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HomeMy WebLinkAbout00-08782 FEB 2 3 20o KATHLEEN L. WILDERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-8782 HARRY J. WILDERS, : CIVIL ACTION - LAW Defendant . CUSTODY INTERIM ORDER OF COURT AND NOW, this a J u day of February, 2001, upon consideration of the attached Custody Conciliation Summary Report, and it appearing that the parties need a hearing, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Co rtroo? po. a of the Cumberland County Courthouse, on the iqd' day of Oh 2001, at Q ;OD o'clock cLn., at which time testimony will be taken. For the purposes of the hearing, the Mother, Kathleen L. Wilders, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties the following Interim Custody Order shall be in effect: A. Legal Custody. The parties, Kathleen L. Wilder and Harry J. Wilders, shall have shared legal custody of the minor Child, Nicholas A. Wilders, born May 1, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child anc of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. No. 00-8782 3. Physical Custody. Physical custody in the interim shall be arranged as follows: A. To commence February 9, 2001, Father shall have alternating weekends from Friday after work until Monday when he returns the Child to school. B. To commence February 13, 2001, Father shall have custody each Tuesday from after work until he returns the Child to school Wednesday morning. C. To commence February 14, 2001, on alternate weeks, Father shall additionally have custody from Wednesday from after work until he returns the Child to school on Thursday morning. D. Mother shall have custody at all other times. 4. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5. The parties shall not communicate through the Child or discuss this custody litigation with the Child. The parties may communicate through the use of e-mail or telephone and shall do so with appropriate respect and civility. 6. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 7. This Order is entered without prejudice to either BY TH OUI i Dist: Michael J. Kane, Esquire, 3300 Trindle Road, Camp Hill, PA 17011 Samuel L. Andes, Esquire, 525 N. 12" Street, Lemoyne, PA 17043 contentions in the case. or, \ _J. ,?? KATHLEEN L. WILDERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. HARRY J. WILDERS, Defendant CIVIL ACTION - LAW 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Nicholas A. Wilders May 1, 1993 Mother 2, A Custody Conciliation Conference was held on February 8, 2001, with the following individuals in attendance: the Mother, Kathleen L. Wilders, and her counsel, Michael J. Kane, Esquire; the Father, Harry J. Wilders, and his counsel, Samuel L. Andes, Esquire. 3, The parties were not able to reach an agreement with regard to the custody of their son. However, they did reach an agreement with regard to an Interim Order pending a hearing in the form of an Order as attached. 4. Mother's position on custody is as follows: Mother is seeking an Order that would prohibit Father from the use of alcohol or illegal substances during his period or custody. She became concerned this past December when she reports that she was informed by her brother that Father had offered to sell him marijuana. Her brother also informed her that he offered to transport drugs to her brother in Allentown, Pennsylvania. Mother contends that during the marriage until the parties' separation on June 1, 1996, that the Defendant used marijuana and cocaine, and that this was a cause of the breakup of the marriage. Subsequent to separation, Mother contends that Defendant assured her that he was no longer using illegal drugs and entered an oral agreement with her that he would continue to abstain. Subsequently she reports that Father has told her that he continues to use marijuana. Mother reports that the parties are not able to communicate effectively as parents and that their attempts at doing so often end angrily with name calling and one of the parties hanging up abruptly. Mother is additionally concerned that she has received reports from school personnel that the Child's homework is not done when he returns to school from custodial time with his Father. NO. 00-8782 No. 00-8782 5. Father's position on custody is as follows: Father states that the present custodial arrangement was imposed upon him by Mother against his wishes. He denies the allegations Mother reports concerning the sale of marijuana to her brother. Father also denies that he has ever been told by school personnel that there has been a problem with his Child completing homework. Father states that he volunteers regularly in the school and has frequent contact with the teacher. Father would like to change the present custody arrangement to a week-on week-off shared custodial arrangement. Father would not agree to continue with the present arrangement. 6. A hearing in this matter should take one-half da ess. a -a/_a/ Date M i sa reel Greevy, Esq Custody Conciliator KATHLEEN L. WELDERS, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-8782 HARRY J. WELDERS Defendant CIVIL ACTION-LAW CUSTODY PLAINTIFF'S MEMORANDUM FOR CUSTODY HEARING AND NOW, Plaintiff, Kathleen Wilders, through her counsel, Michael J. Kane, submits this memorandum pursuant to the court's order of February 27, 2001. I. Plaintiffs Position on Custody Plaintiff seeks shared legal custody and primary physical custody of the parties' son, Nicholas, age 7. Plaintiff agrees that Defendant should have visitation on alternating weekends from Friday evening until Monday morning. In addition, Plaintiff agrees to Defendant having visitation each Tuesday evening until Wednesday morning, and, on alternating weeks, on Wednesday evening until Thursday morning. Plaintiff seeks an order that the parties not use any illegal substances both during the periods when the child is in his or her custody and otherwise. Plaintiff seeks an order that the parties not consume alcoholic beverages while the child is in his or her custody. Plaintiff seeks an order that the child receive counseling and that Defendant cooperate in that effort and not interfere with it. Plaintiff seeks an order that Defendant not do or say anything to or in the presence of the child which may estrange the child from Plaintiff and that neither party communicate through the child to the other. Plaintiff further seeks an order that the parties communicate in a civil and respectful way, in order to avoid conflict which may harm Nicholas' development. Plaintiff seeks split visitation on the holidays of Christmas, Easter, Thanksgiving, Memeorial Day and Fourth of July and that the child remain with Plaintiff on the child's birthday. Plaintiff proposes that the parties alternate having the child in the morning of each holiday until 2:00 p.m. Plaintiff seeks an order that each would have the child for two separate weeks vacation during the summer months, with the requirement that notice of the week be given to the other at least 30 days in advance. II. Plaintiffs List of Witnesses Plaintiff will testify. III Summary of anticipated testimony; Plaintiff will testify that she and defendant, though still married, have lived separate and apart for nearly 5 years, since the child was 3 years old. Plaintiff and defendant have never had a formal custody agreement, but have informally agreed to Plaintiff having primary physical custody and the parties sharing legal custody. During the five years of the parties' separation, Defendant has had visitation with Nicholas on alternating weekends, from Friday until Monday morning, each Tuesday until Wednesday morning and on alternating Wednesdays until Thursday morning. Plaintiff seeks to have that schedule continue. Plaintiff will testify that it would be disruptive to Nicholas to change the routine to which he has become accustomed. Plaintiff will testify that Nicholas' teacher has advised that Nicholas has recently told other children that he wanted to kill them. Plaintiff is concerned that Nicholas has underlying anger which must be addressed and has desired to take Nicholas to counseling to help him with that issue. Defendant has opposed Nicholas going to a counselor and and has stated that the child's threat's are simply a "boy thing". Defendant has used illegal substances in the past and has, at one time, begun a program of drug treatment at Gaudenzia House, a rehabilitation center, though the program was not completed. Plaintiff has received information that defendant has begun using illegal substances again. Plaintiff has confronted Defendant about that and Defendant has replied that he does not use illegal substances while the child is in his custody. Plaintiff is concerned about Defendant's use of illegal drugs while the child is in Defendant's custody as well as at other time, as she fears that he may have such substances in his possession or in his home while the child is there, may be under the influence of such substances when he picks the child up for visitations, and may, through his attitudes about such substances, fail to instill in the child the dangers of such behavior. Plaintiff will testify that she has requested that Defendant agree to the entry of an order that he refrain from using illegal substances altogether for the sake of Nicholas, and he has refused. Plaintiff will testify that Defendant has additionally had problems with the excessive use of alcohol in the past. Plaintiff is concerned that Defendant, if he is permitted to consume any alcohol while the child is in his custody, may be unable to do so in moderation and will consequently risk endangering the child's welfare. RespectfWly submitted, c?? Michael I Kane Mi. No. 46215 Kane and Mackin, LLP 3300 Trindle Rd. Camp Hill, PA 17011 (717) 214-3700 Attorney for Plaintiff Certificate of Service I, Michael J. Kane, hereby certify that, on the ac day of April, 2001, I served a copy of PLAINTIF'F'S MEMORANDUM FR CUSTODY HEARING by first class mail, addressed to Samuel L. Andes, Esq. 525 N. 12'b St. Lemoyne, PA 17043 Michael J. Kane No. 46215 Kane and Mackin, LLP 3300 Trindle Rd. Camp Hill, PA 17011 (717) 214-3700 Attorney for Plaintiff KATHLEEN L. WILDERS, Plaintiff VS. HARRY J. WILDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-8782 IN CUSTODY PRE-TRIAL STATEMENT OFF DEFENDANT, HARRY J. WILDERS AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and files the following Pre-Trial Statement in accordance with this court's order of 27 February 2001: 1. DEFENDANT'S POSITION ON CUSTODY. Defendant seeks an award of shared legal and equally shared physical custody. The child is seven years old and the parties have been separated for almost five years. During the time since separation, the parties have shared custody on a schedule which gives the Defendant/Father approximately 40% of the time with the child. Father moved to the West Shore area to be near the child, with the intention of having equally shared custody once the child became a full time student. The child is now old enough that rather believes equal time with him will be benefit the child and be in the child's best interest. 2. DEFENDANT'S WITNESSES. Defendant anticipates calling the following witnesses to offer testimony on the following matters: A. Steve Augustine of 1004 Coopercreek Drive, Mechanicsburg, Pennsylvania. Mr. Augustine is a personal friend of Father's who has two children of his own. He will testify about the relationship between Father I and the child, his observations of the Father's care for the child, and other matters relating to Father's relationship with and care for the child. B. Tom Gelnett of 28 William Penn Drive in Camp Hill, Pennsylvania. Mr. Gelnett is a neighbor who lives close to Father's home and whose children spend time with the child in this case. He will testify about Father's care for and relationship with the child and about Father's character and behavior in general. C. Ed Born of 4 Sussex Drive in Camp Hill, Pennsylvania. Mr. Born is a neighbor who lives near Father and will testify about his observations of Father and child and the relationship between them and Father's care for the child. D. Father reserves the right to call Michael Driscoll, Plaintiff's brother, to refute any testimony Mother offers regarding Father's use of or purchase of drugs. Mr. Driscoll will also testify about his observations of Father and Father's care for and relationship with the child. Defendant reserves the right to offer any additional witnesses or testimony which may be necessary to rebut or otherwise respond to evidence produced by Plaintiff in her case in chief. Sa I L. An-&s Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE QE SERVICE I hereby certify that I served an original of the foregoing Pre-Trial Statement of Defendant upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Michael J. Kane, Esquire 3300 Trindle Road Camp Hill, PA 17011 Date: SS I L. Andes Attorney for Defendant KATHLEEN L. WELDERS, individually and on behalf of NICHOLAS A. WELDERS, a minor, Petitioner V. HARRY J. WELDERS Respondent COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- P7,,k ,, l roc I CIVIL ACTION-CUSTODY ORDER AND NOW this day of it is hereby ordered that Petitioner be granted custody of Nicholas A. Wilders, a minor child, pending hearing on Petitioner's Petition for Temporary Custody and further order of the court. BY THE COURT J. Cagy A-*?? ry r? r-, f> s ??? cCy g,js,-? -/G 144,., KATHLEEN L. WELDERS, individually and on behalf of NICHOLAS A. WELDERS, a minor, Petitioner V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.0- 828.2- CcuCP -Teen HARRY J. WELDERS Respondent CIVIL ACTION-CUSTODY EX-PARTE PETITION FOR TEMPORARY CUSTODY AND NOW, Petitioner Kathleen L. Wilders, petitions this Honorable Court for an Temporary Order granting Petitioner custody of Nicholas A. Wilders, a minor child, pending hearing on Petitioner's Petitioner for Temporary Custody, and as grounds therefore, states: 1. Petitioner has filed a Complaint for Custody, seeking custody of Nicholas A. Wilders, her son. 2. Petitioner alleges, on information and belief, that Defendant has in the past and recently again engaged in the use and possible sale of illegal controlled substances at his home. (See Exhibit A, Verified Complaint for Custody) 3. Petitioner fears for the safety, health and welfare of the child, pending a determination of Petitioner's Complaint for Custody if she is not granted temporary custody of the child. 4. During the weekend of December 22-25, Petitioner advised Respondent that she would no longer allow the child to stay with Respondent on over-night visits. 5. As a result, Respondent began to telephone Petitioner's at her residence, using abusive and profane language. Respondent telephoned in excess of 25 times, requiring Petitioner to seek assistance from Mechanicsburg and Lower Allen Township Police departments. 6. At one point, Respondent called Petitioner and told her, falsely, that he had called the Mechanicsburg Police Department and that they were on their way to Petitioner's house to seize the child, causing significant trauma to Petitioner and the child. 7. Petitioner seeks a temporary order in order to maintain peace and stability in the child's life pending the resolution of Petitioner's Complaint for Custody. WHEREFORE, Petitioner requests that this Honorable Court grant Petitioner temporary custody of Nicholas A. Wilders, pending resolution of Petitioner's Complaint for Custody. Respectfully submitted, Michael J. Kane . No. 46215 Kane and Mackin, LLP 3300 Trindle Rd. Camp Hill, PA 17011 (717) 214-3700 Attorney for Plaintiff VERIFICATION 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 P. S. § 4404 relating to unsworn falsification to authorities. G)-aAa-«o t kU. Date Petitioner KATHLEEN L. WILDERS, individually and on behalf of NICHOLAS A. WILDERS, a minor, Plaintiff V. HARRY J. WILDERS Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL, ACTION-CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Kathleen L. Wilders who resides at 900 Alison Ave., Mechanicsburg, Cumberland County Pennsylvania 17055 2. Defendant is Harry J. Wilders, who resides at 1 Sussex Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks Custody of Nichloas A. Wilders 900 Alison Ave. D.O.B. 5-1-93 Mechanicsburg, Pennsylvania 17112 7 years old The child was not born out of wedlock The child is presently in the custody of Kathleen L. Wilders, who resides at: 900 Alison Ave., Mechanicsburg, Cumberland County Pennsylvania 17055 During the past five years the child has resided with the following persons an at the following addresses: Plaintiff and Defendant 345 Poplar St. Steelton, Dauphin County, PA Birth to June 1, 1996 Plaintiff 900 Alison Ave. June 1, 1996 to Mechanicsburg, PA present The mother of the child is Plaintiff, Kathleen L. WIlders, currently residing at 900 Alison Ave., Mechanicsburg, PA 17055. The mother is married to Defendant The father of the child is Defendant, Harry J, Wilders, currently residing at 1 Sussex Dr., Camp Hill, PA 17011 The father is married to Plaintiff. 4. The relationship of Plaintiff to the child is that of Mother. The Petitioner currently resides with the following persons: Name Relationship Christopher Fitting Son (Age 19) Joshua Fitting Son (Age 15) 5. The relationship of Defendant to the child is that of Father. Respondent currently resides with the following persons: Name Relationship Unknown to Plaintiff. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because: Plaintiff separated from Defendant on June 1, 1996, partly as a result of Defendant's use of illegal controlled substances (Marijuana and Cocaine). Plaintiff and Defendant have never had a formal custody order, but, on Defendant's assurances to Plaintiff that he was no longer involved in illegal drug usage, the parties entered into an oral agreement whereby the Plaintiff maintained physical custody of the child and Defendant had visitation one day per week and alternating weekends. Withing the past month, Plaintiff's brother Michael Driscoll has told Plaintiff that Defendant offered to sell an unspecified quantity of illegal controlled substances (marijuana) to him. Defendant offered to transport the drugs a location for delivery to Michael Driscoll, who lives in Allentown, Pennsylvania. On Sunday, December 10, 2000, Michael Driscoll spent the afternoon at Defendant's home and immediately afterward, returned to his parent's home in Mechanicsburg and appeared to be under the influence of a controlled substance. Plaintiff seeks an order awarding her full legal custody of the child. If visitation is ordered, plaintiff asserts that the child's welfare can only be assured if such visitation is supervised. 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. WHEREFORE, Petitioner requests that the Court grant Plaintiff Legal and Physical custody of the child. Respectfully submitted, VW-SAP- Michael I Kane Reg. No. 46215 Kane and Mackin, LLP 3300 Trindle Rd. Camp Hill, PA 17011 (717) 214-3700 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P. S. § 4904 relating to unsworn falsification to authorities. la,aa-CEO n l bolo! Date Petitioner o 0 C. O ? o a 'U G:i "1 7 3; rl) .-n C) KATHLEEN L. WILDERS, individually and on behalf of NICHOLAS A. WILDERS, a minor, Petitioner V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Qom-- P AA- avt.r HARRY 1. WILDERS Respondent CIVIL ACTION-CUSTODY RULE TO SHOW CAUSE AND NOW, this day of 2000, upon consideration of the attached Petition for Temporary Custody, it is hereby ordered that Respondent appear at Square, Carlisle, PA 17013 day of not be granted. located at One Courthouse BY THE COURT 7. Jn `1 frl l _. G t U ? C7 C ? ca .c?rr4__ r1141ItL-CE '74ct? bal. the 2000, and show cause why the Petition should KATHLEEN L. WELDERS, individually and on behalf of NICHOLAS A WELDERS, a minor, Petitioner V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. "- P-7 9Z CU,:,( HARRY J. WIELDERS Respondent CIVIL, ACTION-CUSTODY PETITION FOR TEMPORARY CUSTODY AND NOW, Petitioner, Kathleen L. Wilders, through her attorney, Michael J. Kane, moves this Honorable Court for an Order pursuant to Pa.R.C.P. 1915.13 granting Petitioner temporary legal and physical custody of the child, Nicholas A. Wilders„ and as grounds therefore, states: 1. Petitioner has filed a Complaint for Custody, seeking custody of Nicholas A. Wilders, her son. 2. Petitioner alleges, on information and belief, that Defendant has in the past and recently again engaged in the use and possible sale of illegal controlled substances at his home. (See Exhibit A, Verified Complaint for Custody) 3. Petitioner fears for the safety, health and welfare of the child, pending a determination of Petitioner's Complaint for Custody if she is not granted temporary custody of the child. WHEREFORE, Petitioner requests that this Honorable Court grant Petitioner temporary custody of Nicholas A. Wilders, pending resolution of Petitioner's Complaint for Custody. Respectfully submitted, Michael Re No. 46215 Kane and Mackin, LLP 3300 Trindle Rd. Camp Hill, PA 17011 (717) 214-3700 Attorney for Petitioner KATHLEEN L. WILDERS, individually and on behalf of NICHOLAS A. WILDERS, a minor, Plaintiff V. HARRY J. WILDERS Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Kathleen L. Wilders who resides at 900 Alison Ave., Mechanicsburg, Cumberland County Pennsylvania 17055 2. Defendant is Harry J. Wilders, who resides at I Sussex Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks Custody of. Nichloas A. Wilders 900 Alison Ave. D.O.B. 5-1-93 Mechanicsburg, Pennsylvania 17112 7 years old The child was not born out of wedlock The child is presently in the custody of Kathleen L. Wilders, who resides at: 900 Alison Ave., Mechanicsburg, Cumberland County Pennsylvania 17055 During the past five years the child has resided with the following persons an at the following addresses: Plaintiff and Defendant 345 Poplar St. Steelton, Dauphin County, PA Birth to June 1, 1996 Plaintiff 900 Alison Ave. June 1, 1996 to Mechanicsburg, PA present GEx?1br? 4 The mother of the child is Plaintiff, Kathleen L. Wilders, currently residing at 900 Alison Ave., Mechanicsburg, PA 17055. The mother is married to Defendant The father of the child is Defendant, Harry J. Wilders, currently residing at 1 Sussex Dr., Camp Hill, PA 17011 The father is married to Plaintiff. 4. The relationship of Plaintiff to the child is that of Mother. The Petitioner currently resides with the following persons: Name Relationship Christopher Fitting Son (Age 19) Joshua Fitting Son (Age 15) 5. The relationship of Defendant to the child is that of Father. Respondent currently resides with the following persons: Name Relationship Unknown to Plaintiff. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because: Plaintiff separated from Defendant on June 1, 1996, partly as a result of Defendant's use of illegal controlled substances (Marijuana and Cocaine). Plaintiff and Defendant have never had a formal custody order, but, on Defendant's assurances to Plaintiff that he was no longer involved in illegal drug usage, the parties entered into an oral agreement whereby the Plaintiff maintained physical custody of the child and Defendant had visitation one day per week and alternating weekends. Withing the past month, Plaintiffs brother Michael Driscoll has told Plaintiff that Defendant offered to sell an unspecified quantity of illegal controlled substances (marijuana) to him. Defendant offered to transport the drugs a location for delivery to Michael Driscoll, who lives in Allentown, Pennsylvania. On Sunday, December 10, 2000, Michael Driscoll spent the afternoon at Defendant's home and immediately afterward, returned to his parent's home in Mechanicsburg and appeared to be under the influence of a controlled substance. Plaintiff seeks an order awarding her full legal custody of the child. If visitation is ordered, plaintiff asserts that the child's welfare can only be assured if such visitation is supervised. 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. WHEREFORE, Petitioner requests that the Court grant Plaintiff Legal and Physical custody of the child. Respectfully submitted, 11 ki'a Michael J. K-M?e Reg. No. 46215 Kane and Mackin, LLP 3300 Trindle Rd. Camp Hill, PA 17011 (717) 214-3700 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P. S. § 4904 relating to unsworn falsification to authorities. 1(3 -0c) ? 1 ik?u Date Petitioner n rn O C CD n C7 CP in Pt1 7t` CF? KATHLEEN L. WILDERS, INDIVIDUALLY AND IN THE COURT OF COMMON PLEAS OF ON BEHALF OF NICHOLAS A. WILDERS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HARRY J. WILDERS DEFENDANT 00-8782 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, this 29th day of December , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeldMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 23rd day of January, 2001 at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Melissa P. Greevy, Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .,. : 1 S Lei pEN,'JlS1, L`:', ANA KATHLEEN L. WELDERS, individually and on behalf of NICHOLAS A. WELDERS, a minor, Plaintiff V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. p 000 - a-7FR HARRY J. WELDERS Defendant CIVIL ACTION-CUSTODY ORDER OF COURT AND NOW, 1200 , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, Esquire, the conciliator, at Pennsylvania, on the day of , 2001, at o'clock m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference bu the children'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, 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 OUR WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Courthouse, 4s` Floor Carlisle, PA 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. cc: Michael J. Kane, Esq. Attorney for Plaintiff James J. Kayer, Esq. Attorney for Defendant KATHLEEN L. WIL.DERS, individually and on behalf of NICHOLAS A. WILDERS, a minor, Plaintiff V. HARRY J. WILDERS Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. M- 9'7P-;-? C,?;P 7_"? CIVIL ACTION-CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Kathleen L. Wilders who resides at 900 Alison Ave., Mechanicsburg, Cumberland County Pennsylvania 17055 2. Defendant is Harry J. Wilders, who resides at 1 Sussex Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks Custody of Nichloas A. Wilders 900 Alison Ave. D.O.B. 5-1-93 Mechanicsburg, Pennsylvania 17112 7 years old The child was not bom out of wedlock The child is presently in the custody of Kathleen L. Wilders, who resides at: 900 Alison Ave., Mechanicsburg, Cumberland County Pennsylvania 17055 During the past five years the child has resided with the following persons an at the following addresses: Plaintiff and Defendant 345 Poplar St. Steelton, Dauphin County, PA Birth to June 1, 1996 Plaintiff 900 Alison Ave. June 1, 1996 to Mechanicsburg, PA present The mother of the child is Plaintiff, Kathleen L. Wilders, currently residing at 900 Alison Ave., Mechanicsburg, PA 17055. The mother is married to Defendant The father of the child is Defendant, Harry J. Wilders, currently residing at 1 Sussex Dr., Camp Hill, PA 17011 The father is married to Plaintiff. 4. The relationship of Plaintiff to the child is that of Mother. The Petitioner currently resides with the following persons: Name Relationship Christopher Fitting Son (Age 19) Joshua Fitting Son (Age 15) 5. The relationship of Defendant to the child is that of Father. Respondent currently resides with the following persons: Name Relationship Unknown to Plaintiff. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because: Plaintiff separated from Defendant on June 1, 1996, partly as a result of Defendant's use of illegal controlled substances (Marijuana and Cocaine). Plaintiff and Defendant have never had a formal custody order, but, on Defendant's assurances to Plaintiff that he was no longer involved in illegal drug usage, the parties entered into an oral agreement whereby the Plaintiff maintained physical custody of the child and Defendant had visitation one day per week and alternating weekends. Withing the past month, Plaintiff's brother Michael Driscoll has told Plaintiff that Defendant offered to sell an unspecified quantity of illegal controlled substances (marijuana) to him. Defendant offered to transport the drugs a location for delivery to Michael Driscoll, who lives in Allentown, Pennsylvania. On Sunday, December 10, 2000, Michael Driscoll spent the afternoon at Defendant's home and immediately afterward, returned to his parent's home in Mechanicsburg and appeared to be under the influence of a controlled substance. Plaintiff seeks an order awarding her full legal custody of the child. If visitation is ordered, plaintiff asserts that the child's welfare can only be assured if such visitation is supervised. 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. WHEREFORE, Petitioner requests that the Court grant Plaintiff Legal and Physical custody of the child. Respectfully submitted, Michael J. KanReg. No. 46215 Kane and Mackin, LLP 3300 Trindle Rd. Camp Hill, PA 17011 (717) 214-3700 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P. S. § 4904 relating to unworn falsification to authorities. 1a-C?a -o© 6ft, lea Date Petitioner cp) V ti -03 P KATHLEEN L. WILDERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HARRY J. WILDERS, DEFENDANT 00-8782 CIVIL TERM IN RE: CUSTODY n ORDER OF COURT AND NOW, this 1q4' day of April, 2001, following a hearing on the merits, IT IS ORDERED: (1) The interim order of February 27, 2001, IS VACATED. (2) Katheen L. Wilders and Harry J. Wlders shall have shared legal custody of Nicholas A. Wilders, born May 1, 1993. (3) During the school year, the father shall have Nicholas: (a) Every other weekend from Friday after he finishes work until Monday before school. (b) During one week, from after work on Wednesday until Thursday before school. During the next week, from after work on Tuesday until Thursday before school. (4) During each summer school vacation period, each parent shall have Nicholas for any two full weeks, together or separated, in which they are on vacation. The parents shall arrange with each other for such weeks not later than June 15t (5) During each summer vacation period, when either parent does not have Nicholas under the provisions of paragraph 5, the father shall have him on the same alternating weekend schedule as during the school year, and every Tuesday evening after work until Thursday at day care, or if he off work until the mother returns home from work. (6) The mother shall have Nicholas at times not allocated to the father except that the parents shall share holiday periods by agreement. By Edgar B. Michael J. Kane, Esquire For the Mother Samuel Andes, Esquire For the Father q-/9-a R? :saa DEC 19 3003 V GERMAN, GALLAGHER & MURTAGH By: Robert P. Corbin, Esquire Identification No. 17897 William J. D'Annunzio, Esquire Identification No. 80223 The Bellevue, Fifth Floor 200 South Broad Street Philadelphia, PA 19102 (215) 545-7700 Attorneys for Defendants Harmon & Davies, P.C., Harry R. Harmon, Esquire and Thomas R. Davies, Esquire Herre Bros., Inc. and Preferred Sheet Metal, Inc., Plaintiffs, V. Harmon & Davies, P.C., Harry R. Harmon and Thomas R. Davies, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2000-8762 CIVIL ACTION - LAW PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Kindly substitute pages 28, 29, and 38 of the Defendants' Motion for Summary Judgment, originally filed in the above matter on December 18, 2003, with the amended pages attached hereto. Page 28 amends paragraph 134 in the Motion. Page 29 amends paragraph 140 in the Motion. Page 38 amends the "Wherefore" clause. GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin l\ William J. D'Annurizio v Attorneys for Defendants Harmon & Davies, Inc., Harry R. Harmon, Esquire and Thomas R. Davies, Esquire Date: 12/18/03 133. Plaintiffs' liability expert, Charles I. Cohen, Esquire does not make any comment nor provide any evidence with regard to Harmon & Davies, P.C. which would serve as an independent basis of liability regarding the same. WHEREFORE, the defendants respectfully request that this Honorable Court enter Summary Judgment in their favor and dismiss the Plaintiffs' claims as a matter of law. C. withdrawal of bargaining authority from the multi-employer bargaining unit (SMCA) should be dismissed as a matter of law 134. The basic rule for an employer's withdrawal from a multi-employer bargaining unit in which the employers have collective bargaining relationships with a union based on Section 9(a) of the National Labor Relations Act is set forth in Retail Associates, Inc., 120 NLRB 388 (1958). 135. The rule set forth in Retail Associates, Inc., 120 NLRB 388 (1958) requires the employer's withdrawal to be exercised in advance of the multi-employer negotiations and the withdrawal must contemplate sincere abandonment with relative permanency. 136. The defendants advised Herre Brothers Inc. in accordance with Retail Associates, 120 NLRB 388, (1958) that in order to effectively withdraw from the multi-employer unit, it should notify the Association and union in writing, before the commencement of multi-employer negotiations, that Herre was withdrawing bargaining authority from the Associations. See Exhibit "M", page 119, line no. 10 to page 120, line no. 6); See also, Exhibit, "J, page 71, line no. 24 to page 72, line no. 7). 137. The defendants, in response to the clients' inquiries as to whether Herre Brothers, Inc. could effectively withdraw bargaining authority while maintaining its membership in the Association for other purposes, advised Herre Brothers Inc. that it could do so but cautioned :281662-1 28 Herre Brothers Inc. to avoid any involvement in the negotiation process between the Association and Local 19. See Exhibit, "J", page 77, line no. 23 to page 78, line no. 11). 138. At the time the advice was given by the defendants, continuing membership in the multi-employer association was not inconsistent with withdrawal of bargaining authority and did not negate an employer's clear and unequivocal intent to abandon multi-employer bargaining. See Walt's Broiler, 270 NLRB 556, 557 (1984). 139. At the time the defendants rendered advice regarding Herre Brothers, Inc.'s withdrawal from the multi-employer bargaining agreement, the National Labor Relations Board in the matter of International Ladies' Garment Workers' Union, 286 NLRB 226, 227 (1987), enfd 852 F.2d 918(3d Cir. 1988) ruled that an employer which remained a member of the multi- employer association after withdrawal of bargaining authority, remained on the association's board of directors and attended numerous negotiating sessions with the union for a new multi- employer agreement did not nullify its withdrawal in the absence of evidence that the employer was preserving for itself the option of either signing or rejecting the new multi-employer contract. 140. Plaintiffs' claims regarding the advice rendered by the defendants regarding Herre Brothers, Inc.'s withdrawal of bargaining authority from the multi-employer bargaining unit (SMCA) should be dismissed as a matter of law as the advice was based on the attorney's considered decision involving at a minimum the requisite exercise of ordinary skill and capacity based upon the NLRB decisions in Retail Associates, Inc., 120 NLRB 388 (1958) and International Ladies' arment Workers' Union, 286 NLRB 226, 227 (1987), enfd 852 F.2d 918(3d Cir. 1988) reported at the time. See, Composition Roofers Local 30/30B v. Bernard N. Katz, Esq., 398 Pa. Super. 564; 581 A. 2d 607 (Pa. Super 1990); citine Mazer v. Securi ty Insurance Group, 368 F. Supp. 418 (E.D. Pa.) :281662-1 29 uncertainty concerns the fact of the damages rather than the amount. Rizzo v. Haines, 520 Pa. 484, 555 A.2d 58 (Pa. 1989); quoting, Pashakv v. Barish, 303 Pa. Super. 559, 561-62, 450 A.2d 67, 69 (1982). 175. Plaintiffs claim for damages of the One Million Dollars set forth in the April 10, 2001 settlement agreement between Herre Brothers, Inc., Preferred Sheet Metal, Inc. and Local 19, "to be paid in the event that" employees of Herre Brothers, Inc. and/or Preferred Sheet Metal, Inc. undertake to decertify or de-authorize Local 19 by filing a petition with the NLRB or Herre Brothers is clearly speculative and but a mere threat of future harm which may never be realized and therefore, Plaintiffs' claim should be dismissed as a matter of law as speculative and not an actual damage incurred by the plaintiffs. 176. A plain reading of the purported "poison pill" clause in the April 10, 2001 settlement agreement between, Local 19, Herre Brothers Inc. and Preferred Sheet Metal, Inc. as set forth in paragraph 100(b) of plaintiffs' complaint is punitive in nature and an inappropriate liquidated damage which should be dismissed as a matter of law. See Rinich v. Jencka, et al., 757 A. 2d 388, 401, 402 (Pa. Super. 2000) ("Under Pennsylvania Law, parties to a contract may include a liquidated damage provision which ensures recovery in cases where the computation of actual damages would be speculative"). WHEREFORE, the Defendants respectfully request that this Honorable Court enter Summary Judgment in their favor and dismiss with prejudice the Plaintiffs' claims as a matter of law. J. Plaintiffs' Damage Claims Based on Increased Costs and Not Loss of Profit Should be Dismissed as a Matter of Law 177. In order to recover in a legal malpractice action, the plaintiff must prove not only the negligence of the attorney, but also an actual loss resulting from that negligence. Curan v. :281662-1 38 GERMAN, GALLAGHER & MURTAGH By: Robert P. Corbin, Esquire Identification No. 17897 William J. D'Annunzio, Esquire Identification No. 80223 The Bellevue, Fifth Floor 200 South Broad Street Philadelphia, PA 19102 (215) 545-7700 Herre Bros., Inc. and Preferred Sheet Metal, Inc., Plaintiffs, V. Harmon & Davies, P.C., Harry R. Harmon and Thomas R. Davies, Defendants. Attorneys for Defendants Harmon & Davies, P.C., Harry R. Harmon, Esquire and Thomas R. Davies, Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2000-8762 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that on December 18, 2003, I served a true and correct copy of the foregoing Praecipe to Substitute pages 28, 29, and 38 of the Defendants' Motion for Summary Judgment, originally filed in the above matter on December 18, 2003 via U.S. First Class Mail upon the following counsel of record: Matthew M. Haar, Esquire Saul Ewing, LLP 2 North Second Street, 7s' Fl. Harrisburg, PA 17101-1604 David R. Moffitt, Esquire Saul Ewing, LLP Centre Square West, 1500 Market Street, 38" Fl. Philadelphia, PA 19102-2186 Harriet E. Cooperman, Esquire Saul Ewing, LLP 100 South Charles Street Baltimore, MD 21201 William J. D' zio, Esquir t. ? w 11 ? l _om r j zi. c o 01 KATHLEEN L. WILDERS (SPACHT), ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) No. 00-8782 CIVIL TERM HARRY J. WILDERS, ) Civil Action - Law Defendant/Petitioner) In Custody ORDER OF COURT You, Kathleen Spacht, respondent, have been sued in court to Modify custody, of the following child: Nicholas Wilders. You are ordered to appear in person at , on at .M., for ? a conciliation or mediation conference. ? a pretrial conference. ? a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: BY THE COURT: KATHLEEN L. WILDERS (SPACHT), ) IN THE COURT OF COMMON PLEAS PlaintifVRespondent) CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-8782 CIVIL TERM HARRY J. WILDERS, ) Civil Action - Law Defendant/Petitioner) 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, the Conciliator, at , Pennsylvania, on the day of , 200 at . M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, By Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Michael S. Travis Attorney for Petitioner 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 KATHLEEN L. WILDERS (SPACHT), ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) No. 00-8782 CIVIL TERM HARRY J. WILDERS, ) Civil Action - Law Defendant/Petitioner) In Custody PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER RE: NICHOLAS A. WILDERS The petition of Harry J. Wilders, respectfully represents that on April 19, 2001, an Order of Court was entered for partial custody, a true and correct copy of which is attached. 2. This Order should be modified because, the Order was routinely liberally modified by the partes to permit Father additional periods of visitation with Nicholas before February 16, 2007. Thereafter, Respondent filed a complaint for child support due to her financial problems. A copy of the Order for support docketed 129 S 2007 is attached as Exhibit B. Prior to that point in time, the parties were able to agree on child support without an order for support. 3. Since the entry of the support Order, Respondent refuses to permit Petitioner to exercise additional periods of visitation with Nicholas. Petitioner is not receiving the time with Nicholas that he is used to receiving. This modification in circumstances by Respondent has caused harm to the Father/Son relationship. 4. Petitioner avers that a 50/50 custody schedule is in the best interest of the child. 5. Petitioner also avers that Respondent has not kept Petitioner informed on shared legal custody issues and that more explicit language is needed so that the parties rights and obligations are clearer. WHEREFORE, Petitioner prays this Honorable Court for an Order of Court modifying the April 19, 2001 Order of Court granting Harry Wilders, shared physical custody of Nicholas, thereby restoring the status quo to that which existed before February 16, 2007. Respectfully Supreme Court ID No. 77399 Attorney for Petitioner/Defendant 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 KATHLEEN L. WILDERS (SPACHT), ) IN THE COURT OF COMMON PLEAS PlaintifVRespondent) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) No. 00-8782 CIVIL TERM HARRY J. WILDERS, ) Civil Action - Law Defendant/Petitioner) In Custody VERIFICATION I verify that the statements made in the foregoing document 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: 7 d- Harry it ers r, U KATHLEEN L. WILDERS, PLAINTIFF V. HARRY J. WILDERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8782 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 1q%1' day of April, 2001, following a hearing on the merits, IT IS ORDERED: (1) The interim order of February 27, 2001, IS VACATED.. (2) Katheen L. Wilders and Harry J. Wilders shall have shared legal custody of Nicholas A. Wilders, born May 1, 1993. (3) During the school year, the father shall have Nicholas: (a) Every other weekend from Friday after he finishes work until Monday before school. (b) During one week, from after work on Wednesday until Thursday before school. During the next week, from after work on Tuesday until Thursday before school. (4) During each summer school vacation period, each parent shall have .. Nicholas for any two full weeks, together or separated, in which they are on vacation. The parents shall arrange with each other for such weeks not later than June 1sc eFt 4 Nicholas under the provisions of paragraph 5, the father shall have him on the same • (5) During each summer vacation period, when either parent does not have alternating weekend schedule as during the school year, and every Tuesday evening after work until Thursday at day care, or if he off work until the mother returns home from work. (6) The mother shall have Nicholas at times not allocated to the father except that the parents shall share holiday periods by agreement. Michael J. Kane, Esquire For the Mother Samuel Andes, Esquire For the Father saa ZZJ, Edgar TRUE C PP In T ny vyh and seal of laid Cot, rn• l9..... .G.,.;. DM RECORD ire unto set my hand at C lisle, Pa. ......... . XPrthonotaryy - In the Court of Co; ion Pleas of CUMBERLAND )unty, Pennsylvania DOMESTIC RELATIONS SECTION KATHLEEN L. S PACHT ) Order Number 00129 S 2007 Plaintiff ) vs. ) PACSES Case Number 943108976 HARRY WILDERS ) Docket Number 00129 S 2007 Defendant ) Other State ID Number ORDER OF COURT Q Final ® Interim O Modified AND NOW, 10TH DAY OF APRIL, 2007 based upon the Court's determination that the Payee's monthly net income is $ 3, 8 8 8.0 0 and the Payor's monthly net income is $ 3,569.71 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit Three hundred ninety five and seventeen Dollars ($ 395.17 ) a month payable bi-weekly as follows: first payment due in the amount of $182.39. $373.50 current support+$21.67 back support a month The effective date of the order is 02/16/07 . Arrears set at $ 941.63 as of APRIL 10, 2007 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name Birth Date NICHOLAS A. WILDERS 05/01/93 Service Type M Form OE-518 Rev. 3 Worker ID 21104 1:f?;' .19 SPACHT I TILDERS PAC Case Number: 943108976 IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (.ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by o % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties -j'`jpVt Date Consented: Plaintiff Plaintiff's Attorney Defendant Defendant's Attorney BY THE". ?? Judge Page 4 of 4 Form OE-518 Rev. 3 Service Type M Worker ID 21104 KATHLEEN L. WILDERS (SPACHT), ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) No. 00-8782 CIVIL TERM HARRY J. WILDERS, ) Civil Action - Law Defendant/Petitioner) In Custody CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as follows: Kathleen L. Spacht 319 W. Marble Street Mechanicsburg, PA 17055 Date: -7,1 ?-- 61 ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 Attorney for Petitioner n i lot, I-P C KATHLEEN L. WILDERS (SPACHT) IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HARRY J. WILDERS DEFENDANT 00-8782 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 24, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland Country Courthouse, Carlisle on Tuesday, August 14, 2007 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn .Man an r. Es q. IINZ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ??' ? ???` ? ? ? ? ., ?a?? rt ", ?? ? ?? Michael S. Travis Attorney for Petitioner 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 KATHLEEN L. WILDERS (SPACHT), ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) No. 00-8782 CIVIL TERM HARRY J. WILDERS, ) Civil Action - Law Defendant/Petitioner) In Custody CERTIFICATE OF SERVICE I certify that a true and correct copy of the attached Order of Court for conciliation and Petition was served on the below person(s) by first class U.S. Mail, postage prepaid, or the means specified: Kathleen L. Spacht 318 E. Marble Street Mechanicsburg, PA 17055 (previously believed to be 319 W. Marble Street` Date: 0 9X7 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 ID No. 77399 KATHLEEN L. WILDERS (SPACHT) PLAINTIFF V. HARRY J. WILDERS DEFENDANT IN "FHI?: COURT OF COMMON PLEAS OL CUMBERLAND COUNTY, PENNSYLVANIA 00-8782 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 24, 2007 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 14, 200 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children ale five or older may also he present at the conference. Failure to appear at the confcrcncc may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR "THE COURT, Est ---__- By hn . Mangan,,, r., Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to con'tply 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 13ELOW TO FIND OUT WHERE YOL..1 CAN GET LEGAL I-IELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Michael S. Travis Attorney for Petitioner 3904 Trindle Road Camp Hill, PA 1701 1 (717) 731-9502 KATHLEEN L. WILDERS (SPACHT), ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) No. 00-8782 CIVIL TERM HARRY J. WILDERS, ) Civil Action - Law Defendant/Petitioner) In Custody PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER RE: NICHOLAS A. WILDERS The petition of Harry J. W'ildcrs. rc?p??tlull? repres?:nts that ran April 19. '001' '111 Order of Court was entered for partial custody,, a true acid correct copy 01, which is attached. 2. This Order should be modified because, the Order was routinely liberally modified by the partes to permit Father additional periods of visitation with Nicholas before February 16, 2007. Thereafter, Respondent filed a complaint for child support due to her financial problems. A copy of the Order for support docketed 129 S 2007 is attached as Exhibit 13. Prior to that point in time, the parties were able to agree on child support without an order for support. 3. Since the entry of the support Order, Respondent refuses to permit Petitioner to exercise additional periods of visitation with Nicholas. Petitioner is not receiving the time with Nicholas that lie is used to receiving. This modification in circumstances by Respondent has caused harm to the Father Son relationship. 4. Petitioner avers that a 5W50 custody schc? ulc is in the best mterrst of the child. 5. Petitioner also avers that Respondent has not kept Petitioner IntOrmed on ,hared legal custody issues and that more explicit language is needed so that the parties rights and obligations are clearer. WHEREFORE, Petitioner prays this Honorable Court for an Order of Court modifying the April 19, 2001 Order of Court granting Harry Wilders, shared physical custody of Nicholas, thereby restoring the status quo to that which existed before February 16, 2007. Respectfully subjf0tted, Supreme Court 1D No. 77 399 Attorney for Petitioner/Defendant 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 KATHLEEN L. WILDERS (SPACHT), ) IN THE COURT OF COMMON ILL, AS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) No. 00-8782 CIVIL TERM HARRY J. WILDERS, ) Civil Action - Law Defendant/Petitioner) In Custody VLRIFICA 110N I verify that the statements made in the foregoing document 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. o Dated:` -- - KATHLEEN L. WILDERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HARRY J. WILDERS, DEFENDANT 00-8782 CIVIL TERM IN RE: CUSTODY ??}} ORDER OF COURT AND NOW, this day of April, 2001, following a hearing on the merits, IT IS ORDERED: (1) The interim order of February 27, 2001, IS VACATED. (2) Katheen L. Wilders and Harry J. Wilders shall have shared legal custody of Nicholas A. Wilders, born May 1, 1993. (3) During the school year, the father shall have Nicholas: (a) Every other weekend from Friday after he finishes work until Monday before school. (b) During one week, from after work on Wednesday until Thursday before school. During the next week, from after work on Tuesday until Thursday before school. (4) During each summer school vacation period, each parent shall have Nicholas for any two full weeks, together or separated, in which they are on vacation. The parents shall arrange with each other for such weeks not later than June I" (5) During each summer vacation period, when either parent does not have Nicholas under the provisions of paragraph 5, the father shall have him on the same alternating weekend sciiedult? every Tuesda, after work until Thursday at day care, or if he off work until the mother returns honie from work. (6) The mother shall have Nicholas at times not allocated to the father except that the parents shall share holiday periods by agreement. Michael J, Kane, Esquire For the Mother Samuel Andes, Esquire For the Father saa Edgar B. nwi, Cr)PY )t/ROM RECORD N Te tirnon , set my hand and seal ;-i i Pa, ?...../. q f ?? Pr trronotary In the Court of Co: on Pleas of CUMBERLAND )unty, Pennsylvania s = DOMESTIC IWLATIONS SECTION KATHLEEN L. SPACHT ) Order Number 00129 S 2007 Plaintiff ) vs. j PACSES Case Number 94,io997 HARRY WILDERS ) Docket Ntmil)c-r n-!_:? i 5 2„ Defendtu?t Other State lD Number ORDER OF COURT 0 Final (j) Interim 0 Modified AND NOW, 10TH DAY OF APRIL, 2007 based upon the Court's determination that the Payee's monthly net income is $ 3, 888. 00 and the Payor's monthly net income is $ 3, 569.71 it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit Three hundred ninety five and seventeen Dollars ($ 395.17 ) a month payable bi-weekly as follows: first payment due in the amount of $182.39. $373.50 current support+$21.67 back support a month The effective date of the order is 02/16,"U'' Arrears set at $ 941.63 as of APRIL 10, 200'? are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to itunediate collection by all the means listed above. For the Support of: Name Birth Date NICHOLAS A. WILDERS 05/01%93 Form OE-518 Rev 3 Service Type M Worker ID 21104 ,__r , SPACH'i ,D `?-''l P ?( (, i ? Nun,., .'r IMPOR'FANT LE(;AL N01'IC1', PARTIES MUST WITHIN SEVEN DAYS INFORNI THE, DOI IESTIC: RELATIONS SE('T10N .1ND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN UIRCUNISTANUFS RELFV''N i TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION (?F TI{I. St' PPOR'T ORDER, 1N('IJ DIN'(_;_ BUT NOJ LIMITED TO, LOSS OR CHANGE= 01 iNC'O:1I OR FMI'L.O?'MENT ,'GN'U C'1IAN?;i? uF PERSONAL =,DDRESS OR CII.ANGL OI- ADDI<I.SS ul ANA Clih l) 1"14 LIVE"(-; S1 1)j1()RT WHO ?i"7LLFULL I' F IL.S TO REPORT A :b1AT111?1.1 1_ C ll.9:%G ? !'v' ( iP( t 1?I, -I/) H D(ITD ! `• CONTEMPT OF COURT, AND MAY BE 1,7NED OR IMPRISONED PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO I'm' FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFI (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITF, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONI PENDENTE LITE, SHALL TERMINATE UPON DE'AT'H OF THE PAYEI A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (I) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT FU REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REA('HED [IFTWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE kFTORTF.D "TO CREDIT AGENCIES ON AND AFTER THE DATE IT IS DUE. EACH UNPAID SI'PI10R"IPAYNILNT SIIALI_ (UNS-111`l I'L. 1)'i OPERATION OF LAW, A JUDGMEN'T' AGAINST Y01, AS WELL AS A LIEN AGAINSI REAL PROPERTY IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by o % a month until all arrearages are paid in full. Pavoi is responsible for court costs and fees. Copies delivered to parties v 7 - Date Consented: Plaintiff Plaintiff's Attorney Defendant Defendant's Attorlev BY THE Judge Page 4 of 4 Form 0E-518 Rev. 3 KATHLEEN L. WILDERS (SPA HT) ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) No. 00-8782 CIVIL TERM HARRY J. WILDERS, ) Civil Action - Law Defend ant/Petitioner) In Custody CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressecl as follows Kathleen 1- Spacht 319 W. Marble Street Mechanicsburg, PA 17055 Date: I ? .. --I u ichael S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 !717)731-9502 Attorney for Petitioner N 0 C:zl nip cr-I j cr% ttL GTE FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 e-mail: friedmanandking(&-hotmail.com KATHLEEN L. (WILDERS) SPACHT, Plaintiff V. HARRY J. WILDERS, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8782 Civil Term CIVIL ACTION - LAW :CUSTODY ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Plaintiff, Kathleen L. Spacht, in the above-captioned matter. Date: g f ftbl -I Jo F. King, Esquire F DMAN & KING, P.C. 460 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 WITHDRA OVAL OF APPEARANCE Kindly withdraw my appearance on behalf of the Plaintiff, Kathleen L. Spacht, in the above-captioned matter. Date: 7125101 Michael J. Kane, Esquire PA Commission on Crime & Delinquency 3101 N. Front Street Harrisburg, PA 17110 (717) 705-0888, ext. 3011 i =` `? - CP SEP 1$100 KATHLEEN L. WiLDERS (SPACHT) Plaintiff V. HARRY J. WILDERS ' Defendant Prior Judger Edgar B. Bayley, P.J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-8782 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, ,this Jtday of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Order dated April 19, 2001 regarding this matter is VACATED. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the ?9- day of 2007 at V am/pm in Courtroom number in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party 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 expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 3. The Father, Marry Wilders, and the Mother, Kathleen Wilders (Spacht), shall enjoy: shared legal custody of Nicholas A.Wilders, born 5/1/93. The parties agree that major non-emergency decisions concerning the Child's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. The Mother shall have primary physical custody of Nicholas A. Wilders subject to Father's partial physical custody as follows. During the school year, Father shall have physical custody of Nicholas every other weekend from Friday after he O 1 si E 'i finishes work until Monday before school. During one week, from after work on Wednesday until Thursday before school. During the next week, from after work on Tuesday until Thursday before school. The exchange time and location shall be by mutual' agreement. 5. During each summer school vacation period, each parent shall have Nicholas for any two full weeks, together or separated, in which they are on vacation. The parents shall arrange with each other for such weeks no later than June 1'. During each summer vacation period, when either party does not have Nicholas under the provisions of this paragraph, Father shall have Child on the same alternating weekend schedule as during the school year and every Tuesday evening after work until Thursday, or if Father is not working until the Mother returns home from work. 6. Should either Mother or Father desire to take the Child out of state for a day trip or take them on an over-night trip, one week's prior notice shall be given to the other party, 7. Telephone contact between the Child and the non-custodial parent shall be liberal as agreed upon between the parties. It is directed that both parents shall communicate with one another regarding the custody matter and to not involve the Child m' said communications. 8. Holidays: Holidays shall be alternated as mutually agreed upon by the parties. Mother shall have custody of the Child on Mother's Day and Father shall have custody of the Child on Father's Day. The Child's birthday shall be divided as follows: Father shall have the Child 9:00 am until 2:00 pm and Mother shall have custody from 2:00 pm until 7:00 pm. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. Mother is directed to not smoke in confined places in the presence of the Child. 11. Both parents are directed to communicate medical appointments for Child via email to one another within a reasonable time frame. 12. Neither party may say or do anything nor permit a 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 flee and natural development of the Child's love or affection for the other party. 13. The parties may modify this Order by mutual agreement in writing. In the absence of mutual'consent, the terms of this Order shall control. 14. Counsel for the parties are. directed and allowed to request this matter to be removed from the scheduled hearing date if appropriate and re-scheduled before ti the assigned Conciliator. Cc: Xhn F. King, Esquire, 3820 Market Street, Camp H: Xchael Travis, Esquire v I Mangan, Esquire lice, J "M F a ' ts- jF4 KATHLEEN L. WILDERS (SPACHT) Plaintiff V. HARRY J. WILDERS Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-8782 Civil Term : ACTION IN CUSTODY COM MIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: L The pertinentinformation pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth _Currently in the Custody of Nicholas A. Wilders 05%1/93 Primarily Mother 2. A Conciliation Conference was held on September 4, 2007 with the following individuals participating: The Father, Harry J. Wilders, with his counsel, Michael S. Travis, Esquire The Mother, .Kathleen L. Wilders (Spacht), with her counsel, John F. King, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody of the minor Child. Father seeks a true fifty-fifty split in time with the Child. Father has concerns regarding having access to his son's medical records/school information and participating in medical appointments. Additionally, Father has concerns with Mother smoking in the presence of the Child and has concerns regarding having telephone contact with the Child. 4. Mother's, position is as follows: Mother seeks shared legal custody and primary physical custody subject to Father's partial physical custody as the current Order directs. Mother asserts that a true shared custody situation would be. detrimental` to Nicholas' well-being and disrupt his school schedule. Mother' has been flexible with Father in regard to Father's custodial time and believes that the current petition by Father is a reaction to her seeking child support and that father has been delinquent in his child support. Mother asserts that Father has not exercised his full custodial time to date. Mother asserts that father currently has six nights in a two week period and that the status quo should remain in place. Mother asserts that Father has been able to participate with the Child's doctor's appointments, but that given the Child's 1 age (14),,most of the Child's medical/treatment records are protected by HIPPA regulations that Mother has no control over Father's access to these records. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering, an Order of Court granting Mother and Father shared legal custody and Mother to have primary physical custody subject to Father's periods of partial physical custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require half a day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. ------- Date: September 12 2007 John/. an, Esquire Cus y Conciliator KATHLEEN L. WILDERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HARRY J. WILDERS 00-8782 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this day of November, 2007, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Kathleen L. Wilders and Harry J. Wilders shall have shared legal custody of Nicholas A. Wilders, born May 1, 1993. (3) For the entire year except for holidays and extended summer periods as allowed in paragraph (4) infra, the father shall have Nicholas: (a) Every other weekend from Friday after he finishes work until Monday before school or in the summer before the father goes to work, and during each week from after work on Tuesday until Thursday before school or in the summer until the father goes to work. (4) During each summer school vacation period, each parent may have Nicholas for any two full weeks, together or separated, in which they are on vacation. The parents shall arrange with each other for such weeks not later than June 1 sr (5) The mother shall have Nicholas at all times not allocated for the father except that the parents shall share holiday periods by agreement.' ' The father seeks specific times for holidays which is not needed. The parents have been agreeing to those periods. This has worked well and should continue, with Nicholas's input, as he is mature beyond his chronological age. A/ohn F. King, Esquire For Kathleen Wilders Michael S. Travis, Esquire For Harry Wild( :sal ttiy ? , ~ '. oz) v .a 00 to i- tom, o =1