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Home My WebLink About01-2182 FX May-30-01 03:43P Irw;n Law Off;ce 717+243+9200 P.02 ., , I, , , HAROLD S. IRWIN, III, ESQUIRE ATTORNEY 10 NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF MICHAEL ALAN WHITE and DESIREE NICOLE WHITE, Plaintiffs " IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. , CIVIL ACTION - LAW RICHARD WHITE, SR. and LEONE WHITE, : NO. ,2001 "2182 CIVIL TERM , : Defendants ,IN CUSTODY ORDER OF COURT NOW, this day of June, 2001, on petition',ofdefendants, Richard White" ," Sr., and Leone White, and on motion of Harold S: I'rwin, Ill, Esquire, it is hereby ortlerea' and decreed that pending further Order of this CiJu'rt, the Order dated May2i,' 2001:; is " hereby suspended and petitioners shall retain primary physiealeustody of the child, ,', Heayen Leigh White (DOB October 5, 2000)'. ':', > "." ,';' . It is further oraered and directed that the parties and their respective counsel' appear before Jacqueline M. Verney, Esquire; the conciliator, on :the 4th Floor,' '", Cumberland County Courthouse,on the' day'of'" , . ,,2001', at . M. for a Pre-Hearing Custody Conference. 'At such conference; lin effort will be " made to resolve the issues in dispute; or ifthis.canndtbe accomplished,'to'define and: ' narrow the issues to be heard by the Court,andto enter into a temporary:orLier.' Failure' to appear at this conference may provide grouhds for entry of a temporary or'permanent order. ' /t' t., By 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 May-30-01 03:43P Irwin Law Office 717+243+9200 P.03 r , I, '> ~ HAROLD S. IRWIN, III, ESQUIRE ATTORN"Y ID NO. 29920 35 EAST HIGH STREeT CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MICHAEL ALAN WHITE and > DESIREE NICOLE WHITE, Plaintiffs : IN THE 'COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA:' ,.;, , v. : CIVIL ACTION - LAW RICHARD WHITE,' SR. and LEONE WHITE, : NO. 200"' :2182 CIVIL.TERM .f- : Defendants : IN CUSTODY . .., "',;:..L-' ;." PETITION FOR SPECIAL ReLIEF '-, . '~. , '~ ..., NOW come th<<;l petitioners, RIchard White, Sr. a'nd Leone White, by their altwney,.Harold S.lrwilJ, III, Esquire,andfilelhethispetitkirilo(special relief,- .representing as follbWS: ',. .. r: . ," '" . ~ ",> .:."",--, ,~: . 1. " The petitioners are Richard White.. Sr. and. Leone White, 'adult individuals resiiHl)gatR:D. N"o.3, Box 30, Newflprence.Westmoreland County, Pehnsylvania. ,.... Petitioners are.co"defendants in an action for,custbdY filed at this tfmiland"nUi11ber and f. 'are thepaternall;irandparents ofthechill;l.' .' " -.., ",' 2. The respondents, Michael Alan White and Desiree Nicole White, parents of the child and adult individuals whose residence at the time of their petition for custody was 315 market Street, Apartment 2, Lemoyne, Cumberland County, Pennsylvania; however, it is believed and therefor averred that by the time of the custody conciliation conference held on May 16, 2001. respondents had moved their residence to Harrisburg, Dauphin County, Pennsyivania. Furthermore, respondents were represented by counsel, Mark C. Duffie, Esquire, at the time of the conciliation conference. May-30-01 03:44P Irwin Law Office 717+243+9200 P.04 r r , , " 3. The child which is the subject of this action is in the custody of the petitioners I defendants and has resided with the petitioners I defendants in Westmoreland County since the time of her birth on October 5, 2000. Neither the child nor the petitioners I defendants have ever been a resident of Cumberland County. Respondents I plaintiff,? are no longer residents of Cumberland Ci,lJl1ty and have not been sosihce some time 'prior to the conciliation conference. ,,', -. ,'. ,,-,"" 4. On or about October 7, 2000, respondents relinq~ish'ed to the pefitiOner ,-C, ": theif parental rightstbthe child by written agreement '(c.t'l:opy of~fii&'h is incorpoh:ifed:J herein: by reference and, attached hereto as Exhibit: "A") 'and'on that date petitioners'tooR"i}':;' the child home to live with them. ".',>, "," ,- . - > ,',: :1' ""-.,' -,,'. 5. Petitio[ler believes and therefor averS.that the'resp'and~hts are<wh6I1y": . ""'J" uhableto ~re forth~ 'child and h~ve virtuaIlY'nc5,'apprebiatfOri forthe special h1Eidical'" considerations which nave been made for thEFchildtodateartdwh!clt must.be ,,: ". H continued if the child is to have any semblahte'ofanohn'aJ life>! "i . i '", ,,;, '. '. "..I ':;. ."".-.-..: ;-,:.-:'-., '';'' ; , " " '.' 6. '. " ,SuCh'laCk' of'ability to' ca're for thechij(j has beenevideri~ed iii part by the' - 'aCtivities and iifestyleofthe respondentsbotlfpridr"toahdsince'thefiiitl1 oftlieCchild:.. " ,_ _ . '"_" ' .. , ,'_' '_.' .' - _e'_ I For example, du'ring the' last couple bf months ofthemolherspregnan'cy,themotner '.. ' .- .', - I' - ", > - ' - '-~ ' continued to drink and smoke heavily stating th:ilt she was doing so in the hope: that such activity would cause her to have a stillbIrth. r '.' 7. The child was bom prematurely with various chromosomal abnormalities and other birth defects which require close supervision and monitoring and special medical care as evidenced by the various partial medical reports (copies.of which are incorporated herein by reference and attached hereto as Exhibit "B"). Some of the reasons which the child's physicians have advanced for the child's condition relate to the abuse of alcohol and cigarettes by the respondents during the mother's pregnancy. May-30-01 03:44P Irw;n Law Off;ce 717+243+9200 P.OS , . , " 8. Petitioners believe and therefor aver that the respondents continue to engage in activities which would be extremely harmful for the health of the child given the child's special medical problems. '. 9. . Petitione~'have been the only caregivers for the child since her birth, have~ good working relationship with the child'sphysici~ms and arErwilling to continue to provide the love and attention that this special' heeds child 'requires;"(See mediCal report from ~r. Venka~;Dhi3rbharmulla incorpori3ted heireinby referenceand attached'; .... - .;"heretoasExnibit}'0".}':::.:.;,.... '.... "!,... '5<, ','1:. ,-Ci, .1_. . 10. At the time ofthe respondents' originaf petitionfdr custoay, petitioners ,.; , contacted the Gllmberla'ndCounty LawyerReferraFSer\llcEl.seilkinglegai coun'sel. . ,. , Thewthen'contacted /:;JaroldS. l!Win, III, based:Upof1;.nefertalfrol1'i"th'el.R.S], ':. ;i-: ~: :;.; j":,'.\;; . , ~. . .' .. .11. Counsel~ontacted petitioners' WestmotelanerG6urltyattdtney fora copy .., ..... " . oUne custody compl.aintand advised that he would' petitiim'the CumBerland County' . Court for a change of venue as soon as he Was'retailiea and'haifretei\:red back a - . ( ,.... signedengagerrientletteramUeeagraemenC": ',.', '., " '1- '", ,.. ;,' .-.-.. . . " ."" . .::: ~, . ~ . ". ',2; ~. ,." ; ." ,12. ". VVheln :co,unsei ree;eived. a copy of the'petition he 'again advised ... .... .' Westmoreland counsel that he w<;Juld begin working 6nethis cas'ewhen he receHVecl" a" ret?iner and signed fee agreement. ". " ..,'f " , '" -, < 13. The conciliator, Jacqueline Verney, Esquire, contacted the Cumberland County Court Administrator regarding jurisdiction and venue in this case, recognizing that the action should properly have been filed in Westmoreland County; however, she was instructed to continue with the conciliation unless objections to venue were filed by one ofthe parties. 14. Westmoreland counsel apparently did not advise petitioners about Cumberland County counsel's requirements, but, meanwhile. petitioners believed May-30-01 03:44P Irwin Law Office 717+243+9200 P.06 " " , t , . . < erraneausly that Cumberland County counsel was moving to change venue to, Westmareland Caunty and did not appear at the May 16, 2001 canciliatian. 15. Since no, ane appeared to, challenge the request af the respandents at the conciliation conference or to, pravide any other inpLit, the conciliator reqLiested that the' Caurt ~.nter an arc!er pravidingthat the respandents:havecustooy of tile child , ; . immediately. (See copy afMay 22,2001 Order attached as'Exhibit "D") .... ,~ ,~ ' 16. As soon as petltioners received a copy' of the"neW' caurt-order, they . contacted .Cumberland Cbuntycounsel andlearhedaboUfcounsel's-fequiremenls, :...,whJch n.aye:since.:been rT!,E~t.-:):, > '~':l', '." r.--:"~ ;,'\~~-r';r ;" - ".(,- "",0:,'",,': '-,;>,,, '. ~, - ~':, ';t ! ,:' -",~.~ ':, -~ ., '#'._;'v- ',."... - .,17:',The1b-est interests and welfare of this' childahsoiUtely requifiithat befare ~'..' ,: respandents be permitted unsupervised contact witlfthischild they develop some'kind - ." ;./, , of;relatian,Ship aventirl'le!and that they demanstrate:theabilitY'ahtl'oElSifertoproperlyahtf ". , . ;' j:~pprbpriately'~~re,for ~~is,.-phild; " "; '"~',, ~' .. :_' ,--;" ~~~, 7' ;:~ 7, ~ '-:', ,.; , 18. . 'Petitioners.believ!,! and therefar aver that thE! 'Ordefdated:May 2Z, 2001 ,'r .should be vacated pending a conciliation cohference:arid F6(cust6dy hearing in which '.'. . . . petitioners can participa,te and pravide comPlete evideriC'e'astofne'speciarriesds ofthfsi . crild ~mdtheability of.thf;l re,spondentsto mee(those'Oeeas and 6therrelevanf. .,', . ,. ,.'. information necessary to an appropriate dispasition af this matter. '. . i_ ''',' '. .-;- . ",'.,,; '-,' '; .>'., >,' . ~. ~;r:'- WHEREFORE, petitioner respectfully requests that the Court enter Order suspending the Order dated May 22, 2001 until further Order af Court and set a new conciliation conference date. Respectfully submitted, HAROLD S. IRWIN, Attorney for Petitioners May-30-01 03:45P Irw;n Law Off;ce 717+243+9200 P.07 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. understand that false statements herein are made subject to the' penalties of 18 Pa.C.S. Section 4404, relating to unsworn falsification to authorities. ,,' " ,>.' , 'r:~: '}." -'. ',", "j '!-." '! -',; " Ma}'.3 ),2001 LY!? ' A ~ efj) ;-"/~"";.-.-_.> -,...,:; > ." RICHARD WHITE;:. SR. CIh9;A fl ',' (A.-,,1~1e LEONE WHfrE ~ , -j, ," o' f ~ '".-, ..~ ..' . " -~,~, . - ~'~'I: .-( '/. ." "" "'-.' -," ,', ,"~: ... :". '," ,.., , ,-'" ,". . : , :." . --, !,", . -",~ " ,:.-.{- "1,' , ';1 ...t: , ~: . I c) Westmoreland County Courts WHITE vs ) ) ) ) ) Docket Number WHITE We Michael Alan White Father, and Desiree Nicole White Mother are turning over parental rights of baby girl born October 5,2000 at 2:36 p.m. 6 pounds 7 ounces 19 inch long, to her Grandparents Richard LaRue White Sr, and E. Leone Thayer White. Richard L. White Sr.is the Father of Michael A White, and E. Leone White is Richards wife. E L~u it/# E. Leone Thayer W e ~f-~@) Richard LaRue White v 'i'-. ('\ ~t\'^"~ ~~\\ \~. Witness: tu~ ~~~ ~ (JJ d: 1J () (JOG wktt ~J~ ~ (j. if 6-/ d-OdO {)~~ - ~ 'L,,.,- ,,",- _ _ ,_,,,_,_'_':~"<,9_,,, ,~-"--,-""". ~-" "--'i""~'---';"" r:-->" -'--,.'''''' " . 1 . -", . . -- '1(!'-~,~_~ "" "-. , .) . I " . , RE: Angela White DOB: 10/05100 GC#: 00.23~ gained. The other possibility is that this was a new change that occurred in Angela and that there are no changes in either of her parents. Sometimes when the chromosomes from the mom and the dad come together and line up together, changes can occur. Because Angela is missing the top piece of one of her copies of chromosome 6 it is possible that she may have problems with her eyes. It is important to monitor her eyes by going to a pediatric ophthalmologist Angela also has an extra piece of chromosome IS. Some of the problems associated with this extra piece are heart problems, a small head. and some learning problems. We discussed that we cannot predict how severe Angela's learning problems may be. When Dr. McPherson examined Angela she noticed that Angela had some extra skin on the back of her neck which indicates that her neck was probably swollen during the pregnancy, she also had low muscle tone which means that she may have some delays in activities that require strong muscles such as sitting up or walking. She also has droopy eye lids and a cleft in the roof of her mouth which may explain why when she throws up it comes out of her mouth and nose. The other feature that Dr. McPherson noticed was that when Angela clenches her fist she keeps her thumb in and under the rest of her fingers. By Angela's age most infants have started to put their thumb on the outside of their fist. When babies don't make this change it makes us wortY that they may! have a change in their brain that is stopping them from progressing nonnally. In other respects. Angela is doing very well for her age. Because we know that Angela has an increased risk of eye problems, heart problems, and learning/developmental problems we have suggested that a pediatric ophthalmologist, a pediatric cardiologist, and early intervention see her. Early intervention is a special team of health professionals who \\ill come to your home to determine if Angela is developing the skills at the nonnal rate. If they feel she is developmentally delayed they will have professionals in physical therapy. occupational therapy, or speech therapy come to your home to work with her so that she develops as well as possible. Weare also interested in seeing how Angela does in the future; therefore. we would like you to bring her back 10 see us in 6 months to see how she is doing. As we explained above, there is a chance that Angela has inherited the change in her chromosomes from her parents. During the appointment we gave you referrals for Angela's mother and father to have a blood test that would look at their chromosomes. This information can be helpful in detennining their risk to have other children \\it!l chromosome changes or the risk for their other children to have an undetected chromosome change. We discussed a lot of complicated information during the appointment: please feel free to call us if you have any questions regarding this information, we would be happy 10 speak with you again. You can reach llS :It ! 12-6.-!-l--.!, !5~. Sincerely, Erynn Gordon Genetic Counseling Intern , .. !C' {cf.l,?< /17(.#/ ~: './ 4- Elizabeth McPherson. M.D. Pediatric Geneticist '..I. '. ~.... cc: Pediatric Care Specialists in Johnstown "" . .-,~- -'Yi"~"L. ....~.. . " ," '~"';I , ,_ ~_~_o;,_, ."~___'~. "'" ;~,," >'.,^' ''f.'<,--' , y," ,. j""-'" . ~-~.. .'.' . ..,-- ,"',J.v,,- . -,,-- " " , RE: Angela White DOB: 10/05/00 GC#: 00-2384 resemblance to previously reported patients with this condition. Other frequent features include short neck, post natal short stature, microcephaly, cardiovascular defects, arachnodactyly, and camptodactyly. Mental deficiency is always noted and usually severe. Because the majority of previously reported 15q duplication patients have involvement of another chromosome, it is difficult to be certain what portion of the mental deficiency is ascribable to the duplication 15q. Since the other chromosome abnonnality in Angela, namely the 6p deletio, is small and associated with only minimal mental deficiency, 1 am optimistic that Angela might be less severely affected than many of the reported patients. Nevertheless, she is at risk for significant developmental delay. I strongly suggest that Angela have her eyes examined by a Pediatric Ophthalmologist. I wonld suggest either Dr. Hoover or the Pediatric Ophthalmology & Strabismus Group. I know the later has an office in Murrysville. I wonld also suggest that Angela have an echocardiogram for reassurance because of the high incidence of congenital heart disease in other patients with this chromosome abnonna1ity. Because of the risk of developmental delay, Angela should be enrolled in an Early Intervention Program. I have provided the grandmother with prescriptions for the birth parents to have their blood drawn for chromosome studies. This is important because if either of them carries a balanced translocation other family members could cany the same translocation and possibly be at risk to have affected offspring. I would like to see Angela in 6 months for follow-up to see if she is progressing as expected for a child with this condition. In the mean time if you have questions or ifl can be of further help, please don't hesitate to call me at .H2-64l-4168. With Best Wishes. ~!dl~ Elizabeth McPherson, M.D. Pediatric Geneticist/Dysmorphologist EWMllam cc: Dr. Rogerson ~ Ie ~pl o C)/~6/01 'f,,, d ~, "^---"'0'~~,c" ,,,"'iv- ,--"~-'?''''"=-,,,,- ~. _,"'X'Hf _,'-w_- " , '''VT -"" '1-.-1- ' -., ;>-;., ""._r_ '. PITTSP' '~GH CYTOGENETIC LABOR. .ORIES '. ' L . . t' I' Magee-Womeus H.ospital 300 Halket Street Pittsburgh, PA 15213-3180 412-641-5559 FAX:412-641-8730 ., -. .,' - -- . .. CYTOGENETIC REPORT . _ , . . . . , '.h. ,,' Patient ....................... White, Angela Date of Birth ............... 10/05/00 Laboratory # .... 00-PB801R Specimen Type............. Peripheral Blood Date received... 10/26/00 Reason for Referral ....... Gonadal dysgenesis Specimen date.. 10/25/00 RIO Turner syndrome Report date ..... 11/06/00 Referred by: Dr. Venketa Dharbhamulla, 110 Main Street, Johnstown, PA 15901 UPMC Lee Regional Hospital, 320 Main Street, Johnstown, PA 15901 . RESULTS . ',.... Number of metaphases analyzed: 20 Number of cells karyotyped: 2 <45 45 46 20 47 >47 KARYOTYPE: 46,XX.der(6)t(6;15)(p25.1;q22.1) INTERPRETATION: Female Karyotype with an Unbalanced Rearrangement of Chromosome #6 and #15 Resulting in a Partial Monosomy 6p and Partial Trisomy lsq All of the cells analyzed were missing a normal #6 chromosome but contained a #6 chromosome derived from a translocation between the p arm of a #6 chromosorne at band 6p25.1 and the q arm of a #15 chromosome at band 15q22.1. This results in an unbalanced rearrangernent with partial monosomy for the segment 6p25.l->pter, and partial trisomy for the segment 15q22.1->qter. Genetic counseling is available to discuss the implications of these fmdings. Peripheral blood chromosome analysis (5 ml. drawn in sodium heparin tubes) is recommended on both of the parents in order to determine whether this is a de novo or an inherited translocation that has given rise to an unbalanced chromosome anomaly. No other significant numerical or structural aberrations were seen at the 675 band level of resolution. * FINAL VERBAL REPORT: 46,XX,der(6)t(6;15)(p25.1;q22.1) Female Karyotype with an unbalanced rearrangement of chromosome #6 and #15 resulting in a partial monosomy 6p and partial \ ,..t trisorny lsq, reported to Mary on 11/0712000 at 11:23am by MMC. l . . ,'" y ~\ e.!o%: (~ Sally J. ~cba;, M.S., CLSp(CG) Laboratory Manager l\nv Cl..<) W- Urvashi Surti, Ph.D., ABMG Laboratory Director ;'~" '- -----...---...--. ------- --.--. .." Date: Ie - {1(0 - 00 Baby: G \ ~\ .\.c. ::"<:Sl) , ~ I '\ ~ . Mother: I, '1 \ l\ ; ,~ . , (L~St\" 4- V . ~,\E. Dear Physician. ....-- .... .- ---.---. _e. , ,,' . , PEDIATRIX MEDICAL GROUP, INC. NEWBORN HEARING SCREENING Physician FOLLOW UP: Hospital: ~~~i\S ~h Ii.(~ 1(1- ~-cO \ Vfr . \ W\":"O:-\A- (First) ,\. (MI) '-J DOB: \. ~ " . b-E.Sl ~t.\:. (Firs\) \ ., . ......:. \- I h-l::..,Cl\--! t. , Phone Number: (M~ (~Vjl.\l-~\~t0 "-(n~ ~t~~~~\O\V\~\~ ;. 1- ~5 q~qC' The baby named above did not pass the Hearing Screening and helshe I . scheduled for follow up testing. S',..Qu $\ The results were: R: pass@ Appt. date and time: Audiology Facility: (Complete Address An:! !"hone Number): L: Pass o{efj:) Pt:A~~t~\i- QM..~ ~Q' 0. \ I 0 'it\ Iti~ ~\tEE,\ ~. c.- ~t~~-rc:~W ,QCb?-- our records show that this family has chosen you as the Primary Care Physician (PCP) for this baby. Please help us facilitate this assessment. Your support to complete this infant's diagnostic testing is appreciated. Thank you in advance for your time and effort in helpino us to maintain the quality of care that our babies need. . ... .- ,i- -( , "' ,< i .,......\ "', \ - ., ..... _.~ .. ~. Hearing Screening Coordinator .j'. _ .' Pediatrix Newborn Hearing Screening Program \\1 5 t\?~N-\-. SA.. ~~~. Yf'f. \'IIt.\ (.\a tl.\\~~\~ $u.~~ \-\c,!j ~ . Sincerely. . , - .... n\(1~x'Z."^:\~'(- .~:grlenUmber nlYJ.."'?C :f..,\.'" .- I ~l , . ,- ~ . ~_ 1--, ;~;<. " : '~.... -~ .:~~t ,",:1:_ - ~ ""'I -..... C 7-. ,. ;... ,... - :..:.. - :-; ';.......... ~ ~. ~.:;.j ~ ~ . . : - ;:..; ~ ; - r 7 )11 j "'7-;J~~~:~J , '"; ! 1 -1 i .: Dr refer 312000 Legal Approved 3/1512000 ~ - : .l, M -. ~ . ; ...l : -: : ~ . Wllire - Physician Yellow - Pediatrix !~~ , ., ,,-,?- ,. ',O~" ,,~, : ~/'.J5l JJ .,-,,-_c 1', ~_~''f'" .'-_'.-" ~-- , / , . , , , ". Magee-Womens Hospital of UPMC Health System 300 Halket S_I Pittsburgh, PA 15213-3180 Department of Genetics November 16, 2000 412.641-4168 Fax 412.641.1032 Pediatric Care Specialists In Johnstown 110 lVlain Street Johnstown, PA 15901 RE: Angela White DaB: 10/05100 GC#: 00-238~ Dear Doctors: I had the pleasure of seeing Angela White together with her grandmother who is raising her in the Medical Genetics Clinic at Magee-Womens Hospital on November I~, 2000. Angela, as you know, is a 5 week old with an Wlbalanced chromosome trans1ocation. This results in a slight deletion of 6p and a significant sized duplication of 15q. Angela was the product of a pregnancy complicated by smoking and possible alcohol use. She was delivered near tenn and had a birth weight of 6 poWlds 7 oz, and length of 19 inches. In the newborn period webbing of her neck was noted and Turner Syndrome was suspected. She also failed a hearing screen. Since that time her general health has been good. She is on Amoxicillin for serous otitis. Because of vomiting which occurred through the nose and mouth the grandmother changed her fonnula to isomil which she tolerates well. Her growth has been excellent The grandmother feels her development is essentially nonnal, but has noted that Angela rolls her eyes at times. Angela has one full sibling who is physically and developmentally nonnal. A half sibling through her mother also appears nonnal. A palernal uncle has seizures. There is no other family history of birth defects. nn physical examination, Angela has a length of 21 inches. weight of 8 poWlds 6 oz, and head circumference of 35cm. This places her at the 50 percentile for length and weight and the 25 percentile tor head circumference. She does have a cule. but somewhat unusual facial appearance with plosis. a prominent nose with snubbed tip, a long. but not smooth philtmm, and mild micrognathia. Her ears are small. measuring only 3.3cm bilaterally and are simple in their fonn. She has excess nuchal skin, bul no tme webbing. Her nipples are somewhat wide set: there is no cardiac murmur. Her abdomen, back, and external genitalia appear nonna!. Her limbs are nonnally proportioned and have a full range of motion e.xceptthat her thumbs are usually adducted. Palmar flexion creases are nonna!. The total hand length of 7cm and foot length of 8Acm are within the nonnal range for her age. She is mildly hypotonic, but is bcgi,ming to lift iter head whea pulled to siuing. I \Va, IIOt able to see a red reflex in eithet eye, bur c:~amination was difficult because she is quite semiltin~ to light. I also was not able to observe her- following objects visually. I did observe her eyes rolling at times. but this did not appear to be true nystagmus and also there was no other evidence to suggest a seizure. Angela has only a very small deletion atlhe tip of op. The number of cases previously described is small. but it is important to note that many of the patients have had eye abnonnalities. The gene involved in Rieger syndrome maps to this location: therefore. Ihe incidence of colobomas and other anterior chamber abnomlalities in patienls with Ihe deletion is nOI surprising. Congenital heart disease is also frequent in patients with a deletion of this portion of 6p. Hearing loss may also be attributed to this deletion, although the mechmtism of the he'lring loss. sensorineural vs conductive, is not clear in aU cases. There is considembly more infonnation regarding duplications of 15q. The region which is duplicated in Angela is associated with a specific facial appearance involving ptosis, prominent nose, long well defined pltiltrum, high arched palate, and micrognaUtia hal'e been reported in most cases. Angela shows a facial f -~'''-'''''" - -i~,:h., ,"", '<:. c_.,__'" -. .'-',,'''', ,-. ',~~"~ -,']-~",-' .," - -,' - " ~' . - ~ ,"'. " ,I I (0 MageeWomens Hospital of UPMC Health System 1,'- , 3CO Halket SI1eet PltlsIlurgh. PA 15213-3180 Department of Genetics December 1, 2000 412-641-4168 Fax 412-641-1032 1Vlrs. Desiree White RD #3. Box 30 New Florence, PA 15944 Dear 1Vlrs. White: It was a pleasure meeting you, your son. and your granddaughler, Angela, in the Medical Genetics Department of Magee-Womens Hospital on November 14, 2000. This letter will serve as a review of our discussion. You may wish to keep it with other medical records for future reference. During your appointment we discussed the fact that when Angela was born there was a concern that she had some features of Turner Syndrome. This is a syndrome in which girls are born with only one X chromosome (most girls have two X chromosomes). In order to determine if Angela had Turner Syndrome the doctors requested a test that looked at her chromosomes. When this test was completed it was apparent that Angela did not have Turner Syndrome, but did have changes in her chromosomes that we felt were important to discuss with you. If you recall from our discussion we expect everyone to have 46 chromosomes that are put into 23 pairs. The first 22 pairs are numbered 1-22 and the 23M pair are called sex chromosomes. In girls the sex chromosome pair is xx, in boys the se.'I: chromosome pair is XY. One of each chromosome from each pair is inherited from a baby's mother and the other is inherited from a baby's father. When we looked at Angela's chromosomes we did see 23 pairs, but not all of the chromosomes were as we expected them to be. After looking at Angela's chromosomes it was apparent that she has an extra piece of one chromosome 15 attached to one chromosome 6. She is also missing a piece of chromosome 6 at the point that the 15 attached. To help you understand what has happened I have put a picture of the changes below. G.:." E 141'15*15 f; t! I j I II ,,;.t., '".t., rt);.j5,'"j _ pi~Cf. of $0 ltr.:.l Ll..'iti) tin Extra.. piteE... cF .:IF 15 iI:/; ~/:, .15 -1"/5 There are two explanations for how this happened. It is possible that either Angela's mother or father could have some changes in how their chromosomes are arranged. Often parents will have changes in how their chromosomes are ammged, but without gaining or loosing any material so there would be no way for anyone to tell that they have a change. UnfortwJately when a person with a change in their chromosomes has children it is ,possible that the chromosomes will not align properly and some material \\i1l be lost or , - -.. .* .~ / ...!::~~ .:" :;; . . , .,,,>-.-.. ". ,.' i', -..,). .j' .,.",'" .' " ~c " - ~~: \< ". , "" . ~"-,',.,, , ~< ,-, , - , . ,,- _.~w"'. , " . . / DfNAlene Tb, futur, of diagnostic g,I/,lics 1<00 Fonnln,Suke 1100 Tol.113.19L9SGO 8 I 9 Iloyb... """. 2nd Floor T.t 206.386.6166 www.dynapne.com Houscan, Texas .....,13.19..9595 Soaal..WuhlnCW" lbll Fro", 1.IIOD.S<3.1J46 USA 98104 Fax: 206.386.2631 ToU Free: I.BOO.4S8.6836 U.S.A. 7105' CHROMOSOME ANALYSIS REPORT PATIENT: WHITE, DESIREE DYN ID#: 104605 BIRTBDATE: 06.09.1979 'l'YPE SPECIXBN: BLOOD DATE COLLECTED: 11.21.2000 DATE RECEIVED: 11.22.2000 STODY REQUESTED: KARYOTYPE REPERBED BY: ELIZABETH MCPHERSON, M.D. ADDRESS: 300 HALKET STREET PITTSBURGH PA 15213 PHONE: 412/624-9951 REPERRING LAB: HBH REPERRING LAB#: NOT SUBMITTED PATIENT ID#: NOT SUBMITTED BILLING#: NOT SUBMITTED INDICATION POR STODY: CHILD WITH t(6pi15ql DATE PINAL: 12.01.2000 VERBAL PRBLIX DATE: N/A BY: N/A TO: N/A , RESULTS: Analysis of 20 cells (2 cells karyotypedl showed a 46,XX chromosome pattern. INTERPRETATION: Normal female chromosome analysis. . - e:?c F.A.C.P. GENETICIST Sau W. ~.~.~.~ BOARD CERTIFIED CLINICAL CYTOGENETICIST C. Thomas Caske , BOARD CERTIFIE 'W,~_. " ~",O'''._,,~,'' -., '0-'___"' ,-~ ""'1'_,'n',~r,__'_,.",~,,~ '_'_',,". ",,-~,' -.1-' " - ,., D'l'NACARE ~LA80RA1'ORlE5 _ _' __' c. '-_~__, , ,~., ~', 1."_'- .<<, ,., _~. "i'o' b.' p-2) Eyetlfs for~' PEDIATRIC OPHI'HALMOLOGY AND STRABISMUS, INC. SURGICAL ASSOCIATES A M_6w Of F_ily Ey. C,,,. Of Wm.." P.....,hI_u.- Albert W. Biglan, M.D. . John S. Davis, M.D. . Jane Hughes, M.D. ,. North OffICe: 1'No Landmark North. Suite 232 20397 Route 19 North Cranberry Township, PA 16066 (724) 772.3388 . FAX: (724) 772.3811 Business Office (ditect all correspondence to) Two Landmark North Suite 300 20397 Route 19 North Cranberry Township, PA 16066 Phone (724) 772.3388 FAX: (724) 772.7020 AdministrationlSur9ical FAX: (724) 772.7021 Referrals Email: pedstrab@bellatlantic.net East OffICe: 4750 Old William Penn Professional Bldg. Old William Penn Highway Munysville. PA 1 S668 (724) 772.3388' FAX: (724) 733-1159 Oakland OffICe: 3518 Fifth Avenue Pittsburgh, PA 15213.3387 (724) 772.3388 . Fa. (412) 622.0489 South Office: Meadows Professional Center 1385 Washington Road (Rt. 19) Washington, PA 15301 (724) 772.3388 . FAX: (724) 229.8692 December 19, 2000 Dr. Venkata 110 Main Street Johnstown, PA 15901 Re: Angela White Dear Dr. Venkata: Thank you for referring Angela for consultation. Angela has a partial deletion of chromosome 6 and a extra addition to chromosome 15. Examination today shows a comfortable 2-month-old child who appears to be well-developed. The hair and features are relatively blonde. I cannot see iris transillumination. The cornea is clear. The lens is clear The fundus shows a prominent appearing optic nerve dmongst d ve~y blonde fundus. The fovea reflex is diminished but this can be normal in this age. The refractive error is negligible. Angela has what I am going to hope is good vision, but a mild or incomplete albinism. Over the next four months, I would expect the fovea to develop a little better and to see good fixation. I would like to have a repeat evaluation in four months. Sincerely yours, tk-. Albert W. Biglan, M.D. , - AWB.srl Addendum: Enc,losed is a tablet for additional referral to this office. ~ j "VOl"!'! "'~""'--' . . , <'~'" .~, . .,PI PO'" .... I' . ",v,,~ if~ . , ~,', . .-- . -': '-', _po 0 .....' Pediatric Cardiology Dtvisio~. " , Dcpartmnt ofPediattlcs University of Pittsburgh School of Medicine www.chp.edu C Childreri.'s Hospitlll of Pittsburgh " 3705 Fifth Ave Pittsburgh PA i5213 Day (412) 692 SS40 Night (412) 692 5326 Fax (412) 692 5138 L.B. Beerman MD (Director) O.J. Boyte MD J.L. Drickman MD J.A. Ettedgui MD D.R. Fischer MD P.M. Kanani MD L.M. Lanford MD Y.M. Law MD S.A. Miller MD W.H. Ncches MD S.C. Park MD F.S. Sherman MD S.A. Webber MD J.R. Zuberbuhler MD D. Dorsey RN K. Lawrence MN, RN L. PattonMSW B. Slinner RN, cere J. Turk, Manager R. Zoltun, RPh, Mgr CCL NAME: WHITE, ANGELA UNITit 92 99 6~ ~~~. ~1 0105100--' D : U1/31/01 Angela was seen here on 1/31/01, but the dictated note cannot be located. Either it was inadvertently not dictated or it has been lost. What follows is from notes and my memory. HISTORY: Angela is a 3-month-old infant who was born four weeks prematurely and has been thought to have a chromosome abnormality. She will be having tubes placed in her ears in the near future, and she comes here for cardiac evaluation. She has had no feeding difficulties. Her fingers and toes have been thoughtto be blue at times, but she has had no lip cyanosis. There has been no respiratory difficulty, and she has had no significant illnesses to date. . She has a brother and sister, both healthy. She is on no medications and has no known allergies. PHYSICAL EXAMINATION: She was in no distress. Length 62 cm (90th percentile) and weight 5 kg (10th_25th percentile). Blood pressure was 86 by palpation in the right arm and peripheral pulses were symmetrical and of normal amplitude. There was no jugular venous distension and pre,::ordial motion was normal. There w<!s a grad'" 1-!1 systolic ejection murmur at-the high Ipft sternal border. There was no radiation. The second heart sound was probably split. No diastolic murmur was heard. Lung fields were clear and abdominal examination was unremarkable. ELECTROCARDIOGRAM: (by my interpretation) Normal. CHEST X-RAY: (by my interpretation) CT ratio 0.58. Increased pulmonary vascular markings. E:Ct!OC/\RDIOGRAM: Small atrial septal defect. Right ventricle not enlarged. DISCUSSION: Angela has an atrial septal defect. The chest x-ray suggests that this is a significant defect with large left to right shunt, but thi~ was not confirmed by the echocardiogram. She requires no intervention at the present time and should be a good candidate for ear tube placement. A return visit will be in 9 months. She will probably have a repeat echocardiogram at that time. A chest x-ray and electrocardiogram will be scheduled. A copy of this report will be sent to Johnstown Pediatric Care Specialists. FINAL DIAGNOSIS: Atrial septal defect. ~9F!:ll;Jhler, M.D.lcjr D: 02123/01 T: 02125/01 ,- ,- ~~,,",1 xc' ,,<~;_,_,l' ' , , "".-",=" '";,,,~ "', ,,",' ,\~'1'" ,.""", _ ';";''^'"~ , ,"",.' ,N', d'", ,;" "-;'",,,~,f_",I"__'!_ ,,- -~, ~,", me" _, ',", :"." '+', ..~ '.' C a1iIdn:n's _. - , DIViSIQN <OF.C. . .OIOt.OGy ECHOCARDIOGRAM REPORT FOIlMNO. ll73Il _'-a) ECHO NO. DATE 01/31/2001 01-0107 Read By: DAF PA11IN1' WHIT" _. IIRTHDAlE 1010512000 AREA ope CI.INIC FLOOR REFERRING/ PEDIATRIC CARE SPEC. STAFF II.D. " . .ANGELA ,) ! UNIT 92-99-65 NO. CASS~ENO. 4782 4789 CUNICALDATA SEPTAL THICKNES M. MODE SF~LVED'LVES 21 mm LVED SEPTAL MOTION 12 mm ~ Normal 0 Aat AORTA 3 mm 3mmLA o Reverse THER 1 0 LPEP mm 11 mmRPEP CROSS SECTION V CONNECTIONS Ii1I Concordant 0 Discordant 0 Olher ENTRICULAR SEPTUM 1i1I1nl8cl 0 Defect RTERIAL DUCT Ii1I AbSent PEPIET o NONE TIME o CHLORAL HYDRATE o OTHER LVES PW THICKNESS RPEPIET DOSE SITUS ~ solitus 0 Inversus 0 Ambiguous ATRIAL SEPTUM D Intact D PFO ~ Defect PULMONARY VENOUS CONNECTION ~ N~ D Abnonnai D Unc8l18ln 0.8 A Mean Systolic Mean m1sec Systolic m1sec TRICUSPID REGURG o No ~ TIlIeo OVO$ PULMONARY REGUR o No ~ TIlIco D Vo. COMMENTS This is a two-dimensional sector scan w~h color and spectral Doppler study. Intracardiac anatomical relationships are normal. Left ventricular size and contractility are normal. The right ventricle is not dilated. There is a small secundum atrial septal defect best visualized in the short axis projection. There is left to right shunting across this defect documented w~h color Doppler sampling. . No other structural abnormalities are seen. MITRAL REGURG ~ No D TIlICO DYes ~~. A. /iv7 Jh6j~' Donald R. Fischer. M.D./jd Dl~lliJ I Form Printed on Thursday, February 01, 2001 at 11:58 A."I . ,,' , - -, ~ ' II!fl, " "-1., _.,."~;,, _'m,-~",._ ':"- ~-,-~'; '."!"~" ,. ~"C;__ "'-'5V~'" -,", ~"-,-,. __~, ,_'" - ',.. p- , . -,. ,""""__'~_>"f'-'1" c,'t; _,' r" ,"," p,-_" ~, 1- -1- , ' , J I *. t) I .' ByelWs lOr CbiIdren PEDIATRIC OPHTHALMOLOGY AND STRABISMUS, INe. SURGICAL ASSOCIATES A MemJnr Of F_ily Ey. Car< Of Wi:1t<,.,. Pmmyh1l"'u,. Albert W. Biglan, M.D. . John S. Davis, M.D. . Jane Hughes, M.D. North~: Two landmark North. Suite 232 20397 Route 19 North Cranberry Township. PA 16066 (724) 772-3388 . FAX: (24) 772-3811 South Offk:e: Meadows Professional CE!nter 1385 Washington Road (RI. 1 g) Washington, PA 15301 (724) 772-3388 . FAX: (724) 229-8692 Business Office (direct all correspondence to) . lINo landmark North Suite 300 20397 Route 1 g North Cranberry Township, PA 16066 Phone (724) 772.3388 FAX: (724) 772.7020 Administration/Surgical FAX: (724) 772-7021 Referrals Email: eyemd@pedstrab.com East OffICe: Old William Penn Professional 8Idg.. Suite 2 4750 Old William Penn Highway Murrysville. PA 15668 (724) 772-3388 . FAX: (724) 325-7005 Oakland Office: 3518 Fifth Avenue PittSburgh. PA 15213.3387 (724) 772-3388' Fax (412) 622-0489 April 9, 2001 Venkata R. Dharbhamulla, MD Pediatric Care Specialists 236 JameswayRoad Ebensburg, PA 15931 RE: Angela White Dear Dr. Dharbhamulla: Angela White is 6 months old. She has a history of possible chromosomal defect. The fovea was poorly developed and eye contact was poor last visit. Examination today shows good central mai'1taincd fixation for a six month old child. There is a positi\';} response to optokinetics. The pupils are brisk and equal. The visual behavior is absolutely what I would consider normal. I am very encouraged by these findings. I am going to suggest a repeat evaluation in one year. Sincerely, /"/' ~r ...~'--- Albert W. Biglan, MD /pak cc: Mrs. Leone White RD #3, Box 30 New Florence, PA 15944 ". .C'",_"., . I () \ ... " " ,) ) , .' I Pediatric Care Specialists 110 Main Street Johnstown, PA 15901 4/27/2001 To Whom It Mav Concern: Re: Angela White. DOB: 10-5-2000 Angela White has been under my care since 10-12-2000. She was born at Harrisburgh, P A and has been taken care of by her grandmother, Mrs. Leone White. She came to me with multiple problems secondary to a rare Chromosomal anamoly. She has a partial deletion of Chromosome 6 and an extra piece ofChromosorne 15. Due to the multiple problems Angela has, she was referred to multiple specialists, rnainly at Childrens Hospital of Pittsburgh. I have found the grandmother very caring and diligent in the care of Angela. It needs a lot of effort, perseverance and hard work to take care of a child born with such a rare condition. She had to attend to her needs, personal and rnedical. She always has kept her appointments with me, and to my knowledge, with other doctors too. I have always seen her very optimistic about Angela, very caring and loving. I feel Angela has made a lot of progress in her care. Her developrnent has been encouraging and she has kept good health. I hope Angela is given a good care in future, so she makes excellent progress as she grows. I wi!! he tin glad to provide any further information on her. ~~ (Venkata Dharbhamulla MD) F!~'._T~ -. "'. ,. , .? ~1,,,~ ' ,. """"~'..~.,,-m,"f._ . ,er;'" ",".:<r-., - .,. '~""" ~"I"~,', 1'--' " ~._~ ,"..-,. _,'I. .1-'9.__. . J"~'-""" , - " -'." ~ 05-24-01 10:47 Ne\J Flor.ncGr Cammunit.y Library' 10.-724 235 2248 -., .' d".' , ""t'( "r *. I MICHAEL ALAN W~II'II~,~. and DESIREE NICOLE Yt Iii i,1 ':' Plaintiffs ~ll;~ . V. RlCftARD WHITE. SR., and LEONE WRITE, Def.ndlnt. l ,) ~ P.1I3 . '. I . I . .,. t , f: t : IN TIlE COuRT or COMMON PLEAS OF : CUMBlRLAND COUNTY,PENNSYLVANIA . . : CIVIL ACTION ~ LAW . . : NO. 2001-2182 CIVIL TERM . . : IN CUSTODY n..n.... nil' I"nllVT ~ J ' AND NOW. this li day of consideratioll of the attached Custody Conciliatio . Collows: 2001.upoD epori. it ii ordered and directed as . I , .' . 1. The parents. Michael Alan White and Desiree Nicole White, shall havo joint legalllDd physical custody of the child, Heaven Leigh White, bom October S. 2000. 2. The gtandparents. Richard White. Sr.lUtdLeone White. shall have no risJ1t to legal or physical custody of the child. . ~ 3. The grandparents sIia11 immedia~Jy'tiaDS.f'er physical custody oCthe child to the parents. ii c:c: Mark C. Duffie. Elquire RicharO White. Sr. Leone White RD 3 Box 30 New Florence. PA 15944 ':''fAB -~.. ",," " h ~''"_'~'__'_;'ry," ',~ ;,;'".'>'."1'" or, ,"_, "~__;:,.._,r_ . =~ '-,--, .,''-_.-,--__-_'k_~'_ ~_, ---!_ J_--'_,~ _~, c " ' I...' __" J. ..:;......:::: '. .:.......~~.. .', ,- ~, .--- , , 05-24-01 10;45 Ne~ Floren.ce Communit..y Lihra.ry' 10..'724 235 2249 .. ' . l ." a ~ .. D~' ~~\ ~=N~~~ ~.. Plaintifl'a '11\" ' v. , . . ' . .. ... ~ I IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUN1Y ,PENNSYLVANIA . . I CML AcrION. LAW RlCHAlU) WHITE, sa. IDt. LEONE WHITE. Defendants . . : NO. 2001..1182 CML TERM I : IN CUSTODY PlUOR JUDGE: NOD' C11JTOm'CONCILlATION $J.lM\YJARY W2J\'J: IN ACCORDANCE WITH CUMBERLAND COUNTY RULE.OF CIVIL PROCEDURE 191 S.3-8. the undersigned Custody Conciliator submits the following report: 1. The pertinent Information concernirig the Child who is the subject oftbia litiption III IS Collows: NAME DATE OF BIRTHCURRENTL Y IN CUSTODY OF Octobel' S, 2000 Orandpazents Heaven Leigh White .,' I. 2. A Conciliation Conference was held In this matter on May 16, 200l. PlaintitTs, Father and Mother, Michael AlanWhite 8ndI>esiree Nicole White, were present with counsel, MlII'k C. Duffie. Esquire. Defendant Orandpatents, Richard White, Sr. and Leone White, were not present although they received Dotice of the hearing. 3. At the request of the parents, the grandparents took custody of the baby on October 7, 2000, when she was two days old, but he;ve refused to return the baby to the parents upon their request. The grandparents are presently living in Westmoreland County, 4. Parenls requested the following Order be entered. ~'~I-O ( Date (1 - -. .. v.. f 1h. V~ ''"d ~ine M. Verney, Esquire CUitodyConciliator I., . '~^'" . .-'.';; _ "'h~"i ,,~- ----'.~- --...-----.:"',',.,--"..~,.---,"-___.__, --'-"'_,,,,,_I"__"_C"~^1^ -,,'''''''-, .'-'~" __'~___',~I_"__ "'" . P.1l2 , I I , ~ > ~ I t i I I l l " . ,;.i;.,.:: " , I~Y 22 20(J1f!J MICHAEL ALAN WHITE, and DESIREE NICOLE WHITE, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA : CIVIL ACTION - LAW RICHARD WHITE, SR., and LEONE WHITE, Defendants : NO. 2001-2182 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this l.ZeJ day of""~ ' 2001, upon consideration of the attached Custody Conciliation eport, It is ordered and directed as follows: 1. The parents, Michael Alan White and Desiree Nicole White, shall have joint legal and physical custody of the child, Heaven Leigh White, born October 5, 2000. 2. The grandparents, Richard White, Sr. and Leone White, shall have no right to legal or physical custody of the child. 3. The grandparents shall immediately transfer physical custody of the child to the parents. BY THE COURT, /14 cc: Mark C. Duffie, Esquire Richard White, Sr. Leone White RD 3 Box 30 New Florence, PA 15944 ,,.,~,l _~,~'''''''' _,J ,'_ 'I ~ ~, , ~~ , "~, . MICHAEL ALAN WHITE, and DESIREE NICOLE WHITE, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTION - LAW RICHARD WHITE, SR. and LEONE WHITE, Defendants NO. 2001-2182 CIVIL TERM IN CUSTODY PRIOR JUDGE: None 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 Heaven Leigh White October 5, 2000 Grandparents 2. A Conciliation Conference was held in this matter on May 16, 2001. Plaintiffs, Father and Mother, Michael Alan White and Desiree Nicole White, were present with counsel, Mark C. Duffie, Esquire. Defendant Grandparents, Richard White, Sr. and Leone White, were not present although they received notice ofthe hearing. 3. At the request of the parents, the grandparents took custody of the baby on October 7, 2000, when she was two days old, but have refused to return the baby to the parents upon their request. The grandparents are presently living in Westrnoreland County. 4. Parents requested the following Order be entered. S' ::<1-0 I Date ~!h.v{ . cq line M. Verney, Esqu~ Custody Conciliator .'c~.._ ~ I , ! '0 ~C,_ .., -,~-= ~ . MI~HAEL ALAN WHITE and DESIREE NICOLE WHITE, Plaintiffs/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 01-2182 CIVIL RICHARD WHITE, SR. and LEONE WHITE, Defendants/Petitioners IN CUSTODY IN RE: DEFENDANTS' PETITION FOR SPECIAL RELIEF , ORDER AND NOW, this Y day of June, 2001, in consideration of the within motion and following telephone conference with counsel, our order of May 22,2001, is suspended pending further order. This order is entered with the understanding that the defendants shall permit supervised visitation between the child and the plaintiffs between now and the time of the conciliation conference. BY THE COURT, Mark C. Duffie, Esquire For the Plaintiffs/Respondents ~J Harold S. Irwin, III, Esquire For the Defendants/Petitioners p} j\~\%~ ~ V\ :rlm ~" - " "~~"'"'7'i,." ;~r-1_,r,,>, ,->"",~-,; - 0__'_ ","', ,;,. "_~"_ \, '."_1..' S,- , ". - ',- ~ . .' ~ : - - ~ , 2(JD,tf MICHAEL ALAN WHITE, and DESIREE NICOLE WHITE, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA CIVIL ACTION - LAW RICHARD WHITE; SR., and LEONE wHITE, Defendants : NO. 2001-2182 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this (;;-t/; day of ~A...t/V . ,2001, upon consideration of the attached Custody Concilia ion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~, ofthe Cumberland County Court House, on the ;l ~ day of )1A-w/Yll-WN, 2001, at CJ: 3 () o'clock, L. M., at which time testimony will be taken. For purposes of this Hearing, the Father and Mother 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. 2. The prior Orders of Court dated May 22,2001 and June 8, 2001 are hereby vacated. 3. Pending further Order of Court or agreement of the parties, the following shall be in effect: 4. The parents, Michael Alan White and Desiree Nicole White, and the grandparents, Richard White, Sr. and Leone White, shall have joint legal custody of the child, Heaven Leigh White, born October 5, 2000. The parents and the grandparents shall have an equal right to be exercised jointly with each other to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion, except that the parents do not have the right to deviate from the present course of medical treatment or developmental therapy without the express written recommendations of the child's present medical team. The grandparents are encouraged to explain the child's medical history to the parents and provide the parents with all medical and developmental reports in their possession. The parents are encouraged to contact the child's doctors and ",..''''''~~ , ~.,. _~, -. r' .". 0 ,., "",,,,'1 ~ I - ,- ~ I . .~ ~. therapists to garner a better understanding of the child's condition and level of care needed. 5. The grandparents shall have primary physical custody of the child. 6. The parents shall have supervised visitation of the child as follows: a. Every weekend provided they give the grandparents 24 hour notice of their desire to exercise their right to visitation. Visitation may occur for up to four hours daily on Saturdays and Sundays depending on the availability of the parents. One of the grandparents shall be the supervisor and visitation shall occur in the grandparents' home. b. At such other times as the parties agree. BY THE COURT, cc: Mark C. Duffie, Esquire, for the parents Harold S. Irwin, Esquire, for the grandparents - ~~ 9_(){,_ol Q... ,,,'\j;,1" ,<,-", Ir- . , ." ~ -~ ~"I' -<--=' , AUG 2 920D1 MICHAEL ALAN WHITE, and DESIREE NICOLE WHITE, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTION . LAW RICHARD WHITE, SR. and LEONE WHITE, Defendants : NO. 2001-2182 CIVIL TERM : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. 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 Heaven Leigh White October 5, 2000 Grandparents 2. A Conciliation Conference was held in this matter on August 29, 2001. Plaintiffs, Father and Mother, Michael Alan White and Desiree Nicole White, were present with counsel, Mark C. Duffie, Esquire. Defendant Grandparents, Richard White, Sr. and Leone White, were present with counsel, Harold S. Irwin, III, Esquire. 3. At the request of the parents, the grandparents took custody ofthe baby on October 7, 2000, when she was two days old, but have refused to return the baby to the parents upon their request. The grandparents are presently living in Westmoreland County. 4. The parents' position on custody is as follows; They seek legal and physical custody ofthe child. They indicate that they turned custody over to the grandparents when the child was two days old because they did not have medical insurance at the time. The parents are now more secure financially and have medical insurance for the child. The grandparents have not kept the parents apprised of the child's medical condition. 5. The grandparents' position on custody is as follows: They seek legal and physical custody of the child. They indicate that the child has serious medical problems for which they have obtained medical treatment and developmental therapy. The parents d~e " '_' r_-"~, L dl"' ? ~ ~'~"""" have only had one supervised visit with the child and have not bonded with the child. They are unfamiliar with the child's medical condition and her physical needs. The parents have not shown an interest in the needs of the child. To transfer custody to the parents would place the child in danger at this time. 6. The Conciliator recommends an Order in the form as attached scheduling a hearing and continuing supervised physical custody by the parents pending a hearing. It is expected that a hearing will require one day. t /' ;;;"'1-0 ( Date %.?( cq line M. Verney, Esquire Custody Conciliator ,'''''7!: ~~__ - ~~. ~ ~" -~- #. HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF MICHAEL ALAN WHITE and DESIREE NICOLE WHITE, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW . . RICHARD WHITE, SR. and LEONE WHITE, : NO. 2001 .2182 CIVIL TERM Defendants : IN CUSTODY ORDER OF COURT NOW, this t, f~ day of August, 2001, on petition of Harold S. Irwin, III, Esquire, a rule is hereby issued upon plaintiffs, Michael Alan White and Desiree Nicole White, to show cause why venue in this case should not be changed. Rule returnable 7 days after service upon plaintiffs', attorney of record, Mark C. Duffie, Esquire, by certified mail. By the Court, .~ ~ 1,.1/0 \ ':~, " 'c ." ""'l', P-":-Pi-J!N -~""~"'\"C'_ ._" L -~_\",~,,,-,<-__ ' . --1'< """""."_..,,,_,;<;__,_.,_,_, . - ~, , .,< - I ,,"-.,- - .. < _._,,~-, - <,~,---, ,- - . HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MICHAEL ALAN WHITE and DESIREE NICOLE WHITE, Plaintiffs = IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA v. = CIVIL ACTION. LAW RICHARD WHITE, SR. and LEONE WHITIE, = NO. 2001 .2182 CIVIL TERM . . Defendants = IN CUSTODY PETITION FOR CHANGE OF VENUE NOW come the petitioners, Richard White, Sr. and Leone White, by their attorney, Harold S. Irwin, III, Esquire, and file the this petition for change of venue, representing as follows: 1. The petitioners are Richard White, Sr. and Leone White, adult individuals residing at R.D. No.3, Box 30, New Florence, Westmoreland County, Pennsylvania. Petitioners are co-defendants in an action for custody filed at this term and number and are the paternal grandparents of the child. 2. The respondents, Michael Alan White and Desiree Nicole White, parents of the child and adult individuals whose residence at the time of their petition for custody was 315 market Street, Apartment 2, Lemoyne, Cumberland County, Pennsylvania; however, it is believed and therefor averred that by the time of the custody conciliation conference held on May 16, 2001, respondents had moved their residence to New Cumberland, Cumberland County, Pennsylvania. Furthermore, respondents were represented by counsel, Mark C. Duffie, Esquire, at the time of the conciliation conference, who remains respondents' attorney of record. .'y" __.,,,,.,.,-.. _~~~~",.~,,,_- ^_"'-' ,,-,"-,?" .<1."'"_'. .,,"", ~_____ "~ j."'-'" - ',-- ~ -. _"..0' '- , " ~ 3. The child which is the subject of this action is in the custody of the petitioners (defendants in this custody action) and has resided with the petitioners in Westmoreland County since the time of her birth on October 5, 2000. 4. Neither the child nor the petitioners have ever been a resident of Cumberland County. 5. On or about October 7, 2000, two days after the birth of the child and in Westmoreland County, Pennsylvania, respondents relinquished to the petitioners their parental rights to the child by written agreement (a copy of which is incorporated herein by reference and attached hereto as Exhibit "A") and on that date petitioners took the child home to live with them in at their residence in New Florence, Westmoreland County, Pennsylvania. 6. Respondents filed their petition for custody in Cumberlan~ County, Pennsylvania, despite the fact that neither petitioners nor the child are residents of Cumberland County, Pennsylvania, but are residents of Westmoreland County, Pennsylvania. 7. The Court has scheduled a conciliation conference for August 22, 2001, before Jacqueline Verney, Esquire, custody conciliator. 8. The conciliator has advised petitioners' counsel that upon her initial appointment in this case, she contacted the Court Administrator regarding jurisdiction and venue in this case, recognizing that the action should properly have been filed in Westmoreland County; however, she was instructed to continue with the conciliation unless objections to venue were filed by one of the parties. 9. Neither the respondents to the original custody petition (petitioners herein) nor the child are residents of Cumberland County, Pennsylvania, but are residents of Westmoreland County, Pennsylvania. .',1 "_". _. _ ',_" '-c>;'!'Ppl!'-,'!-:-.~_~:"" ," ',_ -.c. r _ ''7 'o!' o,_,-~_;, ~,"",c-~_"",, ">~,< ,.r, "'c' ~,,' ,,, ",,_~, :"1:, ' ~'_~~_-"_ ' "'__'"__~ ~, ,r. 'c - 10. Neither the petitioners herein nor the child have any significant contacts with Cumberland County, Pennsylvania which in any way could give rise to jurisdiction in this county. 11. Jurisdiction and venue in this case are properly in Westmoreland County, Pennsylvania, where the petitioners herein and the child reside. WHEREFORE, petitioners respectfully request that the Court issue a rule upon respondents herein to show cause why this matter should not be transf~rred to Westmoreland County, Pennsylvania. 113~/ol IIy submitted, 35 East High Street Carlisle, PA 17013 717 -243-6090 Supreme Court 10 No. 29920 -~" ~ , --,+. '1-~,':! "F!'!.v" ro_ _ _'? --:O-",-~ . ~_" _-e.",. '"", '., . ._, ." ,. ,'_, -'^ . , , . - ~ ._~~_~'- c. , , \ VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4404, relating to unsworn falsification to authorities. July 4. 2001 ,~ f"~6P RICHARD WHITE, SR. rLp.Jn\i . .. ill J.;f; [EONEWMITE, . . . ,,0' .' .' ',' good OOZ6+E:17Z+LIL a~~~~o M~I U~M~I ~E:Z:II IO-LZ-Ln~ """'11 " :~, ."'" ~ _' 11"iiliJl!~r~ ~ ,., ~ ~ r- "'~ .~ ~~_. .~,"~",F:- "~r~-~- .--~ - - Q MICHAEL ALAN WHITE and DESIREE NICHOLE WHITE, Husband and Wife, Plaintiffs v. RICHARD WHITE, SR. and LEONE WHITE, Husband and Wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . NO. 01-2182 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of August, 2001, upon consideration of Defendants' Petition for Change of Venue, filed July 30, 2001, and of Plaintiffs' Answer to Petition for Change of Venue and Rule To Show Cause, filed August 14, 2001, the petition for change of venue is denied. Mark C. Duffie, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Plaintiffs Harold S. Irwin, III, Esq. 35 East High Street C!lJlisle, P A 17013 Attorney for Defendants :rc ,-;- ,. ,"-'" ". - ,.- ,. - ,. , ~ BY THE COURT, o 0 ~~ rrlr;->. Z:::G 2;:;::. ~~" CC) ~o --0 )>. c:. z ~ .~ ~ .f-I1-o/ r., , ,~, ._~, ~ ". - ,.- G"> \"., .-T'\ v' ~~ ,; --.. -, "~(. () ~~~:~ .:_:~ r\l ';:::\ "E -< -u ::i: 'ti .-1 11/27/2eel 15:20 81 "-535 7J. 86 PC5 PAGE 62 '- ~ - ....... VD 1/99 Curriculum Vitae ',-,-", Full Name: Venkata DharbhamuUa, MD Address: Pbysic:ian P~Mjl..-+r;<- c.~ Sf"E-""'~'" 110 MaID Street, . JObstoWD, P A 15901 Position Title; Telephone Number: 814-S36-8961\ Edueadon: ...../. ""!!J.IU!@'-r'.;;r: '*ll!if~::C~~G1?'r:-"-"~~: -':..~"i~-'i'0f::;~--;- , .....,.. q, A" ..j- <f' ., ,,\' (i" .. .,..i,'~1R"'''''' -. 5>t '~'(... .. ;;.. ;- . .. . ",{~ ~ .'-i""..;;!IiiI '. :..~.. ~ (D.iL.'" . '"~'" .. ......,,~.""..:'$,.._. It:....:....:..''-- "" ..~-~~,""'-"-"'"-~~ Maulana Azad Medical MBBS-. ". 1983 MediclDeJ8uqery College New DeJbi, India . Safd.rjDI Hospital MD 1987 Medicine New DelhI, India SaldarJug Hospital 1985-1987 ResideneylPediatrlc:s New Delhi, IncUa Safdarjang Hospital 1987-1988 Senior ResideDt New Delhi, India Pediatrics ~~S~~~ph~a~~~~.. ~~~~on~ti'SJ!!tu' ~ri~. ~nc~':I;;;''''''::'''''':'' .__ 1lI--'.'~ ,-,' "'n ....~,._ -f- . '..-' ,..:.....;. ..v...~','f') ,....~. h uO mp...- . ""OCII",oa ". .,~_J(")(. aWi> ' .... ." .... ....."."..,:....,..jf,_....~ "i;;.~"""-~"'..1.':' ."-.....~.~......!i!~~..,-. "..,..t,.::"~, - .:. . .::_' ~ _~;._:~.::.;~~.::.;;:;..;:..;~~~".;~:~} ;~~:lJ~~~;~~~i~~:;,(.~~:~~~~~~~T:;t~4;"':~:: . '~~'E"Dlo ill t '.' SubiDvestilator Jo!lnstoWD Pediatric:s 1997 r . PPR 110 Mala Street \"'\~ JohnstowD, PA 15901 JohDstown Pediatrics 110 MaiD Street JobnstowD, PA 15901 Physician 1997 II:. __ _At tl"":') 5J.~Cu<>;, Physldan Private Practice Moaroe, MI 1996-1\197 '...../ P"''-'S'' (., (1.......... ?e J. ,a:.-\-r-, <.. Co...--(. ~ \ ..L.tr~ \\0 fV\o..i.....(\ 5~T- , '}o"v..Nv-5t>:;:""", ,.p...... \ os '" 0, \"Q . \ - ;;I.\.';Q c.> -<u V'''''"~~ DEFENDANT'S EXHIBIT ,~. , ,',,", " '"' . ,-. .~".'-.',. .,~'" ___,__~ "~'~\<'_'<'."='V"'_" . ,- '---1' -.,. , 1,.t&.cn. I liLT 11/27/2881 15:28 . '-.-J , ' '-" 81d5357188 pes PAGE 63 -: -- Cwriculum vilae Veakata R. DIwbb3mulla Page Two PLU & PLID Resideut North Sbore UDjvenfty Hospital 1994-1996 MaDbasset, NY , RegJstl'llr, Ped'atJ'1eJ CODquest Hospital 2/1994-611994 HastlDgs aud Rodier NHS Tnut St. Leonardi, UK Seuior Houle Officer Conquest Hospital 4/1993-1/1994 Pediatrics HastIDgs aud Rother NHS Trult St. Leonardi, UK Seuior Houle omcer Royal Liverpool Cbildreu'l 1993 Pediatric Cardiology Hospital _ ..'- ,- Alder Hey, UK AUeadiug Pediatriciu Gurdayal Hospital 1989.1991 New Delbi Iudia Aneudiag Pedlatriclau Hindustau Copper Ltd. 1/1989-10/1989 GbatsbUa, ladia MEDICAL LICENSE: MD-058564-L MEMBERSWPS: Americu Academy of Pediatrics Iudlu Academy ofPecliatrlcs RESEARCH, PUBLICATIONS & PRESENTATIONS: 1. Thesis on "Thyroid stlJlUS ill varIous degrees of Protein Energy Mtdllutrltloll" Submined to the Uaiversity of Deihl, 5/1986 2. Presellted three papen in the NatioDal CODfereDce onudiaD Academy of Pediatrics, 1981, on thyroid status in Malautrltlon. 3. Co-author of paper presented In the Natloaal Conference ofladiaD Academy of Pediatrics, 1988 entitled "Colonltation of Neonatfll conjunctiva wltll C tracllomatis. " 4. Article eatitled "Salmonella senfterberg outbreak in . IIeon.tfll unu", published in JDdiaa Pediatrics, Feb. '90,27(2), pI57-60. 5. MadRlII syndrom in a neoDate, case report published ill Indiu Pediatrics, Nov '-/ '86,13(11), p956-9. 6. Euterogea'c cyst ID the mediastiaum, cue report published ID ludiau PedJatriCll. Oct. '90,17(10), pll09-11. ,- '- ___ '''','~,,,,''', '._ 'n~. _ ~,_."" <_ "__' "~ _. _" _ = __ .-.- .,' 1 '., \ '" , ... ~ III Pediatric Care Specialists 110 Main Street Johnstown, PA 15901 4/27/2001 To Whom It Mav Concern: Re: Angela White. DOB: 10-5-2000 Angela White has been under my care since 10-12-2000. She was born at Harrisburgh, PA and has been taken care of by her grandmother, Mrs. Leone White. She carne to me with multiple problems secondary to a rare Chromosomal anamoly. She has a partial deletion of Chromosorne 6 and an extra piece of Chromosome 15. Due to the multiple problems Angela has, she was referred to multiple specialists, mainly at Childrens Hospital of Pittsburgh. I have found the grandmother very caring and diligent in the care of Angela. It needs a lot of effort, perseverance and hard work to take care of a child born with such a rare condition. She had to attend to her needs, personal and rnedical. She always has kept her appointments with me, and to my knowledge, with other doctors too. I have always seen her very optimistic about Angela, very caring and loving. I feel Angela has made a lot of progress in her care. Her development has been encouraging and she has kept good health. I hope Angela is given a good care in future, so she makes excellent progress as she grows. I wi!! hp. t'f'" e1ad tf' pmv;de any further information on her. .n .~-J\ C~~/ (Venkata Dharbhamulla MD) DEfENDANT'S EXHIBIT ". 2.&'O'z..... \..ll-T" ,'. _ " , "",,~.'" '.", .d,_,.~_ _ _ ,. ~,,' _ "0' ~, . ,~~ , -. , ' ,~.~ ~~. ..~ From:GENETICS BIOGRAPHICAL: Name: Business Address: BIISifIMS Phone: BlISmess FAX: BIIS11UISS email: Home Addnss: Home Pho",,: Birlhdate: Birthplace: Citizenship: Social Secwlty #: Personal Data: 412 641 1032 11/22/2001 10:33 #600 P.OO2 CURRICULUM VITAE 2001 ELIZABETH (ELSPETH) WRIGHT MCPHERSON, MD. CUnlcal GeneticistIDysmorphologlst Elizabeth (Elspeth) Wright McPherson, MD Depanmenl of Geneties, Mageo-Womens Hospital, 300 HaIkel Sf, Pittsburgh, PA, 15213 (412) 641-4168 or 641-1010 (412)641-1032 emcpherson@mail.magee.edu 1462 Brenon Way, Piuaburgh, PA, 15237. (412) 366-6921. (412)366-6921 February 27, 1950 Battle Creek, MI USA 334-40.7549 Married to Owen R. Christianson, PM. Children: Caitlin 9/24/81, Knut9/S/83, Olav 917/85 EDUCA nON AND TRAINING: Undergraduale: Graduate: Post Graduate: Academic Honors: Pomona College, Claremont, CA, B.A. (summa cum laude) 1971, Zoology Univ. of Washington, Seanle, MD. 1975, Medicine Vniv. of Wisconsin, Madison, M.S. 1977, Genetics Intern and Resident, Pediatrics 1975.77, Univ. of Wisconsin, Madison (Dr. William Segar) Fellow in Clinical Genetics 1977-79U.W. Madi!on ( Dr. JOM Opitz), Phi Bera Kappa, fllSl in class at Pomona College 1971, Alpha Omega Alpha 1975 Academic: APPOINTMENTS AND EXPERIENCE: 2000.. Visiting Associate Professor Pediatrics University of Pittsburgh School of Medicine Associate Professor of Human Genetics (designated as visiting 1993.5) University of PillS burgh, Graduate School of Public Health Joint Assistant Professor of Pediatrics University ofPiuaburgh, School of Medicine Adjunct Associate Professor of Human Genetics University of Pittsburgh. Graduate Scbool of Public Health Clinical Assistant Professor ofPedialries University ofPiuaburgh, School of Medicine Clinical Associate Professor ofPedia1l'ics GeorgetOWD University, School of Medicine Clinical Assisl8llt Prof.ssor .fPediatrics Johns Hopkins Univenity, School of Medicine Assistant Professor ofPediatries Srare University of New York, School of Medicine Assistant Professor ofPedialrics University of Wisconsin, School ofM.dicin. , .. 'A'"' . -~""' ,." . ~-~"--~-~~-='- -= ,~ 1993-- 1990--1993 1987--1990 1986..1987 1981..1986 1979--1981 DEfENDANT'S EXlHlil.:ul \1-2..-0\ :r lJ('T " -~<,. " ~ F rom: GENETI CS 412 641 1032 11/22/2001 10:34 #600 P.OO3 1985--1986 1981-1986 1979--1981 UPP Physician Pediatric GeneticistlDysmorphologisl, Mage~. WomOllS Hospil8l Director, Pedialric Genetics, Dept of Medical Genetic:s, West Penn Hospital Pediatrician and Gellelic CoIll1liIallt, Capilli 'Area PemllIleme Medical Group CJ.injcal Ge.DeticiatlDysmorphologisl (pert-time), Jow Hopkins University Hospil8l Acting Director, Division oCHU1IlAIl GenetiC$, Children's HOSPital ofBuffa1o CJ.injcal Geneticist, Division of Human GenetiC$, Children's Hospital ofBuffa1o Clinical Geneticist, Clinical Geneties Center, Universily of Wisconsin Hea1tb Science Center Non-Academic: 2000-- 1993.- 1990--1993 1987--1990 1986--1987 CERTIFICATION AND LICENSURE American Board oCPedialries, 1125577,1981 American Board of Medical Genetics (Clinical Geneticist), # 1328, 1982 Pennsylvania Medical License # MD-041506-L, exp 12/31/(f}. Virginia Medical LIc:CIlSe #41316, exp 2/29/92 Maryland Medical License #D33399,exp 9130191 District of Columbia Medical License # 17539, exp 12/31/90 New York Medical License #148843, exp 12131/85 WiscollBin Medical LicCllSe 1120364, exp 11101/91 PROFESSIONAL MEMBERSHIPS American Academy ofPedialrics (NewslOlter Editor, Section on Genetics and Birth DefectS) American Society of Human Genetic,S American College of Medic.1 Genetics, Founding Fellow American Medical Association PUBLICA TTONS: Refereed articles: 1. Mcl'berson E, Robemon C, Cammarano A, Hail JO. Dominantly inherited ptosis, strabismus, and ectopic pupils. Clio Genet 10:21-26, 1976 2. McPherson E, Hail JO, Hickman R. Chromosome 7 short arm deletion and craniosynostosis. Hum Genet 35: 117- 123, 1976 3. Chesney RW, McPherson E, Hall D, Segar WE. Severe mixed metabolic and respiratory alkalosis in Roye syndrome. J pediatr 89:328-329, 1978 4. McPherson EW. Taylor CA. Malignant Hyperthennia: Genetic Heterogeneity, ppI42-144. IN: Thennoregulatory Mechanisms and Their Theraputic Implications, Ed!: P Lomax, S Milton, and E Scbonbaumm, Karger (Basel) 1980 5. McPherson E, Taylor CA. The King Syndrome: Malignant hyperthennia, myopathy, and multiple anomalies. Am J Med Genet 8:159-165,1981 6. Schwartz SW, Visesk:uJ C, Laxova R, McPherson E, Gilbert E. Idiopathic hydrops Col8lls: Report of 4 cases including 2 affected sibs. Am I Med Genet 8:59-66, 1981 7. Antley RM. Huang DS, Theopa1d W, Oartin R, Steeper T, Pitt D, Dmks D, McPherson EW, Banels H, Wiedemann R, Opitz 1M. Further delineation oCtile C (aigonocephaly) syndrome. Am J Med Genet 9:147-163, 1981 "'-" "~"" --%1C ,-")-, . '. ,- c',',~,,,-~t'.- . "'",,-. " ,~ ~, ~, I' r From:GENETICS 412 641 1032 11/22/2001 10:34 1160O P .004 8. MePher.on E, Mei...... L. Ilq-: Review and report of two cases. Binh Defects Original Article Series 18(3B):295-300, 1982 9. McPherson E, Taylor CA. The genetics of malignant hyperthermia: Evidence for genetic heterogeneity. Am J Med Genet 11:272-285, 1982 10. Pauli RM, Jung JM, McPherson EW. OoldeDhaar associa!iOll and OllIIlial defects. Am J Med Genet 15: 177- 179, 1983 II. Nuir M, Dillon W, MePherson E. Myotonic dystrophy in pregnancy. 1 Reprod Med 29:168-172,1984 12. McPherson IE, Carey J, Hall lG, Schimke N, Paule R, Kramer A. Dominantly inherited renal adysplll8ia. Am J Med Genet 26:863-872, 1987 13. Quattrin T, MePhenon E, PuUlam T. VerricallrllllsmissiOll of me NeurofibromalOsisINoonan syndrome. Am J Med Genet 26:645-650, 1987 14. Stetka D, MePbenon E, Kuhn 1, Anderson P, Emrieh L, Peidmonte M. Monosomy 17 mosaicism in l\IlIl\iotic fluid ceUs. (letter) Am J Med Genet 27:483-486, 1987 15. Quatlrin T, MePherson E, MaeGillivray M, Atshani B. Case report 140: Macrosomia, unusual facies, and early developmental delay. Dysmorphology and Clin GeJ1el2:16.20, 1988 16. McPherson E, JOIIe. SM, Gallien J, Bannennan RM. Dominant transmission of imperforate lIIlUS cleft lip and iris coloboma. Dysmorphology and Clin Genet 3(3):79-83, 1989 17. McPherson E, Stetlca D. Trisomy 22 in a liveborn infant with multiple congenital anomalies. Am 1 Med Genet 36: 11-14, 1990 18. McPher.on E, Jones SM. Cleft lip and paIaleinAie8rdi syndrome. Am J MedGenet 37:318-319,1990 20. Ru..ell M, Czarnecki DM, Cowan R, McPherson E, Mudar P. Measures of Maternal alcohol use as predictors of development in e.rly childhood. Alcoholism: Clin and exp res 15:991-1000, 1991 21. Un AE, McPherson E, Nwokoro NA, Clemens M, Losken HW, Mulvihill JJ. Further Delineation of the Baller Gerold Syndrome. Am J Med Gener, 45:519-524,1993 22. McPherson EW, Ketterer DM, Salsburey 01, Pallisrer--Killian and Fryns Syndromes: No.ology, Am] Med Gener, 47:241-245,1993. 23. Estop AM, LeChien K, Sherer C, McPherson E, Clemens M, Cieply K, Genotype--phenotype correlations in patients with marker chromosomes and uncharacterized ehromosome rearrangements, Cytogen Cen Genet 63:254, 1993 24. MePherson EW, Clemens MM, Gibbons RJ, Higgs DR, X.linked alpha thalassemia/mental retardation (ATR.-X) syndrome: A new kindred with severe genital and mild hematologic expression, Am J Med OeneI,55:302.306,1995. 25. EStop AM, Mowrey-Rushton PA, Cieply KM, Kochmar SJ, Sherer CR, Clemens M. SUrti U, McPherson E, ldentifjeation of an unbalanced CIyptic translocation 1(9; 17)(q34.3 ;p13 .3) in a child with dysmorphic features. J Mod Genet 32:819-822, 1995. - . "~. '__:_~fo"~:"__'<?",9.,~_<'__'''~<_:_''''',,_, ,. ". - '"c"" ,''''_~H',.",,, _,~_~~:.. - ,-' __~ _. _._ _ ,_ _.,.,., .0 , From: CfNETI CS 412 641 1032 11/22/2001 10:34 #600 P.OO5 26. Fang YY, Eyre HJ, Bohlander SK, Estop A, McPherson E, Trag... T, Reiss 0, Mechanisms o!small ring formation Sllll8ested by the molecular chlllllClerizalion of two small acce..ory ring chromosomes derived from chromosome 4, Am J HI1III Genet 57:1137-1142,1995. 27. McPherson E, Clemens M, Cleft Lip and Palate, Characteristic Faeial AppearaDee, Mairotalion of me Intestine, and Lethal Congenital Heart Disease in Two Sibs: A New Autosomal Recessive Condilicin?, Am 1 Med Gene!, 62:58.60, 1996 28. Clemens M, MarlSO!f IT, Rogers JG, MowCIy-Rushton P, sum U, McPIlerson E, Pitt-Regen-Danks Syndrome: The Result of a 4p Microdeletion, Am J Mod Genet 66:95-101, 1996 29. Lazebnik N, McPherson E, Ritbneyer L, Mulvihill Jl, BriefC1inical Report: The floating Harbor syndrome with cardiac septal defect, Am J Med Genet 66:300-302, 1996. 30. McPberson E, Clemens M, Bruck Syndrome (0918ogenOiis Imperfects with Congenital Joint Con_res) : Review and Report of the First North American C.... Am J Med Genet 70:28-31, 1997. 31. Mowry-Rusbton PA, Stadler M, Kochmar SJ, Mcl'benon E, Swti U, Hogge WA, The use ofintetplwe FISH for prenatal diagnosis of Pallisler-Killian Syndrome, Prenatal Diagnosis 17:255-265, 1997: 32. McPherson E, Laneri G, Clemens MM, Kocbmar 51, Surti U, App8JeJrtly ba\anced 1(1 ;7)(q21.3;q34) in an infant with Coffin-Sirls syndrome, Am 1 Mod Genet 71:430-433, 1997. 33. Christianson C, Huff 0, McPherson E, Limb deformations in oligohydnmnios sequence: effects ofgestalional age and duration of oligohydramnios, Am J Med Genet 86:430-433, 1999. Book chaDler: McPherson E. Genetic Function in Craniofiu:ial Syndromes, pp97-130 IN: Complex Craniofacial Problems, EcIs: CR Dufresne, 81 Carson, and SJ Zinreicb, Churchill Livinplone (New York), 1992 Abstracts and Orhe, Publications: 1. McPherson EW, Taylor CA, Hermllllll JP. Malignant hyperthermia: A senetic appraisal. Scientifie Exhibit, American Society of Anesthesiology, 1978 2. McPIlerson EW, Taylor CA. Inheritanee of malignant hypetthennia: Raview and report often akkitional families and recommended counseling. Am J Hum Genet 31:77A, 1979 (platform pteSClllalion ASHG 1979) 3. McPIlerson EW. Taylor CA. Malignant hyperthem1ia in Wisconsin. Scientific Exhibit, American S<lc:iely of Anesthesiology, 1979 4. McPherson E. Unilateral and bilateral renal agenesis: Implications for senetie counseling. Am 1 Hum Genet 34: lOlA, 1982 (Platform presenration ASHG 1982) 5. McPherson E. Genetics of malignant hyperthermia: Pattems of inheritanee. The Communicator 1(2):2, 1983 6. MePherson E. Oenetics of Malignant hyperthermia: Answers to common questiOl\!. The Communicator 1(3):3, 1983 7. McPherson E, Flores N. Familial and non-familial microcephaly. Am J Hum Genet 36:655, 1984 (poster at ASHO 1984) 8. McPherson E, Jones S, Stetka D. Fragile X: Transmission by clinically normal brothers. Birth Defects and Clinical Geneties Society Meeting 1985 ,- ~ , . -, ."< ;~,-" . ",. .__ ,o.",~ ._h" .. " , . -~"' ., --0 From:GENETICS 412 641 1032 11/22/2001 10:35 #600 P.OO6 9. Jones S, McPherson E. Facial anomalies, short forearms, and inlperforate anus in a father and daughter. Birth Defects and Clinical Genetics Society Meoting 1985 10. McPherson E. The new genetic techniques: Might they apply to MR1 The Communicator ill(3):2.3, 1985 11. McPherson E. Inheritance of unilateral and bilUeral renal agenes~. Poster at Spring Clinical Day, SUNYAB, 1985 12. McPherson E, Russell M, Cowan R, C23meeki 0, Mudu P. Social drinking during pregnancy: Effects on child growth and development at age six. March of Dimes Clinical Genetics Conference 1991 IJ. McPherson E. Imprinting in malignant hyperthermia? March of Dimes Clinical Genetics Conference 1991 IA. Clemens M, McPherson E. Duplication ofproximallOq: Review and case report. March of Dimes Clinical Genetics Conference 1991 I ;.McPherson E, Esrop A, Paulus-Thomas J. Cranio-franta-nasal dysplasia in a girl with del (X) (p22.2). Am J HwnGenet49:Al50, 1991 16. Clemens M, McPherson E, Lin A, Sherer C. Noonan syndrome phenotype with an DpJl"lCntly balanced t(13;21). Am JHum Geoet49: A131, 1991 11. Lin AE, Losken HW, Nwokoro N, McPherson E, Clemen. M, Mulvihill J. Baller-Gerold syndrome: Craniosynostosis--Radial aplasia. American Cleft Palate Craniofacial Association 1991 18. LeChien K, McPherson EW, Estop AM. Trisomy 20p resulting from 3: I segregation of a de novo t(20;21) identified via FISH. Am J Hum Genet 51 :A83, 1992 19. McPherson E, Clemens M, Sherer C, Estop A. Duplication 16q13->qrer dllil to 3: I segregation ora maternal t(14;16XqI1.2..>q13). Am J Hum GenetSI:A293, 1992 20. McPherson IE, Clemens M, Gibbons RJ, A TR-X as a cause of male pseudohermaphroditism. Am J Hum Genet 53: A 475, ] 993 21. Dobyns WB, Randolph LM, Jarjour I, McPherson E, Dorsal interhemispheric sacs are common findings in Alcardi Syndrome. Am J Hum Genet 53: A1541, 1993 22. McPherson E, Clemens M, Osteogenesis Imperfecta and Congenital Joint Contractures (Bruck Syndrome): The first North American Case, Am College of Medical Genetics First Annual Meeting 1994. 23. Clemens M, McPherson E, Marazzo D, Wenger S, Wolff.Hirscbborn Syndrome due to unbalanced t(3p;4p): 9 ClISe! in a Six Generation Pedigree, Am College of Medical Genetics First Annual Meeting, 1994. 24. Estop AM. Koty P, LeChien K. Sherer C, McPherson E, Karyotype-Phenotype CorrelationJ, Americao College of Medical Genetics First Annual Meeting 1994. 25. Mowry-R,1l.hton PA, Estop A, Cieply K, Kochman S1, McPherson E, Suni U, Identification of Unbalanced CrYPtic Translocation Using Fluorescent InSitu Hybridizlltlon, Am College of Cytogenetics Annual Conference 1994. 26. McPherson EW, Clemens MM, Hotllnan EP, Paulus-Thomas J, completely skewed X-inactivation in a severely affected Coffm-Lowry hetetozygote, Am J Med Genet SS(supp) A87, 1994. . "'~~-__'"'_,r'-" ,-, .. ,'-0 ~~ -"? '_ ~--,="," '-"""'-- - ", ,--'--' - ~ .,,-q<,-,-~~ "'" .,-~~ F rom: GENETI CS 412 641 1032 11/22/2001 10:35 IIfIJ) P JfJ7 27. Clemens M, McPherson E, Sherer C, Estop A, Thomas 1, Newsham I, monozygotic male twins concordant for the Beckwith-Wiedemann syndrome, Am 1 Med Genet 55(supp} A307, 1994. 28. McPherson EW, Clemens M, Schinzel-Gideon syndrome and malignant sacrococcygeal teta1Ome: a second case, 26~ Annual March of Dimes Clinical Genetics Conference and American College of Medical Genetics 2" 10int Clinical Meeting, Los Angeles, 1995. 29. Clemens M, McPherson EW, 4p microdeletion in a child with Pitt-Rogers-Danks syndrome, Am J Hum Genet 57(supp) A86, 1995. 30. Coss LN, Hogge WA, Kochmar SJ, Suni U, McPherson EW, La2ebnik N, Hill LM, Isollltcd abdominal situs invenus associated with an unbelenced I; IS translocation, Am 1 Hum Genet 57(supp) A86, 1995. 31. McPherson E, HuffD, ClemensM, Smith S, Niklaus A, Kochmar S, Sum U, Tenninal del 16 in a fems wi1l1 frontonasal dysplasia and CNS anomalies, Am 1 Hum Getlet 57(supp) A311, 1995. 32. McPhenon EW, Clemens MM, Ko<:hmar S1. Sllrli U, Apparently Balanced 1(1;7) in an infant with Coffin-Sma syndrome, 27th A1lDual March of Dimes Clinical Genetics Meeting and American College of Medical Genetics 3rd Annual Meeting, San Antonio, 1996. 33. Ward DS, Feldman, GJ, 1l.obin, NH, Zaclcai SR, Price RA, Proud VI(, Robb U, Der KaloUStiazl V, Estop A, McPherson, EW, Jabs EW, Carey JC, Saavedra D, Siegel-Bartelt J, Rommens JM, Cohen MM, Muooke M, Craniofrontonasal syndrome (CFNS) IIlllpS II> Xp22: molecular and cytogenetic approaches towanls cloning the CFNS gene, 27th Annual March of Dimes' Clinical Genetics Meeting and American College of Medical Genetics 3rd Annual Meeting, San Antonio, 1996. 34. McPherson E, Clemens M, Fox T, and HuffD, Fetal Hypokinesia, pulmonary Iympbangiectasia, and congenital hean disease: a new syndromic fonn of spinal muscular atrophy? David Smith Worksbop on Malfonnations and Morphogenesis, Lake arrowhead CA, 1996. 35. MePhe..on E, Smith E, Suni U, Pallistor Killian syndrome: Familial recurrence " Am J Hum Genet 59 (supp): A98. 1996. 36. Ventura K A, McPherson E, Sum U, Ktlcbmar S J, Hogge W A, Prenatal diagnosis of a de-novo 4q duplication and associated phenotype, Am J Hum Genet 59 (SIlpp): A413, 1996. 37. McPherson E, Clemens M. SHORT syndrome with nonnal stature, 4th Joint Clinical Meetings, Ft. Lauderdale, 1997. 38. MePberson E, Clemens M. Autosomal dominant Braehmaml-deLallge syndrome: Incomplete penetrance and variable expression, Am J Hum Genet61(supp): AIO?, 1997. 39. McPberson E, Clemens M, Hoffner L, Suni U, Sacral Tumors in SchinzeJ...GiediOn syndrome, Am J Med Genet 79:62.63, 1998. 40. McPberson E, RuffO, Smith E, Jeune syndrome presenting with hydrops and massive polycystic kidneys, 5th Joint Clinical Meetings, Los Angeles, 1998. 41. McPherson E. HuffD, Anomalies of1l1e forebrain with radial limb defeeta: Garcia-Lurie-Steinfeld syndrome? platform presentation at David Smith Workshop on MalformationJ and Morphogenesis, Whistler, BC, 1998. 42. McPherson IE, Clemens M, RuffO, Anomalies or the forebrain with radial limb defects: Garcia-Lurie-Steinfeld syndrome7, Am J Hum Genet. 63(supp): AI13, 1998. 43, Christianson C, Huff D, McPherson E, Limb defonnations in oligohydramnios sequence: effects of gestational age and duration of oligohydramnios, Genetics in Medicine 1:53, 1999. ,- .,"\( -' . - - ,- -~ .' ~. '. co " , --c' ;~~, ~~,_ _~, _, ,-,~ '. ~ - "., ~_J ,_._, _. '-,--, '--","- ,., .- " From:GENETICS 412 641 1032 11/22/2001 10:36 #600 P.OO8 44. McPherson E, Clemens M, Natural hsitory of Trisomy 13 in un.eleeted liveborn patients: Comparison with the S.O.FT data, Genetics in Medicine 1:58,1999. 45. McPherson EW, Hogge W A, Haas (Type IV) polysyndaclyly presenting prenal8lIy with bilalerallibial aplasia, Am J Hum Genet 65 (supp): A334, 1999. . 46. Proson T, McPherson E, Surti U, Diggans GR, Jackson CL, Boemer SM, Caine ME, Cwnmins JR, Mosaic isotetrasomy 20p in a liveborn, Am J Hum aenet 6S (supp): A339, 1999. 47. Hogge WA, Prosen T, McPherson E, Hill L, Lain K. Prenatal diagnosis ofDCibuquios s)'lldrome, Am J Hum Genet 65(supp): AI77, 1999. 48. McPherson E, AREDYLD s)'lldrome with focal segmentalglomerulosclerosi., Genetics in Medicine 2:82, 2000. 49. McPherson E, Prosen T, Surti U, Anonychia and absence of distal phalanges in a patient with apparenlly balanced I( \7;2\ )(q24.2;q 11.2), Genetics in Medicine 2:82, 2000. 50. McPherson E, Clemens M, CravenC, Two Vessel Cord-What does ilmean forthefetwl?, Platfonn presentation at David W. Smith Workshop on MalformatiODS and Morphogenesis, Walla, CA, 2000. 51. Hohler PM, Neiswanger K. Thomas L, Mowrey-Rushtoll P, McPherson E, Ho"e A, 8im U, Variable Outcomes in 5 cases of mosaic trisomy 16, Am J Hum Genet 67(supp): 148, 2000. 52. McPherson EW, Clemens MM, Kocbmor S, Gharaibeh B, Sum U, SupemWl1er8Jy Ring Chromosome II Mosaicism causing retinal colobomas, Am I Hum Genet 67 (supp): 161, 2000. 53 _ McPherson E, Hogge W A, Dandy- Walker and Turner syndrome; a frequent association?, 2001 Amtual Clinical genetics Meeting, Miami, March 200 I. 54. Ohanda S, Hogge W A, Surti E, MePhenon Eo Tetrasomy 9p: a potential ptenata1 diagnostic dilemma, 2001 Annual Clinical Genetics Meeting, Miami, March 2001. , . "j~ 7 . "3,~." . .,--: "'"""_""'_"'1'1" ',,~,"", ,O^',-, ",-~ ~,~ _,,_ _n, _ ,,' ," ~ -~= / -, " . , " Magee-Womens Hospital of UPMC Health System 300 Halkot S_ Pittsburgh. PA 15213-3180 Department of Genetics November 16, 2000 412.641-4168 Fax 412-641-1032 Pediatric Care Specialisis In Johnstown II 0 Main Street Johnstown, PA 15901 RE: Angela White DOB: 10/05/00 GC#: 00-238~ Dear Doctors: I had the pleasure of seeing Angela White logether with her grandmother who is raising her in the Medical Genetics Clinic at !\ilagee-Womens Hospital on November I~, 2000. Angela, as you know, is a 5 week old with an unbalanced chromosome translocation. This resulis in a slight deletion of 6p and a significant sized duplication of 15q. Angela was the product of a pregnancy complicated by smoking and possible alcohol use, She was delivered near term and had a birth weight of 6 pounds 7 oz, and length of 19 inches. In the newborn period webbing of her neck was noted and T\llJ\er Syndrome was suspected. She also failed a hearing screen. Since that time her genernl health has been good. She is on Amoxicillin for serous otitis. . Because of vomiting which occurred through the nose and mouth the grandmother changed her formula to isomil which she tolerates well. Her growth has been excellent The grandmother feels her development is essentially nanna!, but has noted thai Angela rolls her eyes at times. Angela has one full sibling who is physically and developmentally nonnal. A half sibling through her mother also appears normal. A paternal uncle has seizures. There is no other familv historv of birth defecls. . . r." rh~'s;s"l examination, Angela has a length of 2 I inches weight of 8 pounds 6 oz, and head cii,urll[Cr.llce of 35cm. This places her at the 5:1 percentile for length and ;;'eight and the 25 percentile for head circumference. She does have a cute. but somewhat lmusual facial appearance with ptosis. a prominent nose with snubbed tip, a long. but not smooth philtrum, and mild micrognathia. Her ears are small. measuring only 3.3cm bilaterally and are simple in their form. She has excess nuchal skin. but no true webbing. Her nipples are somewhat wide set; Ihere is no cardiac murmur. Her abdomen, back, and external genitalia appear nonnal. Her limbs are normally proportioned and have a full range of motion except that her thumbs are usually adducted. Palmar flexion creases are nonna!. The lotal hand length of 7Clll and footlengtll of8Acm are witilin the normal range for her age. She is mildly hypotonic. but is heginning to lift her head when pulled to sitting. i was not able to see a red reflex. in either eye. but ~."'tn'.;mi~c;: ......;;,,; ~~Ei~~ll~ becau:c she :s quite :en:itiy~ to tight. I also wa~ ~ot ;!ble ~C' 8b~~~'e h<:"r following objects visually. I did observe her eyes rolling at times. but this did not appear to be true nystagmus and also there \vas no other evidence to suggest a seizure. Angcla has only a very small deletion at the tip of 6p. TIle number of cases previously described is small, but it is important to note that many of the patients have had eye abnormalities. The gene involved in Rieger syndrome maps to this location: therefore. tile incidence of colobomas and other anterior chamber abllornlalities in patients witil tile deletion is not surprising. Congenital heart disease is also frequent in patients with a deletion of this portion of 6p. Hearing loss may also be attributed to this deletion, although the mechmtism of the hearing loss. sensorineural vs conductive. is not clear in aU cases. There is considerably more infonnation regarding duplications of 15q. The region which is duplicated in Angela is associated with a specific facial appearance involving ptosis, prominent nose, long well defined philtrum, high arched palate, and micrognatitia have been reported in most cases. Angela shows a facial DEFENDANT'S EXHIBiT ,"1' n"- ~~!-" --, '-;' '.. ,-" , ]--r, "~_eo, -". , . "" \1, Z&-ot 4--- l.ltT ,= '",.. -- " RE: Angela White DaB: 10/05/00 GC#: 00-2384 resemblance to previously reported patients with this condition. Other frequent features include short neck, post natal short stature, microcephaly, cardiovascular defects, araclmodactyly, and camptodactyly. Mental deficiency is always noted and usually severe. Because the majority of previously reported ISq duplication patients have in ,olvement of another chromosome, it is difficult to be certain what portion of the menta! deficiency is ascribable to the duplication ISq. Since the other chromosome abnonnality in Angela, namely the 6p deletio, is small and associated with only minimal mental deficiency, I am optimistic that Angela might be less severely affected than many of the reported patients. Nevertheless, she is at risk for significant developmental delay. I strongly suggest that Angela have her eyes examined by a Pediatric Ophthalmologist. I would suggest either Dr. Hoover or the Pediatric Ophthalmology & Strabismus Group. I know the later has an office in Murrysville. I would also suggest that Angela have an echocardiogram for reassurance because of the high incidence of congenital heart disease in other patients with this chromosome abnomtality. Because of the risk of developmental delay, Angela should be enrolled in an Early Intervention Program. I have provided the grandmother with prescriptions for the birth parents to have their blood drawn for chromosome studies. This is important because if either of them carries a balanced translocation other family members could carty the same translocation and possibly be at risk to have affected offspring. I would like to see Angela in 6 months for follow-up to see if she is progressing as expected for a child with this condition. In the mean time if you have questions or if I can be of further help, please don't hesitate to call me at .H2-641-4168. With Best Wishes. ~~IYYPu~ Elizabeth McPherson, M.D. Pediatric GeneticistlDysmorphologist EWMllam cc: Dr. Rogerson ~ Ie rf1( o 61/~B/U/ <. ",--~, _ __ _, ~" _,f> ,- ,"- ",_, ~-_' ,,7 ~, __ __ ___~"O" '.-",-- -. ~ . , ;If '" " . ( ,,'1 ". MageeWomens Hospital of UPMC Health System 300 Halket SbHl Pittsbwgh. PA 15213-3180 Department of Generics December 1, 2000 412.641-4168 Fax 412.641.1032 lvlrs. Desiree White RD #3, Bo)(30 New Florence, P A 15944 Dear Mrs. White: It was a pleasure meeting you, your son. and your grnnddaughler, Angela, in the Medical Genetics Department of Magee-Womens Hospital on November 14, 2000. This letter will serve as a review of our discussion. You may wish to keep it with other medical records for future reference. During your appointment we discussed the fact that when Angela was born there was a concern that she had some features of Turner Syndrome. TIlls is a syndrome in which girls are born with only one X chromosome (most girls have two X chromosomes). In order to determine if Angela had Turner Syndrome the doctors requested a test that looked at her chromosomes. When this test was completed it was apparent that Angela did not have Turner Syndrome, but did have changes in her chromosomes that we felt were important to discuss with you. If you recall from our discussion we expect everyone to have 46 chromosomes that are put into 23 pairs. The first 22 pairs are numbered 1-22 and the 23'" pair are called sex chromosomes. In girls the sex chromosome pair is XX, in boys the sex chromosome pair is XY. One of each chromosome from each pair is inherited from a baby" s mother and the other is inherited from a baby's father. When we looked at Angela's chromosomes we did see 23 pairs, but not all of the chromosomes were as we expected them to be. After looking at Angela's chromosomes it was apparent that she has an extra piece of one chromosome 15 attached to one chromosome 6. She is also missing a piece of chromosome 6 at the point that the 15 attached. To help you understand what has happened I have put a picture of the changes belOW. ~.'!' E 1 #15 *'/5 o f; H ~: i .1 I II iI:/.; $~ 1115 *"15 .' ""6 '*b mi.5.5'''J. p;'ec.c. of .:tFu ltnc.l 1<.';tJ, tu, E.xha.. pieCE_ cF ;#: 15 There are Iwo explanations for how this happened. It is possible that either Angela' s mother or father could have some changes in how their chromosomes are arranged. Often parents will have changes in how their chromosomes are arranged, but without gaining or loosing any material so there would be no way for anyone to tell that they have a change. Unfornmately when a person with a change in their chromosomes has children it is ,possible that the chromosomes will not align properly and some material \\i11 be lost ._ "1 ,/ -j=.~::; .,,,J-.'. '"' ~~. '.. . , . DEFENDANT'S EX~:IBIT "'2k.01, ~ l.r:f "..: " 1"- .-" )'_,1," ,,-I '-" <-, 1~~, ._ -t ""; 'r.,-'" . - , -, _",_ 'L , ' . <' RE: Angela White DOB: 10/05/00 GC#: 00-238.\ gained. The other possibility is that this was a new change that occurred in Angela and that there are no changes in either of her parents. Sometimes when the chromosomes from the mom and the dad come together and line up together, changes can occur. Because Angela is missing the top piece of one of her copies of chromosome 6 it is possible that she may have problems with her eyes. It is important to monitor her eyes by going to a pediatric ophthalmologist Angela also has an extra piece of chromosome 15. Some of the problems associated with this extra piece are heart problems, a small head. and some learning problems. We discussed that we cannot predict how severe Angela's learning problems may be. When Dr. McPherson examined ,'-.ngela she noticed that Angela had some e:-:tra skin on Lhe back of her neck which indicales that her neck was probably swollen during the pregnancy, she also had low muscle tone which means that she may have some delays in activities that require strong muscles such as sitting up or walking. She also has droopy eye lids and a cleft in the roof of her mouth which may explain why when she throws up it comes out of her mouth and nose. The other feature that Dr. McPherson noticed was that when Angela clenches her fist she keeps her thumb in and under the rest of her fingers. By Angela' sage most infants have started to put their thumb on the outside of their fist. When babies don't make this change it makes us worry that they mayt have a change in their brain that is stopping them from progressing nonnally. In other respects. Angela is doing very well for her age. Because we know that Angela has an increased risk of eye problems. heart problems. and learning/developmental problems we have suggested that a pediatric ophthaImologist, a pediatric cardiologist, and early intervention see her. Early intervention is a special team of health professionals who will come to your home to detennine if Angela is developing the skills at the nonna! rate. If they feel she is developmentally delayed they will have professionals in physical therapy, occupational therapy, or speech therapy come to your home to work with her so that she develops as well as possible. Weare also interested in seeing how Angela does in the furore; therefore, we would like you to bring her back to see us in 6 months to see how she is doing. As we explained above, there is a chance that Angela has inherited the change in her chromosomes from her parents. During the appointment we gave you referrals for Angela' s mother and father to have a blood test that would look at their chromosomes. This information can be helpful in detennining their risk to have other children with chromosome changes or the risk for their other children to have an undetected chromosome change. We discussed a lot of complicated information during the appointment: please feel free to calI us if you have any questions regarding this information, we would be happy to speak with you again. You can reach ..... "'. t ,..., t:; 11 II r.o u......~ .._~~.. ,_,,-_. Sincerely, Erynn Gordon Genetic Counseling Intern .. Ie ~'ct.lc?J./J7/.-M/ ~: ./ Elizabeth McPherson. M.D. Pediatric Geneticist '1 ~ '....... cc: Pediatric Care Specialists in Johnstown " ,,~,-~ ,. . ,1-:O<~,c-T,i''j''t " -."" , . ,".- -"'"''''~;'',-~~ "'A'-~ ,', "']"-'~" - ., ",. -" r . . . , MageeWomens Hospital of UPMC Health System 300 Halket Street Pittsburgh, PA 15213-31 80 Departmenr of Genetics November 8, 200 I 412.641.4168 Fax 412.641-1032 Dr. VenketaDharbhamulla Pediatric Care Specialists I 10 Main Street Johnstown, PA 15901 RE: Angela While DOB: 10/05/00 GC#: 01-2461 Dear Dr. Dharbhamulla: I would like to thank you for giving me the opportunity to see your patient Angela White in the Medical Genetics Clinic at Magee-Womens Hospital on November 5, 2001. Angela, as you know, is a I-year old with an unbalanced chromosome translocation, which results in partial Trisomy IS and a very small deletion of the short ann of chromosome 6. Since her last genetics visit I -year ago, Angela has done very well. She has a ventricular septal defect, but has had no cardiac symptoms. She has required ear tubes and had a tongue-tie clipped. She had an eye examination, which showed no major abnonnalities, but she is being followed because of siguificant ptosis, which will probably eventually require surgical repair. She eats well and is continuing tu grow close to the 50 percentile for height. Her weight and head circumference, however, have fallen below the 5th percentile. This is not unusual in children with chromosomal disorders. As expected, she is developmentally delayed, but continues to make progress. She lives with her grandmother who works with her daily to enhance her developmental progress. Early Intervention also follows her. Recently, she has been working on leaming to balance in sitting and she has occasionally made consonant sounds, such as "mama", although it's not clear if these are meaningful words. On physical examination, Angela now has a length of29 inches, which is just below the 50 percentile, a weight of 16 Y, pounds, which is below the 5th percentile, and a head circumference of 43 em, also below the 5th percentile. Her anterior fontanelle is large, but fibrotic, .and she has a slight metopic ridge. Her facial appearance is unusual with ptosis, epicanthal folds, and a bulbous nose with a mid-line dimple, very prominent pillars of her philtrum, microguathia, and small simple ears. She has excess nuchal skin, a pectus excavatum, and a cardiac munnur. Her abdomen, back, and external genitalia are unremarkable. Her limbs are normally proportioned and have a full range of motion, but she has proximally placed thumbs with a mildly hypoplastic thenar eminence. Her toes are overlapping and the third toes are slightly smaller then the others. Her palmar flexion creases are nonnal. She has generally decreased muscle tone and hyporeflexia. There are no siguificant skin lesions. Compared to other children with similar chromosome abnonnalities, Angela is doing quite well. Children with similar small deletions of 6p usually have developmentally delay, hypotonia, and hearing loss, all of which are present in Angela. Some have other more serious problems, such as congenital heart disease, eye abnonnalities, cleft palate or joinl dislocations, and fortunately except for her rather mild congenital heart disease, Angela has none of these problems. Overall, Angela's appearance is more similar to other children who have duplications of 15q. This should not be surprising since she has duplication of a fairly large segment of chromosome IS. The most frequent features of partial Trisomy IS include developmental DEFENDANT'S EXHIBIT 11-28'0,6 l-I'-T C>1\Ii 0';1 J"""r:Hlll!4 ~ ~"'I!I<I.'I";;"""!' ~ _"" - ~ ~ " " ,~~~ '-~II<,~~-.--,-~,~~,,~ / 'II'c. ,i"i- ~ .if' RE: Angela White DOB: 10/05/00 GC#: 01-2461 delay, hypotonia, growth deficiency, microcephaly, ptosis, prominent bulbous nose, long well defined philtrum, micrognathia, pectus excavatum, and congenital heart disease. All of these features are present in Angela. Despite these characteristic physical features, most children with partial Trisomy IS enjoy good physical health, and since Angela does not have any specific life-threatening birth defects, her life expectancy is presumably normal. The chromosomal imbalance does of course explain her developmenlal delay and this will continue to be her most significant problem. She will continue to require special education and although she is expected to walk, talk, and learn self-help skills, it is unlikely that she will be able to live independently. She will probably require special services such as physical, occupational, and speech therapy in order to achieve her maximwn potential. At times, these services may not all be available through the school system, and it may require extra effort on the part of her caregivers to provide the services. Furthermore, she will continue to have special medical needs related to her ventricular septal defect, ptosis, and hearing loss. Although her slow growth is normal for children with this chromosomal disorder, it is very important that she continue to receive good nutrition since she is so small for her age. Because of her developmental delay and her increased need for services, caring for her is more challenging than caring for a chromosomally normal child. It is very important that she be in an optimal home so that she can reach her potential. She resides with her grandmother who has been doing an excellent job in keeping medical appointments, providing good nutrition, providing daily therapy, and enhancing her socialization and self image. Her grandmother is aware of the challenges that Angela's disability may pose as she gets older and is already making plans to deal with this. Her parenls, however, have had very little contact with Angela. I strongly believe that it is in Angela's best interest to remain in her grandparents' home. I also reviewed with the grandmother the genetics of Angela's condition. Because of Angela's chromosome imbalance, her offspring are at 50% risk to be like her. If she functions well enough that she is considering having children, she will need counseling regarding this when she is older. Her parents have both undergone chromosome studies and the father carries the balanced translocation. This will result in a significant risk to his future offspring, but unfortunately I have been unable to discuss it with him because he has not attended any genetics appointmenls. We have sent the parents a letter regarding this infonnation, but have received no response. I would like to continue to follow Angela yearly in order to share with the family any new information about her condition and to make sure that she is progressing as expected compared to olher children with similar chromosome abnormalities. If you have questions or if! can be of further help, please don'l hesitate to call me at 412-641-4168. With Best Wishes. C2:t-Sdtti mpAc~ Elizabeth McPherson, M.D. Pediatric Geneticist/Dysmorphologist EWM/lam cc: Dr. Rogerson Dr. Lee Beerman Dr. Albert Biglan '-'-~'''''~I''''''''"."._, "ll1<I'~ ,]1 I - f~ H_ , , ~,~~- ~ ~- --~""""''''''''''' . Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs MICHAEL ALAN WHITE and DESIREE NICHOLE WHITE, Husband and Wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2182 Plaintiffs CIVIL ACTION - LAW v. IN CUSTODY RICHARD WHITE. SR. and LEONE WHITE, Husband and Wife Defendants ANSWER TO PETITION FOR CHANGE OF VENUE AND RULE TO SHOW CAUSE AND NOW comes the Respondents, MICHAEL ALAN WHITE and DESIREE NICHOLE WHITE, the Plaintiffs in the underlined custody action, and filed as Answer to the Petition for Change of Venue and Rule to Show Cause and in support thereof avers as follows: I. ANSWER TO PETITION FOR CHANGE IN VENUE 1. Admitted in part and denied in part. It is denied that Petitioner, LEONE WHITE, is a paternal grandparent of the child. By way of further response, Petitioner, RICHARD WHITE, SR. is the paternal grandfather of the minor child and the Petitioner LEONE WHITE is a step-grandparent. The balance of the averments set forth in Paragraph 1 is admitted. 2. Admitted in part and denied in part. It is admitted that the Respondents are the natural parents of the child and are adult individuals whose residence at the time of their Petition for Custody was 315 Market Street, Apartment #2, Lemoyne. Cumberland County, Pennsylvania. It is further admitted that the Respondents moved their residence to New Cumberland, Cumberland County, Pennsylvania. The balance of the averments set forth in Paragraph 2 are admitted. ~.~ - , ,'L"~." ,~ ,',<_. _~___ ", ,- - -.." , ,-,. ~" . 3. Admitted in part and denied in part. It is denied that the child resided with the Petitioners in Westmoreland County since the time of her birth on October 5, 2001. By way of further response, the child began residing with Petitioners on or about October 7, 2000. The balance of the averments set forth in Paragraph 3 are admitted. 4. Admitted in part and denied in part. It is admitted that the child has never resided in Cumberland County. The Respondent's have no knowledge as to the truth or veracity of the balance of the averments set forth in Paragraph 4 and therefore proof thereof is demanded. 5. Admitted in part and denied in part. It is denied that on or about October 7, 2000, two days after the birth of the child, the Respondents relinquished to the Petitioners their parental rights by written agreement in Westmoreland County, Pennsylvania. In fact, the agreement which was drafted by Petitioners and signed by Respondents was prepared by Petitioners and executed at the hospital in which the child was born. By way of further response, the intent of the parties at the time of the signing of the agreement was to temporarily relocate the minor child with the Petitioners to allow the Respondents to improve their financial condition and secure health insurance for the minor child. Repeated requests by the Respondents to the Petitioners to allow the Respondents to see their minor child have been summarily denied by the Petitioners. The balance of the averments set forth in Paragraph 5 are admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. The child has a number of significant contacts with Cumberland County which could give rise to jurisdiction. Most importantly, the minor child's natural parents reside in Cumberland County. The minor child has other relatives such as a patemal grandmother who resides in Cumberland County. The perspective home and home environment is located in Cumberland County. Due to the special medical attention that the minor child requires, any new physicians that must render care in the future to this minor child are located in or around Cumberland County. ;-""'"" ~ _ ., . -'" -.', ,~~ ,-co _,' _~. - ~-,., ~- _ ,,,._,_, _~_t _ ,_~ _ -, , ~ <. 11. Denied. The averments set forth in Paragraphs 10 and 11 are legal conclusions to which no responsive pleading is required. WHEREFORE, Respondents respectfully request that the above-captioned matter remain in Cumberland County, Pennsylvania. II. ANSWER TO RULE TO SHOW CAUSE 12. Paragraphs 1 through 11 are incorporated herein as if set forth fully. 13. Respondents filed a Complaint in Custody on April 12, 2001 seeking full physical and legal custody of their minor child, Heaven Leigh White. Said Complaint was properly served upon the Petitioners, RICHARD WHITE, SR. and LEONE WHITE on April 23, 2001 and evidenced by a Proof of Service filed with the Court on May 17, 2001. 14. Pennsylvania Rule of Civil Procedure 1915.5(a) sets forth that "a party must raise any question of jurisdiction of the person or venue by preliminary objection filed within twenty (20) days of service to the pleading to which objection is made, or at the time of hearing, which ever first occurs." 15. The Petitioners failed to file any responsive pleading whatsoever and in no way raise any objection to jurisdiction or venue. 16. The hearing in this matter was scheduled for May 16, 2001 by Order of Court dated April 20, 2001, before Jacquelyn M. Verney, Esquire, a custody conciliator. 17. The Order of Court scheduling the Custody Conciliation for May 16, 2001 at 1:30 p.m. before Jacquelyn M. Verney, Esquire was forwarded to the Petitioners at the address set forth in the Complaint for Custody which has been confirmed as accurate in the Petitioner's Petition for Change in Venue. 18. The Petitioners ignored the Order of Court and failed to appear at the Custody Conciliation at which time an Order of Court was entered directing that the Petitioners "shall have no right to legal or physical custody of the child." and "the grandparents shall immediately transfer immediate custody of the child to the parents." :'~;!\l/'l,_l ~'''"''_,I ,_~_,,-, ',,"' ,,~. ""','''_',H '"_''('''",,'_,8" ''''.''",," "',-.. ~_,____ -,. ="' , - .,' -, - .. -- 19. The Petitioners, when presented with this Order of Court, managed to physically elude the Respondents when they presented the same at their residence a few days after receipt of the Order on May 24, 2001. 20. Since the child's birth, the Petitioners have done nothing but completely prevent any and all contact between the Respondents and the minor child. They have failed to return any phone calls or e- mails. The only contact that the Respondents have had since October 7,2000 was a photograph sent some time over the holidays by Petitioners to Respondents. 21. The Petitioners have in fact unilaterally changed the name of the minor child to Angela Leigh White without the permission of the Court or the consent of the natural parents. It is believed and therefore averred that the Petitioners have no intent of allowing the natural parents to reassume their roles as parents to the child. 22. It is believed and therefore averred that the Petitioners are simply prolonging this matter by failing to appear at scheduled court dates and after the time allotted for preliminary objections petitioning the Court to transfer venue of the case to delay the matter twelve months to confer standing upon them for custody as grandparents of the minor child pursuant to 23 Pa.C.SA ~ 5313. The Respondents have continually trying to reassume the role as parents of the minor child, but have been prohibited from doing so by the Petitioners. 23. The Petitioners are wrongfully keeping minor child from her natural parents despite repeated requests that the child be returned to their custody and as such, should not be able to gain the benefit of jurisdiction in Westmoreland County. 23 Pa.C.S.A. ~5349. 24. Pennsylvania Rule Civil Procedure 1915.2 permits an action can be brought in any county "in which it is in the best interest of the child that the Court decide the matter because the child and the child's parents, and the child and at least one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal relationships". The child, as set forth herein, does have significant connections to Cumberland County and certainly any new future care, protection, training and personal relationships are located here in Cumberland County. Collectively, the child and the child's parents do have a requisite i'"~ """"'1'" --",,"~-","'-f,.<-,L_i ~'-'-'.., e,.' __",_,. ", ".",,~__< "~~"_",,,,. _,r. '-. , I '=~,'__ ".__"_ -~,"f " ,,~. , . , ~- y ~ , -. significant connection to Cumberland County. The Petitioner's connections with either county should be wholly irrelevant, according to the rule. WHEREFORE, Respondents herein request that the matter remain in Cumberland County, as originally filed, as the Petitioners failed to file any preliminary objections pertaining to personal jurisdiction. A Court may sua sponte raise the issue of subject matter jurisdiction, the exercise of its jurisdiction pursuant to 23 Pa.C.S.A. ~ 5347, ~ 5348 relating to inconvenient form as well as ~ 5349 and ~5364(f) relating to jurisdiction declined by reason of conduct. Note to Pa.R.C.P. 1915.5(a). The issue of personal jurisdiction has been waived by failure to file a preliminary objection. Due to the fact that both parents do reside and have significant contacts with Cumberland County and that the minor child has significant contacts with Cumberland County, the matter should remain in Cumberland County rather than transferred and delayed to Westmoreland County. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ark C. Duffie Attorney J.D. No. 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiffs DATED: t/L/ . ,2001 :148981 \-~ -,....,~--', 0'_""'+ ",~",~,,"0-?"'f~;~_._,-,~_""" .~,:_-j_,> ,,,..,. "o,~-__,1>''''~';L ' ',' ~c_ ,. ,,_, .~~_ _ '._ ___, 'I... . -~,-'-'\-,-- - ~- - ,~ Jf ~ VERIFICA TION I, Mark C. Duffie, attorney for Michael Alan White and Desiree Nichole White, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. ~4904. Date: August 14, 2001 :148981 '~Iq --'"'r,, ~",,<'" ""'''--'._,, '.1,_', '.~ .<" .r> ,,_ ~"_' '", ,'_ .j..". ~_. ,.=j . ".- , ~" - /, ,,~~ CERTIFICA TE OF SERVICE I, Mark C. Duffie, of the law firm of Johnson, Duffie, Stewart & Weidner, attorneys for Michael Alan White and Desiree Nichole White, do hereby certify that I served a true and correct copy of the attached Answer to New Matter by United States Mail, first class, postage prepaid, and faxed upon the Counsel listed below: Harold S. Irwin, III, Esquire 35 E. High Street Carlisle, PA 17013 Fax: 717-243-9200 Date: $'//1/ /,, . :148981 ,,.,, .7;,","':,.". -,':-'''-''!V2!~'-~l'-''' .~r~r, I.'~'_;_, ^-"-"1'''''-,;"'--''~ ~",__ _ ".",_... ~__.,,_ n ~'n r . " PA ST 23 Pa.C.S.A. @ 5313, When grandparents may petition *2716223 Pa.C.S.A. ~ 5313 PURDON'S PENNSYL VANIA STATUTES AND CONSOLIDATED STATUTES ANNOTATED PURDON'S PENNSYLVANIA CONSOLIDATED STATUTES ANNOTATED TITLE 23. DOMESTIC RELATIONS PART VI. CHILDREN AND MINORS CHAPTER 53. CUSTODY SUBCHAPTER A. GENERAL PROVISIONS Current through End of the 2000 Regular Session ~ 5313. When grandparents may petition (a) partial custody and visitation.--If an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by his parents, the grandparents or great-grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child. The court shall grant the petition if it finds that visitation rights would be in the best interest of the child and would not interfere with the parent-chitd relationship. (b) Physicat and legal custody.--A grandparent has standing to bring a petition for physical and legal custody of a grandchild. If it is in the best interest of the child not to be in the custody of either parent and if it is in the best interest of the child to be in the custody of the grandparent, the court may award physical and legal custody to the gnmdparent. This snbsection applies to a grandparent: (1) who has genuine care and concern for the child; (2) whose relationship with the child began with the consent of a parent of the child or Page 1 pursuant to an order of court; and (3) who for 12 months has assumed the role and responsibilities of the child's parent, providing for the physical, emotional and social needs of the child, or who assmnes the responsibility for a child who has been determined to be a dependent child pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters) or who assmnes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness. The court may issue a temporary order pursuant to this section. CREDIT(S) 1991 Main Volume ]985, Oct. 30, P.L. 264, No. 66, 9 ], effecttve in 90 days. 2001 Electronic Update *27163 Amended ]996. Oct. ]6, P.L. 706. No. ]24, 96, effective in 60 days. <General Materials (GM) - References, Annotations, or Tables> HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 2001 Electronic Update 1996 Legislation The 1996 amendment rewrote the heading, designated the former text as subsec. (a), and added subsec. (b). 1991 Main Volume Prior Laws: 1981, Nov. 5, P.L. 322, No. 115, ~ 14 (23 P.S. ~ 1014). ANNOTATIONS NOTES OF DECISIONS In general 1 Best interests of child 2 Dependent children 5 Order 3 Copyright (c) West Group 2001 No claim to original U.S. Gov!. works ''<<.- ~, , '-- ~ " PA ST 23 Pa.C.S.A. ~ 5313, When grandparents may petition Standing 8 Third party custody 6 Timing 7 Visitation 4 1. In general Grandparents occupy favored position among other third parties in child custody disputes and have standing to petition for physical and legal custody from natural parent, provided that grandparent has assumed a parental role with respect to child for twelve months, or has assumed responsibility for child found to be dependent, or has deemed it necessary to assume responsibility for a child at risk due to parental abuse. Martinez v. Baxter, 725 A.2d 775, Super. 1999, reargument denied. Having been granted joint legal custody and partial physical custody of children, paternal grandparents had standing to seek primary physical custody. Campbell v. Campbell, 672 A.2d 835, 448 Pa.Super. 640, Super.l996. Grandmother had standing to pursue custody action against mother, where grandmother had been granted custody by court order when mother was committed involuntarily to psychiatric hospital and identity of father was unknown. Walkenstein v. Walkenstein, 663 A.2d 178, 443 Pa.Super. 683, Super.1995. Appropriate standard for adjndication of custody dispute between mother and grandmother required grandmother to carry her burden of proof by clear and convincing evidence. Walkenstein v. Walkenstein, 663 A.2d 178, 443 Pa.Super. 683, Super.1995. Statute providing grandparents' right to petition court for partial custody or visitation with minor child on ground that minor child has resided with grandparents for a period of 12 months or more did not apply to confer upon grandparents right of action for custody of child in preference to parents; statute intended to protect grandparents against estrangement that might occur after one parent dies, or after parents separate or divorce and custody of child is with one parent, or after child has lived with grandparents for significant period of time and is removed by parents, Gradwell v. Strausser, 610 A.2d 999, 416 Pa.Super. 118, Super. 1992. *27164 Paternal grandfather did not stand in "loco parentis" with respect to IS-year-old granddaughter so as to entitle him to maintain action for custody of child, even though paternal grandfather had resided with 15-year-old and her parents for almost two years, and thereafter, child resided with grandfather for period of three months. Gradwell v. Strausser, 610 A.2d 999, 416 Pa.Super. 118, Super.l992. Fact that child had lived with his grandparents for six and . oneMhalf of his eight years was relevant to changed Page 2 circumstance analysis when grandparents sought custody of the child. Snarski v. Krincek, 538 A.2d 1348, 372 Pa.Super. 58, Super.1988. Allowing maternal grandparents to visit grandchildren for five hours on the third Sunday of each month was in the best interests of the children and would not unduly interfere with parent-child relationship between the grandchildren and their father and his new wife, who had adopted them, where the grandchildren had resided with maternal grandparents for three years before their mother's death. Suroviec v. Mitchell, 500 A.2d 894, 347 Pa.Super. 399, Super. 1985. The Superior Court found no fault with conditioning parent's custody of child upon allowing grandparents to visit with child. Ferencak v. Moore, 445 A.2d 1282, 300 Pa.Super. 28, Super. 1982. A grandparent is not entitled to be granted visitation rights to grandchildren under the Custody and Grandparent's Visitation Act, 23 Pa.C.S.A. ~ 5311, et seq., where the parents are not deceased, separated or divorced and the children never resided with the grandparent. Dietrich v. Dietrich, 17 Pa. D. & C.4th 270 (1992). 2. Best interests of child In grandparent visitation case, grandparent has burden to prove that visitation is in best interest of child. Norris v. Teamey, 619 A.2d 339, 422 Pa.Super. 246, Super.1993. Paramount concern of court deciding custody or visitation matter is best interest of child. Norris v. Teamey, 619 A.2d 339, 422 Pa.Super. 246, Super. 1993. Finding that it was in best interest of child to permit parents of noncustodial parent visitation rights was supported by sufficient evidence, though grandparents had failed to contact child for four years, and though later court-ordered visitations resulted in accusations and quarrels, where grandparents' four-year absence was based on their desire not to exacerbate problems between custodial and noncustodial parent, and where custodial parent provoked quarrels at court-ordered visitations. Bucci v. Bucci, 506 A.2d 438, 351 Pa.Super. 457, Super. 1986. *27165 Grandparents seeking visitation under 23 P.S. ~ 1014 (repealed; see, now, this section) must convince the court that the child's best interest would be served by an award of visitation. Pluebell v. Greenaway, 28 Pa. D. & C.3d 466 (1984). 23 P.S. ~ 1014 (repealed; see, now, this section) did not provide the exclusive standards for grandparents visiting with minor children, but such petitions were determined with regard to the best interests of the child. Lindley v. Kowalske, 26 Pa. D. & C.3d 636 (1983) overruled in part. Copyright (c) West Group 2001 No claim to original U.S. Gov!. works :::-t .~"". " "" I~'" ~ . ~ ."- .--~ '. PA ST 23 Pa.C.S.A. ~ 5313, When grandparents may petition Pluebell v. Greenaway, 28 Pa. D. & C.3d 466 (1984). 3. Order Trial court's decision to grant custody to grandmother instead of mother in spite of potential of grandmother's attitude to undermine child's relationship with mother was supported by evidence of child's special needs and mother's outbursts of rage. Walkenstein v. Walkenstein, 663 A.2d 178,443 Pa.Super. 683, Super.1995. Trial court's order. allowing grandparents to visit child four Sundays every year and to remove child from custodial parentis home, was order of visitation and not of partial custody, where custodial parent had option of accompanying child when grandparents removed child. Bucci v. Bucci, 506 A.2d 438, 351 Pa.Super. 457, Super. 1986. 4. Visitation Trial court could consider sua sponte question of whether grandmother had standing to petition for grandparent visitation rights under statute creating cause of action for grandparent visitation and designating who may bring suit under its provisions. Grom v. Burgoon, 672 A.2d 823, 448 Pa.Super. 616, Super.1996. Grandmother did not lose standing to pentlOn for visitation under Custody and Grandparents Visitation Act three years after mother removed child from grandmother's home, where they had resided for 20 continuous months; statute did not set forth time limit within which eligible grandparent must petition for visitation or else forfeit standing. Grom v. Burgoon, 672 A.2d 823, 448 Pa.Super. 616, Super. 1996. 5. Dependent children Fact that child had been declared dependent did not negate the fact that his paternal grandmother deemed it necessary Page 3 to assume responsibility for child who was substantially at risk due to parental abuse for purposes of grandparent visitation and custody statute; parental rights of child's mother had not been terminated or relinquished, and it was possible that she might seek reunification with child. Martinez v. Baxter, 725 A.2d 775, Super. 1999, reargument denied. *271666. Third party custody Grandparent visitation and custody statute allows grandparent to seek custody over the status of third parties who have no familial relationship with child, and statute does not deprive grandparent of this privileged status merely because Children and Youth Services (CYS) has stepped in before the grandparent has had an opportunity to assert her interest in raising her grandchild. Martinez v. Baxter, 725 A.2d 775, Super.1999, reargument denied. 7. Timing Grandmother had standing to seek custody of grandchild, who suffered injuries while in his parents' care as result of shaken baby syndrome, who was declared dependent child, and who was placed in legal custody of Children and Youth Services (CYS); fact that grandchild had been declared dependent and that CYS had stepped in before grandmother had had opportunity to assert her interest did not deprive her of standing. Martinez v. Baxter, 725 A.2d 775, Super. 1999, reargument denied. 8. Standing Grandparents of grandchild, determined to be dependant under state statute, did not have standing to seek custody or visitation under Pennsylvania Grandparents! Visitation Act; grandparents had not filed petition required by Act or assumed responsibility for granddaughter during eight months period she lived with them. Gordon v. Lowell, E.D.Pa.2000, 95 F.Supp.2d 264. Copyright (c) West Group 2001 No claim to original U.S. Gov!. works .,. ~-~ ~ ~ ~ ~"_'" _"',0 ,", ,~.- .r,,' , . .."~- ,~ - ,-" - ~-~. ..~[ v APR 1 9 200tfIJ . Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OJ - d21?~ CIVIL TERM MICHAEL ALAN WHITE and DESIREE NICOLE WHITE, Husband and Wife, v. CIVIL ACTION - LAW RICHARD WHITE, SR. and LEONE WHITE, Husband and Wife IN CUSTODY Defendants ORDER OF COURT You, RICHARD WHITE, SR. and LEONE WHITE, Defendants, have been sued in court to obtain custody of a minor child, HEA VEN LEIGH WHITE. You are ordered to appear in person at , 2001, at , on , _.M., for o a conciliation or mediation conference. o a pretrial conference. o 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is reqUired by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT, By: J. -' r. '_'P_'''_~___'''''''__=. ,,~.w_,~_.,.. _~_~,<",' _~_ ~_~ _ ,._., ~~~_ '.__.. ",_~. ~ ~._ . --I Johnson, Duffie, Stewart & Weidner ... By: Mark C. Duffie J.D. No. 75906 1301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiffs MICHAEL ALAN WHITE and DESIREE NICOLE WHITE, Husband and Wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2001- :J../'r;2.. CIVIL TERM v. CIVIL ACTION - LAW RICHARD WHITE, SR and LEONE WHITE, Husband and Wife Defendants IN CUSTODY COMPLAINT FOR CUSTODY MICHAEL ALAN WHITE and DESIREE NICOLE WHITE, Husband and Wife, Plaintiffs in the above captioned action, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, hereby files this Complaint for Custody and avers in support thereof as follows: 1. The Plaintiffs are Michael Alan White and Desiree Nicole White, hereinafter referred to as "PARENTS" or "Plaintiffs", are currently residing at 315 Market Street, Apartment 2, Lemoyne, Cumberland County, Pennsylvania. 2. The Defendants are RICHARD WHITE, SR and LEONE WHITE, Husband and Wife, hereinafter referred to as "GRANDPARENTS" or "Defendants", who are currently residing at RD 3, Box 30, New Florence, Westmoreland County, Pennsylvania. 3. PARENTS seek full custody of the following child: HEA VEN LEIGH WHITE, age six (6) months, whose date of birth is October 5, 2000. 4. The child was not born out of wedlock. ", ~', ~--'''':,'I ~",>'<"'_",,, _'-"".'-'"_''''",~'_'~'''_'~",,~,_~ "..--,., ~" =1;_. ,""o'_''''."""...[".r.,.. ,_~, ~_~_.~, N,' _~ ~ ". ., - 5. The child is presently in the custody of GRANDPARENTS, who reside at R. D. 3, Box 30, New Florence, Westmoreland County, Pennsylvania. , . 6. Since the child's birth, she has resided with the GRANDPARENTS at R. D 3, Box 30, New Florence, Westmoreland County Pennsylvania. 7. The MOTHER of the child is Plaintiff, Desiree Nicole White. She currently resides at 315 Market Street, Apartment #2, Lemoyne, Cumberland County, Pennsylvania. She is married. 8. The FATHER of the child is Michael Alan White. He currently resides at 315 Market Street, Apartment #2, Lemoyne, Cumberland County, Pennsylvania. He is married. 9. The relationship of Plaintiffs to the child is that of natural parents. The Plaintiffs currently reside with Plaintiff, Desiree Nicole White's son, Trey Justice White. 10. The relationship of Defendants to the child is that of GRANDPARENTS. The Defendant's currently reside with Defendant, Leone White's son, Robert. 11. Plaintiffs have not participated as parties or witnesses, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The Plaintiffs are the natural parents of the child and have the desire and flexibility to care for the child. B. The parents are capable of providing a stable and loving home environment for the child. C. The parents are capable of providing the necessary medical care and attention that the child requires. D. The parents transferred custody of the child shortly after the child's birth to the Grandparents because they were unable to provide for the child at that time. ,..,""',!,. -,._,~"-,- =-~-~ ",> -"--",-",--",~--p,," --~-=~'.- ~--, ~~-' ~~ --,.. -. , ~I E. The transfer of custody was made with the understanding that the child would be returned once the parents are able to financially support the child. . . F. The Grandparents have repeatedly frustrated the relationship between the parents and the child by allowing no contact evidencing their lack of concern for the child's welfare. G. The Grandparents cannot provide a suitable environment and suitable care for the child now or in the future. H. Parents' work schedules will permit the child to be cared for constantly. I. The parents wish to develop a close, loving and nurturing relationship with the child they bore. 13. Each parent whose parental rights to the child have not been terminated and the persons who has physical custody of the child have been named as parties to this action. 14. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 15. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiffs request that the Court grant full physical and legal custody of the minor child, Heaven Leigh White, to the Plaintiffs. Respectfully submitted, WEIDNER :144796 '.....-,"r.., r, _ ,_' '^'''_-" ,,'~_-J_'_ _ _ _" _" . _, __~ _ .~ d ,I VERIFICA nON We, Michael Alan White and Desiree Nicfole White, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. '$lD elk, 9$ft~. f' Michael Alan White - Z W,II 1&tf '!JIM Desiree Nic ole White Dated: l(-S-ol -"'f~,fr< I~- ,,- "~ . MICHAEL ALAN wmTE & DESIREE NICOLE wmTE IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. RICHARD WHITE, SR. & AND LEONE WHITE DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA 01-2182 CIVILACTIONLAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 20, 2001 , upon consideration ofthe attached Complaint, it is hereby directed that parties and theirrespective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courtbouse, Carlisle on Wednesday, May 16, 2001 at 1:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to 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: Isl Jacqueline M. VernQ'. Esq./Jb 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 ii:;;:~~ijl, I " ,.- ~ , -- ", ,~ ,- J:obnson, Duffie, Stewart & Weidner , By: Mark C. Duffie LD. No. 75906 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiffs MICHAEL Ai..AN WHITE and DESIREE NICHOLE WHITE, Husband and Wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2182 Plaintiffs IN CUSTODY v. RICHARD WHITE, SR and LEONE WHITE Husband and Wife, Defendants PROOF OF SERVICE I hereby certify that on the 23"' day of April, 2001, I served a true and correct copy of the Complaint for Custody upon the Defendants, RICHARD WHITE, SR. AND LEONE WHITE, Husband and Wife, by certified mail, restricted delivery to their address, RD. 3, Box 30, New Florence, PA 15944, attached hereto and made a part hereof. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WElD By. ark C. Duffie Attorney I.D. No.7 301 Market Street P. O. Box 109 Lemoyne, PA 17043-01 (717) 761-4540 Attorneys for Plaintiffs DATED: sir ,2001 :146135 ,,;~,-,..,...,~~._, ,",...,,~ -.-" - , , ~-. ' ...,"~' .j ,-~ .' -- ~I .- ! > , ell 0.1 11 II ~'/.;tC5.;t... E . ~fied i' '" o Insured .E Ul OCOD ", .E ../ ~. m ... 'in C ~-1teln$1 anUl€lr 2 for additional servi~, cu Ct1trlf'~ Items 3, 4a, and 4b. ~ " , ~ C Print your name and address on the reverse otthis form so that we can return this > card to you. f! 0 Attach this form to the front of the mailpiece, or on the back it space does not ~ 0 W'Retum Receipt Requested" on the maitpiece below the article number. c 0 The Return Receipt will show to whom the article was delivered and the date o delivered. i 3. ArtiGle Addressed to: ! ~~4 ~;# ~ ; I I also wish to I'$eei~ the f0Uow- i"ll ."""ices (for an e><tra fee): 1. 0 Addressee's Address 2. ~tricted Delivery 4a. Article Number '1006- 4b. Service Type o Registered o Express Mail Z II: ~ 5. w II: 3 o >- .!! PS Form 3811, December 1994 11 l! 1 ! Domestic Return Receipt ~,,.-#'.: . ~. m ... .in C Complete:ltems 1 andlor,2 for additional services. cu Complete ltems 3, 4a, and4b. 2! C Print your:name and address on the reverse of this form so that we can return this ~ card to you. ~ C Attach this form to the front of the mailpiece, or on the back if space does not cu peFTTIil. of; 0 Write "Return c C :The Retum_ R o ' :1elivered. -g 3. }~-,rticile Addr~ -., ; Q. E o " '" w SENDEFl: I also wish to reeelve- the follow- Ing services (for an extra fee): uested' on the mallpiece below the article number. show to whom the article was delivered and the date 1. D Addressee's Address 2. I'IHlOStricted Delivery 4a. Article Number '1 {)f){)..()f../)D~ () 4b. Service Type o Registered D Express Mail o Return Ree . -J/9/,p LeoN".' {.vJ+-rrc Qv. .3.~..,.:"..'.'.','.'.','. 0(.. Jo NIEW ",'" P, ,;: ):4 )"'! l,Sry-<f.- :>:'" II: ~ w II: 3 g, .!! t-*~ " ~ ~I ,~ , ,,' 0' >- ...: c, m, .c' ....-, ,; " ~ m '" ii. 'ij " .. II: c ~ " 1;; II: '" c c;; " . -'1 " .. l m .~ _. - MICHAEL ALAN WHITE AND DESIREE NICOLE : WHITE IN TIlE COURT OF COMMON PLEAS OF PLAINTIFF V. RICHARD WHITE, SR. AND LEONE WHITE DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA 01-2182 CIVIL ACTION LAW IN CUSTODY O~DER()F (;OURT AND NOW, .., . Wednes.<<iay,JuI)\ Ill, 2001 . , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqneline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Weduesday, August 22, 2001 at 1:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to 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 TIIE COURT, By: Isl Jacqueline M. Verney. Esq. t/J 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 infof!Ilation 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - C""-"."'-4__'~I''' - , r- - "<~~ .tohnson, Duffie, Stewart & Weidner By: Mark C. Duffie LD. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff NOV 1 9 ~ Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2182 CIVIL ACTION - LAW IN CUSTODY MICHAEL ALAN WHITE. and DESIREE NICOLE WHITE. v. RICHARD WHITE, SR. and LEONE WHITE, Defendants PLAINTIFF'S PRE.TRI,AL MEMORANDUM I. FACTUAL AND PROCEDURE HISTORY Plaintiff's Michael Alan White and Desiree Nicole White are the natural parents of a minor child, Heaven Leigh White. Heaven was born on October 5, 2000 in Harrisburg Hospital. Shortly following the birth of Heaven, Plaintiffs turned Heaven over temporarily to the Defendants, the paternal grandparents of the minor child. It was the intent of the Plaintiffs to relinquish temporarily custody of the child until the Plaintiffs could become financially stable. The Defendants indicated that they would take care of the child in their home in Westmoreland County, Pennsylvania. The relinquishment occurred on October 7,2001, and the minor child has resided with the Defendants since that time. Since the Plaintiffs allowed the Defendants to temporarily care for the minor child on October 7, 2001, the Defendants have prevented any contact between the Plaintiffs and their minor child, Heaven. Defendants have avoided any telephone contact and on several occasions, had prevented the Plaintiffs from visiting with the minor child when they came to Westmoreland County, Pennsylvania. The Defendants never provided the Plaintiffs with any information with regard to the child's health, safety or welfare. In this case, the health of the child was of paramount concern to the Plaintiffs and the Defendants refused to provide any information whatsoever with regard to the same. Plaintiffs, until a Complaint was filed and counsel became involved, was . ~ , ,"."t..-'":,'--",-",.'!"" """".---"'1"',,,..,"''','-''- ", ':",.1__ " , '" unaware of the child's medical condition. One of the principle concerns with regard to raising this child was Plaintiffs ability to provide the necessary health insurance to accommodate Heaven's medical problems. The Plaintiffs have recently secured the necessary insurances and have the ability to provide the health care that Heaven requires. The Defendants have alleged that the health problems that the minor child is experiencing are due in part to an alleged abuse of alcohol and cigarettes by the mother, Desiree Nichole White. Defendants also allege that Plaintiff, Desiree Nicole White, made statements during pregnancy that she was going to attempt to cause a still birth by consuming alcohol and smoking cigarettes. This in fact is not true. Further, there is no established link between the child's condition of various chromosomal abnormalities and any consumption of alcohol and/or cigarettes. While the Plaintiffs recognize that the Defendants have been the only caregivers for the child since the child's birth and have established a good relationship with the child, they are the natural parents of the child and now have the financial ability to care for this child. The Defendants do not have any legal custody or the other rights established by any Order of Court in Westmoreland County, Cumberland County or any other county. The Plaintiffs certainly understand that the Defendants have been a significant part of this child's life since birth and are willing to allow the Defendants to continue to play the role of grandmother and grandfather visiting the child on a regular basis. The Plaintiffs have identified medical providers locally that can work with medical providers in Westmoreland County to provide a smooth transition. This child is at a stage where it requires a significant amount of financial medical and emotional support and Plaintiffs, as natural parents, are able to provide that support. On April 12, 2001, the Plaintiffs filed a Complaint for Custody in the Court of Common Pleas of Cumberland County. An initial custody conciliation was scheduled on May 16, 2001 before Jacqueline Verney, Esquire. The Defendants and/or counsel failed to appear at that conciliation conference and the Court entered an Order awarding immediate custody of the child to the Plaintiffs. On June 8, 2001, pursuant to Defendant's Motion for Special Relief, the Court suspended the Order of May 22, 2001 and directed the parties to appear at another conciliation. On July 30, 2001, Defendants filed a Petition for Change of Venue to Westmoreland County. The Honorable J. Wesley Oler, Jr., denied the Defendant's petition in his Order dated August 16, 2001. The parties ""m_~ , , . . ; ; ,,'--~ ,., -~., ~ , ~ , , , '''"j; ",- '" then appeared at Judge Oler's direction for a conciliation conference on August 29, 2001 before Jacqueline Verney, Esquire. A temporary Visitation Agreement was agreed to pending the outcome at a hearing scheduled for November 28, 2001. It is the Plaintiffs position that the Plaintiffs are, in fact, the natural parents of the minor child and that the minor child should be returned to the custody of the Plaintiffs immediately. The Defendants should be allowed liberal visitation at least initially to ensure that the transition of the minor child is as smooth as possible. It is also important that the parties work together to ensure that there is no lapse in medical care for the child. II. WITNESSES PLAINTIFF MICHAEL ALAN WHITE: Mr. White will testify as to his fitness as the natural father and to the care that he and Desiree Nicole White can provide for the minor child. PlAINTIFF DESIREE NICOLE WHITE: Mrs. White will testify as to her fitness as the natural mother and to the care that she and Michael Alan White can provide for the minor child. CAROL KLINE: Ms. Kline will testify as to the Plaintiffs fitness as natural parents. Piaintiff reserves the right to amend and supplement the list of witnesses as necessary prior to the date of the hearing. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ark C. Duffi Attorney I.D. 0.7 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff '-,-. 'C"o . '~-. - ,_.". '"__~, ". '""' - L e, .<=- -"',"" A.' ,_, ", =f'1' T,-~'- ,- - . -- r .. CERTIFICA TE OF SERVICE I, Mark C. Duffie, of the law firm of Johnson, Duffie, Stewart & Weidner, attorneys for Plaintiff, Hempt Bros., Inc., do hereby certify that I served a copy of the attached Pre-Trial Memorandum by United States Mail, certified delivery, upon the counsel listed below: HAROLD S. IRWIN, III 35 E. High Street Carlisle, PA 17013 717-243-6090 Fax: 243-9200 DATE: r{tlfftl :151990 ,-' ",. H _ .~I'_" . - d" ,\~,~"_, .. -. . - "'_""",~;~ 1, _'",. r'f. ~ , - , ~ v MIS:;HAEL ALAN WHITE and DESIREE NICOLE WHITE, P laintiffslRespondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 01-2182 CIVIL RlCHARD WHITE, SR. and LEONE WHITE, DefendantsIPetitioners IN CUSTODY IN RE: DEFENDANTS' PETITION FOR SPECIAL RELIEF ORDER AND NOW, this Y day of June, 2001, in consideration of the within motion and following telephone conference with counsel, our order of May 22, 2001, is suspended pending further order. This order is entered with the understanding that the defendants shall permit supervised visitation between the child and the plaintiffs between now and the time of the conciliation conference. BY THE COURT, Mark C. Duffie, Esquire For !be PlaintiffslRespondents ~j Harold S. Irwin, III, Esquire For the DefendantsIPetitioners :rlm , / COpy TO: tzl CLIENT D CLAIMS D WIENCL 1 D WO/ENCL SENT: ~ //'7 / gyi JOHNSON, DUFFIE, STEWART & WEIDNER TRUE COpy FROM RECCiW In ie.timonywhereof, I here ur.to ~et my hand and t sP"a1 o~, said ourt. .at Carlisle, Pa. ~~ '. (' Thi ....LI...... y .f. ...~.r;,.......' .~91. ..........,......~ ., . .. ., J> othoriotaiy , u '" '- " <- -,- ~, '- .: ~ " ~: ~-~~~~"l~?~~i:i~~,~.M-_~~~:-#-::~~ o. ,."'p<~~!l(!a~_F...,...!~~.. \ ~ ~"., , ~. 1 _ ~~ . -",.'....1' "~t', " ".,"''i'-'''"'''''''. -~ . JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W, DELUCE RALPH H. WRIGHT, fR. DAVID j. LANZA MARK C DUFFIE KEIRSTEN WALSH DAVIDSON MICHAEL r. CASSIDY LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVAN1A 17043-0109 WEBSITE: www.jdsw.com HORACE ^- JOHNSON OF COUNSEL ~- ... - TELEPHONE 717 -761 ~4540 FACSIMILE 717~761~3015 E~MAIL mail@jdsw.com WRlTER'S EXT. NO. 16 E-:MML mcd@jdsw.com July 10, 2001 The Honorable Kevin A. Hess Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Michael Alan White and Desiree Nicole White v. Richard White, Sr. and Leone White Court of Common Pleas of Cumberland County Docket No. 01-2182 Civil Dear Judge Hess: As a follow up to our telephone conference in the aforementioned matter, a conciliation has not been scheduled with Jacqueline Verney in the aforementioned matter. I have not received any such notice and Jacqueline Verney's office has not received any directive to reschedule this particular conciliation. The Court Order does reference a future conciliation but does not in fact order the scheduling of the same. At your convenience, could you direct Jacqueline Verney's office to schedule a conciliation in this matter. As always, if you have any questions or comments, please do not hesitate to call. If I am unavailable, please feel free to speak with my legal assistant, Bobbie Moore. If you call other than during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on weekdays, my Voice Mail extension is #16 and Bobbie's is #31. Please feel free to leave a message with either one of us, and we will return your call. If you would prefer, you may contact rne through my direct e-mail address.mcd@idsw.com. Very truly yours, JOHNSO~UFFI ~('( / Mafk C. Duffie & WEIDNER MCD:rjm:#147873 Enclosures cc: Harold S. Irwin, III, Esquire (via fax 243-9200) Mr. and Mrs. Michael A. White ;;- - -." ," . - ~t ~t~-t~) '--~f~:f~g~1!!liE,~. :';'-\1'~~"!IW: r ~" - ,~, ~ _ H " -' f I);' HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR DEFENDANTS MICHAEL ALAN WHITE and DESIREE NICOLE WHITE, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RICHARD WHITE, SR. and LEONE WHITE, : NO. 2001 - 2182 CIVIL TERM ,'~ Defendants : IN CUSTODY PRE-TRIAL MEMORANDUM OF DEFENDANTS LEONE WHITE AND RICHARD WHITE. SR. I. HISTORY OF CASE: Heaven Leigh White was born October 5, 2000. At the time of her birth, her parents, the plaintiffs, indicated to the child's paternal grandparents, the defendants, that they wished to relinquish their parental rights to the child. The plaintiffs stated at that time that they did not have the ability to care for the child. The defendants volunteered to take the child into their home, located in Westmoreland County, Pennsylvania, and to care for and raise the child. The plaintiffs relinquished their parental rights by a written agreement signed by both the plaintiffs and the defendants on October 7,2000. Since October 7,2000, the child has lived with and been cared for by the defendants in their Westmoreland County home. During the time she was pregnant with the child, Plaintiff Desiree Nicole White, was heard on several occasions making statements that she was going to attempt to cause a stillbirth by consuming alcohol and smoking cigarettes. From birth, the child has suffered from severe physical medical conditions that require constant supervision '"""" . . ~'" ','" ~ --'- .- ,~- -1' ,. "",'i'."" '-~',h,_ ;,'_"F ,_ ".' ,,~F ,",' ,-~" -' '0,",., -. 'T - '_' r -"''', ,> - _F ", '. .1 .,.",. '.' _ -- ,~. ~ ~', I and attention from the defendants and her medical providers. Heaven Leigh White was born prematurely with various chromosomal abnormalities and other birth defects that require close supervision and monitoring and special medical care as evidenced by the various partial medical reports. Some of the reasons that the child's physicians have advanced for the child's condition relate to the abuse of alcohol and cigarettes by the respondents during the mother's pregnancy. The defendants have averred and still believe that the respondents continue to engage in activities which would be extremely harmful for the health of the child given the child's special medical problems. The defendants have been the only caregivers for the child since her birth, have a good working relationship with the child's physicians and are willing to continue to provide the love and attention that this special needs child requires. The plaintiffs made only one visitto Westmoreland County to see the child which occurred in July of 2001. Since the temporary visitation order was entered on the recommendation of the custody conciliator, the defendants have received only one telephone call from plaintiffs. Furthermore, since the conciliation, plaintiffs have not come to defendants' home, as they indicated they would, for visitation with the child. On or about April 12, 2001, the plaintiffs commenced this action for custody of the child in Court of Common Pleas of Cumberland County. This Court scheduled a custody conciliation conference for May 16, 2001 before Jacqueline Verney, Esquire. Due to a miscommunication between defendants' Westmoreland counsel and local counsel regarding the filing of a petition for change of venue to Westmoreland County, the defendants failed to appear at the May 16, 2001 conciliation conference. This Court, on May 22, 2001 entered an Order at the plaintiffs' request that awarded immediate custody of the child to the plaintiffs. Subsequently this Court, on June 8, 2001. upon consideration of defendants' motion for special relief, filed June 4, 2001, suspended its Order of May 22, and ordered the parties to appear at a conciliation conference. <; '-~ "-~'''''''h ,_,_ --'::..-.__',"'L ."""'_~~ ,_,,_~ _.__"=,~"_.,,_"_,,~ -\.._.'2', >_,""~,'~_,"__'_"__. '__.H_'Y_"~,_^_I_ '"-""",,<,,.-, ,_~_,,__ ..,. ..-~,'.,t-,,_"_,,=. On or about July 30, 2001, defendants filed a petition for a change of venue to Westmoreland County citing the fact that the child had resided in that county since she was two days old, thatthe custodial grandparents continued to reside in that county, and because the majority of the evidence as to the future medical needs of the child existed in Westmoreland County. Nevertheless, the Honorable J. Wesley Oler, Jr. denied the defendants' petition in his Order of August 16, 2001. The parties appeared before Jacqueline Verney, Esquire for a custody conciliation conference on August 29,2001, at which time a temporary visitation arrangement was agreed to, pending the outcome of the current proceeding. During that proceeding, the defendants learned that during the month of May, 2001, the plaintiffs moved to a residence located in York County. However, this Court retained jurisdiction of the matter pursuant to its Order of August 16, 2001. Defendants' position at this time is that this Honorable Court should grant sole physical custody to the Defendants and that they remain sole custodians of the child until such time as the Plaintiffs can demonstrate that they have the desire and ability to care for the medical, physical and emotional needs of the child. Furthermore, Defendants have serious concerns regarding the behavior of the plaintiffs having an adverse effect on the well being of the child if custody was granted to the plaintiffs and as such would not be in the best interests of the child. The defendants are certainly willing to have plaintiffs continue to have supervised visitation of the child in the defendants' home in Westmoreland County. II. WITNESSES: PLAINTIFF LEONE WHITE Will testify as to details involving the communications that took place immediately following the birth ofthe child, details involving the daily care and life activities of child, and details involving on-going communications with plaintiffs. , -.",., ,- "~:'- -' '-','- -~, 'oJ""".. -'0 ___,,'__~ _" ~,_"'""_ '" '0'. .".. ,_, _,. '''Fo ,_._. _,' .,- ". 0,,\ 0,'." -1--"" ~"'o"__""'" _~__,,'~ "~.,,,' F,_ ~., ,~_~, .,.__ ,-,,-,- ~ '"-_F PLAINTIFF RICHARD WHITE. SR. Will testify as to details involving the communications that took place immediately following the birth of the child. details involving the daily care and life activities of child, and details involving on-going communications with plaintiffs. RONALD WHITE Will testify about his brother. plaintiff Michael A. White, and his temper, why he loses his jobs and related matters. STACY WHITE Is the sister-in-law of the plaintiffs and can testify about both plaintiffs' drinking habits, about the statements plaintiff Desiree N. White made about wanting the child dead, and how she has been asked by the plaintiffs to take the child if plaintiffs are awarded custody. Is also able to testify as to the living conditions in the plaintiffs' home. BILL TIGNANELLI Is SOn of defendant leone White and will testify as to the parenting abilities and character of the defendants. Was also present when plaintiffs visited defendants in August 2000, and was told by plaintiffs that the plaintiffs intended to put their then unborn child up for adoption after she was born. DAVID HEMING DEACON, FIRST BAPTIST CHURCH OF SEWARD Will testify about the character of the defendants. ROBERT E. BROWNING TREASURER, FIRST BAPTIST CHURCH OF SEWARD Will testify about the character of the defendants. He knows defendants well and has known the child from the time she was 3 days old. REVEREND RONALD FISH FIRST BAPTIST CHURCH OF SEWARD Was present when Plaintiffs Michael & Desiree White came to Westmoreland County to visit with the defendants and the child, in July, 2001. JANET BANKS NURSE - HARRISBURG HOSPITAL Can testify as to the circumstances surrounding the turn over of custody and condition of child at time of birth. ,7<1, ." ',"C ,."-",, -", '",' ".'0 '" ~ ."'\"V,_~ -'--'.,"," ',"""~' ".~",,', ''''=" _, _.01 _"~.~__". _' "-, , ", _. i-- ,-, -,~., ~ - ,- - 'ili'l'!' III. MEDICAL WITNESSES: DR. VENKATA R. DHARBHAMULLA. M.D. PEDIATRICIAN Will testify, by phone, as to the condition and progress of the child. Has been the primary care physician since defendants have had the child in Westmoreland County. Has information pertinent to the child's treatment and development. DR. ELIZABETH MCPHERSON, M.D. PEDIATRIC GENETICIST/DYSMORPHOLOGIST Will testify, by phone, as to the specific conditions that the child has suffered from and will continue to suffer from as she grows. Has examined the child and provided detailed medical reports. offered previously as an exhibit to defendants' motion for special relief. MELISSA HACKMAN OCCUPATIONAL THERAPIST ANN MINNIGH SPECIAL INSTRUCTOR KIERSTEN SHEVCHIK PHYSICAL THERAPIST DR. ALBERT W. BIGLAN. M.D. EYE DOCTOR DR. ARJMOND OTOLARYNGOLOGY IV. . OTHER WITNESSES: Defendants reserve the right to amend and supplement their list of witnesses as necessary prior to hearing. Resp ctfully Submitted, Harold S. Irwi ,III Attorney for D endant Supreme Court I 20 35 East High Street Suite 201/202 Carlisle, PA 17013 (717) 243-6090 ,":y. -._c,-""",. ",""",' ,._,_~___e." ~_~_ ~_,"'_,_ ,~ ""~~" _"""'~'_"~"'c.~" _, ~ ., "'",. _,__"_ , _0". , _< , ~ MICHAEL ALAN WHITE and DESIREE NICOLE WHITE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD WHITE, SR. and LEONE WHITE, Defendants 01-2182 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 28th day of November, 2001, this matter having been called for hearing, and the Plaintiffs having failed to appear, by agreement of counsel the order of September 6th, 2001, is modified to provide that: 1. The Defendants, the child's paternal grandparents, shall have the authority to make both emergency and non-emergency medical decisions regarding the child, which shall include the right to give permission for any and all treatment. The provision of our order of September 6th, 2000, requiring that major non-emergency decisions be made jointly is deleted. 2. The Plaintiffs shall begin the process of acquainting themselves with the child and with all of the child's medical needs. When the plaintiffs believe that they have completed this process, they may thereafter petition for further conciliation and/or hearing. By the Court, Mark c. Duf~ie: Esquire haM-deli~e.ruL For the P1a~nt~ffs 1\1 2."- . ".ot - LILT Harold S. Irwin, Esquire For the Defendant 1t -,,:;: - ~-, -'~' . <, ,',." -. .-'-.' - . <-. ~ - - , . '0 .~-