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HomeMy WebLinkAbout03-0138LINDA WHALEN Plaintiff MS. MICHELLE KISTLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW ' NO. 2003-/3~ CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Linda Whalen, an adult individual, who currently resides at 1370 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michelle Kistler, an adult individual, who currently resides at 1516 Shirley Ave., Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks custody of the following child: William Owen Adams, age 15 years, born The child was born out of wedlock. The child is presently in the custody of Plaintiff. During the past five years, or since the child's birth, he has resided with the following persons at the following addresses: (a) from 1997 to January 2, 2003 with the Defendant and his sister Tosha Marie Adams, age 18, and the Defendant's male friend, Gregory Pianis, most recently at the Shirley Ave address and in the Carlisle area prior to that time. (b) from January 2,2003 with his sister Tosha and his Maternal Grandmother, the Petitioner, at 1370 McClures Gap Road, Carlisle PA 17013. The natural Mother of the child is Michelle Kistler. She is unmarried. The natural Father of the child is William Boyd Adams, however, he has had ~ittle recent contact with William as he resides in Florida. The Petitioner has spoken with the Father and he agrees that William should continue residing with the Petitioner. Further, he is available to accept primary physical custody of his son and arrange for William to finish the school year while residing with his Grandmother. 4. The relationship of the Plaintiff to the child is that of Maternal Grandmother. The Plaintiff currently resides with William and Tosha. 5. The relationship of the Defendant to child is that of natural Mother. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has some information of a custody proceeding concerning the child in a court of this Commonwealth. She has been informed there is an old custody order giving custody of William to the Defendant. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, other than the Defendant and Mr. Adams, the Father. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Mother had been the primary caretaker of the child but for a relatively lengthy period of time has had major problems with the treatment of the children by her abusive boyfriend. Mr. Pianis abuses alcohol and he is both verbally and physically abusive towards William and Tosha. The most recent incident when Mr. Pianis was intoxicated happened on January 2, 2003 and resulted in Mr. Pianis' arrest. William has no interest in returning to the Mother's home. (b) William is comfortable and secure in the Plaintiff's home. The Plaintiff needs to have an emergency Court Order so as to permit William to remain in a safe and stable home where he wants to live. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME William Boyd Adams ADDRESS 8302 Wire Road BASIS OF CLAIM natural father Zephyrhills, FL 33540 WHEREFORE, Plaintiff requests your Honorable Court to: A) grant custody of the child to the Plaintiff; B) set an emergency hearing in order to set the parties rights until such time as there can be a full hearing in this matter; C) grant an ex parte Order giving temporary custody of William to the Plaintiff so as to have her avoid being arrested or forcing the return of a child to a parent he does not wish to live with; (D) grant such other relief as is just and in the best interest of the child. Respectfully submitted, Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. LINDA WHALEN DATE: rob/domA~halen.cus • M. t"d'! /^` ' ` ~l -_ \ ~ ~ ~ ' ~y f r ~ .~ a y ~ -- ~ Tl ~ ~ t f ~ _.~ ~ ~ W ~ ~ _~~ J ~~ LINDA WHALEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COIJNT'Y, PENNSYLVANIA. V. MICHELLE KISTLER DEFENDANT • 03-138 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, January 10, 2003 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 11, 2003 at 1:30 PM 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 into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all ezisting Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Vernev~~q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information. about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 1.7013 Telephone (717) 249-3166 ~~~ ~ ~~ ~~~ ~O F/ ~ / ~nc~~ ~r~~~w~-`, ~,~vn~ ~ ! ~Zt ~~d ~ ! ~~~'r' ~;0 ~t~'f~.tC1i 1,~-, ~~ LINDA WHALEN, Plaintiff MICHELLE KISTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-138 CIVIL TERM IN RE: LAINTIFF S PETITION FOR EMERGENCY RELIEF p , ORDER OF COURT AND NOW, this 16th day of January, 2003, upon consideration of Plaintiff's Petition for Emergency Relief, a hearing is scheduled for Thursday, March 13, 2003, at 2:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Robert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff Michelle Kistler 1516 Shirley Avenue Carlisle, PA 17013 Defendant, Pro Se BY THE COURT, iCesley O~/fr.' ;rc + } ,. ~ _ ~ ' ~'~~ ~; ~ P ~f~ Gir <~ `~ ~. ;> > , ~ f 1-~~i~1 ~r ~ ~ LINDA WHALEN Plaintiff/Petitioner Vs. MICHELLE KISTLER Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- CIVIL TERM IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. Plaintiff/Petitioner is Linda Whalen, an adult individual, who currently resides at 1370 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. She incorporates the custody complaint attached hereto. 2. Defendant/Respondent is Michelle Kistler, an adult individual, who currently resides at 1516 Shirley Ave., Carlisle, Cumberland County, Pennsylvania 17013. 3. As stated in the Custody Complaint, Plaintiff/Petitioner does not want to force her Grandson to return to live with his Mother where is verbally and physically abused by Gregory Pianis. The Grandson has stated that he does not wish to be forced to return to his Mother's home but rather to remain living with his Grandmother where his sister has also moved because of the abusive situation. 4. Unless an ex parte order is granted by the court, the grandmother faces a serious dilemma. Plaintiff/Petitioner avers that the best interest and welfare of the child, William Owen Adams, is served by granting an ex parte order. WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court grant temporary custody of William Owen Adams to her. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: Robert L. O'Brien, Esquire Attorney for I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 robrien~obslaw, com robldomesticlwhalen.pet I verify that the statements made in the foregoing Petition for Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Linda Whalen Date: c .a C w --~ 0 04~ e '- ~' C.~, ~... ...y ti` ,I "~.~ ~ „_ n~ t' -~ V t ~~ O (f7l%. (~~ ~ Q f '•. i "L ~ .` ' e r ~ . _ e ~a ~ ~: ~. FEB 1 2 2003 LINDA WHALEN, Plaintiff MICHELLE KISTLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-138 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this lq /Z, day of ]'-'-~ ~ ,',a 2'~ ') ,2003, upon consideration of the attached Custody Conciliation Report, il: is ordered and directed as follows: 1. The Maternal Grandmother, Linda Whalen, and the Mother, Michelle Kistler, shall have shared legal custody of William Owen Adams, bom January 29, 1988. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Grandmother shall have temporary physical custody of the child. 3. Mother shall have periods of partial physical custody as the parties and the Child agree including overnights, provided the Child is not alone with Gregory Pianis. 4. Gregory Pianis shall attend anger management counseling. 5. Neither party shall do, nor permit any third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Robert L. O'Brien, Esquire, Counsel for Grandmother , Frances H. Del Duca, Esquire, Counsel for Mother LINDA WHALEN, Plaintiff Vo MICHELLE KISTLER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-138 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME William Owen Adams DATE OF BIRTH January 29, 1988 CURRENTLY IN CUSTODY OF Maternal Grandmother 2. A Conciliation Conference was held in this matter on February 11, 2003, with the following individuals in attendance: The maternal Grandmother, Linda Whalen, with her counsel, Robert L. O'Brien, Esquire and the Mother, Michelle Kistler, with her counsel, Frances H. Del Duca, Esquire. 3. The parties agreed to the entry of an Order irt the form as attached. Date /Jact~fe]ine M. Vemey, Custody Conciliator LINDA WHALEN Plaintiff MICHELLE KISTLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-138 CIVIL TERM IN CUSTODY MOTION FOR EMERGENCY RELIEF 1. Movant is Robert L. O'Brien, Esquire, counsel for the Plaintiff in the above-captioned Order. 2. The parties were able to reach an agreement at the Custody Conciliation in reference to the minor child. A copy of the Temporary Custody Order is attached hereto. Movant respectfully requests the Court cancel the Hearing scheduled for March 13, 2003. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: Robert L.'"'(~'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Penhsylvania 17013 robrien@obslaw.com rob.dirldomesticlwhalenlemerg.mot FE~ ~ 2 LINDA WHALEN, Plaintiff V. MICHELLE KISTLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-138 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this /__¢ ~ day of ~.,~ -) -, , _00.~, upon consideration of the attached Custody Conciliation lkepon, it is ordered and directed as follows: 1. The Maternal Grandmother, Linda Whalen, and the Mother, Michelle Kistler, shall have shared legal custody of William Owen Adams, bom January 29, 1988. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Grandmother shall have temporary physical custody of the child. 3. Mother shall have periods of partial physical custody as the parties and the Child agree including overnights, provided the Child is not alone with Gregory Pianis. 4. Gregory Pianis shall attend anger management counseling. 5. Neither party shall do, nor permit any third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Robert L. O'Brien, Esquire, Counsel for Grandmother Frances H. Del Duca, Esquire, Counsel for Mother !':;~ ~!. C:,i'; '.' ~': 7;;~' i~-~ Prothono[arv LINDA WHALEN, Plaintiff V. MICHELLE KISTLER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003-138 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME William Owen Adams DATE OF BIRTH January 29, 1988 CURPdENTLY IN CUSTODY OF Maternal Grandmother 2. A Conciliation Conference was held in this matter on February 11, 2003, with the following individuals in attendance: The maternal Grandmother, Linda Whalen, with her counsel, Robert L. O'Brien, Esquire and the Mother, Michelle Kistler, with her counsel. Frances H. Del Duca, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date /.50"ac~eline M. Verney, Custody Conciliator LINDA WHALEN Plaintiff MICHELLE KISTLER Defendant FEB 2 6 ZOO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-138 CIVIL TERM IN CUSTODY ORDER AND NOW, this ~.7/"~-. day of ~. L~. ,2003, upon review of the attached Motion the hearing scheduled for Thursday, March 13, 2003, at 2:00 p.m. is cancelled. BY THE COURT, LINDA VVHALEN Plaintiff MICHELLE KISTLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-138 CIVIL TERM IN CUSTODY MOTION FOR EMERGENCY RELIEF 1. Movant is Robert L. O'Brien, Esquire, counsel for the Plaintiff in the above-captioned Order. 2. The parties were able to reach an agreement at the Custody Conciliation in reference to the minor child. A copy of the Temporary Custody Order is attached hereto. 3. Movant respectfully requests the Court cancel the Hearing scheduled for March 13, 2003. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: Robert L.'"'6'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Penhsylvania 17013 robrien@obslaw.com rob.dirldomesticlwhalenlemerg.mot t (.J t'k.occ-e LINDA WHALEN, Plaintiff V. MICHELLE KISTLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-138 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this /,/~ day of .~.~ . '~_00.~,' upon consideration of the attached Custody Conciliation lb, eport, it is ordered and directed as follows: 1. The Maternal Grandmother, Linda Whalen, and the Mother, Michelle Kistler, shall have shared legal custody of William Owen Adams, bom January 29, 1988. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Grandmother shall have temporary physical custody of the child. 3. Mother shall have periods of partial physical custody as the parties and the Child agree including overnights, provided the Child is not alone with Gregory Pianis. 4. Gregory Pianis shall attend anger management counseling. 5. Neither party shall do, nor permit any third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Robert L. O'Brien, Esquire, Counsel for Grandmother Frances H. Del Duca, Esquire, Counsel for Mother LINDA WHALEN, Plaintiff MICHELLE KISTLER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-138 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME William Owen Adams DATE OF BIRTH January 29, 1988 CURRENTLY IN CUSTODY OF Maternal Grandmother 2. A Conciliation Conference was held in this matter on February 11, 2003, with the following individuals in attendance: The maternal Grandmother, Linda Whalen, with her counsel, Robert L. O'Brien, Esquire and the Mother, Michelle Kistler, with her counsel. Frances H. Del Duca, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date /.~ac~o~eline M. V~rIne-t;, Custody Conciliator HAY 1 3 2003 5~ LINDA WHALEN, Plaintiff MICHELLE KISTLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-138 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 13th day of May, 2003, the Conciliator not being contacted for another Conciliation Conference for 90 days, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ey, Esquire, Cus~dy Conciliator