..,. .:~, i~~\
:~ ;;: >{>;:'/:';'~:i:':";'" "'. .'
.,. :. ,c'.,.., ... .:.... .' 'i.'" >::.;. ::'" ...:~
;~;i{', '.. ';'{'-:':'. .....>'.:..........',::\,...,; ",,' ....,:~,
" ....... .... ,',. . ".. ';..., ".'
:,,::,c';.:,' "?'..\; ':....;.:.i.<:,::..... ," ,..."' """". :".,>..,
....;,,;., ":>",,::.'>:' ..:;. ..\..
, . ,..... . . ...': .. '-';:";':' ' . ,.: . .: ,........ ,', . ",
r:~; :": :-;;;: ;"."/0 :T',,: .:L~ <~:':::::<!: ';':;, :''''0
'; ;;:.:~:." ^ ''':\';',--,:,,:.,,:~, '~>..~.:>'''''C''':'~''::':: ,;:..
..... .. .::.....::.'; . : '" ::\:.':~;:, , ... ....:'..::'.:.>.. :
,";"" ..' . '.. ..... ......
.. " " '.' '.::.,.' "" ,.,.;
'''.:'~:''.< ~~~~:2..,,_":~~'~"iL_:_ .. '.':.~~'~',.'
. .,', .. '..:.. .
>, : .. - l >. !l;':~; < .~
:: .",:
,,' ;.:;;'c',
..... .....:.
,:_":c~\r;
'-.
.'
VICTORIA N. WHEELER,
Plaintiff
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY.
PENNSYLVANIA
vs.
CIVIL ACTION. LAW
DOUGLAS A. WHEELER,
Defendant
NO. 97-1159
IN CUSTODY
CIVIL TERM
ORDER OF COURT
AND NOW. this \Cc--, day of , b"~ )C'\ "( , 199 S, upon consideration oflhe Complaint
filed in this maller, it is hereby directed that the parties and their respective counsel appear before
~" ~,\,r\C\c\~14plhe conciliator. at ~.,cl \ ) I-I) 11'" \~, 1\-\(1\-(1'1\ ( \.\\19 ,Pennsylvania.
on \rJ:>c\-.,e~ the \ K day of ffl), '111--1-' 199~. at I C;( I o'clock p.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 deline and narrow the issues to be heard by the Court. and to enter a
lemporary order, All children aged live 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.
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 COURT HOUSE
I COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA ]7013
TELEPHONE: (717) 240-6200
FOR THE COURT,
BY , )~1I,G~\. 'j\ ~,\ HY\(\r\.~!~tp~ ,
CUSTODY CONCILIATOR (l\~~\J
l
.
k
l
"
5. Since the date of that Order, the circumstances involving the custody of the children have
changed significantly in that the PlaintilTordered the parties' oldest child, Ross Wheeler, to move out of her
home and demanded that the Defendant have and continue to have custody of Ross Wheeler in the future,
6. As a result of the change in circumstances described above, Defendant wishes to have primary
physical custody of the parties' oldest child, Ross Wheeler, awarded to and confirmed in him.
7. The best interest of the children will be served by awarding primary physical custody of Ross
Wheeler to the Defendant because the PlaintilTis no longer able to provide for the needs of the said Ross
Wheeler and maintain a good relationship with him while the child is in her home.
WHEREFORE, the Defendant prays this Court to modifY its Order of 5 December 1997 by
awarding him primary physical custody of his son, Ross Wheeler and by maintaining the custody
arrangements for the other children in accordance with that Order.
~
Attorney for Defendant
Supreme Court ID 17225
525 North 12'" Street
Lemoyne, P A 17043
(717) 761-5361
&NOV 2 4 14~1!
VICTORIA N. WIIEELER,
Plaintiff
: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
DOUGLAS A. WIIEELER,
Defendants
:
: NO. 97-1159 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COUnT
72u- 5/ /117
AND NOW,/l upon COliS idqriltion of the a ttached stipulation For
Custody Order expcuted b~' both of the parties, it is hereby ORDERED
and DECREED as follows:
1. The Victoria II. Wheeler and Douglas A. Wheeler shall share
legal and physical cllsto(ly of Ross Wheeler, born 1-7-85, Abby
Wheeler, born 2-13-87. Keith Wheeler, born 11-15-89, and Blake
Wheeler, born 8-15-91,
2. The children shall attend school through the East Pennsboro
Township School District unless both parties agree otherwise.
3. The children shall reside with both their parents by
spending one week in the physical custody of their mother and one
week in the physical cllstolly of their father. The parties agree to
regular and free access to the children on that parent's "off week".
4. The parties further agree to provide each other with
information concerning the health, education and welfare of their
children on a regular basis and shall encourage each other to join
in the decision making process as to the children's sChooling,
medical care and other important issues associated with their lives.
5. The parties also agree for two years after the date of the
Marital Settlement Agreement, that in the event Wife is available to
provide care to the childrl'!n during the summer months, she shall do
so during Husband's weck of custody. Husband agrees to pay Wife the
sum of $40.00 per day for providing this service, during such two
year period. After Sil iei two years, the pat:ties will continue such
agreement only upon mlltua t consent. Father shall provide Mother
with one week advancp noUce in the event that Father does not
requi re child care dUt'ing any of his weeks of custody during the
summer months.
6. The parties a"r",e that the pick up ilnd drop off day for the
week on/week off physicill custody schedule shall be Friday.
'I. The parties r"cognize that there may be circumstances from
time to time which may prevent the exercise of custody at the agreed
dates and times. To that pnei, the parties agree that each will give
timely and reasonilble notice to the other of the existence of such
circumstances and will permit the other a reasonable period in which
to enjoy time with the children to make up for these lost periods.
8. In the event of any serious illness of the children at any
time, any party then having custody of the said children shall
immediately communicate with the other party by telephone or any
other means, informing the other party of the nature of the illness.
During such illness, each party shall have the right to visit the
children as often as he or she desires, consistent with the proper
medical care of the said children. The word "illness" as used
herein shall mean any disability which confines the children to bed
under the direction of a licensed physician for a period in excess
of forty-eight (48) hours.
p'rlPUJ~!~!Q1! FOR_CUS'l'OP..'LQ!lDER
WIIEREAS, victorIa Wll('el"r if> thn lIatnral mother of four
children, Ross, hblJy, Knil:h iII"l IIJilkc \'/hcplC',';
WIIEREAS, Doug Whee.1er is l,he l111tUl'ill ralher of said children;
WIIEREAS, the parties init i ally agrf'ed to a custody schedule in
a Marriage Settlement Agree1neJl\: dated Hny 20, 1996;
WHEREAS, victoria Wheele' fUed a Ctmt"dy complaint seeking
modification of that cuntodv p~reement;
WIIEREhS, victoria Whee.1el is repref1enl:ed by Joanne II. Clough,
Esquire and Doug ~lheelel' is l""llresented by Silmuel Andes, Esquire;
WIIEREAS, the partips hnv(' reached nn agl:eement regarding the
modification of the orig j,nal c1l5tody agl'p.emen\: and it is now agreed
as follows:
1. The parties ShD II sha. e legal nnd physical custody of the
children born of this marringf'.
2. The children shal.l attend school through the East
Pennsboro Township School Dj 5trict unless both parties agree
otherwise.
J. The children shall r.eside with both their parents by
spending one week in the physi'~al custody of their mother and one
week in the physical custody of their father. The parties agree to
regular and free access to the childl"en on that parent's "off
week".
4. The parties further agree to provide each other with
information concerning the h,.,alth, education and welfare of their
children on a regular hasis nnd shall encourage each other to join
in the decision making proC''Jss as to thf! children's schooling,
medical care and other imp..rtant issuer; associated with their
lives.
5. The parties also ngr'1e for two yent"s after the date of the
Marital Settlement Agreement, that in the event Wife is available
to provide care to the childrqn during the summer months, she shall
do so during Husband's week or custody. Husband agrees to pay Wife
the sum of $40.00 per day fOI' providing this service, during such
two year period. After snid two years, the parties will continue
such agreement only upon mutual consent.
Father shall provide
Mother with one week advallce notice in the event that Father does
not require child care during any of hiR weeks of custody during
the summer months.
6. The parties agrep. that the pick up and drop off day for
the week on/week off physical. custody schedule shall be Friday.
7. The parties recogllize that there may be circumstances from
time to time which mny prevent the exercise of custody at the
agreed dates and times. To that end, the parties agree that each
will give timely and reasonable notice to the other of the
existence of such circumstnnces and will permit the other a
reasonable period in which to enjoy time with the children to make
up for these lost periods.
8. In the event of any ,;erious illness of the children at any
time, any party then hav i ng custody of the said children shall
immediately communicat'J with the other pnrty by telephone or any
I
l-
I
.fi
i
I
I
I
I
I
I
I
I
j
I
I
I
other means, informinq the other party o( the nature of the
illnesR. During such j11n"sf', each party r,hall have the right to
visit the children as o(ten a,; he or she dC'r,ires, consistent with
the proper medical carl' of th', sai.d childn!ll. The word "illness"
as used herein shall meiln any disahil j ty which confines the
children to bed under the dir"ction of a ]ieensed physician for a
period in excess of forty-pigltt (40) hourR.
9. The parties sha II exert every reasonable effort to
maintain free access and unhil1npered contnct between the children
and each of the parties, an" to foster a feeling of affection
between the children and the "ther party. Neither party shall do
anything which may estrnnge the children (rom the other party, or
injure the children's opinion ns to his mother or father, or which
may hamper the free and naturill. development of the children's love
and respect for the other parly.
10. Each party agrees th,; s stipulation r,hall be reduced to an
Order of Court.
IN WITNESS WHEREOF, each party hereto r,ets forth his or her
signature intending to be 1eg;111y bound.
l (
Witness
'I ./'"
rlj ,
I.. '/ 1
,
, .
"
~'
~ ,;:.
Wl nes~
{
C:JfJCi..l~
,
t/O V
Douglas
~ \l) ~
0
..
I~ (") i.11~
~ ;C O~
a... Cl;:j
C) jrn
n.
u. ;~
III c:l (T'm
lUll
if W (UC-
lA- S
l5 CD
0' <J
E~~
e.~ .~ 8l
3 iQ.i!-
~ ~ t!!:: ~
~ ~ i~!
..c"'oil-
gpi ~ ~ ~
o~'"
- '"
U 01;
.
. ~
demanded Defendant Father to have and continue to have custody of
Ross in the future. By way of further explanation, on December 25,
1997, the child Ross had an argument with Plaintiff/Mother at which
time she agreed to let the child stay with his Father temporarily
for a few weeks so that the parties could work on issues with Ross
and his relationship with his parents and the other children.
6. Admitted in part and denied in part. It is admitted that
Defendant/Father has taken advantage of Plaintiff's acquiescence to
permit Ross to remain at his house for several weeks and is now
using said circumstances in an attempt to gain an advantage and
seek primary physical custody of said child. It is specifically
denied that there is any change in circumstances warranting a
change in the primary physical custody of Ross Wheeler from shared
physical custody to the primary physical custody of his Father. It
is further averred that it is not in the best interest of any of
the Wheeler children that they be separated or that Ross remain in
the primary physical custody of his Father.
7. Denied. It is specifically denied that the best interest
of the children will be served by separating the siblings and
granting primary physical custody of Ross to the Defendant. It is
further denied that Plaintiff is no longer able to provide for the
needs of Ross Wheeler and/or that she is not able to maintain a
good relationship with him while he is in her home. To the
contrary, Ross is a 13 year-old boy who is adept at playing his
2
parents against each other. Defendant Douglas Wheeler has failed
to support Plaintiff in disciplinary issues with Ross in direct
contradiction to professional advice rendered to the parties
through psychological counseling.
WHEREFORE, the Plaintiff/Respondent victoria Wheeler prays
this Court Deny Petitioner/Defendant Douglas A. Wheeler's Petition
to Modify Custody Order of December 5, 1997.
COUNTER-PETITION
B. Paragraphs 1 through 7 are incorporated by reference as
it set forth in full here below.
9. Since the entry of the December 5, 1997, Custody Order
and since the parties initiated the shared physical custody
arrangement Defendant Ross Wheeler has continually interfered with
and disrupted Plaintiff Victoria Wheeler's relationship with her
children by continuing to refuse to back her up on disciplinary and
other parenting matters.
lO. It is clearly in the best interest and permanent welfare
of the four Wheeler siblings that they remain together and not be
separated.
ll. It is in the best interest of the Wheeler children that
the current custody Order of December 5, 1997, be modified and that
primary physical custody of all four children be granted to
Victoria Wheeler and that reasonable and liberal periods of partial
custody be granted to their Father Defendant Douglas Wheeler.
3
~ '" 1;;
0
6 M :5<
~fi C):,.:'"
::t: o~
~~ CL. (.:,)>
~ 5~
Z
u::ll.1 CD ~5rn
FE w me.
...... :E
l5 a:l a
01
-
>':5. <
..r::l =
~~ J ~ 8
~Is;:;
~1.JtE
= illl
o ~
iT. ,... ~
~ ("':
~q c:: -)
rf' (.) :-r.
~) - ~J~
Ci.: ."
~[' "'-\~J
(". <XI ,.~-
C. 0_0,,)
LilL. _~~I Z
-' ".:2
u.:\" c;-' lllltj
1"; u.J ~~o.
l.>-
lL <X: =>
U l7' U
E~~
0..1( ~
~~ .-!!l
~ m i~ ~
~8A':~
~.~f~
Oll~ ~'$ is
::3 ~:c
o c;;
o ~~
.
c:\pleading\wheeler.pet
VICTORIA N. WHEBLER, . IN THE COURT OF COMHON PLEAS
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. CIVIL ACTION - LAW
I
DOUOLAB A. WHEELER, . NO: 97-1159 CIVIL TERM
.
Defendant . IN CUBTODY
.
PETITION FOR CONTEMPT
AND NOW, this _ day of
1998,
comes Petitioner, victoria N. Wheeler, by and through her attorney
Joanne Harrison Clough and files this Petition in Contempt and in
support thereof and avers as follows:
1. Petitioner, Victoria N. Wheeler, is an adult individual
who resides at 109 Lee Ann Court, Enola, East pennsboro Township,
Cumberland county, Pennsylvania.
2. Respondent, Douglas A. Wheeler, is an adult individual
who currently resides at 3 Clendenin circle, Enola, East pennsboro
Township, Cumberland County, Pennsylvania.
3. The parties hereto are the parents of four minor
children: Ross Wheeler born 1/7/85; Abby Wheeler born 2/12/87;
Keith Wheeler born 11/15/89; Blake Wheeler born 8/15/91.
4. The parties separated in June of 1996, and since then the
four children have lived in the joint physical custody of both
parents from the date of separation until the present time.
5. A Court Order was entered December 5, 1997, specifically
setting forth the custody arrangements the parties had agreed to in
1
,.
a stipulation of custody. A true and correct copy of said custody
is attached hereto, made a part of and incorporated by reference as
Petitioner's Exhibit #1.
6. On December 25, 1997, the oldest child, Ross Wheeler, had
an argument with his Mother at the conclusion of which he contacted
his Father and returned to his Father's residence.
7. Defendant, Douglas A Wheeler, spoke and agreed that Ross
could stay at his Father's house for several weeks so the parties
could work on parenting issues with Ross.
a. since December 25, 1997, Defendant Douglas A Wheeler has
repeatedly refused to return Ross Wheeler to the physical care and
custody of petitioner every other week in direct violation of the
CourL Order of December 5, 1997.
9. The Defendant, Douglas A. Wheeler, is clearly violating
this Court's Order of December 5, 1997, by refusing to return the
child to the Petitioner in direct violation of this Court's Order
of December 5, 1997.
WHEREFORE, Petitioner, Victoria N. Wheeler, respectfully
requests this Honorable Court to hold Douglas A Wheeler in contempt
of court for his persistent failure to return Ross Wheeler to her
custody in direct violation of this Court's Order of December 5,
1997, and further asks that this Court direct him to pay all of her
2
reasonable counsel fees, costs and expenses she has incurred as a
direct result of his flagrant violation of this Court's order.
Joanne Harr son clo
845 sir Thomas Cour suite 11A
Harrisburg, PA 17109
(717) 540-5100
I.D. #: 36461
3
j
f1
"
I;
~ ," ?;
(0:
t:? .. :'';j;
~9 ("; ()_::
- u~";
c) u: (.l'.::!
Eb.
~~' .,....:!)
("I lX' . ~l /0'-:
L' (,'-:-
JU- CC I 'JiLt
Et~'J U-J ~.~ 8-
~-: u... ..-
>-iI: <
..cl ::s :::
&l< .~g
3 irlci\r::g
~ I If--
~ 8:;~
~ I Iff::'
1i~Jc
Og'"
Ol<~
.
c:\pleading\wheeler.ans
VICTORIA N. WHEELER, I IN THE COURT O~ COHKON PLEAS
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
I
V. I CIVIL ACTION - LAW
I
DOUGLAS A. WHEELER, I NO: 97-1159 CIVIL TERM
Defendant . IN CUSTODY
.
ANSWER TO PETITION TO MODI~Y
CUSTODY ORDER AND CROSS-PETITION
AND NOW, comes the above-named Plaintiff/Respondent, Victoria
N. Wheeler, by and through her attorney Joanne Harrison Clough and
files the following Answer and Cross-Petition to Defendant Douglas
A. Wheeler, Petition to Modify Custody Order and support thereof
avers as follows:
1. Admi tted.
2. Admitted.
3. Admitted in part and denied in part. It is denied that
the parties separated in September of 1995; to the contrary, they
separated in June of 1996. It is admitted that since the date of
separation the four children have lived in joint custody of both
parties from June of 1996 to the present time.
4. Admitted.
5. Denied. It is specifically denied since the date of the
December, 1997 Court Order the circumstances have changed requested
in Defendant's Petition for Modification of Custody Order. It is
further denied that Respondent/Plaintiff demanded the oldest child
Ross move out of her home and it is further denied that she
1
,.. I.."
,
demanded Defendant Father to have and continue to have custody of
Ross in the future. By way of further explanation, on December 25,
1997, the child Ross had an argument with Plaintiff/Mother at which
time she agreed to let the child stay with his Father temporarily
for a few weeks so that the parties could work on issues with Ross
and his relationship with his parents and the other children.
6. Admitted in part and denied in part. It is admitted that
Defendant/Father has taken advantage of Plaintiff's acquiescence to
permit Ross to remain at his house for several weeks and is now
using said circumstances in an attempt to gain an advantage and
seek primary physical custody of said child. It is specifically
denied that there is any change in circumstances warranting a
change in the primary physical custody of Ross Wheeler from shared
physical custody to the primary physical custody of his Father. It
is further averred that it is not in the best interest of any of
the Wheeler children that they be separated or that Ross remain in
the primary physical custody of his Father.
7. Denied. It is specifically denied that the best interest
of the children will be served by separating the siblings and
granting primary physical custody of Ross to the Defendant. It is
further denied that Plaintiff is no longer able to provide for the
needs of Ross Wheeler and/or that she is not able to maintain a
good relationship with him while he is in her home.
To the
contrary, Ross is a 13 year-old boy who is adept at playing his
2
(,
1:;
,
parents against each other. Defendant Douglas Wheeler has failed
to support Plaintiff in disciplinary issues with Ross in direct
contradiction to professional advice rendered to the parties
through psychological counseling.
WHEREFORE, the Plaintiff/Respondent Victoria Wheeler prays
this Court Deny Petitioner/Defendant Douglas A. Wheeler's Petition
to Modify Custody Order of December 5, 1997.
COUNTER-PETITION
8. Paragraphs 1 through 7 are incorporated by reference as
it set forth in full here below.
9. Since the entry of the December 5, 1997, Custody Order
and since the parties initiated the shared physical custody
arrangement Defendant Ross Wheeler has continually interfered with
and disrupted Plaintiff Victoria Wheeler's relationship with her
children by continuing to refuse to back her up on disciplinary and
other parenting matters.
10. It is clearly in the best interest and permanent welfare
of the four Wheeler siblings that they remain together and not be
separated.
11. It is in the best interest of the Wheeler children that
the current custody Order of December 5, 1997, be modified and that
primary physical custody of all four children be granted to
Victoria Wheeler and that reasonable and liberal periods of partial
custody be granted to their Father Defendant Douglas Wheeler.
3
~ ~,,', ~~ ~ .,~'
,:~':: ~.. ,u:~ '~'" ~. '. ~ ", "0 ~ .
',,"" ."_ . ..... >).Cz"'~\.~,,;o. '~~,~.~.~,}.~": ,.' ~~ .,..,~ "~',;.~ '... .., C~.<' , ' ~.'~," ,~u...., ~,~..
. .~,.:...'. ...... . .,^. ",.',,"CP. +,,;; ]1;""" .,. .' .' .' . ",;. C.,. ., ., ,'.' . ."~.--c;),,, n... . . .'. ''''
-:" .. ;.,:~.~:::,..,,", ~;~""">' ~,~~.., ':"::':[;':~'; '>. ,'. ,', ,..,"~>'~: ~, ,'0" -: ';.", '.~, ~'~ :,,'~'>~";"~:"'~ ~:"~'~:';C"':~~:~;';~"".":"..",.O O::~'::;..'.~'
.:::;~>;: u <:.:."'.0:...;..: ...<'-<""'.' <'::~ , ;. '. ",':'. ;'.: ,~;.'".>.. :'L~ .';"';":."~ >",'" ..-.c..'. ~,< "'; ,: .' \ '.<' :~': '. ,,,:.: ,.':, . ;~~. ;', ',;,~ ,:, ;'. "
.",,,,,"..,. '. '" . 'i"~. ,c '" ,,"" "'.,. .. ~,.' ",., n" ,....c,.'. .' .' C ~"!;,., ",",. . ,
. . ,""~. ~ '. "".c.. . .. . ... 'c.' . " n~'" w~ ..~ .,;
.'0 ..". " ..ffij ",.:. .. .,..' ff.' C' "ey,. "'.1' " .,C " . , ..'... .~, .. ~" ';",'} "~:~" ::
"',,""" . . .,.. .. ... .':, . . ," '.,,, .. '.,
, ' ' '-, " ' .:', '. '. :,,',; , '-,"'."'
.. . .'. ..' ' " . .. ..
,. . . .N. .. ,. , .
.',", "..
.
)'" .;j;
=
..' .... .
.:'..~..,!. .".' .." . . ':. ,: .:.;', . , :/"\ '.. :..,~:. .: '.';: ',;,; '; ; "."',:,':" ",' ',"' i
:,>l:; . '. ...., ., O:::J::...."., . y:'., .. .'". .." .,. ..,. . .:
..' ' ,,~: '. :: ,.',.' 'oo "0'" <'~J'.r,{'v, '. '''~:i:~ '
,}'Ii: i: .(; ,. .. .:. ;':~ ':';~;~,:~,,':;\\'i;;;,~!:\(#;~\}:6:,~> f'~:~\
..';" J,:::ftir1': ro. .i'if ',," . ';t:'t'~~} '....}." .'~~;~:'r\' '(;;~;1;::N'::: ,.,::r;' C:L>,'" .~';:',"~;~J.,,:'{,),:;'(.i;i~ ,: ':~':,~l"i!J'<" '.!;~;. : :;'L ': ' '....'~' ,,:~'
,'. . .:,~,O'" ,-~~~~?:;: ,.' ~. .' yO';,;"'"'' ,...',',;"..,',. .' .,...."..., ,,'. ,." ,...... ,,',," ,,"""'.
_, ;,.' "';> " ,. :,,,. .,' .,... -""C' -. ..' '. ". C.,'., ....,. .... . ..' '. .. . ...... ".'. .
"7lli:;:' -<<,.' ,.;;.~..., :,. ,',;:.";,',",. ...,., "1.}.'% /:,!/~,!"Y< .'F:"':'l"';,.,'7,\.,le':Wl' ',C./'::' L .' ...~"l<!. O'
"y},,:,' " ." "",.\ ',~, ' ,O;:~':L'':'" .),<," ....".:\i~...~)} .'," ,,' < .. ':i "e.'" "',r' '.;.~ ..',"p ..', . J:' . ';'1 ."
. ~",.. .. ~'" '," , ... .." ,c.," '. '.. ".." ,,,,. ,.. .... C' ..,,-,' ~". '<'" " .
u.~-j~: 1';-} <~ '"'" _ '''Y';:J'':'---~-~-'L-,j:.:~x\.'lr:~';}::':E'''''{t'~~(i;t'!l'>'-l';.',,.."'=>~- :, ;-,_lc:.~ .{",-"""d,j A",:"-,~r>!~::",lti'"
. l,j." ,...,~ ' ," .. ". "".,.." " " , ,,' ,~ .... .....' ,
,r ' ,.' . ' . . . ,.. .'H. ,.,,'.' ,.,.'. .". . .," ..'.. ",,, ".....,,,
. "'~, oj. I " !i. J .....' .'.,'i.,. '~~'f":.. ;,,",i'o . "ii):',.' .-". . ~
_,.' _ .~,. . . ....... ,J' . :!eI,.,,' ..,. ."." ,.h'" "."
'Tic ~,;S, r .y;, ~ .,;,: ~~~:)i, ":;,' f:;'::~;:,")~f; J:.~ ~~; :t"'i"~, .
,., ,'" . ' . :<?,. . .. .. F . ,." .., ".' ;;', .,~, ., ,... .,... ,... . .
. . :. ..,. . '.',' . .:,~' <,:' I~. .,.d it.C.'.;S.>" ,,,.10'\~,,2:C . . ':. ':: ;'.: 'i. .
. ,ii,,;; ...:..... .....: .:i,f;';;'~":" '5i1: ;.,;;.:/;>.; ,; J"f:
,.~ c ; ,,',.',. "<.~~'~ .J ,C, " !.', ,,':" . ' . .'f ":- 0<'.' .or" .....' .' ^ ,:;:,:~,::~:!.:~ ' , , ,
.'" :(,;,' .~>,': ',':. ':',":S::;i:iif['1i;i';~;::;3J:'.
.': .:<,~," ',' ~ ,", ",'. ; _,<; ,';:;'::,':.:' '::'f'\Y "/ 'X~: ': /': , :",.'"i.'': ", :,'L,,',,'.~, '-".::,,> ,..', ;"r"~"0~i.
::;':";\, .~, "., ::,:' ' ': ';i~...':;':;>'~:;':':\ : .~': :?,.2:} )i.'t::;'\'=:;t"~<:':~E,::..L~;; .~';:F;,"\;",:;'.':~';: ':' '
, ' c< .." ;. ' :'.. c';:"," ,,:0' ,...(.::;.,::,:,"".::::,:"" ,:-; ,; ',.,.,. '," :,
~..i<,~. .,,:. . . .' . .. C' 1'.:-:. . ...c.'c-;;r .. ..~ .... "'".U': ,,,:,.; ". .
;.~~:! ,;'; :y, .::" ,.0: ,.;,...:. :",;'\ <""~';:',;::;~'~;'~:l' ''''-;::,'}':';'':~ ':'c';,'\'~~;'~;h2""~'f0! ~;'.- ~.'" ,:, 'C
L". .. . .., ::.,..... .,)i .'.'..N"~ .,..';...".' - ,
, ,i. ,., ,"' .".. .. '. ... '.. ;:t.:. . . .C. . ,i;: . ,.. . :;,.:. . .'C,: ... . T
,.~ It;; 'C' ... : , , ",' .;;:.". ..,;,,' ,:;: \, ;~frt!l":l. f~(;.:; ..',-.:
.., HF.."i!.. ' ".:,. Y .'. ..., ..' ,'. . ,i.:\ii' ., ~ .,
': ii: }:~..: '. -.:,. .. -.. . .'. .::..- .': .,', ',i,'~f :::thl') ~ ~:,'
".,. .'. ,'..'. ........ d".'~.f~"
:'..," ,..~;c.,,',,:-;~l,;':,:,-,;', .' ";:,,;,,.' " .' ;";..,</,,,.:.,:;;:~.(;:~,t'S;l/~:'';:~!:~{~J't~>I'~:i,!!.;~::':.~:
. . ,. ' ..' ,. .,.'. ,.. ". ... .'. ' '. ."......
.:;,~'j, ';. '> ,;. f'T.' .. r, . ';':"~'\f':i.:~";.,<t:~.,,,-,,:,.~, ,::;:': ;:','!.;,;~:.,Y: ,,,,,,"';~j.:r'
.' ~~, " ..../.'''',,::,, . ::' ,,~'_' .", : ~ " 1:-,' '.'.., .,.., "'''';;:':'''?f:':ij'~\$,':::t''';'~:'':~1 ?S".',~ ';1 i~" ,:"i' '1'f',1,;.!,':.i:;
: "::",,e:;c:.; :;'.,::::'.::,"';' '.... ": :Y:;'! ';.::::.::' ';i.":;??:rd,';""'; ",,. ,,'..,. ' ;, .<; f:;.,:'c......': y'l,::::.., ....!.
, :,:.,,'/,Y: ~,,: ,;-.., ,:.;:':'::', ::.::' ',',' .: '~ ,,' ' .' " " ;':';:'. ::i,,'-:"::" ..'":' ',! ,.:: ,:':g:"0';'f:>"ri:~;~'~::~'
,:, . . ' :,~:t;. ::.;;.." ' ... ,... . ",,,,:,~ ',"'.' c.;.... . .;,.. .tA.;,..o';
,n C'..':;;>::;I.:::;. . '., . ... . " v,.. ..'. ," .... ., '.
, ',..;;' '.',. .'.. U:;:~)i :;;:,~;-,~,~~:.~~::?~1f;~{itr~ ~~~';{~;i;::,~,,~~::::,;,:'(~,;:l~'o.. .};:~'~;,~
.' .. ..... .."" , . c . . .,.I. ... ,.. """""t. ,;;:;,' :;",.;;.; j. ;,y:.;1tf:" .'
.. .. : "... .:. ;;,.:~: f"' ('~' .,;;. ." "'" 1; 1if.' .";-
',::' ".."'.;.::'x\ ' '{': . ,-::,.:"'''''::i!', ',;".., "..,;:: " ,,'
:~..,. ":,:, "',,."... .' " .'," ,",,; ,::.,:.,.:c . ,~,'/;k
" ,; "., ..' ,. :,.;,y... .....-,. .' '... "."
Y" ':;;;E;:;:"'.',i;.".:;.',;J;<~:", ';,~~,;~~~ :;,.;,':':~'" ~~~;0~~~~ '",' "
, ;.),.;;":::;... '; ",.::':::::: '
... ~~,''':'';' . _'",,' ';', '~';"'~'.':;:~"! " '..',';.. ':. i:;.
:'.>'... ..": .;';... ',; " ,,'" ,.':" , . .' ',.: ,~; ':,,;~ ',;' '. . ,'''.,'
~;"~"~'~..,,:~{'" ' ':., :::;!'. ~.." ~~~lt: ..
,;, ,t. .:, : ,.);.;>':";,;,,,; ;;: <.':'" ,; ',:' . . ;~':
~'" .' .,':'.:: .' ,,:}, ~':,~;.::.', '/ ..'~,.."'; .
,.' ~,::.' ;F;::i .::~:,".:..",\.;j:: ,," ,.;
;;>,;"i'i};;; ;';:k'.;
(':.,.", .... '~" . :.~~k;.;-;.;~
,,:: .:: X;.\~1~l:
,;.. ',.. , n . '.
. ';:;~~: ,:.\ ~.; G~~ .."
, :,' .' ,.::;'> ;: J' :':;.~::;;:~!
, "." ,:' >'i ",:',,:::' ..' :.;:::::~;,J~+:::~i'-" ,"
, :;';,:, .-;: '.:J "",:::://:,.,:::/ .'..,,' '..' ,y';'
,.,:,;,:., " ;':, .,'; ,.' ,," ,,'..;';,'... ",};..tjt'::'~"
.' " ' ," . .",:;..., >,:,...-,-:::':,", .;,'
..
-' <.~
3. In late December of 1997, a problem arose between the Plaintiff and the parties'
oldest child, Ross Wheeler, age 13. As a result of that dispute, the Plaintiff ordered Ross
from her house and the child called his father to come pick him up. The Defendant did so
and Ross has resided in the custody of the Defendant since that time.
4. The Defendant subsequently filed a petition to modify this Court's last order of
custody, requesting an order granting him primary physical custody of Ross.
5. The Plaintiff subsequently filed an answer to the Defendant's petition, asking the
Court to award her primary physical custody of all four children. At the same time the
Plaintiff filed a petition asking this Court to hold the Defendant in contempt for failing to
return Ross Wheeler to her custody on an alternating-week basis.
6. The parties have not been able to resolve this matter through negotiation,
themselves personally or with their attorneys. The parties met with Dawn Sunday, Esquire,
the custody conciliator appointed in this matter, on 4 March 1998 and were unable to reach
agreement.
7. Ross Wheeler still desires to reside with his father and adamantly refuses to
return to the Plaintiff's custody on a week-to-week basis. Defendant is reluctant to force
the child to return to the mother's home, for fear that there will be further difficulty between
mother and child and the child will not run to the father's residence the next time.
8. Defendant proposes this Court rnodify its current order to grant him temporary,
primary physical custody of Ross Wheeler and to set a schedule for the mother to have time
Ii with the child, as set out in the proposed order which is attached hereto.
II
",'l.
, .;;'~; '-, ; t
,; .~: y"
.'"
'."
.,",'
,
'.Xl,
-,--.-'
'..\
,
,-",' ,
~
..
VICTORIA N. WHEELER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
vs. NO. 97-1159 CIVIL TERM
CIVIL ACTION - LAW
IlOOGLAS A. WHEELER, .
.
Defendant . IN CUSTODY
.
QUlIlR OF CXXlRT
AND tDI, this /(},.-lIJ day of . )')2 a -'t ~L , 1998, upon
consideration of the attached CUstody Conciliation Report, it is ordered
and directed as follows:
A Hearing is scheduled in ..fourtroom. Lj , of the
Currber1and County Court House on the UJ.S:{ day of '-) ') / i;1 (, ,
1998, at/:JOo'clock lL.m., at which time testimony will be taken. At
this Hearing, the Fatner, Douglas A. Wheeler, shall be deemed to be the
moving party and shall proceed initially with testimony. Counsel for the
parties shall file with the Court and opposing counsel a Memoraodum setting
forth each party's position on custody, a list of witnesses who will
testify at the Hearing, and a sunmary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten (10) days prior to
the Hearing date.
BY THE COURT,
A/L
J.
cc: Joanne H. Clough, Esquire - Counsel r Mother
Samuel L. Andes, Esquire - Counsel for Father
C-e.j>-'vJ ~(l 3/102./'18.
.>1. l'
-..-'--................i..."'JlI - 17'-[ Mf ~!
,.
..
VICTORIA N. WHEELER,
Plaintiff
IN THE COURT OF CCX>lMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
vs.
: NO. 97-1159 CIVIL TERM
OOUGLAS A. WHEELER,
Defendant
:
.
.
: CIVIL ACTION - LAW
IN CUSTODY
PRI~ JUDGE: George B. IIoffer
ClJS'Ia)y CXH:ILIATIOO SlNWU' RBPCRr
IN ACXXlmANcB WITH Cl.IlBBRLAND <:amY RULE OF CIVIL J:lOOI '" .JRB
1915.3-8, the undersigned Custody Conciliator submits the following report:
l. The pertinent inforrration concerning the Children who are the
subjects of this litigation is as follows:
~ DATE OF BIRTH
Ross Wheeler January 7, 1985
Abby Wheeler February 12, 1987
Keith Wheeler NovenDer 15, 1989
Blake Wheeler August 15, 1991
CllRRBNTLy IN ClJS'Ia)y OF
Father (Mother/Father
by prior Order)
Mother/Father
Mother/Father
Mother/Father
2. A Conciliation Conference was held on March 4, 1998, with the
following individuals in attendance: The Mother, Victoria N. Wheeler, with
her counsel, Joanne H. Clough, Esquire, and the Father, Douglas A. Wheeler,
with his counsel, Samuel L. Andes, Esquire.
3. In June, 1996, the parties entered into a Marital Settlement
Agreement which provided for shared physical custody of the Children on an
alternating weekly basis. Subsequently, the Mother petitioned to Modify
the arrangements, a Conciliation Conference was held on May 20, 1997 and a
Hearing was scheduled. This Court entered an Order on December 5, 1997
based upon a Stipulation executed by the parties agreeing to shared custody
on an alternating weekly basis. For reasons which are disputed, the Father
has had custody of the parties' oldest Child, Ross, since Christmas Day
1997. The Father filed a Petition to Modify the existing Custody Order to
reflect his primary custody of Ross and the Mother also filed a Petition
for Modification and Contempt. The parties were not able to reach an
agreement at the Conference and it will be necessary to schedule a Hearing
in this matter.
4. The Father's position on custody is as follows: The Father
indicated that on Christmas Day 1997, the Mother and the parties' oldest
Child, Ross, had a dispute resulting in a request by the son that the
Father pick up the Child at the Mother's residence, which the Father did.
The Father stated that the Child will not voluntarily return to the
Mother's custody under the alternating weekly schedule. The Father
expressed a concern that if he were to force the Child to return to the
Mother's custody, the Child would not seek help from the Father when
problema arise in the future but instead would turn to other less desirable
alternatives. The Father believes that it would be in the Child's best
interest for the Father to temporarily retain primary custody of Ross while
the parties obtain a custody evaluation or otherwise attempt to work out
the situation and return to the alternating weekly schedule. The Father
believes the problems in the relationship between the Mother and Ross will
continue. The Father requested that the current Order be modified to allow
him to have temporary primary custody of Ross until the custody issue has
been resolved by the Court.
5. The Mother's position on custody is as follows: The Mother
believes that the Father should be required to return Ross to her custody
inmediately in accordance with the existing Order in order to prevent a
situation in which Ross believes he is in control of the custody
arr:angemeots. The Mother stated that prior to Christmas Day 1997, there
had not been an incident in which Ross initiated a change of custody within
the preceding six (6) months. The Mother does not feel that there is a
serious problem between her and Ross but believes Ross is a notmal 13 year
old. The Mother is angry and distrustful toward the Father and believes
she is being manipulated. The Mother indicated that she has never felt
that the shared custody arrangement was good for the Children and believes
the Order should ultimately be changed to grant her primary physical
custody. The Mother stated that she has only seen Ross for a brief time
since Christmas 1997 and requested that the current Order be enforced to
require the Father to return custody of Ross inmediately. The Mother
proposed that a custody evaluation be perfotmed, and in the meantime, the
alternating weekly schedule should be enforced.
6. The Conciliator recOllllleds an Order in the fot'lll as attached
scheduling a Hearing io this matter. As the Conciliator declined to
recommend a change to the existing custody arrangements pending Hearing, it
is anticipated that additional petitions may be filed with the Court for
temporary relief.
/Y1~cA- S- I q 'i &'
Date I
Da~
Custody Conciliator
"". ',...".".."...'.' . '.,. n~.\~..L,.~';'."."""" ..,.~~.'~,~n,~:n,... ..'.., ."<.' .,' ,..',..
,'....':c';,'..~,..,'.,.~,....'..~'... ' .~",";..'" , , . , .. '.. ...."....., ."...f...'" ," ".,. ',.:':",.,......'....,.',..,'c,'..:;:",.:.::"" ".....,
.~<::~..n. ,~..::'~...:/:,' .' . ,..., ,':'~:C.. 'i:<~:,' <\1..;'....<:.>;.:;.
.:;: ';, '."..'::. ";,' ~:;7,c<,. , , >.......,.". , .. ',\;~; . ,', . .', " C," '''Se";.,,..'::'
.".. .... .........: .....c',,;,, .,..,'.....', :,' '.', ',.;" :" '..,., ' "f. ," ,.', ,'~':"". ," '-,..,;,;,.:,
,: '.,.-;' 't,',', , <; '" ,,' >" '. '
'." i:'. .";.. .:' :, . ,c"c
,'co.,
.. j
'... ,'... '..n... ... 'j
l<." ,.,' 1
" ;!i, \,',',:.,,'" , "" I
',". , " , u.,.,.. 'n" 1
_",' ,i',;>."'" \ -. .,' 1 '.;.:~- I
.." '.. , . " ,.,' , ' "lit' , ~~."
:....:,;"'....'.' '. ,',' , ' " '..:',.' .,'.'..' ',.': . ,,,,,-"~ ,
" ..."",'. "," ":,:' ,,' '... " " ,,';" ,. "...., '..'., .. ,'. .,;::,'.. '1
-_-c. ~. ""':"'::--':-'_ >:.~~~'. ~.~- . . . _~' 'I- ,~'. 'i'Ij,-: "~:' ...~,':~-~-... t~"fo'_:" - :':~'. ~ :
,,,,:",,, . .' :,;":':'" '.. "',.C,....., ....,,, ".." d! i
'~i;\~'~ .. .', ,; >.. '-::i':':::: "':';"""" ::<. :>,,~:'~/:'r;it4.'~"!;~~:~:<<\:.~, ; ,
~!:'~~:{S:I:t:_"-J,;\'r~~,c::-, - '~":?{:_::: -, ,:ry~,;_,:t~;'-~_.\;c" ~r,:._, __,~." : d.T"~'-~'-tt:'~" '. ~1.1i"t;1;-.~;-::~"O:;I?i; ,,'I' ;:: ~r;'._~,: ~~ _r, 1
;.><.-'_ :Dt:::i:?-::);..'_.;. . -_:~::;;:-;f J'. .\}; ~..:-;(~:.! - -:. (/~'{ , 'i < - < "';4 ;>' ":-t1t'"."'" :V-:" !3. ,\",:'1 "'~J..\,:r,~'\:'h. ~d~..;~;-i~:~< ;.J".,~~. ;. f-,~,; '; '~ J . !.
~- _.,'>:-::,~<:"'\._~~'.~";;- --- ,,-",>~.,,-!,>,i;;.~;~::,i.\;} - ".-.'. ~ -~ ~~~~~i:;u~;-'}"-~>~:/';;\O;'...:~...i'.:.~~~:;;t'~' ..:;$~'_.H" *" "'~"-"'~"""":-;-"';-1' ,
~?:"" ":r<';.<~ ,; '~~J < , ~:'-,"" >~~,~ ~ .,: ~:'f'{~ :'~^.~ -. '.'- : ~~~~-~~ :""':i-' ~~; ~ ~:~~'~:. ",;' "l :~!;~~;t:;,,}{~~ ~ ,:~,~:~~t'~~ ~1tS~C:I.~~i+~~.J~:~; O;',!~~":: :~~ :^~; <-- ~ ~ i
t'''::.;', & .,.:_' ~\,,:~,,''-:J<i':.~':;..f<ff.-t. ",;7:'::7{::o","'"">-- .,;..;---'!:""C'\\1t'':<T::..~~'I~f.;~".'.'~~~([r;.,,~'''-f/,',l':,t:~-,,1,~1..ft,<->_>, '- 1
~r~' ~ .~~: :E~O::_I:'?i~-L=~2~_;;i :;;:~; _, ':;:';,': - -.: ::._ ~ -;::~i.-;{:::d'$~:~-{;.j~.o:~: :~J:.'tr,is !::/-:. _:: ~')~:f:t:(~~~ :f~:j?;;1:Y:*--t~~;,= -:~:;~~:;,,_..:;..>,.: .:~!;:~: \~~;. -~- .~:'-. !
. _'v>,T~ji";.<c',;;~~.,.';... ~! ""_,,",,,,'," <~";'}'-",;):\1'}J.-" '~l.,t.~,~>,'.>'}<ti; "~_fl_;..._",, >:r;'~,,-,,>'>-l%."'-"1' t'",- -~>-, ._T.,~ I
r,.; ^ ':.~.:::);>.-~..--:.,-. ' ., . ~ ". 'j<c'';'::;'" ... \-,.~ """~ _" '~?"--_'_'"+}, _ 1 .P' f'~ ',4 ~ "L,"'; ,-,"" , -
"',~ ~,'^" ~;'::j.-;;'.f\.--(.; , ',,". :~}~-:{.: '- ". -' .~ . - . ..,'}.'::'>;I ',~': "Y'~ ."'1', l ,'~".' I '~~ ,..... ~1 H"t "!ri'> J'l .'",- ' ,
;[;~ J~:}:~;.\ '": ':~~ ~ \:_ J:::~~x:,::~:LY>/.'-};~: ~{:-t;~t.:~,:~:':X~(;~ ~~~]:;~ :.l~ :-~~;:."::~?~; :,~i:~~r 1t}+<~~--~' ~ .:~~~;~~.'~fE t~t:h.~~;I/:~l{J,~ ~~~~ 7:;; "~~, ' ~~: ~j
.....' ..",' , '..',. )~:'::;::';:".: 'e ,.".. ~"'.', " ,e""", '. v".".", rd"? ,-,'
, ~,~ ,
..
..~ 'P' h" "....."..;' ..'..,..'::. :':"'.: "..:'.'.:, ,.'1 .",'>'.'."( ....,' '.'", . .,"...,{:';"';.;i:~;'.~.,h..,., ..;....,'..
._~ _T~ ~'~ __. //::_--:.:-;,::,:)::;----:.,-' -';'''/'..''' , "-':,;J:i~' .d::~ It ." u>; >'c~ ._j..1 .;;;f;;./;/;::'::'~'''~' -;:~~;/-s;Yi1 .'''-'''''' "::"__':;X;i'iA-,,,' ~
, ,;~':;;/ ;'X,:< .:.:: ::. ,,:,\',.:/':ci;; '~ 'i~';:' " :',;1/f'i-?:~'!:i:'F,;X~i::*;:~\!r:'\,.."ij:"...~;;:~. ", ','0,;' ;;.""'..,'.., ',.,,",_.
7,:;};;,.'",."/",, ;;;,;,' ,::<'"..,.,.., .,....:':.';.:', ,:"d' ',' I'"'' '.,'-~.'" . " ,". ~~",,;',.','.;,
. ;,'...':,..,./'" ,..', .i','..' ':." '.+'': :",;,.::",,'::":i,j"'":;:~;' "., , ,:>::'..~>'
...".,',..;;'.'. ',,, i.,.." . ..... ,," .;1"...,.":....;:.' ,,:', .'.'....
7;;i>=:~: .:": ...." .. ".':' . :';,:~,..~:~:t ',';:)'\:.'.;,,;:;' 1ll;,,',.l j;c:~~
":/j",:;'::-/",', ' .,," . i" .:'".;;:;<;,f:~:,':f;~;;::: a.~ti:~,
~:"~~:.' . ...... ~: .... . . .';f~~~~;~;,~:~";;;~:;~f,:j~! U..
'.," ':;,,;; , , , " "...,.' ." ;:':::~{."";:; ,;, ~;) /. , " 'st i ~ itl ;
".'/'.::,;..: '. .,.:;.;::.(:': . ;',: '.o" I.;' ;'. , '~~Sa ", >l' : '<,,'
" ' : . ,;," ,', "',.' '.'..' , ... ~ ~..,
'.....>.";.,....' ...' ',' . "h,.., :;" ".,',..' ~ '4' .. ~
:;.....' ..,",..,'"...' ';.".. " ;.... , .:....',;...':;' ..','.'.; , 10 ':, .\<
.;~";::>'." ., f"; .. . ,"':'; j-';":::~',;:";...:,..", ~ '~1i' :',"
'<.~.\""'<'/ ", , ,"ji;>:.':;, ..". ':t.'...Y.': c::~ :.,.:;' :~,",},
...';.:/'.:::<;:.. .. ,;,.<;.~:~I: ,,:',..0' :~;:::>!:.,~: ~<:~:;:;.:;~ '.
..,j.;.....,"::.;'J:',':.". ;" ,'''.. I':,''',~'; ,:_.i'i:~i t~;,' ~,;::;:':f::::;j;..<..'...~,j,' ,
',... ... ':,; ,,"" '., ".'..', ,H..;';""O;, "
""..,'., :'.,........" ,. .':,;:..:..,.,,' ", ,:""
'...... :.,:,; ,; ..:.'..:.",..,,"" "C..,,",:..:;..;,;. ;,:.~
" ',';' ': " ":,",':",;',' . ,,' '.e ", ,..." .::,
.. ;:': "..,', '''.''.?;;"..,';';'' ,.;;..,.'.":~.,:<'.' ';" :. ic.,,;:.."', , ,... ..,'..";.', Co'
'""'" " .'..., 'y'..}".,." , .,..,' '; ",' , ' ..." ,.."
':',:'.'..'. ..,..';...:': ,;' :....', :<::;..,.', .,'..'.,.::' '.c'...:; :.,..,.;,. '. ,',' ,,' ..
,.,' , ,', "..'.;;" \,\:.:.. .,' :; '.' 'c,:.:,;::;: ; "'.,
iC':; ,;/ '~,: i"':::}':.,:;(::' ".' :.:..;~.: ~ ,~:',;:.' '
" ,;....;;::. ':". "..\.">,) ,'" ".
:, ";, " ,,' ,..., ::;: ..'.>/."
::;; ::.;
'7.;~
'... /~ ,'~5'~
,
:;: ".
:'1J .J
,,: ;",:,~.:,;: ....'
.-: ;::;';',:
".
",', ",';"':c,;
,. '>;'.::.. /;
::::,' '.'
',;
;~i;~ /
";"",, .'
:,' "',"," ';:':
~.;;;
i,
.. c'
". '\ .;-;,
',: 'i"
>- (") >-
C!; C': E::
~: .<..
.. ~:l."(
0 -
w-. t)-
..j;;:"
uf. :x: . 'l
a: .' """ L:l ::i
9i!'
CI .~. >-
(") ,.U)
~b- I '1..;,:
:.'~ CD
lei :;;:: '"
-..: ~ i':.i a..
f-. ., ,',
15 co ::J
0' U
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 97.1159 CIVIL TERM
IN CUSTODY
VICTORIA N. WHEELER,
Plaintiff
DOUGLAS A. WHEELER,
Defendant
STIPULATION
AND NOW comes the above. named parties, by their attorneys I'Jho have signed
below, and stipulate and agree as follows:
1. The Plaintiff and Defendant shall engage in a course of family or parenting
counseling, commencing in September of 1998. They shall each participate in three
counseling sessions by the end of 1998 and in one session every six weeks thereafter
through the end of May 1999. They shall share the cost of the counseling equally. If the
parties cannot select a counselor by their mutual agreement, their counsel will select the
counselor.
2. The terms and provisions of the Order of Court in this matter dated December 5,
1997, shall remain in full force and effect and the parties shall abide by that Order until
further Order of Court.
3. The parties jointly request the Court to enter the attached Order to implement
the terms of their agreement.
IN WITNESS WHEREOF, the parties hereto have authorized their attorneys to
execute this Stipulation on their behalf.
I
~~
~ ~tAn e
Attorney for Defendant
'.>'.:"..'..', u 'U.,.. .U;'::-" -..,".~, ...'. '.".'"....,. "',>. . , . '.' <,...'.',. " .. ". ..',','... .
';:. ., ,~c.:~~_... '..,....:;:......"'."...','.".,..,,..',...~:,c..' ,'...:.c ..'.....,..",..,...U..".,'.~ ,:.-i..,., ..f.'C" ,.(,:"\',.,".
. _ ~'~....."',,' '..,.. .'.._, .' ..;.. ....- ....:' ",' :. :~..--, .. '.': "i" ..,' ", ':. '; :.,":," ...,'" ,'." '.: ..,...;."--...."
.... . Tc.;....:; .C" ".. .>. (;-.-:....5->:'....'. <<;-.:. ,;,Co .:-';':.
:. ..' ' :;~ .>1' ,'.,'i;";: ;: " ..' , ';'. ...".
'::,:::
:;:.'..;,,':.'
'.
,:;~",~;>i{~;;;1~:c::. :.. ..... ,,'~Y')~~l\~~;~~~:'~~~2,~'~~i,ijii;:~~,~
. ,-. !s.. -1. . """- - . <ii .., . ". .., ,. ..' ......., ..'... s ,........ ,."...
~j~'-'.i..~~::. _._'\;.-~]1~~;,~~~~~I~~:'~::~-:,~~f1~~,
",if" ,~ ~lfi ",,, ..",.... .. " .. ,'.',.., l~'" '", .,6,.. ,<,..' , ',-,""," ", . ,,'. i' ,..,..".k ,.."
, ;",:c" " ,._, ,,,,,,,...0 l.t;::< . . .',_', .....,..;}.".-:';>,,;.,~,,:~' : i" C'~~, ',_,..;0-', _,.~. u,'''(',~,.' '" t." ,"1'-';',i};-,1.,...,.,.c~:I: ::'-;,.~: ~~,."_,:~1',,;'_:>'r', " ,..
'~-'~-5;- -, i" . ,- ",pO_' .\....'<, --'."','" -..", ...q,..-,. ;~'1.\", ""~""""')..~t,... ~'-,!,,'.-;,1.~~"'~ ".
; , ..~~:;'..:'>,:;,,',:,::'~::',:.::'-'. :,: ~ ",.",-;' '~, .,/:
',' ' ,'.-,,;:::,,;,.:" ":,," ':',";":':., "c. ' ",' .', '
,,";". ,.', .>;r" ,.,'<'ti>.,;,/ '.' ;; ,:; r~ ;.'
i.." :<:':;;.'~"'.,:;:" ';'.. ,..',~..:'>:';.::~,',.,':,.'i:: .,'..,;...,.:;,,;' , '"
?:},:'::}r;~':'~~' ':i~~:
~~~"'.:_;::,~':' :K'\:":: ",' , :. '."ciJ..>.:L~
; ,P;ris~.;',.'''':',>;~ ,..:,~-.',;':'~~\~:"{~?' ':;;~:)L~':/ it: "
.If.. (""J'I! '. .' ,,' .' ;"'... > ',;:, Co; /, ..;::i',
:""0:11"",":',, . ....;,'.,.::: ,~':' ::.' 'J(; :-'" .'..;:::.J" ": ,...z'
.."m,C!l;::~, '. ',', ,." ,:,..:.;.::,::/:, ".,.,t , .., :;;;' .', .,).,' ,.' ;.<: ,:'.,;
'.'" gO'., .' ',.. '. ..:',,:,:" '... ...<' '):,'." ,. ,,;..:::', "'; ';:,
:',:: :::;, .,"'.'. ~ ',- ' "('~/,' ':':': ' ,"" ; '-:,;' : ;,.;,
>.~' "."1, ,...~,;:'" ,', ,.,:/,::S:
..., ,'..., , ,....,.,. ..'... ':;..','...
, " , ' ..... '.' ....... . ,"
. ..,. ;,.'.:';":" ;,'; ',',.,.:\ "";" ;:: :>..';..:,
'.. ':-- ;','..;','" ,c" '." ,< ",,;;',C< .:::.;,,~; ;:,.~' .......
.. ''-', c'.'';'',. ..', ,:;J';',.~:."" :.;"'; ", .,'
_w. "01', ,.' , ~" ," ". :;:;
", c',:";' "',,:...;';','...;: ;,:;:,' ".' .: ::.i
,,:>::'::;-,"':~~,,)...':.:; ;';;~'~:::..J ' '.. }r",
i <:" ,j:/,:,.",:,. (~ ;;.~~;; ',7'/;' /};
'.. v, ........,: :;", '. ,(y: .;:~;(; :1;f
f,.;":'<,.:,:~'../", ,. ':1;; :;
;"::: . .... ..,' . "... H'" .,',,/...".,'.' ^:
:~;K~~:"',./;/.. ::';~:c1"';~"";'>~':;":~;;/:';":~; ~~1~:
"..: ',:,.' ",-:;,;:,;,..:.';.;"':..; ',''':'c'':~
, ", '''>:':,,:~',::'''::'. ',..." '...".:'
;':":'<,,:::'::;;;''':.,:, :::;;~':,:.:.:';"': '.
..,:,:;:::~:::>..,L"';":/;e ::.';$ ': :::;,:. '0:
',;,:'.":;::?);,:. :,... ..\ . :,'. ;'::~j
, .. ',' 'J.',,:'" .. ,";:'
:j >':,:";C;.,,... "<' >i; ':\,,;
":' :' '::", ,', ' :'.:, ~;": ..', ,-;, :;:
'.. ! :':>~::,i ,;"/;,,;., .
.' <..,..':( , ,
\'..-., ... ".', ,'.. ,.<~:j
'.':-':.,' ',..~ ,.,.;:;
. ,;;:, ,:..,,;,,:;~~-,,:
' " .....\ ';';'':
" ' ",.."-
'.:: . ' ,.
" ,";:'" ,'. "
:....,i:...,;,,:' ..
l' ,\ ~;
..3~~~~~r'f ;:~~f~~i~:
" ':,.;:":'..,,' ,":-;::,,' ':".',:,
;;.;,., '.'....; ..', :',',,' ,: ' -, " ,
", . .. '. '. ',' . "'. ~
, .. ,;:., ,
'.:J,
!&tR~;:~:;.':' I
~!mi! I~
U~~ j
.
~
st.,."
Il
.
oC
a
","m '
.' ,- ',.
'.
VICTORIA N. WHEELER, : IN THE CXXJRT OF c:xx-lMON PLEAS OF
Plaintiff/petitioner . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 97-1159 CIVIL TERM
.
.
.
OOUGLAS A. WHEELER, CIVIL ACTION - LAW
Defendant/Respondent IN CUSTODY
aIDER OF CXXlRT
AND ra, this J~ (?(
consideration of the attached
and directed as follows:
day of {( !f )II b. ,0
Custody Concll ation Report,
, 1998, upon
it is ordered
A Hearing is scheduled in Cpurt Room NO..y of the
Currber.land County Court House on the II Ii) day of $( /, III I) ~
1999, at ~l:J!) o'clock, ~.m. at which time testimony will be l:<\ltlln. For
purposes of this Hearing, the Mother, Victoria N. Wheeler, shall be deemed
to 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 each party's position on custody, a list of witnesses who
will be called to testify at the Hearing and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least ten
(10) days prior to the Hearing date.
BY THE CXXJRT,
J.
cc:
Maria P. Cognetti, Esquire - Counsel for Mother
samuel L. Andes, Esquire - Counsel for Father -
c~",.~.& 1:L/3/9f'.
..;.. P
4. The Mother's position on custody is as follows: The Mother
believes that the Children should primarily reside with her because she
feels they are not receiving the assistance that they require with school
work at the Father's residence during his weeks of custody. The Mother
indicated that she is a teacher and does not work during the summer. The
Mother believes the Children should be with her during the summer when the
Father is working because she is available. ACcording to the Mother, the
Children attended daycare last summer during the Father's weeks of custody
even though the Mother was at home and desired to provide care for the
Children.
5. The Father's position on custody is as follows: The Father
believes that, with some minor problems, the shared custody arrangement has
been working well. The Father does not believe it would be in the
Children's best interest to change the alternating weekly schedule which
has been in effect for over two years. The Father believes that he should
be entitled to make arrangements for the Children during his periods of
custody when he is at work as this provides a time for the Children to have
contact with their other relatives.
6. It should be noted that at the end of the Conference, the Mother
requested that both the Thanksgiving and Christmas holidays and school
breaks be equally shared between the parties. The prior Orders of this
Court do not address holidays. Under the regular alternating weekly
schedule, the Mother would have custody of the Children in 1998 over both
Thanksgiving, Christmas Eve and Christmas Day. However, the Father would
have custody of the Children from Christmas night through the following
week as the parties regularly exchange custody of the Children on Fridays.
The Father indicated that he had already made plans for the holidays and
was not willing to make new arrangements at this late date. The holiday
issue had not been raised or addressed between counsel prior to the
Conference. As the Conciliator declined to recommend a change to the
existing custody arrangement pending Hearing, it is anticipated that
additional Petitions may be filed with the Court by the Mother's counsel.
7. The Conciliator recommends an Order in the form as attached
scheduling a Hearing in this matter on the Mother's request for
modification of the existing Custody order to change the arrangements fran
shared custody on a weekly basis to primary physical custody with the
Mother.
i2~._ _J ~ . .Jt>~
Dawn S. Sunday, Esquire '
Custody Conciliator
)J~ dJ. r. t'i9. [
Date .
>- C:I '>-
cr: c: .
i'~ .. ;-1._
It.'(: .- f. '..::
( " . ..
f ~ '. ;.i , J' J
,
C, i ~, ,....
C~ I ,
lll--'- ,. "
' , I oJ
((I : "'
'n ~ ;
,. '" )
U 0' U
,
.. . , t
>.~ <
~..J=
e.~ ,l! g
3 ::!ci1;::g
~ i ,--
~ a~i
~ ~ tF:'
fo~~:!c
=' ! ,b :!
oe'"
Oll~
.
,
,
. .
. .
. .
said Order is attached hereto, made part of and incorporated by
reference as Petitioner's Exhibit 1.
5. During the summer of 1996 and the summer of 1997, the
parties four (4) children were in the physical care, custody and
control of Petitioner, Victoria N. Wheeler during her week of
physical custody An4 on Mondays through Fridays during Respondent
Father's week of physical custody during the hours he was at work.
6. ApproximatelY one month to go, Respondent Douglas A.
Wheeler agreed with Petitioner victoria N. Wheeler that she would
have physical custody of the children during the hours Douglas A.
Wheeler worked during his week of physical custody for the summer
of 1998.
7. On or about June 11, 1998, Respondent, Douglas A. Wheeler
advised petitioner, Victoria N. Wheeler that he would not be
sending the children to stay with Petitioner during the hours he
was working during his summer weeks of physical custody with the
children and that he would be using a 16 year old babysitter to
watch the party's 13, 11, 9, and 7 year old children.
8. Paragraph 16 of the parties Marital Settlement Agreement
specif ically states that Mrs. Wheeler would watch the party's
children during Douglas Wheeler's weeks of summer custody for the
1996 and 1997 calendar years. Said Agreement further provides that
this shall continue upon mutual consent of the parties. A true and
correct copy of said Agreement is attached hereto, made part of and
incorporated by reference as Petitioner's Exhibit 2.
9. Paragraph 17 specifically provides that both parties shall
2
,;."":":IOo'fO ......~.~:.......""'.
".
use the same day care provider for the children. Petitioner
Victoria N. Wheeler does not agree to use Mr. Wheeler's 16 year old
niece babysitter as her day care provider, nor does she agree to
permit Mr. Wheeler to have the parties four children watched by the
16 year old for forty (40) plus hours a week during his weeks of
primary physical custody during the summer months.
10. Petitioner, victoria N. Wheeler is a public school
teacher and has always provided primary custodial care for her
children during the summer months. Mrs. Wheeler turned downed
summer employment as the East Pensboro Township Playground
Supervisor for the summer of 1998 so that she would be fully
available to spend quality time with her children each week during
the summer months.
11. It is in the best interest and permanent welfare of the
four (4) Wheeler children that they be with Mrs. Wheeler during the
hours Mr. Wheeler works during his weeks of physical custody for
the summer months. It is not in the children's best interest and
permanent welfare that they be in the care of a 16 year old for
forty (40) plus hours a week every other week during Mr. Wheeler's
period of summer custody with the children.
3
WHEREFORE, it is respectfully requested this Honorable Court
enter an immediate Order directing Mr. Wheeler to leave the
children with Mrs. Wheeler during his working hours during his
weeks of physical custody with the children during the summer
months.
Respectful y Su
Ha
o. 36461
845 Sir Thomas
Harrisburg, PA
(717) 540-5100
4
st., llA
provide care to the children during the summer months, she shall do
so dUI:ing Husband's weC'l~ or custody. Husband agrees to pay wife the
sum of $40.00 per day for providing this service, during such two
year period. I\fter snid two years, the pal:ties will continue such
agreement only upon mutua l consent. Father shall provide Mother
with one week advance notice in the event that Father does not
require child care during any of his weeks of custody during the
summer months.
r,. The parties agrrw that the ph:k up und drop off day for the
week on/week off physical custody schedule shall be Friday.
" . The parties recognize that there may be circumstances from
time to time which may prevent the exercise of custody at the agreed
dates and times. 'fo that end, the parties agree that each will give
timely and reasonnble notice to the other of the existence of such
circumstances and will permit the other a reasonable period in which
to enjoy time with the childl:en to make up for these lost periods.
B. In the event of any serious illness of the children at any
time, any party then hav ing custody of the said children shall
immediately communicate with the other party by telephone or any
other means, informing the other party of the nature of the illness.
During such illness, each party shall have the right to visit the
children as often as he or she desires, consistent with the proper
medical care of the said children. 'I'he word 11 illness" as used
herein shall mean any disability which confines the children to bed
under the direction of a licensed physician for a period in excess
of forty-eight (4B) hours.
STIPUI,I\'l'I_ON ['OH CUS'l'llU'i ,OHDER
WHEHEI\S, victoria Wht'el"r is the natural mother of four
childron, Ross, Abby, Keith al",] nlakc \~hecl(>[';
WHEREAS, Doug Whee.ler .is \:he natural father of said children;
WHEHEAS, the parties init i ally agreed to a custody schedule in
a Marriage Settlement AtlrCellleJlt dated lIay 20, 1996;
WHEREAS, victoria \~heele' filed il custody complaint seeking
modification of that cu!'todv i'qreelllent;
WHEREAS, victoria \~heeJ.el is representell by Joanne 11. Clough,
Esquire and Doug ~lheeler is r('l,ll:esentctl by samuel Andes, Esquire;
WHEHEAS, the partios have reached an agl:eement regarding the
modification of the origin"l cl'!;tody agreement and it is noW agreed
as follows:
1. The parties shall shal e legal and physical custody of the
children born of this marriagC'.
2. The children shall attend school through the East
Pennsboro Township School Di strict unless both parties agree
otherwise.
3. The children shall r.eside with buth their parents by
spending one week in the physical custody of their mother and one
week in the physical custody of their father. The parties agree to
regular. and free access to the children on that parent's "off
week".
4. The parties further agree to provide each other with
information concerning tllC' h"illth, educal: i on and welfare of their
children on a reyulilr hasin I1nd shilll encourage eilch other to join
in the decision makin'J pl'Q('~SS as to the children's schooling,
medic"l care i1nd othl:'r imp'lrtilnt iSSUP!1 i1ssociated with their
11 ves.
5. 'I'he parties i11so ngr'1e for two y"ill:S after the date of the
Maritill Settlement Agreement, that in th~ ''!Vent wife is available
to provide care to the childr'm during thn nummer months, she shall
do so during Husband's ~Ieek or custody. Husband agrees to pay Wife
the sum of $40.00 per day fo" providing this scrvice, during such
two year period. After silid two years, the parties will continue
such agreement only upon mutual consent. Father shall provide
Mother with one \~eek advance notice in the event that Father does
not require child care durinq any of hifl weeks of custody during
the summer months.
6. The parties agree that the pick up and drop off day for
the week on/week off physical. custody schedule shall be Friday.
7. The parties recogniz'! that there may be circumstances from
time to time which may prevent the exercise of custody at the
agreed dates and times. 'I'o that end, the parties agree that each
will give timely and reasonable notice to the other of the
existence of such circumstilnces and will permit the other a
reasonable period in which to enjoy time with the children to make
up for these lost periods.
O. In the event of any ';erious illncss of the children at any
time, i1ny pilrty then havi.ng custody of the said children shall
immediately communicate with the other party by telephone or any
Carey Daley, Esquire, in reaching this Agreement, and Husband acknowledges that he was
represented by Samuel L, Andes, Esquire, in reaching this Agreement. Both parties represent that
the terms of this Agreement have been fully explained to them by their respective counsel.
5, EOUITABLE DIVISION
By this Agreement, the parties have intended to effect an equitable division of their marital
property, This division is not intended by the parties to constitute in any way a sale or exchange of
assets,
6, SUBSEOUENT DIVORCE
A, AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood
and agreed by and between the parties hereto and each of the said parties does hereby warrant and
represent to the other that the execution and delivery of this Agreement is not predicated upon nor
made subject to any agreement for institution, prosc;cution, defense, or for the non-prosecution or
non-defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any
action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor
to prevent either party from defending any such action which has been, mayor shall be instituted by
the other party, or from making any just or proper defense thereto, It is warranted, covenanted and
3
represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable
and this warranty, covenant and representation is made for the specific purpose of inducing Husband
and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby
waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason
whatsoever, unenforceable in whole or in pan, Husband and Wife each do hereby warrant, covenant
and agree that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any pan of this Agreement.
B. ENTRY AS PART OF DECREE - II is the intention of the parties that the Agreement
shall survive any action for divorce which may be instituted or prosecuted by either party and no
order, judgment or decree of divorce, temporary, final or permanent, shall affect or modifY the
financialtenns of this Agreement. This Agreement shall be incorporated in but shall not merge into
any such judgment or decree of final divorce, but shall be incorporated for the purposes of
enforcement only,
C. MUTUAL CONSENT DIVORCE - The panies agree and acknowledge that their
marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent
to the entry ofa decree in divorce pursuant to 23 Pa,C.S,A, Section 3301 (c), Accordingly, both
parties agree to fonhwith execute such consents, affidavits, or other documents and to direct their
respective attorneys to forthwith file such consents, affidavits, or other documents as may be
necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.SA Section 3301(c),
4
.....
II. PAYMENT OF SPECIFIED OBLIGATIONS
The parties agree that the following constitute joint marital obligations which shall be paid by
the following person:
@
A. . W:FE -, All personal obliga!ions a~~.ru.ed sinpe separation) ~-d <>1P: \"2.1 }.....:-+,-U,lL
~u.~ fW'l'~1 Ma"'"".I'(~c\)';)p'oClc.:..~\S (.~.l.\I:>O.".....a :IJ""",,^ S\v6 J~.
B, HUSBAND - All personal obligations ac"l:rued since separationl ..... d ,.lc.-,q -I., "-\ J.
Jr ~Q. ~(\:,. fw"t M.~S~Gtd>~~~)Q.\'~ C::rb'~l ~d ::S:v.J'~ ~_... ~
]2, LEGAL FEES
Each party shall pay his or her own allomeys fees,
13, ALIMONY
Husband agrees to,pay to Wife alimony in the amo~nt of$700,OO per month for two (2) years) Q
V" Itb.~ 1')~('erl;~,I..,"'o!..-kd {\.;.J.')~.~,:I 1-:;:, ~.(>" s p'~J~~\v.)~l-r.
The parties agree that this is the full obligation of Husband for aliirThny and that this provision shall
not be modified by amount p~w:ation.Q&:-iI\Jlll!t:Othct.1lSPCCt)
The payments made to Wife by Husband shall be alimony and, thus, income to Wife as defined
in Section 71 of the Internal Revenue Code and shall be deductible to Husband, Husband's o~liga~!on n
0/ c.u~.:lbi~;:.'7 ~
shall tenninate upon the earliest to occur of the following events: Wife's remarriag~ Wife's death or)
Husband's death,
7
14, PENSION PROGRAM
Husband is a participant in a 401 (k) plan through his employment with West Shore Radiator
Works, Inc.. Husband agrees to transfer to Wife a porlion of his 401(k) through a Qualilied
Domestic Relations Order. The amount due to Wife shall be calculated as follows:
A, The Dccember 31, 1995 value of the 40 I (k) plan shall be added to the net proceeds
from the sale of the marital home. Net proceeds is defined as the gross selling price less the cost of
....
sale and any capital gains tax liability.
B, The total of the 401(k) plan and the net proceeds from the sale of the marital home
shall be divided by two (2), The quotient shall be the total amount 10 be distributed to each party,
C, Wife shall receive a rollover from the 40 I (k) sufficient to tOlal the quotient deseribed
above after credit for the $30,000,00 Wife received from the sale of the home.
This shall be a non-taxable transfer and shall be rolled over into a fund designated by Wife as Q
shall be permitted by the plan. W \~e. .~\..d l ~ 4.({~ ~~,.,;:_ c\ (,u~ 1"\l u~~;., +V,~ ~~
With the el<ception of the interest described above, each party hereto shall maintain sole
ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired
individually or as the result of contributions by his or her employer. Wife hereby releases any interest
that she has in the retirement benefits of Husband accumulated as the result of his employment and
any olher additional benefits he may have accrued. Husband hereby releases any interest that he has
in the retirement benefils of Wife accumulated as the result of her employment and any other
additional benefits she may have accrued.
8
15. MISCELLANEOUS
All assets including, but not limited to. savings accounts, checking accounts, certificates of
deposit and life insurance policies shall be the sole and separate property of the title holder of said
asset.
The parties believe and agree, and have been so advised by their respective attorneys, that the
division of property heretofore made by this Agreement is a non-taxable division of property between
co-owners rather than a taxable sale or exchange of such property. Each party promises not to take
any position with respect to the adjusted basis of the property assigned to him or her or with respect
to any other issue which is inconsistent with the position set forth in the preceding sentence on his
or her federal or state income lax returns,
The parties have heretofore filed joint federal and state tax returns. Both parties agree that
in the event any deficiency in federal. state or local income tax is proposed, or any assessment of any
such tax is made against either of them, each will indemnity and hold harmless the other from and
against any loss or liability for any such lax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith, Such tax, interest. penalty or expense shall be paid solely
and entirely by the individual who is finally determined to be the cause of the misrepresentations or
failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns,
'~"
9
I
I
i
,
I
I
,
I
C, ILLNESS OF CHILDREN -In the event of any serious illness of the children at ony
time, any party then having custody of the said children shall immcdiately communicate with the other
party by telcphone or any othcr means, infonning the othcr party of the nature of the illness. During
such illness, each party shall have the right to visit the children as ollen as he or she desires, consistent
with the proper medical care of the said children, The word "illness" as used herein shall mean any
disability which confines the children to bed under the direction of a liccnsed physician for a period
in excess of forty-eight (48) hours,
D. BEST INTEREST OF CHILDREN - The parties shall exert every reasonable effort
to maintain free aecess and unhampered contact between the children and each of the parties, and to
foster a feeling of affection between the children and the other party, Neither party shall do anything
which may estrange the children from the other party, or injure the children's opinion as to his mother
or father, or which may hamper the free and natural development of the children's love and respect
for the other party.
I ;HI :f)
Fw -rlJu "t'-l-', ~J.k, V.. ~'>'\c. .::;.f
"I. Child support shall be paid by per month for the (J
support offour (4) children. Thf ~l-.~~ .'leY:\: '~~~i' 0...,).. ~v\J..-l. """':lA/ hl' .......~;~~ '
~ 4{,\,~,,,,~., c c.~. c..t P"lirw \\Jo-II~~I~'h\\., ~-J..~.'1Y.;;~/~
Husband shall be entitled to claim Ros~'ltnd Blake as dependents on his tax return for 1996
Ji(~/q~
,uft. ('. p
(#
and for all future years. Wife ~hall be entitled to claim Abigail and Keith on her tax return for 1996 D
and all future ycars. ~l "~h~,,,,() .:?-,.~ WJI!. ,')h~\\ U\I>. ~Q ~~....., 1..\...;-jC\ c.:v~ ~
r~\iJ. ~~.I h:./ +\;~ c.\, ~ ~\J~'" .J..,..~ ~\.... \\"'l\l p~ CJo,p - h~\+ O+-,",~+
C'l':.'.'~ 11
-.
Both parties agree to execute any and all documents necessary for these dependency
deductions.
18. HEALTH INSURANCE
Husband agrees 10 provide health insurance for the children at his expense, Husband als06~
&:.>"fL-"'~\~ u\ .
agrees to paY"a1l:ufthe childrens' unreimbursed medical expensesfntil-Wire"()btaill~ il 1\.j;ulaF-full-time
jgtfl Husband further agrees to provide health insurance for Wife until Wife is able to secure full-time
employment as a teacher under contract or for a period of two (2) years from the date of the divor:.c.!l"..
whichever shalllirst occur,
19, MISCELLANEOUS PROVISIONS - CHILDREN
A, College - Husband and Wife agree to participate in the payment of undergraduate or
equivalent higher educational expenses for the children. This shall include tuition, room, board,
books and fees, The children's needs shall be determined after the application of any loans, grants,
scholarships, work study programs or other available linancial aid and the net liability shall be split
equally between Husband and Wife,
B, Extraordinary Medical Expense~ - All extr,a~~dinary medical expenses (those not ~
~f""~\~1 b, ~t' ~Ihe.... ...,,~.h~lJ... S
covered by insurance) shall be paid~yo+I1I81J1IIliI, Husband agrees to reimburs~hese expenses to Wife
on a quarterly basis upon Wife supplying to Husband proof of said expenses.
l2
r
I
,
C. Estates - Husband and Wife both agree and acknowledge that they have financial
responsibility towards the support of their minor children, In considering that obligation, Husband
and Wife agree as follows:
I. Husband agrees to provide $160,000.00 of life insurance made payable
at his death for the benefit of his minor children, This benefit shall be structured such
that he will maintain $40,000,00 of death benefit for each child until that child attains
the age of23 years, It shall be made payable in such a way that income and principle
may be used for the support of the children through their minority and shall be
distributed to them at their majority or at a later date, as determined in the sole
discretion of Husband,
20, GENERAL PROVISIONS
A, WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they
have not heretofore incurred or contracted for any debt or liability or obligation for which the estate
of the other party may be responsible or liable except as may be provided for in this Agreement. Each
party agrees to indemnitY or hold the other party harmless from and against any and all such debts,
liabilities, or obligations of every kind which may have heretofore been incurred by them, including
those for necessities, except for the obligations arising out of this Agreement.
13
B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant,
warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the
other indemnified from all debts, charges, and liabilities incurred by the other aller the execution date
of this Agreement, except as may be otherwise specifically provided for by the terms of this
Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate
of the olher may be liable,
C, SEVERABILITY - Ifany term, condition, clause, or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term, condition,
clause, or provision shall be stricken from this Agreement and in all other respects this Agreement
shall be valid and continue in full force, effect, and operation, Likewise, the failure of any party to
meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the
parties.
D, OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will
forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes
or such other writings as may be necessmy or desirable for the proper effectuation of this Agreement,
and as their respective counsel shall mutually agree should be so executed in order to carry out fully
and effectively the terms of this Agreement.
l4
"'.--":7'::;;;bl~;':~~1f;n1~_.
E, ENTIRE AGREEMENT - This Agreement contains the entire understanding of the
parties, and there arc no representations, warranties, covenants, or undenakings other (han those
expressly set fonh herein.
F, WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver
of any of the terms hereof shall be valid unless in writing and signed by both panics and no waiver
of any breach hereof or default hereunder shall be deemed a waiver of any subsequent defuult of the
same or similar nature.
G. MUTUAL COOPERATION - Each party shall, at any time and from time to time
hereafter. take any and nil steps and execute, acknowledge, and deliver to the other pany any and all
fun her instruments and/or documents that the other pany may reasonably require for the purpose of
giving full force and elfectto the provisions of this Agreement.
H. LAW GOVERNING - Tltis Agreement shalllle conslrued and govemcd in accordance
with the laws of the Commonwealth of Pennsylvania,
I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shallllc
binding and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors, and ussigns.
1. NO WAIVER OF DEF AUL T - This Agreement shall remain in lidl force and effect
unless and until tenninuted under and pursuant to the terms of this Agreement. The failure ofelther
pany to insist upon strict performance of any of the provisions of this Agreement shall in no way
15
. .
VICTORIA N. WHEELER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1159 CIVIL 1997
v.
DOUGLAS A. WHEELER,
Defendant
CIVIL ACTION LAW
CUSTODY/VISITATION
WITHDRAWAL OP APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please withdraw the appearance of Joanne Harrison Clough,
Esquire as counsel for the Plaintiff in the above referenced
matter.
Dated:
q-l4?l
Jo
845 Sir Thomas
Harrisburg, PA
(717) 540-5100
LD. # 3646l
ENTRY OP APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please enter the appearance of Maria P. Cognetti, Esquire on
behalf of the Plaintiff in the above referenced matter.
Dated:
~~/c;07
,
.,
" ,
,.:.'
..
:
)
, I
I
" - -
_J -...
.. 0;,
'.'
VICTORIA N. WHEELER.
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY.
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO, 97-1159 CIVIL TERM
DOUGLAS A. WHEELER.
Deft:':ndont
IN CUSIODY
ORDER
AND NOW this ~. day of a...~ v .1999, upon the written
v
Stipulation of the parties as submitted by their counsel. we hereby cancel the hearing
scheduled for May 28, 1999 and enter the following Order to resolve all the pending
custody Issues In this case:
1, Legal custody of the parties' minor children, Ross Wheeler, born January 7, 1985.
Abby Wheeler. born February 13. 1987. Keith Wheeler. born November 15. 1989 and
Blake Wheeler, born August 15. 1991. shall be shared by their mother. the Plaintiff.
Victoria N, Wheeler and their father. the Defendant. Douglas A, Wheeler.
2, Physical custody of the sold minor children shall be shared by their father and
mother on an alternating week basis. with all four children being In the physical custody
of their mother one week. the father the next week and In alternating weeks with each
parent thereafter, The day of the week on which custody shall be exchanged will be
agreed upon by the parties and. in the absence of a mutual agreement otherwise. shall
be after school on Friday afternoons, The parties further agree that each parent shall
have free and regular access to the children during the week that the children are In the
physical custody of the other parent.
3. The parties shall provide each other with Information concerning the health,
education. and welfare of their children on a regular basis and shall encourage each
....
other to Join In the decision-making process as 10 the children's schooling. medical care.
and other Important Issues associated with their lives.
4. During the summer vacation from school. during Ihe days when father Is
unavailable to have the children with him because of his work, during his custodial
weeks. the mother shati have the children during the father's work day, If she Is available
and not working herself. There shall. however, be no financial compensation paid to
mother for caring for the children during those periods of lime, The parlles agree to
cooperate in scheduling the days during the summer when mother shall have the
children because father Is not available because he Is working,
5. The parties recognize that there may be circumstances from time to time which
may prevent the exercise of custody at the agreed dates and times, To that end. the
parties agree thai each will give timely and reasonable nollce to the other of the
existence of such circumstances and will permitlhe olher a reasonable period In which
to enjoy time with the children to make up for these lost periods.
6, In the event of any serious Illness of the children at any lime, any party having
custody of the said children shall Immediately communicate with the other party by
telephone of any other means. informing the other party of the nature of the Illness,
During such Illness. each party shall have the right to visit the children as often as he or
she desires. consistent with the proper medical care of the said children, The word
"Illness" as used herein shalt mean any disability which confines Ihe children to bed
under the direction of a licensed physician for a period In excess of farly-eight (48) hours.
7. The parties shall exerl every reasonable effort to maintain free access and
unhampered contael between the children and each of the parents, and 10 foster a
feeling of affee/lon belween the children and Ihe other parly. Neither party shall do
anything which may estrange the children from Ihe other party. or Injure Ihe children's
opinion as to his molher or father. or which may hamper the free and nalural
development of Ihe children's love and respect for the other party.
3. The parties shall provide each olher witn Informallon concerning the health.
educallon, and welfare of their children on a regular basis and shall encourage each
other to join In the decision-making process as 10 the children's schooling, medical care,
and other Important Issues associated with their lives.
4, During the SlImmer vacation from ~cho()1. during the day:; wher, father Is
unavailable to have the children with him because of his work. during his custodial
weeks. the mother shall have the children during the father's work day, If she is available
and not working herself. There shall, however, be no financial compensallon paid to
mother for caring for Ihe children during those periods of time. The parties agree to
cooperate in scheduling the days during the summer when mother shall have the
children because father is not available becauso he is working,
5, The parties recognize thai there may be circumstances from time to time which
may prevent the exercise of custody at the agreed dales and times, To that end, the
parties agree that each will g;ve tlmaly and rc; a~onable notice if.) the other of the
existence of such circumstances and will permit the other a reasonable period in which
to enjoy time with the children to make up for these lost periods.
6, In the event of any serious illness of the children at any time. any party having
custody of the said cllildren shall immediately communicate with the other party by
telephone of any other means, informing the other party of the nature of the illness.
During such illness. each party shall have the right to visit the children as often as he or
Clough & Murphy
Joanne If, Clough, Esquire
Maryann Murphy, Esquire
AlTORNEYS & COUNSELORS AT l.AW
845 Sir Thomas Court, Suite IIA
Harrisburg, PA 17109
(717) 540-5100
Telecopler (717) 540.9199
July 24, 1997
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Wheeler v. Wheeler
Custody Action No. 97-1159
To the Prothonotary:
I represent Victoria N. Wheeler, the Plaintiff and petitioning
party in the above referenced custody action. A custody hearing
had been scheduled for August 6, 1997 before Judge Hoffer.
Please be advised that the parties have resolved the custody
dispute. We are in the process of reducing our settlement to
writing and will be filing a Stipulation and proposed Order to
submit to the Court. Please mark the August 6, 1997 hearing as
continued until the Stipulation and proposed Order are submitted.
I thank you for your attention to this matter.
Sin'terely,
~\~~
Joanne H. Cl
JHC/caw
cc: Judge Hoffer
Sam Andes, Esquire
MYERSTOWN OFFICE: WJ West Main Avenue, Mycnlown, PA 17067' (717) 866.2196
Oy Appointment Only
"
VICTORIA N. WHEELER,
Plaintiff
DOUGLAS A. WHEELERt
Defendants
IN THE COURT OF COMMON PLE~S
CUMBERLAND COUNTY, PENNSYLVANIA
No. 9 -tl89
CIVIL ACTION - LAW
IN CUSTODY
NOTICE
You, Douglas A. Wheeler, have been sued in court to obtain
custody of the children: Ross Wheeler, Abby Wheeler, Keith Wheeler
and Blake Wheeler. If you fail to appear as provided in the Court
Order or to bring the children, an order for custody may be entered
against you or the court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELON TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200 EXT 6200
VICTORIA N. WHEELERv
Plaintiff
V®
DOUGLAS A. WHEELERv
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA#
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Victoria N. Wheeler, an adult individual
residing at 109 Lee Ann Court, Enola, Cumberland County,
Pennsylvania, 17025.
2. The Defendant is Douglas A.
residing at 23 Altoona Avenue,
Pennsylvania, 17025.
Wheeler,
Enola,
an adult individual
Cumberland County,
3. The Plaintiff, Victoria N. Wheeler, residing at 109 Lee
Ann Court, Enola, PA 17025, is the natural mother of the children
and the Plaintiff, Douglas A. Wheeler, is the natural father.
children:
Name Present Residence Date of Birth Age
Ross Wheeler 109 Lee Ann Court 1-7-85 12
Enola, PA 17025
Abby Wheeler and 2-12-87 10
Keith Wheeler 23 Altoona Avenue 11-15-89 7
Enola, PA 17025
Blake Wheeler 8-15-91 5
Plaintiff seeks primary physical custody of the following
a. The children were not born out of wedlock.
b. The children presently reside with each parent by
spending one week with their mother and one week with
their father. The parties have shared physical and legal custody
pursuant to a Marriage Settlement Agreement. A true and correct
copy of the custody portion of said Marriage Settlement Agreement is
attached hereto, made part of, and incorporated by reference as
Plaintiff's Exhibit 1.
c. During the past five (5) years, the children have
resided with the following persons and at the following addresses:
Persons Addresses
Victoria N. Wheeler
Douglas A. Wheeler
Victoria N. Wheeler
Douglas A. Wheeler
Dates
109 Lee Ann Court 06-14-96
Enola, PA 17025 to Present
23 Altoona Avenue
Enola, PA 17025
889 Acri Road
1990 to
Mechanicsburg, PA 17055 06-1996
d. The mother of the children is Victoria N. Wheeler
currently residing at 109 Lee Ann Court, Enola, Cumberland County,
Pennsylvania 17025.
5. The Plaintiff currently resides with the following persons:
Self and the four children.
6. The Defendant resides with the following persons:
Self and the four children.
7. Plaintiff has not participated as a party or witness, or in
any other capacity, in any other litigation concerning the
custody of the children in this or another court. The parties did
enter into a Marital Settlement Agreement which included custody.
A true and correct copy of the custody portion of said Agreement is
attached hereto, made part of, and incorporated by reference as
Plaintiff,s Exhibit 1.
a. Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
b. 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.
8. The best interest and permanent welfare of the children
will be served by granting the Plaintiff, Victoria N. Wheeler
primary physical custody of the children during the school year for
the following reasons:
a. The children have had difficulty adjusting to residing
on a week on/week off basis with each parent.
b. Plaintiff/Mother's work hours make her more available
on a day to day basis to meet the needs of the children.
c. Plaintiff/Mother is better able to assist the children
in their school work.
d. Plaintiff/Mother is better able to provide a stable
home environment.
9. Each parent whose parental rights to the children has not
been terminated and the person who has physical custody of the
children has been named as a party to this action. All other
persons, named below, who are known to have or claim a right to
custody or visitation of the children has been given notice of the
pendency of this action and the right to intervene.
WHEREFORE, Plaintiff requests the Court to grant her primary
physical custody of the children during the school year and shared
legal custody of the children, Ross Wheeler, Abby Wheeler, Keith
Wheeler and Blake Wheeler.
Dated:
Respe~fully\subm~cted,
Jeanne H. Clough, Es~.
845 Sir Thomas Court, Suite llA
HarrisBurg, PA 17109
(717) 540-5100
Attorney ID No. 36461j
Attorney For Plaintiff
VERIFICATION
made
in the attached Complaint For Custody are true and correct to the
best of my knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
Vic~6ria N. Wheeler
16. CHILDREN
A. CUSTODY AND VISITATION - The parties shall share legal and physical custody
of the children born of this marriage. The children shall attend school through the East Pennsboro
Township School District unless both parties agree otherwise. The children shall reside with both
their parents by spending one week with their mother and one week with their father. The parties
agree to regular and free access to the children on that parent's "offweek."
The parties further agree to provide each other with information concerning the health,
education and welfare of their children on a regular basis and shall encourage each other to join in
the decision making process as to the children's schooling, medical care and other important issues
associated with their lives.
The Pan,es also agrdtha~n the event W~fe is available t o provide care t%0ao ~iie chi.l~ren ~%u'~n~'~/
the summer months, she shall do so during Husband's weeks of custody. Husband agrees to pay to
Life the sum of $40.00 per day for providing this service d~..,?..,,
,)~..a~.~, ,-,,,...~ i-~ao'~'n~-'~ 'v~.~'l ~::~x .a,<. .- x ---I . ~ ' '7~,~'~--'
B. MAKE-'Up TIME _ The ..~"..~ '~2~__ _~_ ~°?. t ~., ~'~., '2'"~'~"~, ~. O"~
t.',,.,,--~:, ~c.~,ogn~ze mat meremay oe circumstances from time
to time which may prevent the exercise of custody at the agreed dates and times. To that end, the
parties agree that each will give timely and reasonable notice to the other of the existence of such
circumstances and will permit the other a reasonable period in which to enjoy time with the children
to make-up for these lost periods.
10
Plaintiff's Exhibit
C. ILLNESS OF CHILDREN - In the event of any serious illness of the children at any
time, any party then having custody of the said children shall immediately communicate with the other
party by telephone or'any other means, informing the other party of the nature of the illness. During
such illness, each party shall have the right to visit the children as often as he or she desires, consistent
with the proper medical care of the said children.' The word "illness" as used herein shall mean any
disability which confines the children to bed under the direction ora licensed physician for a period
in excess of forty-eight (48) hours.
D. BEST INTEREST OF CHILDREN - The parties shall exert every reasonable effort
to maintain flee access and unhampered contact between the children and each of the parties, and to
foster a feeling of affection between the children and the other party. Neither party shall do anything
which may estrange the children from the other party, or injure the children's opinion as to his mother
or father, or which may hamper the free and natural development of the children's love and respect
for the other party.
I ~,t/~ I/~,~~/~](~ /"-"X
,~Child support shall be.~.pald by
support of four (4) children. 'ke
Husband shall be entitled to clalm'Ros-" · --
o s'ind Blake as dependents on h~s tax return for 1996
and for all future years. Wife shall be entitled to claim Abigail and Keith on her tax return for 1996
and all future years. [-I',~'~he--,~ ,-~-.~
VICTORIA No WHEELER,
Plaintiff
Ve
DOUGLAS A. WHEELER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERL/~ND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint For
Custody, it is hereby directed that the parties and their respective
counsel appear before h~,~(-~ ,~,~f~_~,! , Esquire, the
Conciliator, at %~ ~=~Oi~+.~ ~C~iC,~ik~ on the
lQ day of AC, C{ I , 1997 at q:fD~.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. Either party may bring the child who is the
subject of this custody action to the conference, but the child's
attendance is not mandatory. Failure to appear at the conference
may provide grounds for entry of a temporary or permanent order.
For the Court,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 'rF YOU DO
NOT H~VE A LAWYER OR C~NOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH EELO# TO FIND OUT ~HERE YOU CAN GET LEGi~L HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200 EXT 6200
Clough & Murphy
AT17ORNEYS & COUNSELORS AT LAW
45 Sir Thomas Court, Suite IIA
Harrisburg, PA 17109
(717) 540-5100
VICTORIA N. WHEELER,
Plaintiff
DOUGLAS A. WHEELER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTy, PENNSYLVANIA
: NO. 97-1159 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN CUSTODY
AND NO~, this ~ day of
consideration of the atta-~¥d Custody Conc-~li~tiO~eport, it is ordered
and directed as follows: , 1997, Upon
1. A Hearing is ached ·
Cumberland Co..~_ ~ _ uled in Court R~
1997, at ~<'~ ~urc Housg, on the /-~x_ J--'"
At ~' ~ o clock ~m _ ~ Gay of
unls Heari ~ ., ac which time · ,
ng, the Mother, VlCtoria N. Wh~]~. ~esti~ take6
moving party and shall proceed initially w~~' Shall be deemed to be t~
testimony. Counsel for the
parties shall file with the Court and opposing counsel a Memorandum setting
forth each party's position on custody, a list of witnesses who will
testify at the Hearing, and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten (10) days prior to
the Hearing date.
2. Pending further Order of this Court or agreement of the parties,
the parties shall continue to follow the custody arrangements set forth in
the Marital Settlement Agreement dated May 20, 1996, with the additional
provision that the Father shall provide the Mother with one week advance
notice in the event the Father does not require childcare (provided by the
Mother) during any of his weeks of custody during the summer months.
cc: Joanne H. Clough, Esquire - Counsel for ' ~ ~
Mother
Samuel L. Andes, Esquire - Counsel for Father ~ ~/~/~ %
VICTORIA N. WHEELER,
Plaintiff
vs.
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON PLEAs OF
CUMBERLAND COUNTY, PENNSYLvANiA
NO. 97-1159 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODy
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information COncerning
subjects of this litigation is as follows:
Ross Wheeler
Abby Wheeler
Keith Wheeler
Blake Wheeler
DATE OF
January 7, 1985
February l2, 1987
November 15, 1989
the Children who are the
Mother/Father
Mother/Father
Mother/Father
August 15, 1991 Mother/Father
2. A Conciliation Conference was held on May 20, 1997 with
f°.ll°w~ngindividualsinattendance: The Mother, VictoriaN '.the
her counsel, Joanne H. Clough, Esquire, and the Father, Do ~ Wheeler, with
with his counsel, Samuel L. Andes, Esquire. ug as A. Wheeler,
3. In June, 1996, the rtl
.Agreement with ~rovis~^__ pa . es entered into a Ma~
,_~-7 ........ ' ~ne parties altern=~_~ '~.~. ~_'~Y arrangements. U der
uasls. The ~_~L ~=u ~us~ouy of *~ ...... n_ the
~'~uuner filed this ~_~.~. ~,~ unl~ren on a
arrangements to Prov4-~- ~= .... ~-~=l~lon to Modif the urrent
~ ~= u~ ~ne Mother would ~ .... ~: c.! . custody
of the Children during the school .~=~= primary physical custody
request for primary cu~.. ~L year~. The Father o s _
agreement =~ ~ ~ ~_ --~, ute parties ~ ~ Ppo ed the Mother's
=~ uue uOnrerence, and, therefore a ~C°u.~,ab{e_ to reach an
...... ~ wl~ ue necessary.
4. The Mother's position on custody is as follows: The Mother
believes it would be in the Children.s best interest to primarily reside
with her during the school year. According to the Mother, she reluctantly
agreed to the alternating weekly schedule in the Settlement Agreement and,
having tried those arrangements for one year, now prefers to have ri
custody at least during the school year. The Mother. . . p mary
mainly on her belief that as a school t~=~-~ .... s poslt~on is based
the Children with school work and to .... ~=- ~e ~s Setter able to assist
the importance of education, impart to the Children her emphasis on
5. The Father's position on custody is as follows: The F
believes that there is no reason athe
arrangements as re~u~-~ = ~ to change the _._~ =. r
Childre ...... ~ ~o~eu ~y the Mother. ~ ..... =x,sulng custod
'. ==u GOing well in school and, ~ {:~c~,r~lng. to the Father, they
....... , nave improved academically
during the year in which they have followed a shared custody schedule. The
Father believes the Current shared custody schedule is serving the
Children,s best interests.
6. The Conciliator recommends an Order in the form as attached.
uawn s. Sunday, Esquire / --
Custody Conciliator
VICTORIA No WHEELER~
Pl&~nt~ff
Vo
DOU~L~S Ao ~HEELER,
DeEendante
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1159 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
AND NOWl~upon consideration of the attached Stipulation For
Custody Order executed by both of the parties, it is hereby ORDERED
and DECREED as follows:
1. The Victoria N. Wheeler and Douglas A. Wheeler shall share
legal and physical custody of Ross Wheeler, born 1-7-85, Abby
Wheeler, born 2-13-87, Keith Wheeler, born 11-15-89, and Blake
Wheeler, born 8-15-91.
The children shall attend school through the East Pennsboro
Township School District unless both parties agree otherwise.
3. The children shall reside with both their parents by
spending one week in the physical custody of their mother and one
week in the physical custody of their father. The parties agree to
regular and free access to the children on that parent's "off week".
4. The parties further agree to provide each other with
information concerning the health, education and welfare of their
children on a regular basis and shall encourage each other to join
in the decision making process as to the children,s schooling,
medical care and other important issues associated with their lives.
5. The parties also agree for two years after the date of the
Marital Settlement Agreement, that in the event Wife is available to
STIPULATION FOR CUSTODY ORDR~
WHEREAs, Victoria Wheeler is the natural mother of four
children, Ross, Abby, Keith and Blake Wheeler;
WHEREAs, Doug Wheeler is the natural father of said children;
WHEREAS, the parties initially agreed to a custody schedule in
a Marriage Settlement Agreement dated May 20, 1996;
WHEREAS, Victoria Wheeler filed a Custody Complaint seeking
modification of that custody agreement;
WHEREAs, Victoria Wheeler is represented by Joanne H. Clough,
Esquire and Doug Wheeler is represented by Samuel Andes, Esquire;
WHEREAS, the parties have reached an agreement regarding the
modification of the original custody agreement and it is now agreed
as follows:
The parties shall share legal and physical custody of the
children born of this marriage.
2. The children shall attend school through the East
Pennsboro Township School District unless both parties agree
otherwise.
3. The children shall reside with both their parents by
Spending one week in the physical custody of their mother and one
week in the physical custody of their father. The parties agree to
regular and free access to the children on that parent,s "off
week',.
4. The parties further agree to provide each other with
information concerning the health, education and welfare of their
children on a regular basis and shall encourage each other to join
in the decision making process as to the children,s schooling,
medical care and other important issues associated with their
lives.
5. The parties also agree for two years after the date of the
Marital Settlement Agreement, that in the event Wife is available
to provide care to the children during the summer months, she shall
do so during Husband,s week of custody. Husband agrees to pay Wife
the sum of $40.00 per day for providing this service, during such
two year period. After said two years, the parties will continue
such agreement only upon mutual consent. Father shall provide
Mother with one week advance notice in the event that Father does
not require child care during any of his weeks of custody during
the summer months.
6. The parties agree that the pick up and drop off day for
the week on/week off physical custody schedule shall be Friday.
7. The parties recognize that there may be circumstances from
time to time which may prevent the exercise of custody at the
agreed dates and times. To that end, the parties agree that each
will give timely and reasonable notice to the other of the
existence of such circumstances and will permit the other a
reasonable period in which to enjoy time with the children to make
up for these lost periods.
8. In the event of any serious illness of the children at any
time, any party then having custody of the said children shall
immediately communicate with the other party by telephone or any
other means, informing the other party of the nature of the
illness. During such illness, each party shall have the right to
visit the children as often as he or she desires, consistent with
the proper medical care of the said children. The word "illness,,
as used herein shall mean any disability which confines the
children to bed under the direction of a licensed physician for a
period in excess of forty-eight (48) hours.
9. The parties shall exert every reasonable effort to
maintain free access and unhampered contact between the children
and each of the parties, and to foster a feeling of affection
between the children and the other party. Neither party shall do
anything which may estrange the children from the other party, or
injure the children,s opinion as to his mother or father, or which
may hamper the free and natural development of the children,s love
and respect for the other party.
10. Each party agrees this Stipulation shall be reduced to an
Order of Court.
IN WITNESS
signature intending to be legally bound.
WHEREOF, each party hereto sets forth his or her
bou&
'~ eler
as Wheeler
vICTORI~ N. ~IHEELER~
pl&~ntiff
DoUGLaS ~' wHEELER, .
DeEen~an=S
CUMBERLAND
NO. 97-1159 CzVlL TERM
CIVIL ~cTION -
IN cusTOD~
custody order executed by both of the parties, it is hereby ORDERED
and DECREED as folloWS:
1. The victoria N. Wheeler and Douglas A. Wheeler shall share
legal and physical custody of Ross Wheeler, born 1-7 -85, Abby
Wheeler, born 2-13-87, Keith Wheeler, born 11-15-89, and Blake
8-15-91 ·
Wheeler, born ........ h~l attend school through the East pennsboro
2. The cnliu~=,, ..... 1 less both parties agree otherwise.
Township school District un '
3. The children shall reside with both their parents by
spending one week in the physical custody of their mother and one
week in the physical custody of their father. The parties agree to
regular and free access to the children on that parent'S "off week".
4. The parties further agree to provide each other with
information concerning the health, education and welfare of their
children on a regular basis and shall encourage each other to join
in he decision making process as to the children'S schooling,
meditcal care and other important issues associated with their lives.
5. The parties also agree for two years after the date of the
Marital Settlement Agreement, that in the event wife is available to
provide care to the children during the su~er months, she shall do
so during Husband's week of custody. Husband agrees to pay wife the
sum of $40.00 per day for providing this service, during such two
year period. After said two yearS, the parties will continue such
agreement only upon mutual consent. Father shall provide Mother
with one week advance notice in the event that Father does not
require child care during any of his weeks of custody during the
summer months.
6. The parties agree that the pick up and drop off day for the
week on/week off physical custody schedule shall be Friday.
7. The parties recognize that there may be circumstances from
time to time which may prevent the exercise of custody at the agreed
dates and times. To that end, the parties agree that each will give
timely and reasonable notice to the other of the existence of such
circumstances and will permit the other a reasonable period in which
to enjoy time with the children to make up for these lost periods.
8. In the event of any serious illneSS of the children at any
time, any party then having custody of the said children shall
inunediately co~unicate with the other party by telephone or any
other means, informing the other party of the nature of the illnesS.
During such illness, each party shall have the right to visit the
children as often as he or she desires, consistent with the proper
medical care of the said children. The word ,,illness" as used
herein shall mean any disability which confines the children to bed
under the direction of a licensed physician for a period in excess
of forty-eight (48) hours.
9. The parties shall exert euery reasonable effort to maintain
the children and each of
- ~:n- of affectiOn between ~he
free acceSS and unhampered contact between
hand to foster a ~ee£~ ~ .
the parties, - 'ther party shall do anything wh~
_ _a~y. Nel · ~-re the
~ the ether F ~- _-~., or in3~
children a~Q '~ s_om the other pa~u~,
e the children ~ '' er, or which may
may estrang .... to his mother or fatn
children'S oplnlon ~= the children'S love and respect
the free and natural development of
for the other party.
Rhc :
s__TIPULATION FOR cUSTODY ORDEB
WHEREAS, Victoria Wheeler is the natural mother of four
children, Ross, Abby, Keith and Blake Wheeler;
WHEREAS, Doug Wheeler is the natural father of said children;
WHEREAS, the parties initially agreed to a custody schedule in
a Marriage Settlement Agreement dated May 20, 1996;
WHEREAS, victoria Wheeler filed a custody Complaint seeking
modification of that custody agreement;
WHEREAS, victoria Wheeler is represented by Joanne H. Clough,
Esquire and Doug Wheeler is represented by Samuel Andes, Esquire;
WHEREAS, the parties have reached an agreement regarding the
modification of the original custody agreement and it is now agreed
as follows:
1. The parties shall share legal and physical custody of the
children born of this marriage.
2. The children shall attend school through the East
Pennsboro Township School District unless both parties agree
otherwise.
3. The children shall reside with both their parents by
spending one week in the physical custody of their mother and one
week in the physical custody of their father. The parties agree to
regular and free access to the children on that parent'S "off
week".
4. The parties further agree to provide each other with
information concerning the health, education and welfare of their
children on a regular basis and shall encourage each other to join
in the decision making process as to the children'S schooling,
medical care and other important issues associated with their
lives.
5. The parties also agree for two years after the date of the
Marital Settlement Agreement, that in the event wife is available
to provide care to the children during the summer months, she shall
do so during Husband's week of custody. Husband agrees to pay wife
the sum of $40.00 per day for providing this service, during such
two year period. After said two years, the parties will continue
such agreement only upon mutual consent. Father shall provide
Mother with one week advance notice in the event that Father does
not require child care during any of his weeks of custody during
the summer months.
6. The parties agree that the pick up and drop off day for
the week on/week off physical custody schedule shall be Friday.
7. The parties recognize that there may be circumstances from
time to time which may prevent the exercise of custody at the
agreed dates and times. To that end, the parties agree that each
will give timely and reasonable notice to the other of the
existence of such circumstances and will permit the other a
reasonable period in which to enjoy time with the children to make
up for these lost periods.
8. In the event of any serious illness of the children at any
time, any party then having custody of the said children shall
immediately communicate with the other party by telephone or any
other means, informing the other party of the nature of the
illness. During such illness, each party shall have the right to
visit the children as often as he or she desires, consistent with
the proper medical care of the said children. The word "illness,,
as used herein shall mean any disability which confines the
children to bed under the direction of a licensed physician for a
period in excess of forty-eight (48) hours.
9. The parties shall exert every reasonable effort to
maintain free access and unhampered contact between the children
and each of the parties, and to foster a feeling of affection
between the children and the other party. Neither party shall do
anything which may estrange the children from the other party, or
injure the children,s opinion as to his mother or father, or which
may hamper the free and natural development of the children,s love
and respect for the other party.
10. Each party agrees this Stipulation shall be reduced to an
Order of Court.
IN WITNESS WHEREOF, each party hereto sets
signature intending to be legally bound.
Wlth~sS ~ k
forth his or her
Vi~a~WhWeler
bou~as Wheeler
VICTORIA N. WHEELER,
Plaintiff
VS.
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1159
IN CUSTODY
CIVIL TERM
ORDER OF COURT
AND NOW, this I~-~ day of ,.~-N~ 3C~ C~, 199 ~.~, upon consideration of the Complaint
filed in this matter, it is hereby directed that the parties and their respective counsel appear before
~ the conciliator, at~ k,_~. M. CI~CN,.~¢, ~ Ykt~c~--~q~ N.{ Cc,.,~l~ , Pennsylvania,
on~c~,~3-d,i the iR day of ~_!C'l~dl , 199~_~ at 1'. C~C} o'clockf~k.m, for aPre-
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 a
temporary order. All children aged 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.
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 COURT HOUSE
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
FOR THE COURT,
CI~S~ODY CONC~ILIATOR (.J("~.x~ '
VICTORIA N. WHEELER,
Plalmiff
VS.
DOUGLAS A. WHEELER,
Defendant
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY;
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1159
IN CUSTODY
CIVIL TERM
PETITION TO MODIFY CUSTODY ORDER
AND NOW comes the above-named Defendant, Douglas A. Wheeler, by his attorney, Samuel L.
Andes, and petitions the Court to modify its custody order in this matter, based upon the following:
1. The Petitioner herein is Douglas A. Wheeler, the Defendant in this action. The Respondent
herein is the Plaimiff, Victoria N. Wheeler, who resides at 109 Lee Ann Court in Enola, East Pennsborn
Township, Cumberland County, Pennsylvania.
2. The parties hereto are the parents of four minor children:
Ross Wheeler born 7 January 1985; Abbey Wheeler born 13 February 1987; Keith
Wheeler born 15 November 1989; Blake Wheeler born 15 August 1991.
3. The parties separated in September of 1995 and the four children have lived in the joint custody
of both parents from that date of separation until just before Christmas in 1997. During that time the parents
shared custody on an equal basis with the children spending equal amounts of time, on a weekly basis, with
both parents.
4. By an Order of Court dated 5 December 1997, a copy of which is attached hereto and marked
Exhibit A, this Court confirmed the custody arrangements the parties had for their children on the basis of a
written "Stipulation for Custody Order" which was presented with and made a part of that Order. That
Order simply confirmed the custody status as the parties had enjoyed it and continued the shared custody
which was in effect at that time.
viCTORIA N. WHEELERv
Plaintiff
DOUGLAS A. WHEELER,
Defendants
IN THE cOURT OF coMMON PLEAS
CUMBERLAND cOUNTYv PENNSYLVANIA
NO. 97-1159 CIVIL TERM
CIVIL ACTION - LAW
IN cUSTODY
ORDER OF cOURT
AND NOW,~upon consideration of the attached stipulation For
custody Order executed by both of the parties, it is hereby ORDERED
and DECREED as follows:
1. The victoria N. Wheeler and Douglas A. Wheeler shall share
legal and physical custody of Ross Wheeler, born 1-7-85, Abby
Wheeler, born 2-13-87, Keith Wheeler, born 11-15-89, and Blake
Wheeler, born 8-15-91.
2. The children shall attend school through the East Pennsboro
Township School District unless both parties agree otherwise.
3. The children shall reside with both their parents by
spending one week in the physical custody of their mother and one
week in the physical custody of their father. The parties agree to
regular and free access to the children on that parent's "off week".
4. The parties further agree to provide each other with
information concerning the health, education and welfare of their
children on a regular basis and shall encourage each other to join
in the decision making process as to the children's schooling,
medical care and other important issues associated with their lives.
5. The parties also agree for two years after the date of the
Marital Settlement Agreement, that in the event Wife is available to
A
VICTORIA N. WHEELER,
Plaintiff
VS.
DOUGLAS A. WHEELER,
Defendant
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY;
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1159
IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
AND NOW comes the above-named Defendant, Douglas A. Wheeler, by his attorney, Samuel L.
Andes, and petitions the Court to modify its custody order in this matter, based upon the following:
1. The Petitioner herein is Douglas A. Wheeler, the Defendant in this action. The Respondent
herein is the Plaintiff, Victoria N. Wheeler, who resides at 109 Lee Ann Court in Enola, East Pennsboro
Township, Cumberland County, Pennsylvania.
2. The parties hereto are the parents of four minor children:
Ross Wheeler born 7 January 1985; Abbey Wheeler born 13 February 1987; Keith
Wheeler born 15 November 1989; Blake Wheeler born 15 August 1991.
3. The parties separated in September of 1995 and the four children have lived in the joint custody
of both parents from that date of separation until just before Christmas in 1997. During that time the parents
shared custody on an equal basis with the children spending equal amounts of time, on a weekly basis, with
both parents.
4. By an Order of Court dated 5 December 1997, a copy of which is attached hereto and marked
Exhibit A, this Court confirmed the custody arrangements the parties had for their children on the basis of a
written "Stipulation for Custody Order" which was presented with and made a part of that Order. That
Order simply confirmed the custody status as the parties had enjoyed it and continued the shared custody
which was in effect at that time.
5. Since the date of that Order, the circumstances involving the custody of the children have
changed significantly in that the Plaintiffordered the parties' oldest child, Ross Wheeler, to move oui of her
home and demanded that the Defendant have and continue to have custody of Ross Wheeler in the future.
6. As a result of the change in circumstances described above, Defendant wishes to have primary
physical custody of the parties' oldest child, Ross Wheeler, awarded to and confirmed in him.
7. The best interest of the children will be served by awarding primary physical custody of Ross
Wheeler to the Defendant because the Plaintiffis no longer able to provide for the needs of the said Ross
Wheeler and maintain a good relationship with him while the child is in her home.
WHEREFORE, the Defendant prays this Court to modify its Order of 5 December 1997 by
awarding him primary physical custody of his son, Ross Wheeler and by maintaining the custody
arrangements for the other children in accordance with that Order.
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
COMMONWEALTH OF PENNSYLVANIA )
)SS.:
COUNTY OF CUMBERLAND )
Douglas A. Wheeler, being duly sworn according to law, deposes and says that the facts set forth in
the foregoing document are tree and correct to the best of his knowledge, information, and belief.
,! / 7 /o / /
Douglas A. Wheeler
Sworn to and subscribed
before me this :gl$4'- day
of , 99J.
VICTORIA N. WHEELER,
Plaintiff
Vo
DOUGLAS A. WHEELER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMEERLAND COUNTY, PENNSYLVANIA
NO. 97-1159 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW,/(upon consideration of the attached Stipulation For
Custody Order executed by both of the parties, it is hereby ORDERED
and DECREED as follows:
1. The Victoria N. Wheeler and Douglas A. Wheeler shall share
legal and physical custody of Ross Wheeler, born 1-7-85, Abby
Wheeler, born 2-13-87, Keith Wheeler, born 11-15-89, and Blake
Wheeler, born 8-15-91.
2. The children shall attend school through the East Pennsboro
Township School District unless both parties agree otherwise.
3. The children shall reside with both their parents by
spending one week in the physical custody of their mother and one
week in the physical custody of their father. The parties agree to
regular and free access to the children on that parent's "off week".
4. The parties further agree to provide each other with
information concerning the health, education and welfare of their
children on a regular basis and shall encourage each other to join
in the decision making process as to the children,s schooling,
medical care and other important issues associated with their lives.
5. The parties also agree for two years after the date of the
Marital Settlement Agreement, that in the event Wife is available to
provide care to the children during the summer months, she shall do
so during Husband's week of custody. Husband agrees to pay Wife the
sum of $40.00 per day for providing this service, during such two
year period. After said two years, the parties will continue such
agreement only upon mutual consent. Father shall provide Mother
with one week advance notice in the event that Father does not
require child care during any of his weeks of custody during the
summer months.
6. The parties agree that the pick up and drop off day for the
week on/week off physical custody schedule shall be Friday.
7. The parties recognize that there may be circumstances from
time to time which may prevent the exercise of custody at the agreed
dates and times. To that end, the parties agree that each will give
timely and reasonable notice to the other of the existence of such
circumstances and will permit the other a reasonable period in which
to enjoy time with the children to make up for these lost periods.
8. In the event of any serious illness of the children at any
time, any party then having custody of the said children shall
immediately communicate with the other party by telephone or any
other means, informing the other party of the nature of the illness.
During such illness, each party shall have the right to visit the
children as often as he or she desires, consistent with the proper
medical care of the said children. The word "illness,, as used
herein shall mean any disability which confines the children to bed
under the direction of a licensed physician for a period in excess
of forty-eight (48) hours.
9. The parties shall exert every reasonable effort to maintain
free access and unhampered c(~ntact between the children and each of
the parties, and to foster a feeling of affection between the
children and the other party. Neither party shall do anything which
may estrange the children from the other party, or injure the
children's opinion as to his mother or father, or which may hamper
the free and natural develop~ent of the children's love and respect
for the other party.
BY THE COURT:
TRUE COPy FROM RECORD
STIPULATION FOR CUSTODY ORDER
WHEREAS, Victoria Wheel,~r is the natural mother of four
children, Ross, Abby, Keith add Blake Wheeler;
WHEREAS, Doug Wheeler is 12he natural father of said children;
WHEREAS, the parties initially agreed to a custody schedule in
a Marriage Settlement AgreemeDt dated May 20, 1996;
WHEREAS, Victoria Wheele~- filed a Custody Complaint seeking
modification of that custody ~!greement;
WHEREAS, Victoria Whee3er is represented by Joanne H. Clough,
Esquire and Doug Wheeler is represented by Samuel Andes, Esquire;
WHEREAS, the parties have reached an agreement regarding the
modification of the original cl~stody agreement and it is now agreed
as follows:
1. The parties shall sha,'e legal and physical custody of the
children born of this marriage.
2. The children shall attend school through the
Pennsboro Township School District
otherwise.
3. The children shall reside
East
unless both parties agree
with both their parents by
spending one week in the physical custody of their mother and one
week in the physical custody of their father.
regular and free access to the children on
week".
The parties agree to
that parent's "off
4. The parties further agree to provide each other with
information concerning the h~alth, education and welfare of their
children on a regular basis and shall encourage each other to join
decision making process as to the children's schooling,
care and other imp~rtant issues associated with their
in the
medical
lives.
5.
The parties also agree for two years after the date of the
Marital Settlement Agreement, that in the event Wife is available
to provide care to the children during the summer months, she shall
do so during Husband's week of custody. Husband agrees to pay Wife
the sum of $40.00 per day fo~3 providing this service, during such
two year period. After said two years, the parties will continue
such agreement only upon mutual consent. Father shall provide
Mother with one week advance notice in the event that Father does
not require child care during any of his weeks of custody during
the summer months.
6. The parties agree that the pick up and drop off day for
the week on/week off physical custody schedule shall be Friday.
7. The parties recognize that there may be circumstances from
time to time which may prevent the exercise of custody at the
agreed dates and times. To that end, the parties agree that each
will give timely and reasonable notice to the other of the
existence of such circumstances and will permit the other a
reasonable period in which to enjoy time with the children to make
up for these lost periods.
8. In the event of any serious illness of the children at any
time, any party then having custody of the said children shall
immediately communicate with the other party by telephone or any
other means, informing the ot~er party of the nature of the
illness. During such ~llness, each party shall have the right to
visit the children as often as he or she desires, consistent with
the proper medical care of the said children. The word "illness"
as used herein shall mean any disability which confines the
children to bed under the direction of a licensed physician for a
period in excess of forty-eight (48) hours.
9. The parties shall exert every reasonable effort to
maintain free access and unhampered contact between the children
and each of the parties, and to foster a feeling of affection
between the children and the other party. Neither party shall do
anything which may estrange the children from the other party, or
injure the children's opinion as to his mother or father, or which
may hamper the free and natural development of the children's love
and respect for the other party.
10. Each party agrees this Stipulation shall be reduced to an
Order of Court.
IN WITNESS WHEREOF, each party hereto sets forth his or her
signature intending to be legally bound.
witness / !
Witness
Vict~?~a~Wh~ler
Douglas Wheeler
c:\pleading\wheeler.ans
VICTORI~ N. WHEELER,
Plaintiff
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF cOMMON PLF~S
CUMBERLAND cOUNTY, PENNSYLV/%NIA
CIVIL ~CTION - LAW
NO: 97-1159 CIVIL TERM
IN CUBTODY
ANSWER TO PETITION TO
MODIFY CUSTODY ORDER
AND NOW, comes the above-named Plaintiff/Respondent, Victoria
N. Wheeler, by and through her attorney Joanne Harrison Clough and
files the following Answer and Cross-Petition to Defendant Douglas
A. Wheeler, Petition to Modify custody Order and Support thereof
avers as follows:
1. Admitted.
2. Admitted.
3. Admitted in part and denied in part. It is denied that
the parties separated in September of 1995; to the contrary, they
separated in June of 1996. It is admitted that since the date of
separation the four children have lived in joint custody of both
parties from June of 1996 to the present time.
4. Admitted.
5. Denied. It is specifically denied since the date of the
December, 1997 Court Order the circumstances have changed requested
in Defendant's Petition for Modification of Custody Order. It is
further denied that Respondent/Plaintiff demanded the oldest child
Ross move out of her home and it is further denied that she
demanded Defendant Father to have and continue to have custody of
Ross in the future. By way of further explanation, on December 25,
1997, the child Ross had an argument with Plaintiff/Mother at which
time she agreed to let the child stay with his Father temporarily
for a few weeks so that the parties could work on issues with Ross
and his relationship with his parents and the other children.
6. Admitted in part and denied in part. It is admitted that
Defendant/Father has taken advantage of Plaintiff's acquiescence to
permit Ross to remain at his house for several weeks and is now
using said circumstances in an attempt to gain an advantage and
seek primary physical custody of said child. It is specifically
denied that there is any change in circumstances warranting a
change in the primary physical custody of Ross Wheeler from shared
physical custody to the primary physical custody of his Father. It
is further averred that it is not in the best interest of any of
the Wheeler children that they be separated or that Ross remain in
the primary physical custody of his Father.
7. Denied. It is specifically denied that the best interest
of the children will be served by separating the siblings and
granting primary physical custody of Ross to the Defendant. It is
further denied that Plaintiff is no longer able to provide for the
needs of Ross Wheeler and/or that she is not able to maintain a
good relationship with him while he is in her home. To the
contrary, Ross is a 13 year-old boy who is adept at playing his
parents against each other. Defendant Douglas Wheeler has failed
to support Plaintiff in disciplinary issues with Ross in direct
contradiction to professional advice rendered to the parties
through psychological counseling.
WHEREFORE, the Plaintiff/Respondent Victoria Wheeler prays
this Court Deny Petitioner/Defendant Douglas A. Wheeler's Petition
to Modify Custody Order of December 5, 1997.
COUNTER-PETITION
8. Paragraphs 1 through 7 are incorporated by reference as
it set forth in full here below.
9. Since the entry of the December 5, 1997, Custody Order
and since the parties initiated the shared physical custody
arrangement Defendant Ross Wheeler has continually interfered with
and disrupted Plaintiff Victoria Wheeler's relationship with her
children by continuing to refuse to back her up on disciplinary and
other parenting matters.
10. It is clearly in the best interest and permanent welfare
of the four Wheeler siblings that they remain together and not be
separated.
11. It is in the best interest of the Wheeler children that
the current Custody Order of December 5, 1997, be modified and that
primary physical custody of all four children be granted to
victoria Wheeler and that reasonable and liberal periods of partial
custody be granted to their Father Defendant Douglas Wheeler.
WHEREFORE, the Plaintiff/Cross-Petitioner victoria N. Wheeler
respectfully prays this Court modifies its Order of December 5,
1997, by granting her primary physical custody of all four Wheeler
children and by further directing for periods of liberal and
reasonable partial custody with Defendant Douglas Wheeler.
Respectfully~ted' .
Joan~lH~a~ ~n qlough, Esquire
845 sir Th~ ~$ cburt, suite llA
HarrisburgA P% 17109
(717) 540-5 0~
I.D. #: 36461
4
Verifioation
I, Victoria N. Wheeler, hereby verify that the statements made
in the attached pleading are true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Vic~'~ ~heeler -~
c:\pleading\wheeler.pet
VICTORIA N. WHEELERv
Plalntiff
Ve
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON PLE~S
CUMBERLAND COUNTYv PENNSYLVANIA
CIVIL ACTION - LAW
NO: 97-1159 CIVIL TERM
IN CUSTODY
PETITION FOR CONTEMPT
AND NOW, this day of , 1998,
comes Petitioner, Victoria N. Wheeler, by and through her attorney
Joanne Harrison Clough and files this Petition in Contempt and in
support thereof and avers as follows:
1. Petitioner, Victoria N. Wheeler, is an adult individual
who resides at 109 Lee Ann Court, Enola, East Pennsboro Township,
Cumberland County, Pennsylvania.
2. Respondent, Douglas A. Wheeler, is an adult individual
who currently resides at 3 Clendenin Circle, Enola, East Pennsboro
Township, Cumberland County, Pennsylvania.
3. The parties hereto are the parents of four minor
children: Ross Wheeler born 1/7/85; Abby Wheeler born 2/12/87;
Keith Wheeler born 11/15/89; Blake Wheeler born 8/15/91.
4. The parties separated in June of 1996, and since then the
four children have lived in the joint physical custody of both
parents from the date of separation until the present time.
5. A Court Order was entered December 5, 1997, specifically
setting forth the custody arrangements the parties had agreed to in
a stipulation of custody. A true and correct copy of said Custody
is attached hereto, made a part of and incorporated by reference as
Petitioner's Exhibit #1.
6. On December 25, 1997, the oldest child, Ross Wheeler, had
an argument with his Mother at the conclusion of which he contacted
his Father and returned to his Father's residence.
7. Defendant, Douglas A Wheeler, spoke and agreed that Ross
could stay at his Father's house for several weeks so the parties
could work on parenting issues with Ross.
8. Since December 25, 1997, Defendant Douglas A Wheeler has
repeatedly refused to return Ross Wheeler to the physical care and
custody of Petitioner every other week in direct violation of the
Court Order of December 5, 1997.
9. The Defendant, Douglas A. Wheeler, is clearly violating
this Court's Order of December 5, 1997, by refusing to return the
child to the Petitioner in direct violation of this Court's Order
of December 5, 1997.
WHEREFORE, Petitioner, Victoria N. Wheeler, respectfully
requests this Honorable Court to hold Douglas A Wheeler in contempt
of court for his persistent failure to return Ross Wheeler to her
custody in direct violation of this Court's Order of December 5,
1997, and further asks that this Court direct him to pay all of her
2
reasonable counsel fees, costs and expenses she has incurred as a
direct result of his flagrant violation of this court'S., o~rder.
Resp~:tfully submf
845 ½ir Thomas C¢
Harrisburg, PA
(717) 540-5100
I.D. #: 36461
~r~
~ ~su~tel~a
3
verification
I, victoria N. Wheeler, hereby verify that the statements made
in the attached pleading are true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Plaintiff
Defendant
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: CIVIL ACTION LAW
:NO.~c~ CIVIL 19q-'l
: CUSTODY VISITATION
And now, this bi k--~ Iff ~, upon consideration of the attached complaint, it is hereby directed
that the above Parties and th~r._respe, ctive couns~ .appear befo~re
Esquire, the conciliator,_at ..~l X..D, ~ [C~. ,--~-xc-, , ['~C(
¢,,~ ~ ~ h,~o,-ino Custody Conference. At such conference, an euort
· ~"~ ~ -:--~.Y_~_.~,~ ~. :c}~,~o oannot be accomplished, to define and narrow the issues to be neara
issues lB Ctl~put~; ut sx u.o ,,
by the court, and to enter into a temporary order. All children age five or older may be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FORTFiECOURT:
By: Custody Conciliator
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
Clough & Murphy
ATIX)RNEY$ & COUNSELORS AT L~W
845 Sir Thomas Court, Suite IlA
Harrisburg, PA 17109
(717) 540-5100
c:\p~eading\wheeler.pet
VICTORIA N. WHEELER,
Plaintiff
DOUGLAS A. WHEELER,
Defendant
AND NOW, this
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - L~W
NO: 97-1159 CIVIL TERM
IN CUSTODY
PETITION FOR CONTEMPT
day of
, 1998,
comes Petitioner, Victoria N. Wheeler, by and through her attorney
Joanne Harrison Clough and files this Petition in Contempt and in
support thereof and avers as follows:
1. Petitioner, Victoria N. Wheeler, is an adult individual
who resides at 109 Lee Ann Court, Enola, East Pennsboro Township,
Cumberland County, Pennsylvania.
2. Respondent, Douglas A. Wheeler, is an adult individual
who currently resides at 3 Clendenin Circle, Enola, East Pennsboro
Township, Cumberland County, Pennsylvania.
3. The parties hereto are the parents of four minor
children: Ross Wheeler born 1/7/85; Abby Wheeler born 2/12/87;
Keith Wheeler born 11/15/89; Blake Wheeler born 8/15/91.
4. The parties separated in June of 1996, and since then the
four children have lived in the joint physical custody of both
parents from the date of separation until the present time.
5. A Court Order was entered December 5, 1997, specifically
setting forth the custody arrangements the parties had agreed to in
1
a stipulation of custody. A true and correct copy of said Custody
is attached hereto, made a part of and incorporated by reference as
Petitioner's Exhibit #1.
6. On December 25, 1997, the oldest child, Ross Wheeler, had
an argument with his Mother at the conclusion of which he contacted
his Father and returned to his Father's residence.
7. Defendant, Douglas A Wheeler, spoke and agreed that Ross
could stay at his Father's house for several weeks so the parties
could work on parenting issues with Ross.
8. Since December 25, 1997, Defendant Douglas A Wheeler has
repeatedly refused to return Ross Wheeler to the physical care and
custody of Petitioner every other week in direct violation of the
Court Order of December 5, 1997.
9. The Defendant, Douglas A. Wheeler, is clearly violating
this Court's Order of December 5, 1997, by refusing to return the
child to the Petitioner in direct violation of this Court's Order
of December 5, 1997.
WHEREFORE, Petitioner, Victoria N. Wheeler, respectfully
requests this Honorable Court to hold Douglas A Wheeler in contempt
of court for his persistent failure to return Ross Wheeler to her
custody in direct violation of this Court's Order of December 5,
1997, and further asks that this Court direct him to pay all of her
reasonable counsel fees, costs and expenses she has incurred as a
direct result of his flagrant violation of this court's Order.
Respectfu~~bm~
Harrisburg, PA 17109
(717) 540-5100
I.D. #: 36461
3
verification
I, victoria N. Wheeler, hereby verify that the statements made
in the attached pleading are true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
Victoria N. Wheeler
* plaintiff
Defendant
: IN THE cOURT OF COMMON PLEAS'
OF CUMBERLAND COUNTY,
: pENNSYLVANIA
~ CIVIL ACTION LAW
: CUSTODY VISITATION
ttached complaint, it is hereby directed
.. ,~,, ~cl~ ,,,,on consideration of the a _ ~__A 'mm xm~'
- ~-~;o .~-110 ~'-33.-!~, ~ --~1 aDne~ oelot~ ~ .~ ,
~a now, u~
*hat ~e above prates ~ [~ ~ ~~o ~+ I/, OO~/ P.M.,
Esquire, ~e concthator, ~ '~~~lve ~e
re~oj ~ - --. ~ference. ~[ ~ issues to be hegd
for a pre-being
or if ~s c~ot be accomplished, to define ~d ~ow ~e
issues in dispute; enter into a tempor~ order· All children age five or older may be present at
by ~e co~, ~d to appe~ at ~e conference may provide gro~ds for ~e en~ of a
~e coherence. F~l~e to
tempor~ or pe~~ent order·
FOR THE COURT:
By: Custody Conciliator
YOU SHOULD TAKE THIS pAPERTO YOUR LAWYER AT ONCE. IF YOU DO NOT
PAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SI~{ FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
THE CUMBERLAND coUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-$00-990'9108
Clough & Murphy
ATTORNEYS & COUNSELORS AT L~W
845 Sir Thomas Court, Suite llA
Harrisburg, PA 17109
(717) 540-5100
c:\pleading\wheeler.ans
VICTORIA N. WHEELER,
Plalntiff
V.
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTy, PENNSYLVANIA
CIVIL ACTION - LAW
NO: 97-1159 CIVIL TERM
IN CUSTODY
ANSWER TO PETITION TO MODIFY
CUSTODY ORDER AND CROSS-PETITICu:
AND NOW, Comes the above-named Plaintiff/Respondent, Victoria
N. Wheeler, by and through her attorney Joanne Harrison Clough and
files the following Answer and Cross-Petition to Defendant Douglas
A. Wheeler, Petition to Modify Custody Order and Support thereof
avers as follows:
1. Admitted.
2. Admitted.
3. Admitted in part and denied in part. It is denied that
the parties separated in September of 1995; to the contrary, they
separated in June of 1996. It is admitted that since the date of
separation the four children have lived in joint custody of both
parties from June of 1996 to the present time.
4. Admitted.
5. Denied. It is specifically denied since the date of the
December, 1997 Court Order the circumstances have changed requested
in Defendant,s Petition for Modification of Custody Order. It is
further denied that Respondent/Plaintiff demanded the oldest child
Ross move out of her home and it is further denied that she
1
demanded Defendant Father to have and continue to have custody of
Ross in the future. By way of further explanation, on December 25,
1997, the child Ross had an argument with Plaintiff/Mother at which
time she agreed to let the child stay with his Father temporarily
for a few weeks so that the parties could work on issues with Ross
and his relationship with his parents and the other children.
6. Admitted in part and denied in part. It is admitted that
Defendant/Father has taken advantage of Plaintiff,s acquiescence to
permit Ross to remain at his house for several weeks and is now
using said circumstances in an attempt to gain an advantage and
seek primary physical custody of said child. It is specifically
denied that there is any change in circumstances warranting a
change in the primary physical custody of Ross Wheeler from shared
physical custody to the primary physical custody of his Father. It
is further averred that it is not in the best interest of any of
the Wheeler children that they be separated or that Ross remain in
the primary physical custody of his Father.
7. Denied. It is specifically denied that the best interest
of the children will be served by separating the siblings and
granting primary physical custody of Ross to the Defendant. It is
further denied that Plaintiff is no longer able to provide for the
needs of Ross Wheeler and/or that she is not able to maintain a
good relationship with him while he is in her home. To the
contrary, Ross is a 13 year-old boy who is adept at playing his
2
parents against each other. Defendant Douglas Wheeler has failed
to support Plaintiff in disciplinary issues with Ross in direct
contradiction to professional advice rendered to the parties
through psychological counseling.
WHEREFORE, the Plaintiff/Respondent Victoria Wheeler prays
this Court Deny Petitioner/Defendant Douglas A. Wheeler's Petition
to Modify Custody Order of December 5, 1997.
COUNTeR-PETITION
8. Paragraphs 1 through 7 are incorporated by reference as
it set forth in full here below.
9. Since the entry of the December 5, 1997, Custody Order
and since the parties initiated the shared physical custody
arrangement Defendant Ross Wheeler has continually interfered with
and disrupted Plaintiff Victoria Wheeler,s relationship with her
children by continuing to refuse to back her up on disciplinary and
other parenting matters.
10. It is clearly in the best interest and permanent welfare
of the four Wheeler siblings that they remain together and not be
separated.
11. It is in the best interest of the Wheeler children that
the Current Custody Order of December 5, 1997, be modified and that
primary physical custody of all four children be granted to
Victoria Wheeler and that reasonable and liberal periods of partial
custody be granted to their Father Defendant Douglas Wheeler.
3
WHEREFORE, the Plaintiff/Cross-Petitioner Victoria N. Wheeler
respectfully prays this Court modifies its Order of December 5,
1997, by granting her primary physical custody of all four Wheeler
children and by further directing for periods of liberal and
reasonable partial custody with Defendant Douglas Wheel?.
Respectfully Submit d,
~°a Harrison C~¢~h, Esquire
845 Sir Thomas Co~I ~ ~uite llA
Harrisburg, PA 1~ 09
(717) 540-5100
I.D. #: 36461
4
Verification
I, Victoria N. Wheeler, hereby verify that the statements made
in the attached pleading are true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.c.s.
Section 4904, relating to unsworn falsification to authorities.
VICTORIA N. WHEELER,
Plaintiff
VSo
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1159 CIVIL TERM
IN CUSTODY
MOTION FOR INTERIM RELIEF
AND NOW comes the above-named Defendant, Douglas A. Wheeler, by his attorney,
Samuel L. Andes, and moves the Court for interim relief in the above matter, based upon the
following:
1. The moving party herein is the Defendant, Douglas A. Wheeler. The respondent is
the Plaintiff, Victoria N. Wheeler.
2. The parties are the parents of four minor children:
Ross Wheeler, born 7 January 1985
Abbey Wheeler, born 13 February 1987
Keith Wheeler, born 15 November 1989
Blake Wheeler, born 15 August 1991
Since the parties separated in April of 1996, the four children have lived with both parents,
spending one full week with the Plaintiff and one full week with the Defendant on an
alternating basis. That custodial arrangement was confirmed by a written agreement signed
by the parties in May of 1996, which was eventually reduced to an order of this Court in
December of 1997.
3. In late December of 1997, a problem arose between the Plaintiff and the parties'
oldest child, Ross Wheeler, age 13. As a result of that dispute, the Plaintiff ordered Ross
from her house and the child called his father to come pick him up. The Defendant did so
and Ross has resided in the custody of the Defendant since that time.
4. The Defendant subsequently filed a petition to modify this Court's last order of
custody, requesting an order granting him primary physical custody of Ross.
5. The Plaintiff subsequently filed an answer to the Defendant's petition, asking the
Court to award her primary physical custody of all four children. At the same time the
Plaintiff filed a petition asking this Court to hold the Defendant in contempt for failing to
return Ross Wheeler to her custody on an alternating-week basis.
6. The parties have not been able to resolve this matter through negotiation,
themselves personally or with their attorneys. The parties met with Dawn Sunday, Esquire,
the custody conciliator appointed in this matter, on 4 March 1998 and were unable to reach
agreement.
7. Ross Wheeler still desires to reside with his father and adamantly refuses to
return to the Plaintiff's custody on a week-to-week basis. Defendant is reluctant to force
the child to return to the mother's home, for fear that there will be further difficulty between
mother and child and the child will not run to the father's residence the next time.
8. Defendant proposes this Court modify its current order to grant him temporary,
primary physical custody of Ross Wheeler and to set a schedule for the mother to have time
with the child, as set out in the proposed order which is attached hereto.
9. The Plaintiff has threatened to physically take Ross Wheeler away from the
father's home or to have the police arrest Defendant if he refuses to return the child. The
Defendant believes it is in the best interests of the minor child that the present custody
arrangement continue until such time as this case can be fully heard by the Court.
WHEREFORE, the Defendant, Douglas A. Wheeler, moves this Court to amend its prior
order in accordance with the proposed order attached hereto.
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF CUMBERLAND
SAMUEL L. ANDES, being duly sworn according to law, deposes and says
that he is the attorney of record for the Defendant herein and that the facts set
forth in the foregoing document are true and correct to the best of his knowledge,
information, and belief.
SAMUEL L. A~'DES
Sworn to and subscribed
before me this LI ~ Day
of (~v~c/~ , 1998.
NOTARIAL ,~..AL
LYNN EHRENFELD, Notary Public
Lemoyne Boro, Cumberland County
My Commission Expires Aug.17,2000
VICTORIA N. WHEELER,
Plaintiff
VS,
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1159 CIVIL TERM
IN CUSTODY
AND NOW this ~ day of ~o.~.,4 , 1998, upon review of the
Defendant's Motion for Interim Relief, we hereby award temporary primary physical custody
of the minor child, Ross Wheeler, to his father, the Defendant, Douglas A. Wheeler. The
Plaintiff, Victoria N. Wheeler, shall have temporary physical custody of the said child on the
weekends when she has the other three children in her custody under the current custody
arrangement, from 5:00 p.m. on Friday until 5:00 p.m. on Sunday, and every other
Wednesday, during the week that the father has custody of the other three children, from
Wednesday at 5:00 p.m. until Thursday at 8:00 a.m.
This order is temporary in nature only and will be reviewed at a further hearing in this
matter.
BY THE COURT,
VICTORIA N. WHEELER,
Plaintiff
VS.
DOUGLAS A. WHEELER,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-1159 CIVIL
CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, this ~, ~' day of March, 1998, following conference with counsel
and careful consideration of the arguments advanced, our temporary order of March 5, 1998, is
VACATED and the parties are directed to comply with the existing court order.
BY THE COURT,
Joanne H. Clough, Esquire
For the Plaintiff
Samuel L. Andes, Esquire
For the Defendant
:rlm
VICTORIA N. WHEELER,
Plaintiff
vs.
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1159 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
consideration of the attached Custody Conciliation Report,
and directed as follows:
, 1998, upon
it is ordered
A Hearing is scheduled in~ourtroom # ~ , of the
Cumberland. County Court House on the ~day of ~9~&t%4 ,
1998, at/,d~)o'clock ~___.m., at whic~-~e testimony wil~ be taken. At
this Hearing~ the Father, Douglas A. Wheeler, shall be deemed to be the
moving party and shall proceed initially with testimony. Counselfor the
parties shall file with the Court and opposing counsel a Memorand~n setting
forth each party's position on custody, a list of witnesses who will
testify at the Hearing, and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten (10) days prior to
the Hearing date.
BY THE COURT,
CC:
Joanne H. Clough, Esquire - Counsel her
Samuel L. Andes, Esquire - Counsel for Father
VICTORIA N. WHEELER,
Plaintiff
vs.
DOUGLAS A. WHEELER,
Defendant
PRIOR JUDGE: George E. Moffer
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1159 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN CUSTODY
CUSTOOY (33~CILIATI(JI~ SL~4A~Y REP(J~T
IN A~ W~l~ C[~BERLA~) (]O~]TI~i RULE OF CI~riL
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who ars the
subjects of this litigation is as follows:
NAME DATE OF BIRTM
CI~/~TLY IN (~3ST(~)Y OF
Ross Wheeler
AbbyWheeler
Keith Wheeler
Blake Wheeler
January 7, 1985
February 12, 1987
November 15, 1989
August 15, 1991
Father (Mother/Father
by prior Order)
Mother/Father
Mother/Father
Mother/Father
2. A Conciliation Conference was held on March 4, 1998, with the
following individuals in attendance: The Mother, Victoria N. Wheeler, with
her counsel, Joanne H. Clough, Esquire, and the Father, Douglas A. Wheeler,
with his counsel, Samuel L. Andes, Esquire.
3. In June, 1996, the parties entered into a Marital Settlement
Agreement which provided for shared physical custody of the Children on an
alternating weekly basis. Subsequently, the Mother petitioned to Modify
the arrangements, a Conciliation Conference was held on May 20, 1997 and a
Hearing was scheduled. This Court entered an Order on December 5, 1997
based upon a Stipulation executed by the parties agreeing to shared custody
on an alternating weekly basis. For reasons which are disputed, the Father
has had custody of the parties' oldest Child, Ross, since Christmas Day
1997. The Father filed a Petition to Modify the existing Custody Order to
reflect his primary custody of Ross and the Mother also filed a Petition
for Modification and Contempt. The parties were not able to reach an
agreement at the Conference and it will be necessary to schedule a Hearing
in this matter.
4. The Father's position on custody is as follows: The Father
indicated that on Christmas Day 1997, the Mother and the parties' oldest
Child, Ross, had a dispute resulting in a request by the son that the
Father pick up the Child at the Mother's residence, which the Father did.
The Father stated that the Child will not voluntarily return to the
Mother's custody under the alternating weekly schedule. The Father
expressed a concern that if he were to force the Child to return to the
Mother's custody, the Child would not seek help from the Father when
problems arise in the future but instead would turn to other less desirable
alternatives. The Father believes that it would be in the Child's best
interest for the Father to temporarily retain primary custody of Ross while
the parties obtain a custody evaluation or otherwise attempt to work out
the situation and return to the alternating weekly schedule. The Father
believes the problems in the relationship between the Mother and Ross will
continue. The Father requested that the current Order be modified to allow
him to have temporary primary custody of Ross until the custody issue has
been resolved by the Court.
5. The Mother's position on custody is as follows: The Mother
believes that the Father should be required to return Ross to her custody
immediately in accordance with the existing Order in order to prevent a
situation in which Ross believes he is in control of the custody
arrangements. The Mother stated that prior to Christmas Day 1997, there
had not been an incident in which Ross initiated a change of custody within
the preceding six (6) months. The Mother does not feel that there is a
serious problem between her and Ross but believes Ross is a normal 13 year
old. The Mother is angry and distrustful toward the Father and believes
she is being manipulated. The Mother indicated that she has never felt
that the shared custody arrangement was good for the Children and believes
the Order should ultimately be changed to grant her primary physical
custody. The Mother stated that she has only seen Ross for a brief time
since Christmas 1997 and requested that the current Order be enforced to
require the Father to return custody of Ross immediately. The Mother
proposed that a custody evaluation be performed, and in the meantime, the
alternating weekly schedule should be enforced.
6. The Conciliator recommeds an Order in the form as attached
scheduling a Hearing in this matter. As the Conciliator declined to
recommend a change to the existing custody arrangements pending Hearing, it
is anticipated that additional petitions may be filed with the Court for
temporary relief.
Date
Dawn S. Sunday, Esquire
Custody Conciliator
VICTORIA N. WHEELER,
Plaintiff
VS.
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1159
IN CUSTODY
CIVIL TERM
ORDER OF. COURT
AND NOW, this 3~ day of ~v,~_ ,1998, upon the agreement of
the parties as presented by their counsel's Stipulation, we hereby order and decree as
follows:
1. The Plaintiff and Defendant shall engage in a course of family or parenting
counseling, commencing in September of 1998. They shall each participate in three
counseling sessions by the end of 1998 and in one session every six weeks thereafter
through the end of May 1999. They shall share the cost of the counseling equally. If the
parties cannot select a counselor by their mutual agreement, their counsel will select the
counselor.
2. The terms and provisions of the Order of Court in this matter dated December 5,
1997, shall remain in full force and effect and the parties shall abide by that Order until
further Order of Court.
BY THE COURT,
VICTORIA N. WHEELER,
Plaintiff
VS.
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1159
IN CUSTODY
CIVIL TERM
STIPULATION
AND NOW comes the above-named parties, by their attorneys who have signed
below, and stipulate and agree as follows:
1. The Plaintiff and Defendant shall engage in a course of family or parenting
counseling, commencing in September of 1998. They shall each participate in three
counseling sessions by the end of 1998 and in one session every six weeks thereafter
through the end of May 1999. They shall share the cost of the counseling equally. If the
parties cannot select a counselor by their mutual agreement, their counsel will select the
counselor.
2. The terms and provisions of the Order of Court in this matter dated December 5,
1997, shall remain in full force and effect and the parties shall abide by that Order until
further Order of Court.
3. The parties jointly request the Court to enter the attached Order to implement
the terms of their agreement.
IN WITNESS WHEREOF, the parties hereto have authorized their attorneys to
execute this Stipulation on their behalf.
Jze. ann e Clou.gJ~~
~torney fo?'PI ai ntiff
Attorney for Defendant
VICTORIA N. WHEELER,
Plaintiff
DOUGLAS A. WHEELER
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 1159 CIVIL 1997
: CIVIL ACTION - LAW
: IN CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance for Plaintiff, Victoria N. Wheeler, in the above-captioned
matter.
Dated:
August 28, 1998
hma p. Co r
Sup. Ct. I.D. #27914
200 North Third Street
Twelfth Floor
P.Oi Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
VICTORIA N. WHEELER,
Plaintiff/Petitioner
DOUGLAS A. WHEELER,
Defendant/Respondent
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 1159 CIVIL 1997
· CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is hereby directed
that the parties and their respective counsel appear before ~
Esquire, Conciliator, atthe ~ k3. MI2t~ ~3~,,
., Pennsylvania, on ~e ~ 'day of~.X"
199~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. Either party may bring the child who is the subject of this custody action to the
conference, but the children's attendance is not mandatory. Failure to appear at the
conference may provide grounds for the entry cfa temporary or permanent Order.
FOR THE COURT
DATED: c/iDbkcl~ BY: ~_~17k.
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
5. Petitioner believes it is in the best interest of the children for primary
physical custody to be transferred to her. Petitioner is a teacher and her schedule
coincides with that of the children and she is therefore more readily available to them.
6. The best interests and permanent welfare of the children will be served by
modification of the Court's Order.
WHEREFORE, Petitioner respectfully requests this Honorable Court grant
Petitioner primary physical custody of the aforesaid minor children and establish a partial
physical custody schedule for Respondent.
Dated:
September 15, 1998
Respectfully S~
Sup. Ct. I.D.//27914
200 North Third Street
Twelfth Floor
P.O. Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
VERIFICATION
I, Victoria N. Wheeler, hereby verify and state that the facts set forth in the
foregoing document are tree and correct to the best of my information, knowledge and
belief. I understand that false statements hereto are made subject to the penalties of 18
Pa. C.S.A. §4904 relating to unswom verification to authorities.
Victoria N. Wheeler
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Plaintiffherein, do hereby certify that
on this date I served the foregoing Petition for Modification of Custody Order by
depositing a tree and exact copy thereof in the United States mail, first class, postage
prepaid, addressed as follows:
Dated:
Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA 17043
aha P. Co/gnetfi, ~s~ire' ' '
Sup. Ct. I.D. #27917f
200 North Third Street
Twelfth Floor
P.O. Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
L~w Offices of
~aria ~ 6ognetd
P..0. Box 6~9
Harrisburg, Pennsylvania 17108-0689
(717) 232-2103
$£P. 2, 1 19~
VICTORIA N. WHEELER,
Plaintiff/Petitioner
vs.
DOUGLAS A. WHEELER,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-1159 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
3--
~ NOW, this ~&4.
consideration of the attached
and directed as follows:
day of ~~y~/ , 1998, upon
Custody Conciliation Report, it is ordered
A Hearing is scheduled in Court RoOm No. _~_ of the
Cumberland County Court House on the //4~ day of . ~//~_~_ ,
1999, at ~ ~ o'clock, O~ .m. at which time testimony will be tauten. For
purposes of this Hearing, the Mother, Victoria N. Wheeler, shall be deemed
to 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 each party's position on custody, a list of witnesses who
will be called to testify at the Hearing and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least ten
(10) days prior to the Hearing date.
cc:
BY THE COURT,
Kevi~<~' Hes~s
Je
Maria P. Cognetti, Esquire - Counsel for Mother
Samuel L. Andes, Esquire - Counsel for Father --
VICTORIA N. WHEELER,
Plaintiff/Petitioner
vs.
DOUGLAS A. WHEELER,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-1159 CIVIL TERM
CIVIL ACTION - LAW
: IN CUSTODY
PRIGR JIK~E: Kevin A. Hess
(~3STGOY (/][gCILIATION f;_m~%RX REP(~T
IN A(~f~/NiNCE Wi'I~ ~ (~ R[]LE OF ClnJIL
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
~y IN (~TCOY OF
Ross Wheeler
AbbyWheeler
Keith Wheeler
Blake Wheeler
January 7, 1985
February 12, 1987
November 15, 1989
August 15, 1991
Mother/Father
Mother/Father
Mother/Father
Mother/Father
2. A third Conciliation Conference was held on November 24, 1998,
with the following individuals in attendance: The Mother, Victoria N.
Wheeler, with her attorney, Maria P. Cognetti, Esquire, and the Father,
Douglas A. Wheeler, with his counsel, Samuel L. Andes, Esquire.
3. In June 1996, the parties entered into a Marital Settlement
Agreement which provided for shared physical custody of the Children on an
alternating weekly basis. Subsequently, the Mother petitioned for primary
physical custody of the Children, a Conciliation Conference was held on May
20, 1997 and a Hearing was scheduled. This Court entered an Order on
December 5, 1997 based upon a Stipulation executed by the parties agreeing
to shared custody on an alternating weekly basis. The Father filed a
Petition to Modify the custody arrangements with respect to one of the
Children, the Mother filed a Petition for primary physical custody, a
Conciliation Conference was held on March 4, 1998 and a Hearing was
scheduled at that time, again on the issue of primary physical custody.
Prior to the scheduled Hearing in June 1998, the parties entered into an
agreed Order dated June 3, 1998 continuing the shared custody arrangements
and providing for a one year course of counseling for the parties. On
September 24, 1998, the Mother filed a Petition for primary custody which
is the subject of this Report. Although the parties have at least tried in
the past to avoid a Hearing on the matter, they were still not able at the
most recent Conference to reach an agreement and it appears that the
Mother's repeated requests for primary physical custody will not be
resolved until finally addressed by the Court.
4. The Mother's position on custody is as follows: The Mother
believes that the Children should primarily reside with her because she
feels they are not receiving the assistance that they require with school
work at the Father's residence during his weeks of custody. The Mother
indicated that she is a teacher and does not work during the summer. The
Mother believes the Children should be with her during the summer when the
Father is working because she is available. According to the Mother, the
Children attended daycare last summer during the Father's weeks of custody
even though the Mother was at home and desired to provide care for the
Children.
5. The Father's position on custody is as follows: The Father
believes that, with some minor problems, the shared custody arrangement has
been working well. The Father does not believe it would be in the
Children's best interest to change the alternating weekly schedule which
has been in effect for over two years. The Father believes that he should
be entitled to make arrangements for the Children during his periods of
custody when he is at work as this provides a time for the Children to have
contact with their other relatives.
6. It should be noted that at the end of the Conference, the Mother
requested that both the Thanksgiving and Christmas holidays and school
breaks be equally shared between the parties. The prior Orders of this
Court do not address holidays, under the regular alternating weekly
schedule, the Mother would have custody of the Children in 1998 over both
Thanksgiving, christmas Eve and Christmas Day. However, the Father would
have custody of the children from Christmas night through the following
week as the parties regularly exchange custody of the Children on Fridays.
The Father indicated that he had already made plans for the holidays and
was not willing to make new arrangements at this late date. The holiday
issue had not been raised or addressed between counsel prior to the
Conference. As the Conciliator declined to recommend a change to the
existing custody arrangement pending Hearing, it is anticipated that
additional Petitions may be filed with the Court by the Mother's counsel.
7. The Conciliator recommends an Order in the form as attached
scheduling a Hearing in this matter on the Mother's request for
modification of the existing Custody Order to change the arrangements from
shared custody on a weekly basis to primary physical custody with the
Mother.
Date
Dawn S. Sunday, Esquire
Custody Conciliator
VICTORIA N. WHEELER, :
Plaimiff :
:
vs. : 97-1159 CIVIL
:
DOUGLAS A. WHEELER, :
Defendant : CIVIL ACTION - LAW
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORDE~R
AND NOW, this 2 ~ ' day of January, 1999, at the request of counsel for the
parties, hearing in the above captioned matter set for February 11, 1999, is continued to Friday,
May 28, 1999, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle,
PA.
BY THE COURT,
Maria Cognetti, Esquire
For the Plaintiff
Samuel Andes, Esquire
For the Defendant
oZ.~°.
:rlm
VICTORIA N. WHEELER,
Plaintiff
DOUGLAS A. WHEELER,
Defendant
IN ~HE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1159 CIVIL 1997
CIVIL ACTION LAW
CUSTODY/VISITATiON
ORDERED that a hearing the Petition for Emergency Relief for Summer
Custody be held on the ~-~ day of ~.~ , 199~ at
~d o'clock at the Cumberland County Courthouse.
BY THE COURT:
VICTORIA N. WHEELER,
Plaintiff
Ve
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1159 CIVIL 1997
CIVIL ACTION LAW
CUSTODY/VISITATION
RULE TO SHOW
the
that a Rule
show cause,
Victoria N.
AND NOW, this day of , 1998 upon review of
attached Petition for Emergency Relief, it is hereby ORDERED
be issued upon the Defendant, Douglas A. Wheeler, to
if any, why the relief sought by the Petitioner,
Wheeler should not be granted.
RULE returnable within days from the date
upon Defendant.
of service
BY THE COURT:
VICTORIA N. WHEELER,
Plaintiff
Ve
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1159 CIVIL 1997
CIVIL ACTION LAW
CUSTODY/VISITATION
PETITION FOR EMERGENCY R~LTEF FOR EUNN~9 CUETOD¥
AND NOW, this day of , 1998 comes the
Petitioner, Victoria N. Wheeler by and through her attorney, Joanne
Harrison Clough, Esquire and respectfully avers as follows:
1. Petitioner, Victoria N. Wheeler is an adult individual who
currently resides at 109 Lee Ann Court, Cumberland County, Enola,
Pennsylvania, 17025. She is the mother of Ross Wheeler, born
1/7/85, Abby Wheeler born 2/12/87, Keith Wheeler born 11/15/89 and
Blake Wheeler born 8/15/91.
2. Respondent, Douglas A. Wheeler, is an adult individual who
currently resides at 3 Clendenin Circle, Cumberland County, Enola,
Pennsylvania, 17025. He is the natural father of Ross Wheeler,
born 1/7/85, Abby Wheeler born 2/12/87, Keith Wheeler born 11/15/89
and Blake Wheeler born 8/15/91.
3. The parties separated in June of 1996 and since then, the
four (4) children have lived in the direct physical custody of both
parents from the date of separation until the present time on a
week on week off physical custody schedule.
4. A Court Order was entered December 5, 1997 specifically
setting forth the custody arrangements. A true and correct copy of
said Order is attached hereto, made part of and incorporated
reference as Petitioner's Exhibit 1.
5. During the summer of 1996 and the summer of 1997, the
parties four (4) children were in the physical care, custody and
control of Petitioner, Victoria N. Wheeler during her week of
physical custody &nd on Mondays through Fridays during Respondent
Father's week of physical custody during the hours he was at work.
6. Approximately one month to go, Respondent Douglas A.
Wheeler agreed with Petitioner Victoria N. Wheeler that she would
have physical custody of the children during the hours Douglas A.
Wheeler worked during his week of physical custody for the summer
of 1998.
7.
advised
On or about June 11, 1998, Respondent, Douglas A. Wheeler
Petitioner, Victoria N. Wheeler that he would not be
sending the children to stay with Petitioner during the hours he
was working during his summer weeks of physical custody with the
children and that he
watch the party's 13,
8. Paragraph 16
would be using a 16 year old babysitter to
11, 9, and 7 year old children.
of the parties Marital Settlement Agreement
specifically states that Mrs. Wheeler would watch the party's
children during Douglas Wheeler's weeks of summer custody for the
1996 and 1997 calendar years. Said Agreement further provides that
this shall continue upon mutual consent of the parties. A true and
correct copy of said Agreement is attached hereto, made part of and
incorporated by reference as Petitioner's Exhibit 2.
9. Paragraph 17 specifically provides that both parties shall
2
use the same day care provider for the children. Petitioner
Victoria N. Wheeler does not agree to use Mr. Wheeler's 16 year old
niece babysitter as her day care provider, nor does she agree to
permit Mr. Wheeler to have the parties four children watched by the
16 year old for forty (40) plus hours a week during his weeks of
primary physical custody during the summer months.
10. Petitioner, Victoria N. Wheeler is a public school
teacher and has always provided primary custodial care for her
children during the summer months. Mrs. Wheeler turned downed
summer employment as the East Pensboro Township Playground
Supervisor for the summer of 1998 so that she would be fully
available to spend quality time with her children each week during
the summer months.
11. It is in the best interest and permanent welfare of the
four (4) Wheeler children that they be with Mrs. Wheeler during the
hours Mr. Wheeler works during his weeks of physical custody for
the summer months. It is not in the children's best interest and
permanent welfare that they be in the care of a 16 year old for
forty (40) plus hours a week every other week during Mr. Wheeler's
period of summer custody with the children.
VERIFICATION
I, Victoria N. Wheeler, hereby verify that the statements made
in the foregoing Petition for Special Relief are true and correct.
I understand that false statement herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Dated:
VICTORIA N. WHEELER
VICTORIA N. WHEELER,
Plaintiff
DOUGLAS A. WHEELER,
Defendants
IN TRE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1159 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
AND
Custody Order executed by both of the parties,
and DECREED as follows:
1. The Victoria N. Wheeler and Douglas A.
legal and physical custody of Ross Wheeler,
Wheeler,
Wheeler,
2.
Township School District unless both parties agree otherwise.
3. The children shall reside with both their parents
ORDER OF COURT
NOW,~upol] co],sideration of the attached Stipulation For
it is hereby ORDERED
Wheeler shall share
born 1-7-85, Abby
born 2-13-87, Keith Wheeler, born 11-15-89, and Blake
born 8-15-91.
The children shall attend school through the East Pennsboro
by
spending one week in tile physical custody of their mother and one
week in the physical custody of their father. The parties agree to
regular and free access to the children on that parent's "off week".
4. The parties further agree to provide each other with
information concerning the health, education and welfare of their
children on a regular basis and shall encourage each other to join
in the decision making process as to the children's schooling,
medical care and other important issues associated with their lives.
5. The parties also agree for two years after the date of the
Marital Settlement Agreement, that in the event Wife is available to
Exhibit 1
9. The parties shall ex~rt every reasonable effort to maintain
free access and unhampered c~'atact between the children and each of
the parties, and to foster a feeling of affection between the
children and the other party. Neither party shall do anything which
may estrange the children Irom the other party, or injure the
children's opinion as to his mother or father, or which may hamper
the free and natural development of the children's love and respect
for the other party.
BY ?HE COURT:
TRUE COPY FROM RECORD
in Testimony whereof, ! hl~ untl) set my ~
a~ tim sero of uid CourLat O;rli$1o Pa.
STIPULATION FOR CUSTODY ORDER
WHEREAS, Victoria Wheel,,r is the natural mother of four
children, Ross, Abby, Keith al,d Blake Wheeler;
WHEREAS, Doug Wheeler ~s the natural father of said children;
WHEREAS, the parties initially agreed to a custody schedule in
a Marriage Settlement AgreemeDt dated ~ay 20, 1996;
WHEREAS, Victoria WheeleJ fi]ed a Custody Complaint seeking
modification of that custody ~greement;
WHEREAS, Victoria Wheele~ is represented by Joanne H. Clough,
Esquire and Doug Wheeler is represented by Samuel Andes, Esquire;
WHEREAS, the parties have reached an agreement regarding the
modification of the original c~stody agreement and it is now agreed
as follows:
1. The parties shall sha,3e legal and physical custody of the
children born of this marriage.
2. The children shall attend school through the East
Pennsboro Township School DJ. strict u~]less both parties agree
otherwise.
3. The children shall ueside with both their parents by
spending one week in the physical custody of their mother and one
week in the physical custody of their father.
regular and free access to the children on
week".
The parties agree to
that parent's "off
4. The parties further agree to provide each other with
information concerning the hr~alth, education and welfare of their
children on a regular basis a~]d shall encourage each other to join
decision making process as to the children's schooling,
care and other imp~rtant issues associated with their
in the
medical
lives.
5.
Marital
The parties also agree for two years after the date of the
Settlement Agreement, that in the event Wife is available
to provide care to the children during the summer months, she shall
do so during Husband's week of custody. Husband agrees to pay Wife
the sum of $40.00 per day fou providing this service, during such
two year period. After said two years, the parties will continue
such agreement only upon mutual consent. Father shall provide
Mother with one week advance notice in the event that Father does
not require child care during any of his weeks of custody during
the summer months.
6. The parties agree that the pick up and drop off day for
the week on/week off physical, custody schedule shall be Friday.
7. The parties recognize that there may be circumstances from
time 'to time which may prevent the exercise of custody at the
agreed dates and times. To that end, the parties agree that each
will give timely and reasonable notice to the other of the
existence of such circumstances and will permit the other a
reasonable period in which to enjoy time with the children to make
up for these lost periods.
8. In the event of any serious illness of the children at any
time, any party then havJ. ng custody of the said children shall
immediately communicate with the other party by telephone or any
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into between Douglas A. Wheeler and Victoria N.
Wheeler, hereinafter referred to as Husband and Wife. The parties were married on April 16, 1983
and there are four children born of their marriage, to wit, Ross Wheeler, born 01-07-85, Abigail
Wheeler, born 02-12-87, Keith Wheeler, born 11-15-89, and Blake Wheeler, born 08-15-91.
As a consequence of disputes and unhappy differences, the parties have separated. The
parties desire to confirm their separation and make arrangements in connection therewith, including
the settlement of their property rights, custody, support, and all other rights and obligations arising
out of the marriage relationship.
It is therefore agreed:
1. CONSIDERATION
The consideration for this Agreement is the mutual promises and agreements herein contained.
2. SEPARATION AND NONINTERFERENCE
A. It will be lawful for each party at all times hereafter to live separate and apart from the
other party at such place or places as he or she may from time to time choose or deem fit.
Exhibit 2
1
B. Each party shall be free fi.om interference, authority and control, direct or indirect, by
the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel
or endeavor to compel the other to cohabit or dwell with him or her.
3. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party has released and discharged, and by
this Agreement does for himself or herself, and his or her heirs, legal representatives, executors,
administrators, and assigns, release and discharge the other of and from all causes of action, claims,
rights, or demands whatsoever, in law or equity, which either of the parties ever had or now has
against the other, except any or all cause or causes of action for divorce.
4. FULL DISCLOSURE
The provisions of this Agreement and their legal effect are fully understood by each party to
this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being
entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and
Wife each represent and warrant to the other that he or she has made a full and complete disclosure
to the other of all assets of any nature whatsoever in which such party has an interest, of the sources
and amount of the income of such party of every type whatsoever, and of all other facts relating to
the subject matter of this Agreement. Wife acknowledges that she was represented by Kathleen
2
Carey Daley, Esquire, in reaching this Agreement, and Husband acknowledges that he was
represented by Samuel L. Andes, Esquire, in reaching this Agreement. Both parties represent that
the terms of'this Agreement have been fially explained to them by their respective counsel.
5. EQUITABLE DIVISION
By this Agreement, the parties have intended to effect an equitable division of their marital
property. This division is not intended by the parties to constitute in any way a sale or exchange of
assets.
6. SUBSEQUENT DIVORCE
A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood
and agreed by and between the parties hereto and each of the said parties does hereby warrant and
represent to the other that the execution and delivery of this Agreement is not predicated upon nor
made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or
non-defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any
action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor
to prevent either party from defending any such action which has been, may or shall be instituted by
the other party, or fi.om making any just or proper defense thereto. It is warranted, covenanted and
represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable
and this warranty, covenant and representation is made for the specific purpose of inducing Husband
and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby
waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason
whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant
and agree that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement
shall survive any action for divorce which may be instituted or prosecuted by either party and no
order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the
financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into
any such judgment or decree of final divorce, but shall be incorporated for the purposes of
enforcement only.
C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their
marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent
to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both
parties agree to forthwith execute such consents, affidavits, or other documents and to direct their
respective attorneys to forthwith file such consents, affidavits, or other documents as may be
necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301 (c).
Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named
defendant in such divorce action shall execute any waivers of notice or other waivers necessary to
expedite such divorce.
7. DIVISION OF PERSONAL PROPERTY
The parties do hereby acknowledge and agree that they are the owners of tangible personal
property. The parties agree that they will divide this personal property to their mutual satisfaction.
The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if
any, he or she may have with respect to the items which shall become the sole and separate property
of the other.
8. DIVISION OF MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parties, they agree as follows:
A. Husband agrees to transfer to Wife ownership of the 1987 Ford Aerostar Van
currently titled in the name of West Shore Radiator Works, Inc.
The titles to the said motor vehicle shall be executed by the parties or by an authorized agent
of West Shore Radiator Works, Inc., for effectuating transfer as herein provided, on the date of
execution of this Agreement or at any time thereafter at the request of Wife.
9. DISPOSITION OF PROPERTY
From and after the date of the signing of this Agreement, both parties shall have complete
freedom of disposition as to his/her separate property and any property which is in their possession
or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber
or dispose of such property, whether real or personal, whether such property was acquired before,
during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any
deed, mortgage, or other instrument of the other pertaining to such disposition of property.
10. DIVISION OF REAL PROPERTY
Husband and Wife hereby agree and acknowledge that they own certain real property located
at 889 Acri Road, Mechanicsburg, Pennsylvania, as tenants by the entireties. This property has been
listed for sale and is currently under an agreement of sale. The parties agree that the proceeds from
the sale of this property shall be distributed as follows:
A. All costs of sale/joint'-marital-~debts-.(to-include..Goods...Furniture.~.$700:00~
MasterCard---$744:00r-fipiegel~s-Catalog $ 85:00-and -tr~ing-fiho es----$-g00.-00)r-and-eser, ow_fo~
capital gains tax liabilit}/shall be doduc, i~ from the proceeds./l:l'dae,-.~:om2n r c~pi/al gaina ta ._~;hall
· b~r~taiaod-until--the-parties,agree to-release.the escrow/
B. Wife shall receive the sum of $30,000.00.
C. The balance shall be distributed to Husband.
11. PAYMENT OF SPECIFIED OBLIGATIONS
The parties agree that the following constitute joint marital obligations which shall be paid by
the following person:
A WIFE All ersonalobh atlonsaccrued in , ' z ~ ~ ' ' ~
· . ~ - P 'g ' s' .ce separation, ~,,~ o~e-.L~ {j--~-4~e.
B. HUSBAND - All personal obligations a~:'6rued since s~p~/~rationt -.x_ ~ '-~e,-~ .- ~ c,A .~ '
12. LEGAL FEES
Each party shall pay his or her own attorneys fees.
13. ALIMONY
Husband agrees to pay to Wife alimony in the amount of $700.00 per month for two (2) years)
the parties agree that this is the full obligation of Husband for ali~n"bnyland that this provision shall
not be modified by amount, fig&ar, af~mor~mau~ther_.aspeat.t
The payments made to Wife by Husband shall be alimony and, thus, income to Wife as defined
in Section 71 &the Internal Revenue Code and shall be deductible to Husband· Husband's obliga!!on
shall terminate upon the earliest to occur of the fo lowing events' Wife's remarrC~a~ ~'~'~de~t 'l~o~r'
· g~,
Husband's death.
7
14. PENSION PROGRAM
Husband is a participant in a 401 (k) plan through his employment with West Shore Radiator
Works, Inc.. Husband agrees to transfer to Wife a portion of his 401(k) through a Qualified
Domestic Relations Order. The amount due to Wife shall be calculated as follows:
A. The December 31, 1995 value of the 401(k) plan shall be added to the net proceeds
from the sale of the marital home. Net proceeds is defined as the gross selling price less the cost of
sale and any capital gains tax liability.
B. The total of the 401(k) plan and the net proceeds from the sale of the marital home
shall be divided by two (2). The quotient shall be the total amount to be distributed to each party.
C. Wife shall receive a rollover from the 401 (k) sufficient to total the quotient described
above after credit for the $30,000.00 Wife received from the sale of the home.
This shall be a non-taxable transfer and shall be rolled over into a fund designated by Wife as
shall be permitted by the plan. G) ~,~(a~ .~ [ j~ 4-q~ ~ -h-~ ~. c-~-,0x h~ ~'[~'¢,q'~a
With the exception of the interest described above, each party hereto shall maintain sole
ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired
individually or as the result of contributions by his or her employer. Wife hereby releases any interest
that she has in the retirement benefits of Husband accumulated as the result of his employment and
any other additional benefits he may have accrued. Husband hereby releases any interest that he has
in the retirement benefits of Wife accumulated as the result of her employment and any other
additional benefits she may have accrued.
8
15. MISCELLANEOUS
All assets including, but not limited to, savings accounts, checking accounts, certificates of
deposit and life insurance policies shall be the sole and separate property of the title holder of said
asset.
The parties believe and agree, and have been so advised by their respective attorneys, that the
division of property heretofore made by this Agreement is a non-taxable division of property between
co-owners rather than a taxable sale or exchange of such property. Each party promises not to take
any position with respect to the adjusted basis of the property assigned to him or her or with respect
to any other issue which is inconsistent with the position set forth in the preceding sentence on his
or her federal or state income tax returns.
The parties have heretofore filed joint federal and state tax returns. Both parties agree that
in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any
such tax is made against either of them, each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely
and entirely by the individual who is finally determined to be the cause of the misrepresentations or
failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns.
16. CHILDREN
A. CUSTODY AND VISITATION - The parties shall share legal and physical custody
of the children born of this marriage. The children shall attend school through the East Pennsboro
Township School District unless both parties agree otherwise. The children shall reside with both
their parents by spending one week with their mother and one week with their father. The parties
agree to regular and free access to the children on that parent's "offweek."
The parties further agree to provide each other with information concerning the health,
education and welfare of their children on a regular basis and shall encourage each other to join in
the decision making process as to the children's schooling, medical care and other important issues
associated
with
their
lives.
The parties also agre~thai,~n the event Wife is available to provide care to the cl{il~ren during
the summer months, she shall do so during Husband's weeks of custody. Husband agrees to pay to
Wife the sum of $40.00 per d. ay for providing this service, ,~--,~-q ~,t~ 4-~.~ ./ca.. j~,'t~.
B. MAKE-UP TIME - The parties recognize that there {nay be circum'stan~s from time
to time which may prevent the exercise of custody at the agreed dates and times. To that end, the
parties agree that each will give timely and reasonable notice to the other of the existence of such
circumstances and will permit the other a reasonable period in which to enjoy time with the children
to make-up for these lost periods.
10
C. iLLNESS OF CHILDREN - In the event of any serious illness of the children at any
time, any party then having custody of the said children shall immediately communicate with the other
party by telephone orany other means, informing the other party of the nature of the illness. During
such illness, each party shall have the right to visit the children as often as he or she desires, consistent
with the proper medical care of the said children. The word "illness" as used herein shall mean any
disability which confines the children to bed under the direction of a licensed physician for a period
in excess of forty-eight (48) hours.
D. BEST INTEREST OF CHILDREN - The parties shall exert every reasonable effort
to maintain free access and unhampered contact between the children and each of the parties, and to
foster a feeling of affection between the children and the other party. Neither party shall do anything
which may estrange the children from the other party, or injure the children's opinion as to his mother
or father, or which may hamper the free and natural development of the children's love and respect
for the other party.
· .-- ~,_ 1Z~. - ~'Hi:L-t3-SL4:PPOILT_
,~.Chdd support shall be paid by~usuanu to WlIe at the rat~'ot Sg00.00 per month for the
support of four (4) children. TkO ~:,~'~.~
r~usoana snai oe entitled to claim Ross'hnd Blake as dependents on his tax return for 1996
and for all future years. Wife shall be entitled to claim Abigail and Keith on her tax return for 1996
Both parties agree to execute any and all documents necessary for these dependency
deductions.
18. HEALT___~H 1NSURANC.__~E
Husband agrees to provide health insurance for the children at his expense. Husband also6¢
agrees to pay^ail~f the childrens' unreimbursed medical expenses~mit'Wife-obtain~ ah ~gutar--full4ime
jot~ Husband ~rther agrees to provide health insurance for Wife until Wife is able to secure full-time
employment as a teacher under contract or for a period of two (2) years from the date of the divorce_..
whichever shall first occur.
19. MISCELLANEOUS PROVISIONS - CHILDREN
A. College - Husband and Wife agree to participate in the payment of undergraduate or
equivalent higher educational expenses for the children. This shall include tuition, room, board,
books and fees. The children's needs shall be determined after the application of any loans, grants,
scholarships, work study programs or other available financial aid and the net liability shall be split
equally between Husband and Wife.
B. Extraordinary Medical Expenses - All extraordinary medical expenses (those not
o~,~kI b.~ +~e ~.-~.'~%~ , ~ ,_.~1 t.
covered by insurance) shall be ' ' ,~,,~-.-,-~,~,~- c~
pmd~d~ Husb~d agr~s to reimburs~these expenses to Wife
on a qua~erly basis upon Wife supplying to Husband proof of said expenses.
12
C. Estates - Husband and Wife both agree and acknowledge that they have financial
responsibility towards the support of their minor children. In considering that obligation, Husband
and Wife agree as follows:
1. Husband agrees to provide $160,000.00 of life insurance made payable
at his death for the benefit of his minor children. This benefit shall be structured such
that he will maintain $40,000.00 of death benefit for each child until that child attains
the age of 23 years. It shall be made payable in such a way that income and principle
may be used for the support of the children through their minority and shall be
distributed to them at their majority or at a later date, as determined in the sole
discretion of Husband.
20. GENERAL PROVISIONS
A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they
have not heretofore incurred or contracted for any debt or liability or obligation for which the estate
of the other party may be responsible or liable except as may be provided for in this Agreement. Each
party agrees to indemnify or hold the other party harmless from and against any and all such debts,
liabilities, or obligations of every kind which may have heretofore been incurred by them, including
those for necessities, except for the obligations arising out of this Agreement.
B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant,
warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the
other indemnified from all debts, charges, and liabilities incurred by the other after the execution date
of this Agreement, except as may be otherwise specifically provided for by the terms of this
Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate
of the other may be liable.
C. SEVERABILITY - If any term, condition, clause, or provision of tiffs Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term, condition,
clause, or provision shall be stricken from this Agreement and in all other respects this Agreement
shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to
meet his or her obligations under any one or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the
parties.
D. OTHER DOCUMENTATION _ Wife and Husband covenant and agree that they will
forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes
or such other writings as may be necessary or desirable for the proper effectuation of this Agreement,
and as their respective counsel shall mutually agree should be so executed in order to carry out fully
and effectively the terms of this Agreement.
14
E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the
parties, and there are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein.
F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver
of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver
of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the
same or similar nature.
G. MUTUAL COOPERATION - Each party shall, at any time and from time to time
hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all
further instruments and/or documents that the other party may reasonably require for the purpose of
giving full force and effect to the provisions of this Agreement.
H. LAW GOVERNING - This Agreement shall be construed and governed in accordance
with the laws of the Commonwealth of Pennsylvania.
I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be
binding and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect
unless and until terminated under and pursuant to the terms of this Agreement. The failure of either
party to insist upon strict performance of any of the provisions of this Agreement shall in no way
15
affect the fight ofsuch party hereafter to enforce the same, nor shall the waiver of any breach of any
provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any other obligations herein.
K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the
several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and
shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect.
L. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of
his or her place of residence, and shall promptly noti~ the other of any change, giving the address
of the new place of residence until all obligations under this agreement have been satisfied.
M. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may have or hereafter acquire, under the present or future
laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a
result of the marital relationship, including, without limitation, dower, curtesy, their statutory
equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the
will of other, and right to act as administrator or executor of the other's estate, and each party will,
at the request of the other, execute, acknowledge, and deliver any and all instruments which may be
necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests,
rights and claims.
16
N. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches
any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms
thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court
costs, and expenses incurred by the other party in enforcing the Agreement.
IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and
sealed this Agreement on the oQO*~' day of ~ ~"~ ,1996, at Harrisburg,
Pennsylvania.
In the presence
DOUGLAS A. WHEELER
(SEAL)
VICTORIA N. WHEELER
(SEAL)
17
VICTORIA N. WHEELER,
Plaintiff
VS.
DOUGLAS A. WHEELER,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.97-1159 CIVIL
CIVIL ACTION-LAW
IN CUSTODY
1N RE: PETITION FOR SPECIAL RELIEF
AND NOW, this /~ ' day of July, 1998, at the request of counsel for the parties,
hearing in the above captioned matter set for June 20, 1998, is continued to September 2, 1998,
at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Joanne H. Clough, Esquire
For the Plaintiff
Samuel L. Andes, Esquire
For the Defendant
:rim
yirfA Hess, J.
VICTORIA N. WHEELER,
Plaintiff
DOUGLAs A. WHEELER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1159 CIVIL 1997
CIVIL ACTION LAW
CUSTODY/VISITATiON
WITHDI~AWAL OF App~aDa. NCL
TO THE PROTHONOTARy OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please withdraw the appearance of Joanne Harrison Clough,
Esquire as counsel for the Plaintiff in the above referenced
matter.
(717) 540-5100
I.D. # 36461
ENTRY OF
TO THE PROTHONOTARy OF CUMBERLA_ND COUNTY, PENNSYLVANIA:
Please enter the appearance of Maria p. Cognetti, Esquire on
behalf of the Plaintiff in the above referenced matter.
Dated:
Harrisburg, PA 17101
(717) 232-2103
VICTORIA N. WHEELER,
Plaintiff
VS.
DOUGLAS A. WHEELER,
Defendan~
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1159 CIVIL TERM
IN CUSiODY
ORDER,
AND NOW this fi-* day of ~--,)x,.- "' ,1999, upon the written
Stipulation of the parties as submitted by their counsel, we hereby cancel the hearing
~eduled for May 28, 1999 and enter the following Order to resolve all the pending
custody issues in this case:
1. Legal custody of the parties' minor children, Ross Wheeler, born January 7,
Abby Wheeler, born February 13, 1987, Keith Wheeler, born November 15, 1989 and
Blake Wheeler, born August 15, 1991, shall be shared by their mother, the Plaintiff,
Victoria N. Wheeler and their father, the Defendant, Douglas A. Wheeler.
2. Physical custody of the said minor children shall be shared by their father and
mother on an alternating week basis, with all four children being in the physical custody
of their mother one week, the father the next week and in alternating weeks with each
parent thereafter. The day of the week on which custody shall be exchanged will be
agreed upon by the padies and, in the absence of a mutual agreement otherwise, shall
be after school on Friday afternoons. The padies further agree that each parent shall
have free and regular access to the children during the week that the children are in the
physical custody of the other parent.
3. The parties shall provide each other with information concerning the health,
education, and welfare of their children on a regular basis and shall encourage each
other to join in the decision-making process as to the children,s schooling, medical care,
and other important issues associated with their lives.
4. During the summer vacation from school, during the days when father is
unavailable to have the children with him because of his work, during his custodial
weeks, the mother shall have the children during the father's work day, if she is available
and not working herself. There shall, however, be no financial compensation paid to
mother for caring for the children during those periods of time. The parties agree to
cooperate in scheduling the days during the summer when mother shall have the
children because father is not available because he is working.
5. The parties recognize that there may be circumstances from time to time which
may prevent the exercise of custody at the agreed dates and times. To that end, the
parties agree that each will give timely and reasonable notice to the other of the
existence of such circumstances and will permit the other a reasonable period in which
to enjoy time with the children to make up for these lost periods.
6. In the event of any serious illness of the children at any time, any party having
~u~tody of the said children shall immediately communicate with the other party by
telephone of any other means, informing the other party of the nature of the illness.
During such illness, each party shall have the right to visit the children as often as he or
she desires, consistent with the proper medical care of the said children. The word
"illness" as used herein shall mean any disability which confines the children to bed
under the direction of a licensed physician for a period in excess of forty-eight (48) hours.
7. The parties shall exert every reasonable effort to maintain free access and
unhampered contact between the children and each of the parents, and to foster a
feeling of affection between the children and the other party. Neither party shall do
anything which may estrange the children from the other party, or injure the children's
opinion as to his mother or father, or which may hamper the free and natural
development of the children's love and respect for the other party.
8. The parties agree that the terms of this ',;tipulation shall be entered as an Order
in the above matter and that the hearing now scheduled for May 28, 1999, shall be
canceled.
BY THE COURT,
Distribution:
Maria P. Cognetti, Esquire
200 North Third Street, Harrisburg, PA 17101
Samuel L. Andes, Esquire
525 North 12ih Street, Lemoyne, Pa 17043
II
VICTORIA N. WHEELER,
Plaintiff
VS.
DOUGLAS A. WHEELER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUN'[Y,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1159 CIVIL TERM
iN CUb[ODY
$1'11~ U L.~.I'IO N
AND NOW come the above-named padies, with their attorneys, and stipulate and
agree that the Coud shall enter an Order in this matter providing as follows:
1. Legal custody of the padies' minor children, Ross Wheeler, born January 7, 1985,
Abby Wheeler, born February 13, 1987, Keith Wheeler, born November 15, 1989 and
Blake Wheeler, born August 15, 1991, shall be shared by their mother, the Plaintiff,
Victoria N. Wheeler and their father, the Defendant, Douglas A. Wheeler.
2. Physical custody of the said minor children shall be shared by their father and
mother on an alternating week basis, with all four children being in the physical custody
of their mother one week, the father the next week and in alternating weeks with each
parent thereafter. The day of the week on which custody shall be exchanged will be
agreed upon by the parties and, in the absence of a mutual agreement otherwise, shall
be after school on Friday afternoons. The parties further agree that each parent shall
have free and regular access to the children during the week that the children are in th,
physical custody of the other parent.
3. The partes shall provide each other with information concerning the health,
education, and welfare of their children on a regular basis and shall encourage each
other to ioin in the decision-making process as to the children's schooling, medical care,
and other impodant issues associated with their lives.
4. During the summer vaoation from school, during the days when father is
unavailable to have the children with him because of his work, dudng his custodial
weeks, the mother shall have the children during the father's work day, if she is available
and not working herself. There shall, however, be no financial compensation paid to
mother for cadng for the children during those pedods of time. 'fhe parties agree to
cooperate in scheduling the days during the summer when mother shall have the
children because father is not available because he is working.
5. The padies recognize that there may be circumstances from time to lime which
may prevent the exercise of custody al the agreed dales and times. To that end, the
parties agree thai each v~ill give timely and reasonable notice fo the other of lhe
existence of such circumstances and will permit the other a reasonable period in which
to enjoy time with the children to make up for these lost periods.
6. In the event of any serious illness of the children at any time, any party having
custody of the said children shall immediately communicate with the other party by
telephone of any oiher means, informing lhe other party of the nature of the illness.
During such illness, each pady shall have the right to visit the children as often as he or
she desires, consisfent with the proper medical care of the said children. The word
"illness' as used herein shall mean any disability which confines the children to bed
under the direction of a licensed physician for a period in excess of forty-eight (48) hours.
7. The parties shall exert every reasonable effort fo maintain free access and
unhampered contact between th~, children ~nd each of the parents, and to foder a
feeling of affection between the children and the other party. Neither party shall do
anyfhing which may estrange the children from the other party, or iniure the children's
opinion as fo his mother or father, or which may hamper the free and natural
developmenf of fhe children's love and respect for the other party.
8. The parties agree that fhe terms of fhis Stipulation shall be entered as an Order
in the above matter and that the hearing now scheduled for May 28, 1999, shall be
canceled.
IN WITNESS WHEREOF, the parties and their counsel have set their hands and seals
this ~ day of ~
1999.
t~_...~sq uire
Attorney for Plaintiff
Attorney for Defendant