HomeMy WebLinkAbout98-06660
~
-...;
J
~
~
-...;
~
I
i
, ~!
~I
I
-:---
,
.:l
~
I
<:::Ii
~'
~
~'
.,
~,
c;'
.i~
;~;
IIA'UJAJ{A ,'ANE WELLS,
ncs'IOIulclIl/l'hllllllIT
'N TIlE COlllfl' OF COMMON I'LEAS
ClJMIIEIU.ANI) COlINT\' ,"ENNSYL \' ANIA
v.
NO.
CIVIL TE'{M l' J. lA.. t..lJ
TIMOTHY CLAnK WELLS,
"ctitloncrll>cfcndnn I
: CIVIL ACTION. LAW
: CUSTODY ACTION
I'ETlTION FOI{ MODIFICATION OF A "AnTIAL
CUSTODY OR VISITATION OlmEH
TO THE HONORABLE JUDGES OF SA//) COURT:
I. The Petitioner/Father is Timothy C. Wells who resides at 310 Il'h Street. New
Cumberland, Cumberland County, Pennsylvania 17070.
2. The Respondent/Mother is Barbara Jane Wells. who resides at 'i 3r' York Street.
Mechanicsburg. Cumberland County. Pennsylvania 17055.
3. Petitioner seeks legal and primary physical custody subject to the mother's liberal
periods of visitation of the following children:
NAME
PRESENT RESIDENCE
DOB
Timothy Wells, Jr.
310 11'h Street, New Cumberland, PA
11/3/87
Christen Wells
310 111h Street, New Cumberland, P A
5/10/85
4. The petition of father respectfully represents that on August 4, 1995 an Order of
Court was entered for Primary Physical Custody and Visitation, a true and correct copy is hereby
altached.
5. The parties agreed to modify the eustody and visitatioll schedule in April of I')<JH.
and agreed that Timothy Wells, Jr. would reside with the Petitioner. subject to Respondellt's
periods of liberal visitation; he has resided with the Petitioner since April.
6. On or about Novcmber I. 1998. the parties did agree to lilrlher modify the Order
and agreed that Christen Wells would also reside with Petitioner. Respondent did proceed to
enrol her in school in New Cumberland.
7. Both children are presently in the physical custody of Petitioner at 310 II 'h Street.
New Cumberland. P A 17070.
8. The August 4. 1995 Order should be modified because:
A. Timothy Jr. does not wish to reside with the Respondent. refuses to see her
and threatens destructive behavior if forced to return to her.
B. Christen wishes to reside with the Petitioner.
C. Timothy Jr. and Christen Wells wish to reside with each other.
D. Respondent does not have time to spend with Timothy Jr. and Christen
because of her work schedule and her one year old child to her new husband.
E. The Respondent has made disparaging comments to the children regarding
the Petitioner.
F. Petitioner can provide a stable environment for both children.
G. Petitioner can provide a loving home for both children.
2
VERIFICATION
I verily that the statements made in this ('omplaillllll'e true and correct. I understand that
litlse sllltements 11<:rein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn fulsification to authorities.
DATED:
'1
L:,.
rf'
IIAIUJARA ,lANE WELLS,
I{cs pondcn 1/1'lnl n I i ff
IN TilE counT OF COMMON I'LEAS
ClJMIlEnLANI> COllNTY,I'ENNSYLV ANIA
v.
NO, ')8-6(,60 CIVIL TEnM
TlMOTIIY CLARK WELLS,
I'cli Iloncr/Dcfcndnn I
CIVIL ACTION - LA W
: CUSTOI>Y ACTION
I '..f.... ,.'\ 1
1 l ~ .....
II l / .
I~
Temporary Custody Order
t , {(!,,~_..
AND NOW, this day of , 19_, upon presentation of the
foregoing petition, it is hereby ordered that Petitioner, Timothy C. Wells shall have Temporary
ells/OIly of the children: Timothy Wells, Jr. and Christen Wells, pending the December 14, 1998
hearing before this court on the mailer. It is further ordered that Respondcnt shall remain in the
West Shore School District pending thc scheduled hearing.
By the Court:
Date:
f' "
BARBARA JANE WELLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
"
CIvr~ ACTION - LAW
TIMOTHY CLARK WELLS,
Defendant
~.:.
c;..:;
c''
'..
95~4086 CIVIL TERM
",
_I
..~. r~
.. c'
IN REI EMERGENCY REARING '""
,
-'
-,-
ORDER OF COURT .....
.....-.... u:> ,
..."
AND NOW, this 4th day of August, 199!;, the
parties were in court this morning for a hearing on an emergency
petition that I set for today, Although I did not hear
extensive testimony, I feel that the parties have now reached an
agreement on most issues, at least until the conciliator's
hearing, And therefore, based partly on that agreement and
partly on my own decision, the Court makes the fOllowing order:
The mother shall have primary physical ~ustody of
the children. The father may retain custody of the children
unt~~ Sunday, August 6th, 1995, at 1:00 p,m., at which time the
..':' ""';"ohildren will be delivered to their mother. The parties have
.~~:"~~.:
. . agreed to alternating weekends from Friday at 4:00 p:m, to
Sun~ay at 2:00 p.m. until such time as the conciliator's hearing
is held.
The mother is going away the weekend .of the 11th.
Therefore, the Court directs that the father shall also have the
children for the weekend of Friday, August 11th at 4:00 p.m.
until Sunday, August 13th, at 2:00 p.m., and alternating
~l
/
"
EXHIBIT "A"
I
h
"j;
"
weekends thereafter,
The parties have agreed to other matters
concerning counseling and a psychia~rlst, and I will let tho
parties carry out those agreementspetween themselves without
,
..
making it a part of a court order.,:.
By the' Court,
CUt\'/~ /f~.
Harold E, Sheel , P.J,
,
, ~rbara Sumple-sullivan, Esquire
~~r the Plaintiff
Peter J, Russo, Esquire
For the Defendant
mal
r
November 2, 1998
Timothy C. Wells
310 South 11th Street
New Cumberland, Pennsylvania 17070
Re: Barbara J. Wells v, Timothy C. Wells
Docket Number: 95-4086 - Custody
Dear Mr. Wells:
Enclosed is a copy of an Order granting primary physical
custody of the two (2) minor children to their mother.
According to Ms, Sadler, six months ago after your son
discussed with you the possibility of terminating your parental
rights thereby enabling him to be adopted, you convinced him
that it would be in his best interest to move in with you. Ms.
Sadler acquiesced in this matter and Timothy has been living
with you since then, He no longer even visits with his mother
and step father and his behavior in school has declined. His
grades have plummeted.
This weekend when transportation for Christen became an
issue, she expressed a desire to stay with you.
~
Please be advised that my clients are demanding that
Christen be returned home immediately and that Timothy begin
alternate weekends at my client's residence beginning this
Friday at 6:00 p.m. He will be returned on Sunday at 6:00 p.m.
This arrangement will continue until further Order of
Court, Be advised however that my clients intend to petition
the Court to modify the current arrangement so that both
children will resume living with Mother and the alternate
weekend schedule will be limited to Saturday visits with no
overnights. This action is necessitated because my clients
submit that your conduct is undermining their parental authority
to the detriment of the children.
THIS MATTER WARRANTS YOUR IMMEDIATE ATTENTION. UNLESS
CHRISTEN IS RETURNED IMMEDIATELY WE WILL SEEK EMERGENCY
ASSISTANCE FROM THE COURT. This time we will request that
P.O. 80,( 5320
Harrisburg, PA 17110.5320
HarrlSburl]
4407 Nortn Front Street
Hilfflsburg, PA 17110
/lll) 232.8525
(800) 571.2727
CumbmlarlfJ Count"
17 E Hlf}h 51.. SUlle 10.1
Cnrllsle. PA 17013
(717) 245.9451
'I/oI""llf}I,," or;
1 '\ ''1 I'f~flll'; 'ill .IIIM ,\ '. II '. I
'N.I',tOIl'llllll. DC ;'OlJlJ.'l
1:'0;;, ""1_' ,'It WI
EXHIBIT "B"
.,
II
(
(
BARBARA JANE SADLER (WELLS),
Petitioner,
IN ~HE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
95-4086 Civil Term
TIMOTHY CLARK WELLS,
. "
:..:,
()
"
,",
Respondent,
:--:
CIVIL ACTION--CUSTODY
.;
~
.h
;::1
PETITION FOR EMERGENCY RELIEF - CUSTODY
.-
~. ';.:J
:'~l~~ .
. :',-.
'-:j
..,~
, "
;.;;
. ,
Petitioner, BARBARA J, SADLER (WELLS), by and through;her~
. - ...
I:'
i
1/
'.
'I
I,
,:
"
"
II
il
11
:1
I
I
I
attorneys, GERALD S. ROBINSON, ESQUIRE and ROBINSON & GERALDO,
respectfully requests relief as follows:
1, Petitioner, BARBARA J, SADLER (WELLS), an adult, is the
natural mothers of CHRISTEN V, WELLS, age thirteen (13) and TIMOTHY
C, WELLS, JR., age eleven (11), who resides at 930 South York Street,
Mechanicsburg, Cumberland County, Pennsylvania.
2, Respondent, TIMOTHY CLARK WELLS, an adult, is the natural
father of the minor children who resides at 310 South 11th Street,
New Cumberland, Cumberland County, Pennsylvania,
3, Petitioner separated from the natural father of the
children TIMOTHY CLARK WELLS in 1988 and the parties ultimately
divorced,
.~.
,~j
',;~
f;f
~'x
;;;
;t
:~.
i
II
il
4. Both minor children resided with the Petitioner for their
entire lives until April of 1998 when the son, TIMOTHY C, WELLS, JR,
moved in with his natural father,
5, In July of 1995 Respondent, TIMOTHY CLARK WELLS, refused to
return both of the children to Petitioner after he picked them up
from daycare,
q
u
q
1
.
i
1
.
i
,
(
~
~
~
ij
p
j
~
,
I
I
6, By Order dated August 4, 1995, this Court directed
Respondent to return the children to their mother on or before
6, 1995, A copy of this Order is attached hereto as Plaintiff's
Exhibit "1",
'I
1
I
I
j
I
t
~
d
1
1
:1
'!
7, The aforesaid Order granted Petitioner primary phYSical
custody of the children and Respondent was granted partial phYSical
custody of the children on alternating weekends,
8, The provisions of the aforesaid Order were followed by the
parties until primary physical custody of the son was revised
informally by agreement of the parties as stated in Paragraph 3,
9, Petitioner remarried and is now living with her husband,
her daughter Christen and the Couples' minor child.
10. On the weekend of October 21, 1998, the minor daughter
Christen visited with Respondent as provided by the terms of the
Emergency Order,
11. On Sunday evening, November 1, 1998, at the conclusion of
the weekend visit the parties had a dispute about the child's
transportation home.
12. Respondent has since refused to return the minor child home
to Petitioner despite Petitioner's demands which were reduced to
writing and sent to Respondent, A copy of this letter is attached
hereto as Plaintiff's Exhibit "2".
1
i
1
"
~
~
~
h
.
r
f
i
I
!
.
.
1
l
J
13. In reply to the said letter Respondent through his wife
advised Petitioner that he had no intent on sending the minor child
back home and that she would be enrolled another school,
14, Upon information and belief the minor child did not attend
school Monday through Thursday of the ensuing week,
"
i
i!
:1
II
I'
!I
I
I
I
,
(
(
15, Rospondent and hi. wife are openly disparaging of the
Petitioner to the minor children,
16, As a result of hearing Respondent's disparaging remarks
about Petitioner the minor son Timothy has not visited with the
Petitioner on alternating weekends as the parties agreed,
17, The minor son's grades have plummeted and he has been
unruly in school since he has been in Respondent's custody,
18, It is in the children's best interest to be returned
.
II
,
i
.
ii
"
!;
j~
"
,
!.
..
immediately to Petitio~er, the natural mother,
19, Petitioner has been forced to incur substantial legal fees
as a result of Respondent's actions.
WHEREFORE, for the foregoing reasons Petitioner requests this
Honorable Court to direct Respondent to return the children to
Petitioner immediately pending further Order of this Court.
Respectfully submitted:
ROBINSON & GERALDO
L~
By
Gerald S, Robinson, Esquire
Attorney I,D. NO, 27423
4407 North Front Street
P,O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Petitioner,
IJAIUJAHA ,JANE WELLS,
l{cs/londcntll'lnin I irr
IN TilE COllin OF COMMON PLEAS
('(II\IIIEIU.,\NI) ('OlINn',I'ENNS\'L VANIA
v,
NO, 1J8-()(,(,f1 CIVIL TEI{I\I
TIMOTHY CLAnK WELLS,
I'ctilioncr/l>cfcndanl
CIVil, ACTION - LAW
CUSTOI>Y ACTION
VEnlf'lCATION
I verify that the statements made in this Petition arc true and correct. lundcrstand
that false statements herein arc made subject to the penalties of 18 Pa.C.S. Section 4904 rclating
to unsworn falsification to authorities.
DATED: //- ,R~- 98
BARBAnA JANE WELLS,
Rcs pondcn 1II'In in I iff
IN TilE COlllrJ' OF COl\ll\lON I'LEAS
ClIl\lIlEIU.ANI> COUNTY,I'ENNSYI.V ANIA
\',
NO, 1)8-(,(,c.l1 CIVIL TEItM
T1MOTIIY CLARK WELLS,
Pct ilioncrll)cfcnd nn I
CIVIL ACTION - LAW
CUSTOI>Y ACTION
CEIrJ'IFICATE OF SERVICE
I, Michael S. Travis, cerlilY that I have this day served true and correct copy of the
foregoing documcnt hy first class mail, postage prepaid, Oil the following person. uddressed as
follows:
Gerald S. Robinson, Esquire
ROBINSON & GERALDO
4407 North Front Strcct
Harrisburg, P A 17110
Dated: /) /H /7F
----~
~/ -
Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717)731-9502
Fax 731-9511
Attorney for Petitioner
MICHAEL S. TRAVIS
An.....y IIl.ow
~76 Mlflttt Stroll, Suh. 20'1
Camp HIli. PA 17011
relephone (717) 73109S02
t;; i:/ :~ ;,
BARBARA JANE WELLS,
nespo nil en tfl'lnln tl ff
IN THE COURT OF COMMON PLEAS
ClIl\1BERLAND COUNn',PENNSYLVAN'A
v.
: NO. 98-6660 CIVIL TERM
TIMOTHY CLARK WELLS,
Petitionermefenllant
: CIVIL ACTION - LA W
: CUSTODY ACTION
Petition for Interim Custod)' Ordcr To Kecp Children in School
Pending Custod)' Hearing
]. Petitioner is Timothy C. Wells, father of the children Christen Wells, age] 3, and
Timothy Wells, Jr., age]], and Defendant in the above-captioned malter; petitioner currently
resides at3] 0 ] ,th Street, New Cumberland, Cumberland County, Pennsylvania] 7070.
2. Respondent is Barbara J. Wells, mother of the children and Plaintiff in the
above-captioned matter; respondent currently resides at 930 York Street, Mechanicsburg,
Pennsylvania] 7055.
3. The children are presently residing with Petitioner, at 310 1] lh Street, New
Cumberland, Pennsylvania 17070.
4. By Order dated August 4, 1995, this Court granted primary physical custody of the
children to the mother. A copy of this Order is altached hereto as Exhibit A.
5. The provisions of the aforesaid Order were followed by the parties until primary
physical custody of the son was revised by the parties in April of '998, when the son, Timothy
Wells, Jr. moved in with his natural father,
6. On or about November], ] 998, the mother also allowed the daughter, Christen Wells,
to move in with her natural father.
7. Both children wish to reside with the father.
8. The Mother did agree to allow Christen Wells to be taken out of the Mechanicsburg
Area School District, and be enrolled by the father in the West Shore School District in New
Cumberland which took place on or about the first week of November, ] 998.
9. Apparently, the mother changed her mind, and demanded that both children be
returned to her sometime over the November 1" weekend. A letter by her counsel followed, a
copy of which is altached hereto as Exhibit B,
"" &II
l:f'H.1CN'
hearing, And therefore, based partly on that agreement and
partly on my own decision, the Court makes the following order:
The mother shall have primary physical ~ustOdy of
the children, The father may retain custody of the children
unt~t Sunday, August 6th, 1995, at 1:00 p.m" at which time the
.- ':'. .'. ,<~1..;children will be delivered to their mother. The parties have
~.I>t>r~~" , ..
"~'..:~n,,~~~:,::.,... _."...
.. '. agreed to alternating weekends from Friday at 4: 00 p:m. to
Sun?ay at 2:00 P.m. until such time as the conciliator's hearing
is held.
(
BARBARA JANE WELLS, IN THE COURT OF COMMON PLEAS Of'
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
"
V, CIVn.. 1\CTION - LAW
"'-~
,. c:
,:,. . ...,
TIMOTHY CLARK WELLS I : ,
'"
Defendant 95"4086 CIVIL TERM -,
.';:' r-.::
HEARING c:'
IN RE: EMERGENCY ""
-'-
ORDER OF COURT . -
~ .,' u::> .
<..M
AND NOW, this 4th day of August, 1995, the
parties were in court this morning for a hearing on an emergency
petition that I set for today, Although I did not hear
extensive testimony, I feel that the parties have now reached an
agreement on most issues, at least until the conciliator's
F
f'
i
t'
The mother is going away the weekedd,of the 11th.
Therefore, the Court directs that the father shall also have the
children for the weekend of Friday, August 11th at 4:00 p.m,
until Sunday, August 13th, at 2:00 p.m., and alternating
F'
EXHIBIT "A"
R&G
ROlliNSON
GEIlALDO
Aflrllllf'}IIII!.(Jl('
A f'rofeH"m..l Co'poratlOn
November 2, 1998
Timothy C. Wells
310 South 11th Street
New Cumberland, Pennsylvania 17070
Re: Barbara J. Wells v. Timothy C, Wells
Docket Number: 95-4086 - Custodv
Dear Mr. Wells:
Enclosed is a copy of an Order granting primary physical
custody of the two (2) minor children to their mother.
According to Ms, Sadler, six months ago after your son
discussed with you the possibility of terminating your parental
rights thereby enabling him to be adopted, you convinced him
that it would be in his best interest to move in with you. Ms.
Sadler acquiesced in this matter and Timothy has been living
with you since then. He no longer even visits with his mother
and step father and his behavior in school has declined. His
grades have plummeted.
~
This weekend when transportation for Christen became an
issue, she expressed a desire to stay with you.
Please be advised that my clients are demanding that
Christen be returned home immediately and that Timothy begin
alternate weekends at my client's residence beginning this
Friday at 6:00 p,m, He will be returned on Sunday at 6:00 p.m.
This arrangement will continue until further Order of
Court. Be advised however that my clients intend to petition
the Court to modify the current arrangement so that both
children will resume living with Mother and the alternate
weekend schedule will be limited to Saturday visits with no
overnights. This action is necessitated because my clients
submit that your conduct is undermining their parental authority
to the detriment of the children.
THIS MATTER WARRANTS YOUR IMMEDIATE ATTENTION. UNLESS
CHRISTEN IS RETURNED IMMEDIATELY WE WILL SEEK EMERGENCY
ASSISTANCE FROM THE COURT, This time we will request that
P.O. Ball' 5320
Harflsburg. PA 17110.5320
Harnsburg
4407 Nortn Fronl Slreer
Hamsburg. PA 17110
(717) 232.8525
(800) 571.2727
Cumberland CounlY
17 E HIgh 51. SUlle 104
Carlisle, PA 17013
(717) 245.9451
Wasr,mglon, D_C.
1316 Pennsylvania Ave" S.E.
Wasrlln;lon, 0 C. 20003
12021544.2889
EXHIBIT "B"
1
~
..
i;
Ii
II
II
"
II
11
II
II
I,
I-
"
!/
;j
II
I'
il
I'
i
'/
I
(
1
1
,
.1
Ii
II
Ii
ii
I,
"
,I
"
BARBARA JANE SADLER ("'ELLS),
111 THE COURT or COMMOII PLEAS
CUMBERLAIID COllIIT)' ,Pl:NNSYLVANI
Petitioner,
v,
95-4086 CIV1L TERM
TIMOTHY CLARJ< WELLS,
Respondent,
CIVIL ACTION-CUSTODY
ORDER
AND NOW, this :)c,tJ. day of
Pl,...".-i...'--' ,1998 upon
.
consideration of the within Petition for Emergency Relief, a hoaring
is scheduled for the 1'1:t1- day of hrrr'~)'{J, 1998, at
q :3D o'clock J:L,m, in
Pennsylvania,
(", R. =# '-!
, Cumberland County,
/J/ 1'C._,-, k . ~
J,
TRUE COpy FROM RECORD
In T~!f;monl' wh'reof, I here unto set my hand
and the seal of said Courl at Carlisle, Pa.
This ...p.,I?."'!?::... day of,":?'J.~y..:..,.., 191~,..
-J ;;t- 'P '
. . ................"
- ....f:....11-~.....P;:h!no~~
EXHIBIT "e"
.,
,I
!I
I
(
(
BkRBkRA JkNE :SADLER (WELLS),
PetHioner,
:IN 1J'HE 'COURT OF COMMON PLEAS
CUMBERLhl<D COUNTY, PENNSYLVkNI)\
v,
95-4086 Civil Term
TIMOTHY CLARK WELLS,
(.-:.
~.:
Respondent,
CIVIL ACTION--CUSTODY
,
PETITION FOR EMERGENCY RELIEF - CUSTODY
Petitioner, BkRBARA J. SADLER (WELLS), by
,"
and through~her;
il
II
'.
'/
!!
,;
i,
.,
II
11
il
11
i'
I
i
I
i
II
il
I'
attorneys, GERALD S. ROBINSON, ESQUIRE and ROBINSON & GERALDO,
respectfully requests relief as follows:
1, Petitioner, BARBARA J. SADLER (WELLS), an adult, is the
.~
~':-J
(")
."
.....
.-: -1
'==
.h
-='
'.
-.
...;;.,
-;-i
,:l~.
..~
..~
,.-
=<
..:;
'-
._."
,:,'
natural mothers of CHRISTEN V, WELLS, age thirteen (13) and TIMOTHY
C. WELLS, JR" age eleven (11), who resides at 930 South York Street,
Mechanicsburg, Cumberland County, Pennsylvania.
2, Respondent, TIMOTHY CLARK WELLS, an adult, is the natural
father of the minor children who resides at 310 South 11th Street,
New Cumberland, Cumberland County, Pennsylvania.
3, Petitioner separated from the natural father of the
children TIMOTHY CLkRK WELLS in 1988 and the parties ultimately
divorced.
4. Both minor children resided with the Petitioner for their
entire lives until April of 1998 when the son, TIMOTHY C. WELLS, JR,
moved in with his natural father.
5, In July of 1995 Respondent, TIMOTHY CLARK WELLS, refused to
return both of the children to Petitioner after he picked them up
from daycare,
i.
~
~
,
(
(
t
~
,
1
~
I
~
~
1
~
r
,
~
~
~
\
j
'i
6. By Order dated Augunl 4, 1995, this Court directed
Respondent to return the children to their mother on or before
6, 1995, A copy of this Order is attached hereto as Plaintiff's
Exhibit "1",
. I
.
.
~
r
j
If
.
r
~
I
j
I
:
;
7, The aforesaid Order granted Petitioner primary physical
custody of the children and Respondent was granted partial physical
custody of the children on alternating weekends,
8. The provisions of the aforesaid Order were followed by
parties until primary physical custody of the son was revised
informally by agreement of the parties as stated in Paragraph 3,
9. Petitioner remarried and is now living with her husband,
her daughter Christen and the couples' minor child,
10, On the weekend of October 21, 1998, the minor daughter
Christen visited with Respondent as provided by the terms of the
Emergency Order.
11, On Sunday evening, November 1, 1998, at the conclusion of
the weekend visit the parties had a dispute about the child's
transportation home.
12, Respondent has since refused to return the minor child home
to Petitioner despite Petitioner's demands which were reduced to
writing and sent to Respondent, A COPj' of this letter is attached
hereto as Plaintiff's Exhibit "2",
"
. ,
!i
,
.
]
13. In reply to the said letter Respondent through his wife
advised Petitioner that he had no intent on sending the minor child
back home and that she would be enrolled another school,
14, Upon information and belief the minor child did not attend
school Monday through Thursday of the ensuing week.
,j
/,
'I
II
II
1/
I'
j
,
,
(
(
15. Respondent ~nd his wife ere openly disparaging of the
Petitioner to the minor children.
16, As a result of hearing Respondent's disparaging remarks
about Petitioner the minor son Timothy has not visited with the
Petitioner on alternating weekends as the parties agreed,
17, The minor Son's grades have plummeted and he has been
unruly in school since he has been in Respondent's custody,
18, It is in the children's best interest to be returned
immediately to Petitioper, the natural mother,
19, Petitioner has been forced to incur substantial legal fees
1
l
"
"
:i
.,
"
J,
"
.
r:
:i
~
Ii
II
'I
II
II
II
II
.,
J'
:1
II
"
as a result of Respondent's actions,
WHEREFORE, for the foregOing reasons Petitioner requests this
Honorable COurt to direct Respondent to return the children to
Petitioner immediately pending further Order of this COurt,
Respectfully submitted:
ROBINSON & GERALDO
k~
By
Gerald S. Robinson, Esquire
Attorney 1.0, No. 27423
4407 North Front Street
p,O, Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Petitioner,
BARBARA JANE WELLS,
I{cspondcn tll'lnintiff
: IN TilE COllIn OF COMI\ION I'LEAS
: ClJl\f1lERLANIl COlINT\',I'EIliNSYLVANIA
\',
: NO. 98.(,6(,0 CIVIL TlmM
TIMOTHY CLARK WELLS,
Pctitionerfficfcndnnt
CIVIL ACTION. LA W
CUSTODY ACTION
VERJFICA TION
J verify that the statements made in this Petition are true and correct. I understand
that false statements herein are made subject to the penalties of '8 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities,
DATED: 1/- tRif- 98
~\\O~ 0\ I,\\e
>:}'QO~ 'Qtese~ se ,\:ettl'QO '
,\9"""'-;C' ~e\\SS\\~\wa; rs.ioet\f",'!! ~
,0\ __,....;,\ttlo\\\i. 't1 I,\\e \)ece / ." to
. -< '" v;;i""" ..,\~. <t"'" ' "" #-'
.0,,0" . "''' --;;; ~,.,' ",,' .. C....'",. , "" ...#'
/>.~ . 'ort \\\s\\ete ,....,,~e\\;,,)t' "',....\\etotoete
. ",e\\\\ "., ,\\ttlo'''' '\ \s \v\' _",:t\'io'
\ote'ioO\~'io Y C\\e c\\\\otetl" I,\\e ttI'3.,,<-et.. ~eo>:}\eo \\e""
custodY 0\ ~ote I,\\\s co~{\. ~:\ 'Qe~o\~'f:.l,\\e ;,c
\\e.j.~'io '0 '6c'f>oo\ \)\s\t\
~ e;,\ '6'f>ote
" "\/'
,\\'J
",.0:\..\.-:" ",
~p,.~t. "", \l\'\~\~\\'\
\\/>.W\/>.\\./>. \\C;,\,,\\t1UCtl
~ \,\.t.I'>'6 ,\1-
. . CO'/l\'/I\O: ' '.;.'i\. ~ I'>~
. CO\'\\\'\ O~ ~~'\'\ ~\'.~~'
, \~ ,\:\\\" 1-"\) CO
" C\'\'/I\\\~'\\\. ..-.0\'-'/1\
. C\~\\. \ '"
\ t)'i,obbb\\
\ ,,0, \ ,,\~
'0" 0 ..."
\ I\\./'-C"\
. 0"
, 0"
\ ",\ p,.C'\:\
" C\JS"\Ov
'i,
. \~t.\.\.S,
..-\\'\ C\./>.\\.\' tl\)e\c~u~~\
,\:\~O \ ye\\\\\\~e
" OtOet
,C>:};,\0\11
,\ettl\"ot'3.t'i
Co>:}{\.',
\\il,\\e
\)~\e',~
::-""':!::;:.::o
=->oo~
:-;:.::.....:2>-
: ;:'::ZZr-
:C/iOCllO
:. o:l;>:l Oz CIl
- c:...., .
=-;:':::I:::\>;:.::
=O"l":'O
: ' ;>:l...., o:l
:",-oom_
:>-Z~t3
:"'::::;""'r-O
-CIlOZ
O~Om
m to
...., c:::
~
.~
.
0
., :s:
.
n < ~()
.' . ~ I
. ~
< , 0 )>
· M
~ . 1'1
I Z r
r ~ M
~ ~ < (j)
n
u ~ ~
. ~ ....,
r :n
" ~ . )>
9 c ~ :S
- ~
M III
.
o
.
.~
, .'
> -:"1
;. ~ - . -", ~
. '#"
'I',~I(.
:.1, '!J(
~C"'~(
.... t;.. 1\4. .
q.,'r.. \,.
. l...~.
',:>.,:
..'
"
;'l ~-/'
.
'"
-,
.,~
';if
,
"
<-I
~i
,
~:_;:
i.f
- '~
"
~~(
, '..,
,,'
. ,
I;
, ,
.).
,
:'"
'"
I';i'~,u,
II ~ t'.)I
BARBARA JANE WELLS,
Hcspondcntll'ln inlifr
IN TilE COUHT OF COMMON I'LEAS
CllMBERLAND COUNTY,I'ENNSYLV ANIA
\'.
NO. 98-(,(,60 CIVIL TERM
TIMOTHY CLARK WELLS,
I'ctitioncrlDcfcndnnl
CIVIL ACTION - LAW
CllSTOIH' ACTION
Temporary Custody Order
AND NOW, this day of , 19_, upon presentation of the
foregoing petition, it is hereby ordered that Petitioner, Timothy C. Wells shall have Temporary
clIs/ody of the children: Timothy Wells, Jr. and Christen Wells, pending the December 14, 1998
hearing before this court on the malter. It is further ordered that Respondent shall remain in the
West Shore School District pending the scheduled hearing.
By the Court:
Date:
....
.
0
,
", ~
" , }. i)
" "
, D ., I
" , .,
~ 0 l>
I , ~ ,.,
F '" z r
~ ~ M
~ < Y1
o ~ ~
. ~
~ -j
::; r
9 '" . :u
c ~ l>
.. :; $
~
N ill
0
~
'.
"
'; I
"'.' 'il:
;, ,"~~i)t:.,
i.:\,~11(
, .
t,~ t.'
',' ~l "I
, tJ r;'
.
:'
~
\
,(
~;'~
, ,
~':'
"'"~,
1
. 'f
!
.,
,If
0'
,
:: n;g;>$:
=>"":j-
=-$:'" n
:..."l:l$:o:r:
= :s>~~
:: r;>:l CT1 r
=-r7':><:en
- CT1 .
:: :;::-l>-l
=.....en-l;>:l
:---lr>
:...Cl;>:l><
_CT1""-
_CT1<;en
.:-'
en
c:
::J
CT1
N
o
'"
I
I
I
,
I
,
,
I
~l
I, ...).....,
:;:t
';'
i*:
! '.
(
.
f
!
i
,
i.,
i,'';:
Vi
I
,
"
I .
,i" ~~.~
: '
b \ i ,f~
f.,. ,.,4'1.('
'~. ['~.. '.'~ ' f.'i."
~' .1,'. _~t
t' 4 ; , ' :: ~
, .' I.... ".\~
I ". I, ',,,..
.',.. ~~.'<:t '1ii~
; , "
I.\~ t, ',,~ " '
" ,~ ~" 2~
,";:"k~' t,,' , t,
.."..,_ ;,,'C':":,",
._..,,,~J1J,'.
,.,<-;{0.y:~g;"'. .
.--" -
~ ~ -. ......
MICHAEL S, TRAVIS
Anomey II Law
01076 M..... $trH~ SIlNo 209
Cemp HiI,..... 11011
Telephone (1111131,9502
NOV 25 1998 tP
BARBARA JANE WELLS,
nc~ pn n d ('n t/l'ln int I rr
: IN THE COURT OF COMMON I'LEAS
: ClIMBERLAND COUNTY,I'ENNSYLV ANI A
\'.
: NO, 98-6660 CIVIL TERM
TIMOTHY CLARK WELLS,
I'ctitionerillcfendant
: CIVIL ACTION - LA W
: CUSTODY ACTION
Pdilion for Intcrim Custnd)' Ordcr To Kecp Childrcn in Schonl
Pcnding Custody Hcnring
1. Petitioner is Timothy C. Wells, father of the children Christen Wells, age 13, and
Timothy Wclls, Jr., age 11, and Dcfendant in the above-captioned malter; pctitioner currently
residcs at 3 I 0 ] I th Street, New Cumberland, Cumberland County, Pennsylvania 17070,
2. Respondent is Barbara J. Wells, mothcr of the children and Plaintiff in the
above-captioncd malter; respondent currently rcsides at 930 York Street, Mechanicsburg,
Pennsylvania] 7055.
3. The children are presently rcsiding with Petitioncr, at 3 J 0 1 J Ih Street, New
Cumbcrland, Pennsylvania 17070.
4. By Order dated August 4, ] 995, this Court granted primary physical custody of the
childrcn to the moth cr. A copy of this Order is allachcd hcreto as Exhibit A.
5. The provisions of the aforesaid Order were followed by thc parties until primary
physical custody of the son was rcvised by the parties in April of ] 998, when the son, Timothy
Wells, Jr. moved in with his natural father.
6. On or about November], ] 998, the mother also allowed the daughter, Christen Wells,
to move in with hcr natural father.
7. Both children wish to reside with the father.
8. The Mother did agree to allow Christen Wells to bc taken out of the Mechanicsburg
Area School District, and be enrollcd by the father in the West Shore School District in New
Cumberland which took place on or about the first week of Novembcr, ] 998.
9. Apparently, the mother changed her mind, and demanded that both children be
returned to her sometime over the November J" weekend, A leller by her counsel followed, a
copy of which is altached hereto as Exhibit B.
10. On or about Novcmbcr 20. 1998. approximately thrce wccks after cnrollment. the
mother sent a copy of the August 4, 1995, Coun Ordcr to thc West Shore School District and
demand cd that the daughter be rcmoved from thc school.
11. Thc same day, bascd on the Respondent's dcmand, thc school district did refuse tu
allow the daughter to attend school, and callcd the Petitioner to pick up the child up from school.
12. On November 23, 1998, Petitioner filed the instant Petition For Modification ofa
Partial Custody or Visitation Order.
13, On November 20, 1998, this Court entered an Order, based upon a Petition For
Emergency Relief, filed by the mother, docketed No. 95-4086, setting a hearing on the custody
issue for December) 4, 1998 at 9:30AM beforc the Honorable Kevin Hess, That Order and
Petition are atlached hereto as Exhibit "C."
14. On November 24,1998, Respondent's counsc1, Gerald Robinson, Esquire, would
not concur with this request to allow the daughter to remain in the West Shore School District,
pending the outcome of the December 14, 1998 hearing.
15. If Christen Wells misses two weeks of school, pending the hearing. she could be held
back for the entirc year, regardless of which parent ultimately receives primary custody, which
would cause irreparable harm to the child,
WHEREFORE, petitioner respectfully requests this Court to grant temporary legal and
physical custody, of the Children, to petitioner allowing the children to remain in the West Shore
School District pending the outcome of the Decembcr 14, 1998 hearing.
/
--------y~~
::;..1VJichae1 S. Travis
Anomey for Petitioner
[
r
r:
I
(,
,
I
I
.~
(
(
BARBARA JANE WELLS, IN THE COURT OF COMMON PLEAS OF
Plaintiff , CUMBERL~iD COUNTY, PENNSYLVANIA
,
: "
V, CIVII.. :ACTION - LAW '.
...~
" ," <=
~. . C">
TIMOTHY CLARK WELLS, : ,~ ,
'..
Defendant 95~.4086 CIVIL TERM _I
.~. ~
" c:'
IN RE: EMERGENCY HEARING LJ1
", ~ ;
-,-
ORDER OF COURT - .
... ~.'
-<.." <-0 ,
c.J"1
AND NOW, this 4th day of August, 1995, the
petition that I set for today. Although I did not hear
parties were in court this morning for a hearing on an emergency
extensive testimony, I feel that the parties have now reached an
hearing, And therefore, based partly on that agreement and
agreement on most issues, at least until the conciliator's
,
,
i unt~~ Sunday, August 6th, 1995, at 1:00 p.m., at which time the
I - ':'. ;', .""i..'children will be delivered to their mother. The parties have
I.";;~~",C'!",,
l_.....,;J~~-..,;.. .
: ' . agreed to alternating weekends from Friday at 4:00 p:m. to
I
i
I
,
I
I
I
!
i
partly on my own decision, the Court makes the fOllowing order:
The mother shall have primary physical ~ustody of
the children. The father may retain custody of the children
is held,
Sun?ay at 2:00 p.m, until such time as the conciliator's hearing
until Sunday, August 13th, at 2:00 p.m., and alternating
children for the weekend of Friday, August 11th at 4:00 p.m.
Therefore, the Court directs that the father shall also have the
The mother is going away the weekend ,of ths 11th.
EXHIBIT "An
(
(
weekend 0 thereafter.
The partieo have agreed to othor matters
COncerning Counaeling and a poychia~r!Dt, and I will let the
parties carry out those agreements ,between themselves without
making ita part of a court order ".,:,
By the' Court,
Cu tl ! -~ /f~.
Harold E, Sheel , P.J.
. ~rbara Sumple-Sullivan, Esquire
~~r the Plaintiff
Peter J, Russo, Esquire
For the Defendant
mal
,
~
,
November 2, 1998
Timothy C. Wells
310 South 11th Street
New Cumberland, Pennsylvania 17070
Re: Barbara J. Wells v. Timothy C. Wells
Docket Number: 95-4086 - Custodv
Dear Mr. Wells:
Enclosed is a copy of an Order granting primary physical
custody of the two (2) minor children to their mother.
According to Ms. Sadler, six months ago after your son
discussed with you the possibility of terminating your parental
rights thereby enabling him to be adopted, you convinced him
that it would be in his best interest to move in with you. Ms.
Sadler acquiesced in this matter and Timothy has been living
with you since then. He no longer even visits with his mother
and step father and his behavior in school has declined. His
grades have plummeted.
This weekend when transportation for Christen became an
issue, she expressed a desire to stay with you.
~
Please be advised that my clients are demanding that
Christen be returned home immediately and that Timothy begin
alternate weekends at my client's residence beginning this
Friday at 6:00 p.m, He will be returned on Sunday at 6:00 p.m.
This arrangement will continue until further Order of
Court. Be advised however that my clients intend to petition
the Court to modify the current arrangement so that both
children will resume living with Mother and the alternate
weekend schedule will be limited to Saturday visits with no
overnights. This action is necessitated because my clients
submit that your conduct is undermining their parental authority
to the detriment of the children.
THIS MATTER WARRANTS YOUR IMMEDIATE ATTENTION. UNLESS
CHRISTEN IS RETURNED IMMEDIATELY WE WILL SEEK EMERGENCY
^SSISTANCE FROM THE COURT. This time we will request that
P,O. Box 5320
H':JH;;,[.urg. PA 17110.5320
HarriSburg
4407 Nonn FrOn! Slrf:~t
Harflsbufg. PA 17110
/7171232.8525
rElOD) 571.2727
CumbC!rlafld Counly
17 E High 51, SUlle 104
Carlisle. PA 17013
(717)245.9451
Wasr,mglon.DC,
1316 PennsylvanIa Ave., S.E.
Wasr:1n'J1on. D.C. 20003
(202) 544.2889
EXHIBIT "B"
ii
(
(
BARBARA JANE SADLER (WELLS),
Petitioner,
:I" "THE t:OURT OF' CO~ON PLEI\S
CUMBERLkND COUNT\', PENNSYLVANI.
v,
95-4086 Civil Term
TIMOTHY CLARK WELLS,
f':
~?
-"
Respondent,
CIVIL ACTION--CUSTODY
"
'-
c
PETITION FOR EMERGENCY RELIEF' - CUSTODY
h
1/
!,
!I
':
,:
;,
"
11
:1
II
'I
I
I
j
I
j
1/
II
!
I
I
I
,
;
Petitioner, BARBARA J, SADLER (WELLS), by and through~~er'; '"
~. .:.. =<
attorneys, GERALD S. ROBINSON, ESQUIRE and ROBINSON & GERALOO,
respectfully requests relief as follows:
1, Petitioner, BARBARA J, SADLER (WELLS), an adult, is the
natural mothers of CHRISTEN V, WELLS, age thirteen (13) and TIMOTHY
C, WELLS, JR., age eleven (11), who resides at 930 South York Street,
Mechanicsburg, Cumberland County, Pennsylvania,
2, Respondent, TIMOTHY CLARK WELLS, an adult, is the natural
father of the minor children who resides at 310 South 11th Street,
New Cumberland, Cumberland County, Pennsylvania,
3, Petitioner separated from the natural father of the
children TIMOTHY CLARK WELLS in 1988 and the parties ultimately
divorced.
4, Both minor children resided with the Petitioner for their
entire lives until April of 1998 when the son, TIMOTHY C, WELLS, JR,
moved in with his natural father,
5, In July of 1995 Respondent, TIMOTHY CLARK WELLS, refused to
return both of the children to Petitioner after he picked them up
from daycare,
.
,
~
~
"
:1
1
li
"
~
~
~
~
I
(
(
6. By Order dated ~ugust 4, 1995, this Court directed
Respondent to return the children to their mother on or before
6, 1995, A copy of this Order is attached hereto as Plaintiff's
Exhibit "1",
J
.
7. The aforesaid Order granted Petitioner primary physical
custody of the children and Respondent was granted partial physical
custody of the children on alternating weekends,
8, The provisions of the aforesaid Order were followed
parties until primary physical custody of the son was revised
informally by agreement of the parties as stated in Paragraph 3,
9. Petitioner remarried and is now living with her hUsband,
her daughter Christen and the couples' minor child,
10, On the weekend of October 21, 1998, the minor daughter
Christen visited with Respondent as provided by the terms of the
Emergency Order.
11. On Sunday evening, November 1, 1998, at the conclusion of
the weekend visit the parties had a dispute about the child's
transportation home.
12, Respondent has since refused to return the minor child home
to Petitioner despite Petitioner's demands which were reduced to
writing and sent to ResPondent, A copy of this letter is attached
hereto as Plaintiff's Exhibit "2",
~
q
I
I
~
~
U
.
1
1
.
, \
,
~
h
~
h
.
r
~
I
I
!
,
13. In reply to the said letter Respondent through his wife
advised Petitioner that he had no intent on sending the minor child
baCk home and that she would be enrolled another school,
, ,
~l
.0
.
~
..7
oJ
14, Upon information and belief the minor child did not attend
school Monday through Thursday of the ensuing week,
:~
!!
.,
~j
,~
"
!
!'
:i
II
I!
II
II
I
I
.I
!I
.,
il
11
"
II
[I
'I
II
,
!
I
"
t
I
i
I
I
(
(
15, Respondent ~nd hIs wife ~re openly disparaging of the
Petitioner to the minor chIldren,
16, As a result of hearing Respondent's disparaging remarks
about PetItioner the minor son Timothy has not visited with the
Petitioner on alternating weekends as the parties agreed,
17, The minor son's gr~des have plummeted and he has becn
unruly in school since he has been in Respondent's custody,
18, It is in the children's best interest to be returned
immediately to Petitioner, the natural mother,
19, Petitioner has been forced to incur substantial legal fees
as a result of Respondent's actions,
WHEREFORE, for the foregoing reasons Petitioner requests this
Honorable Court to direct Respondent to return the children to
Petitioner immediately pending further Order of this Court,
Respectfully submitted:
ROBINSON & GERALDO
k~
By
Gerald S, Robinson, Esquire
Attorney I,D, No, 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Petitioner.
L'
,
BARBARA ,JANE WELLS,
Respond entfl' In in tiff
: IN TilE COUnT OF Co:\11\1ON I'LEAS
: n:I\1UERLANIJ COlII'iTY,I'ENNSYLVAI'iIA
\',
: NO, 98.{,660 CIVIL TEI(1\1
TIMOTHY CLARK WELLS,
I'ctitioner/Dcfcndnnl
: CIVIL ACTION. LAW
: CUSTODY ACTION
"
l'
VERIFICA TION
I verify that the statements made in this Petition are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities.
DATED: //- .;1- 98
"i
;01
'~
!'
"
~
*1.
,.
.
,.
I
c' ,
:.J )
-""1
I
l " ,\
, ,) ,
I f)
f'.: 'J
", ,\
...,
,
, ',f
...
"
~'
'/i
,-
. .'
6. On December 22, 1998 petitioncr, Timothy Clark Wclls conta~1ed Hershey Medical Ccnter
about getting psychiatric counseling for Timothy which was rccommcndcd by Dr Kunklc, thc minors
family doctor and his school counsellor, principle and teacher.
7, The petitioner talked to a Brenda Tulbert from Hcrshey Medical Ccnter who informcd the
petitioner that they would be unable to give the minor the medical allention he needed because they
were contacted by the minors mother, respondent, Barbara Sadler (Wells) who told Ms, Tulbert that
she had custody of the child and refused to give consent for the child to get medical allention,
8, Petitioner's attorney, Chuek Washburn then contacted Ms, Tulbert to explain the
importance of this child gelling immediate and proper medical allention and informed Ms. Tulbert
that the petitioner has physical custody of Timothy at this time, Petitioner's allorney was told that
Hershey Medica' Center will not get involved with custody disputes and refuses to treat the child
without proof of custody or an order from the eourt,
9, All parties to this mailer had an agreement with the understanding of this Court that
physical custody would remain with the petitioner until further order of this Court,
10, The respondent's actions in this mailer are not in the best interest of the child and are
dangerous to Timothy's psychological and physical well being and very dangerous to his health,
1 I, The respondent by conducting hersclfin this manner has violated the agreement between
these two parties and illustrates her vindictive use of these children and this court without regard for
the best interest of these ehildren,
12, Respondents consistent badgering and degrading remarks, through the use of vulgar
language and threat of physical violence, such as, threatening retaliation against the minor Timothy
for wanting to live with his father and that they will kill his natural father, along with the minors fear
that he will have to be returned to his mother to live, and the minors fear of respondents current
CERTIFICAn: OF SERVICE
I, Chuck Washburn. Esquire, do hereby certify that I am on this day, scrving a copy of the
foregoing Petition for Emergency Relief upon the person (s) and in the manner indicated below,
service by first class mail, postage prepaid
Gerald S, Robinson, Esquire
4407 North Front Street
P,O. Box 5320
Harrisburg, P A 17110
Date 1)..- J.:J- <;..1
dVltJ
----
By:
Chuck Washburn
3540 N, Progress Ave.
Suite 209
Harrisburg, PA 17110
~,
,
..../:".1
(,'1
'"')
:r,
,.,
,"-J
I\}
,..,
:3:
, .
""r'<
<:-
.
-.-:
'!:'-
if!
~
:"
.
)
,.
1
i
,
(')
-.,
:;J
,i;~
r-
.-'/i'7}
'(":J
. '.~; (-)
~_";':B
>c)
(';r,.,
:::~.,
~.:.~
-1;
:,f)
-<
BARBARA JANE WELLS,
Respondent/Plaintiff
IN TilE CXlURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
vs,
NO, 98-6660 CIVIL TERM
TIMOTIIY CLARK WELLS,
Petitioner/Defendant
CIVIL ACTION - LAW
IN CUSTODY
aIDER OF CXXlRT
AND NCM, this l.'" day of d,,_~ "-.;.
consideration of the attached CUstody conctIiation
and directed as follows:
, 1999, upon
Report, it is ordered
1. The prior orders of this Court dated August 4, 1995 and
December 30, 1998 are vacated and replaced with this order.
2, The parties shall submit themselves, their minor Children
and any other third parties deemed necessary by the evaluator to a custody
evaluation to be performed by a professional selected by agreement of the
parties and counsel. The purpose of the evaluation shall be to obtain an
independent, professional reccmnendation regarding custody arrangements
which would serve the best interests of the Children. The cost of the
evaluation shall be shared equally by the parties.
3, The Mother, Barbara Jane Sadler (formerly wells), and the
Father Timothy Clark Wells, shall have shared legal custody of Christen
Wells, born May 10, 1985, and Timothy Wells, Jr" born November 3, 1987,
Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the
Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion.
4. The parties shall alternate having weekly periods of custody
of both Children on weekends from Friday at 5:00 p.m. through sunday at
5:00 p.m" beginning with the Mother having custody on Friday, January IS,
1999.
5, After completion of the custody evaluation, and in the event
that the parties are not at that time able to reach an agreement as to an
ongoing custody schedule, counsel for either party may contact the
Conciliator to schedule an additional Custody Conciliation Conference.
BY THE COURT, /
-'l'~ /~ /III-
Kevi /A. lIess,
J.
cc:
Gerald S. Robinson, Esquire - Counsel for Mother
Chuck E. Washburn, Esquire - Counsll for Father ~
e.~,,,,~-<,L 1/~'/'1'1.
...l,-{'
BARBARA JANE WELLS,
Respondent/Plaintiff
IN TIl~; COUR1' OF COMMON PLEAS 0['-
CUMBF.RLAND COUNTY, PENNSYLVANIA
vs,
NO. 98-6660 CIVIL TEW1
TIMOTIlY CLARK WELLS,
Petitione'/lJefendant
CIVIL ACTION - LAW
IN CUSTODY
PRIOO JUDGE: Kevin A, Hess
aJS'roDY a:wcILIATIOO SlJ'ItIARY REPORT
IN ACCORDANCE WITIf ClJoIBERLAND CXXNl'Y RULE OF CIVIL PROCEIlURE
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:
NAME
DATE OF BIRTH
CURRFNl'Ly IN CUSTODY OF
Christen Wells
Timothy Wells, Jr.
May 10, 1985
November 3, 1987
Mother
Father
2, A Conciliation Conference was held on January 12, 1999, with the
following individuals in attendance: The Mother, Barbara Jane Sadler
(formerly Wells), with her counsel, Gerald S. Robinson, Esquire, and the
Father, Timothy Clark Wells, with his counsel, Chuck E. Washburn, Esquire,
3, The parties agree to entry of an Order in the form as attached.
)rV1U-<.c'(J
Date
1.1 /f77
.
d?~~/n, 4
Dawn S, sunday, Esquire 7
CUstody Conciliator
APFi J .j "fI~'
IN Tilt: CC)(JIH 01' C()I\II\ION I'Lt:.\S
ClIMIIERL.\NI> COI/NTY, I'.:NNSYL\,,\NI,\
IIARIIAR^ .IAN.: S,\I)J,.:I{ (W.:LLS)
l'lnintiff
NO. 98'()(,(,O ('1\'11. n:nl\l
v.
TIMOTIIY CLARK WHLS
I>efendunl
CIVIL ACTION - CtlSTOI>\'
ORln:R (W COI/RT
ANI> NOW. this
I )-' day of
, 1999, this Court having
-4,.,;./
,
jurisdiction ovcr thc custody mailer and with conscnt of the parties hcrcto, it is hereby ORI>EREI>
and DECREED that father, Timothy Clark Wells, shall have primary, Icgal, and physical custody of
thc partics minor children, Christen Wclls, date of birth - May 10, 1985, age 13 and Timothy Wells,
Jr,. date of birth - Novcmber 3, 1987, age II.
Mother shall havc physical custody of both children every Friday starting at 6:00 P,M, and
lasting until later that evcning when she decides to drop the children oil' at the father's rcsidencc, The
father shall be responsible for dropping the children off at the mothers residence by 6:00 P,M, evcry
Friday. There will be no ovcrnight visits.
Both parents shall have an equal right and be informed of all non-emergency decisions
affecting thc children's gencral well being including, but not limited to, all decisions regarding their
health, education, and religion, The mother shall be informed of all school meetings on behalf of both
children and have a right to attend such meetings,
Both parents and children shall continue with psychological counseling until a time that both
parties can agree that it is no longer necessary, The cost ofthe counseling shall be paid by the father's
health insurance,
The mother shall have physical custody of both children for a period of lime as decided by the
.
:.-
,
"
1
,
I
J
"i
!
it!
[
";"
"/
r '-c , . ,
(' 1..0 .,
~-_... ~ ,
I) - ,
,
.. , ,
, ,
.. ",
, ;)
"' ,
1:-- , ,
, ;
J :-:' ~J
,r, -'~
.::!:,
tl
~
t-
o,
-
~
,
-t.
Loti
, .'"
=tl