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HomeMy WebLinkAbout03-2185 BECKY L. WINKLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. OJ -~IP..s (!t"uL'--r~ IN CUSTODY THOMAS B. WINKLEMAN, JR., Defendant COMPLAINT IN CUSTODY AND NOW, this '"\ ''--day of May, 2003, comes the Plaintiff, Becky L. Winkleman, by and through her attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a statement: 1. The Plaintiff, Becky L. Winkleman, is an adult individual currently residing at 55 Fickes Road, Newville, Cumberland County, Pennsylvania, 17241. 2. The Defendant, Thomas B. Finkleman, Jr., is an adult individual currently residing at 5329 Roxbury Road, Shippensburg, Franklin County, Pennsylvania, 17257. 3. Plaintiff seeks primary physical custody and shared legal custody of the following minor children: Name Present Address Date of Birth Shawna Renee Winkleman 5329 Roxbury Rd. Shippensburg, P A 17257 11/10/97 Evan Thomas Winkleman 5329 Roxbury Rd. Shippensburg, P A 17257 03/21/01 Plaintiff and Defendant are the natural parents of the above mentioned minor children. One minor child was born in wedlock; one minor child was born out of wedlock. Document #265685 The minor children are presently in the custody of Defendant who resides at 5329 Roxbury Road, Shippensburg, Franklin County, Pennsylvania, 17257 Since birth, the minor child, Shawna Renee has resided with the following persons at the following addresses: Name Becky L. Winkleman Thomas B. Winkleman, Jr. Becky L. Winkleman Thomas B. Winkleman, Jr. Thomas B. Winkleman, Jr. Address Date 408 Crossroads-school Road Carlisle, PA 17013 From birth to 2001 55 Fickes Road Newville, PA 17241 2001 to 5/02/2003 5329 Roxbury Road Shippensburg, P A 17257 5/02/2003 to present Since birth, the minor child, Evan Thomas, has resided with the following persons at the following addresses: Name Becky L. Winkleman Thomas B. Winkleman, Jr. Thomas B. Winkleman, Jr. Address Date 55 Fickes Road Newville, PA 17241 2001 to 5/02/2003 5329 Roxbury Road Shippensburg, P A 17257 5/02/2003 to present The mother of the minor children is Plaintiff, Becky L. Winkleman, who currently resides at 55 Fickes Road, Newville, Cumberland County, Pennsylvania, 17241. The father of the minor children is Defendant, Thomas B. Winkleman, Jr., who currently resides at 5329 Roxbury Road, Shippensburg, Franklin County, Pennsylvania, 17257. 4. The relationship of Defendant to the minor children is that of natural father. The Defendant resides with the following persons: Document #265685 -2- Name Relationship Peg Bowman Mother Rick Bowman Step-Father Shawna Winkleman Daughter Evan Winkleman Son 5. The relationship of Plaintiff to the minor children is that of natural mother. The Plaintiff currently resides with the following persons: Name Relationship Self 6. Plaintiff has no information of a custody proceeding concerning the minor children pending in a court of law of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor children or claims to have custody or visitation with respect to the minor children. 7. The best interest and permanent welfare of the minor children will be served by granting the relief requested because: (a) Plaintiff, Becky L. WInkleman, is in the best position, both financially and emotionally, to provide a stable and responsible environment for the raising of the minor children; (b) Plaintiff, Becky L. WInkleman, has been the primary caretaker of the minor children since birth; - 3 - Document #265685 (c) Defendant, Thomas B. Winkleman, Jr., has taken the minor children and refused Plaintiff access to the minor children; and (d) The best interest and permanent welfare of the minor children will best be served by maintaining a relationship with their mother. 8. Each parent whose parental rights to the minor children have not been terminated and the person who has physical custody of the minor children have been named as parties to this action. WHEREFORE, the Plaintiff, Becky L. WInkleman, requests the Court to grant her primary physical custody and shared legal custody of the minor children. METZGER, WICKERSHAM, KNAUSS & ERB, P.c. By (~ ~ Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: S"'-l-G":> -4- Document #265685 VERIFICATION I, Becky L. Winkleman, verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ti~ /tU Becky L. ~eman .-;I Dated: S - 7 -03 Document #265685 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Complaint for Custody with reference to the ~L-. foregoing action by first class mail, prepaid, this ~ day of {'\v-. () , 2003, on the following: Thomas B. Winkleman, Jr. 5329 Roxbury Road Shippensburg, P A 17257 ~~ Andrew C. Spears, Esquire Document #265685 ~\.~ 10 v,() - (,J ~ ~ -tJ ,~ ~ Lv ~ C' ~o~ __ -Ci r~\.' .... {'-"~ .. ~- r., :~:; L_ ( ;-.'. " ., ~1: ,- ,~ BECKY L. WINKLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. 03 - ~JPS ~,u~L '-r92J-Y\ IN CUSTODY THOMAS B. WINKLEMAN, JR., Defendant ORDER AND NOW this /;. ~ day of tn /iY , 2003, it is ORDERED that: (2) nter an Emergency Order instructing the D (3) yother relief deemed just and approp' from the Court. g ~ .. .. c;.J. l~ .. ~t~ ~.- · A__ &-- 1"0- a.. ~ ."0 ~"O.t -- r a I) 8:)0 A./A. ~ ~~ 1:l r". Ir M~ I~J ~o J BY THE COURT . tap.~ ~ R \{3 05 -I ;;2 -([3 J. Document #: 265688.1 / \f\~'\'11\iJS\\\\<?.d 1 \ t'\\nn'~' ,-:' :""-:,,C-V'~n'J i\.!J I"'" " \ .. \ ,~n , I \ I ,\"j .QJ \ ,'~' ~ \ \ 'r\ V ~ \ . ,Q {.. ;,.,', ,,"': BECKY L. WINKLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W NO. OJ - (;lIPS C!.,iA 'T~ THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. Plaintiff/Petitioner is Becky L. Winkleman, who currently resides at 55 Fickes Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant/Respondent is Thomas B. Winkleman, Jr., who currently resides at 5329 Roxbury Road, Franklin County, Pennsylvania, 17257. 3. The parties are the parents of two minor children: Shawna Renee Winkleman (d.o.b. 11/10/1997); and Evan Thomas Winkleman (d.o.b. 03/21/01). 4. On May 2, 2003, while Plaintiff was visiting family, Defendant removed the minor children out of Plaintiff's residence where they had been living since Defendant moved out on April 11, 2003. Since that time, Defendant has continued to refuse Plaintiff access to the minor children. 5. Prior to May 2,2003, the minor children resided with Plaintiff, with Defendant having periods of visitation every other weekend. 6. Since the birth of both minor children, Plaintiff has been the primary caretaker for the minor children. 7. Defendant has never shown any interest in the minor children until this incident and does not know how to adequately care for the minor children. Document #: 265688.1 8. Defendant continues to refuse to allow Plaintiff to have contact with the minor children. 9. Plaintiffis concerned that the minor children will be irreparably harmed if allowed to remain in Defendant's care, as he has a history of violent and abusive behavior. 10. Plaintiff is concerned that Defendant will continue to refuse to allow her access to the minor children. 11. It is in the best interest of the minor children to be reunited with their mother who has been their primary caretaker since birth. WHEREFORE, Plaintiff/Petitioner respectfully requests this Honorable Court for the following relief: (1 ) Enter an Emergency Order instructing the Defendant/Respondent to return the minor children to the Plaintiff/Petitioner; (2) Enter a Temporary Order limiting the Defendant's/Respondent's partial physical custody to visitation; and (3) Any other relief deemed just and appropriate from the Court. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By C~~.. Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant/Petitioner Dated: ~ 1 ~c '"\ -2- Document #: 265688.1 VERIFICATION I, Becky L. Winkleman, verify that the statements made in the foregoing Petition for Emergency Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ik-i!lJ(Jj-~ Bec L. Wi Dated: 5-7-03 Document #: 265688. J CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Petition for Emergency Relief with . ('t\ reference to the foregoing action by first class mail, postage prepaid, thisl \h.day of~, 2003, on the following: Thomas B. Winkleman, Jr. 5329 Roxbury Road Shippensburg, P A 17257 ~1 ~/. Andrew C. Spears, "Equire Document #: 265688.1 -lQ - p ~ ~'"-6 - ~ () ~ ~ p:! ~f:,~ r J:- (") 5: -" ~ ' ri.~ r ~--: ~:( ~: ~. -- ~~C' __4 -;:~ ~; ~ :,"l u .. -J _... -~ jT 1 -, BECKY L. WINKLEMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-2185 CIVIL ACTION LAW THOMAS B. WINKLEMAN, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 16, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa F. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, FA 17043 on Monday, June 16, 2003 at 8:30 AM 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 hearin~. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~7fO~~~""'~ .~ ~ '7/"" ~ f?'I7J,* '2 ~t?~.~ .~ ['Q- '?/F g'/. ?/ F ct? ?/-r ., VI N\~/l\l )\~\i I\! '=!c! AJ.J<rv"("~' .',_:'",~' ~~-J'S"5;/\JnJ r,0 :'1 r:d (1 I i ..1 ('n ~.' l l\... ~'~ ~ u A8\(LCil '; 'j . :10 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA '~ BECKY L. WINKLEMAN, v. CIVIL ACTION - LAW NO. 03 -aa>s Ciu~L<-r€ll.rv\ THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY ORDER AND NOW, this day of , 2003, you, are ORDERED to appear III person in the Pennsylvania on o'clock a.m./p.m. for a Custody at Conciliation Conference. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street, P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 BY THE COURT: Date Custody Conference Officer Document #265685 BECKY L. WINKLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W NO. OJ -;lIPS <2t~L~~ IN CUSTODY THOMAS B. WINKLEMAN, JR., Defendant COMPLAINT IN CUSTODY AND NOW, this"\ \L....day of May, 2003, comes the Plaintiff, Becky L. Winkleman, by and through her attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a statement: 1. The Plaintiff, Becky L. Winkleman, is an adult individual currently residing at 55 Fickes Road, Newville, Cumberland County, Pennsylvania, 17241. 2. The Defendant, Thomas B. Finkleman, Jr., is an adult individual currently residing at 5329 Roxbury Road, Shippensburg, Franklin County, Pennsylvania, 17257. 3. Plaintiff seeks primary physical custody and shared legal custody of the following minor children: Name Present Address Date of Birth Shawna Renee Winkleman 5329 Roxbury Rd. Shippensburg, P A 17257 11 /l 0/97 Evan Thomas Winkleman 5329 Roxbury Rd. Shippensburg, P A 17257 03/21/01 Plaintiff and Defendant are the natural parents of the above mentioned minor children. One minor child was born in wedlock; one minor child was born out of wedlock. Document #265685 The minor children are presently in the custody of Defendant who resides at 5329 Roxbury Road, Shippensburg, Franklin County, Pennsylvania, 17257 Since birth, the minor child, Shawna Renee has resided with the following persons at the following addresses: Name Becky L. Winkleman Thomas B. Winkleman, Jr. Becky L. Winkleman Thomas B. Winkleman, Jr. Thomas B. Winkleman, Jr. Address Date 408 Crossroads-school Road Carlisle, P A 17013 From birth to 2001 55 Fickes Road Newville, PAl 7241 2001 to 5102/2003 5329 Roxbury Road Shippensburg, P A 17257 5102/2003 to present Since birth, the minor child, Evan Thomas, has resided with the following persons at the following addresses: Name Becky L. Winkleman Thomas B. Winkleman, Jr. Thomas B. Winkleman, Jr. Address Date 55 Fickes Road Newville, P A 17241 2001 to 5102/2003 5329 Roxbury Road Shippensburg, P A 17257 5102/2003 to present The mother of the minor children is Plaintiff, Becky L. Winkleman, who currently resides at 55 Fickes Road, Newville, Cumberland County, Pennsylvania, 17241. The father of the minor children is Defendant, Thomas B. Winkleman, Jr., who currently resides at 5329 Roxbury Road, Shippensburg, Franklin County, Pennsylvania, 17257. 4. The relationship of Defendant to the minor children is that of natural father. The Defendant resides with the following persons: Document #265685 -2- Name Relationship Peg Bowman Mother Rick Bowman Step-Father Shawna Winkleman Daughter Evan Winkleman Son 5. The relationship of Plaintiff to the minor children is that of natural mother. The Plaintiff currently resides with the following persons: Name Relationship Self 6. Plaintiff has no information of a custody proceeding concerning the minor children pending in a court of law of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor children or claims to have custody or visitation with respect to the minor children. 7. The best interest and permanent welfare of the minor children will be served by granting the relief requested because: (a) Plaintiff, Becky L. WInkleman, is in the best position, both financially and emotionally, to provide a stable and responsible environment for the raising of the minor children; (b) Plaintiff, Becky L. WInkleman, has been the primary caretaker of the minor children since birth; - 3 - Document #265685 (c) Defendant, Thomas B. Winkleman, Jr., has taken the minor children and refused Plaintiff access to the minor children; and (d) The best interest and permanent welfare of the minor children will best be served by maintaining a relationship with their mother. 8. Each parent whose parental rights to the minor children have not been terminated and the person who has physical custody of the minor children have been named as parties to this action. WHEREFORE, the Plaintiff, Becky L. WInkleman, requests the Court to grant her primary physical custody and shared legal custody of the minor children. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By (..J.- ~ Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 Harrisburg, PAl 711 0-0300 (717) 238-8187 Attorneys for Plaintiff S"'-l- Q> Dated: -4- Document #265685 VERIFICATION I, Becky L. Winkleman, verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~- f!u- Becky L. ~eman ~ Dated: S - 7 -03 Document #265685 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Complaint for Custody with reference to the ~l., foregoing action by first class mail, prepaid, this ~ day of A~ () , 2003, on the following: Thomas B. Winkleman, Jr. 5329 Roxbury Road Shippensburg, P A 17257 ~~ Andrew C. Spears, Esquire Document #265685 ~ p~. ~ V:. 't ~ '-.J ~ ~ (,J 6 ~ ~l ~~ r ~ ~~ o c::. c- ;.,' Z "'ciC." - ~.~::' =< "~~ en .,c . /_. c.' ~. .')::::..~_ .-c " Z' ~~; - ~ .":1 :3 :_'1 -. .::- ~.:J --< JUN 1 2 Z003 '\:l Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2185 CIVIL TERM BECKY L. WINKLEMAN, v. CIVIL ACTION - LAW THOMAS B. WINKLEMAN, JR., IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 11th day of June, 2003, counsel for the Plaintiff having advised the Conciliator that the parties have reached a comprehensive settlement and desire to cancel the Custody Conciliation scheduled for June 16, 2003, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. !ORTrE~ ~ ~'bJ IGP~J Melissa Peel Greevy, Esquire Custody Conciliator Dis!: Andrew C. Spears. Esquire, PO SOl( 5300, Harrisburg, PA 17110-0300 _ ... A _ .J (13 0:> ~ /~ (,- .'-.J Thomas S. Diehl, Esquire, PO Sox 1290, Carlisle, PA 17013 ~ U - 9-. :214226 1fiN'v'AlASNr,gd }J.t\jnO~-1 t;~-,:'-~:~71!~1;^ln8 ;':: :1') IIV r I NilI' EO " jO ~~-':"'-I BECKY L. WINKLEMAN, v. Plaintiff THOMAS B. WINKLEMAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 03-2 I 85-Civil Tenn IN DIVORCE AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff Becky L. Winkleman, in the above- captioned divorce action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant on July 2, 2003. Attached hereto, marked as Exhibit A and incorporated herein by reference, is an Acceptance of Service signed by Defendant's counsel, Thomas S. Diehl, Esquire. Date: ~\~,~ Dnr>JIn....., it. ??QOQQ , METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: (~ --- Andrew C. Spears, Esquire Attorney LD. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff BECKY L. WINKLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03-218S-Civil Term THOMAS B. WINKLEMAN, JR., Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Thomas S. DieW, Esquire, counsel for Defendant, Thomas B. Winkleman, Jr., hereby certify that I ~uthorized do so this L day of accept service of the Complaint in Divorce on behalf of my client and ,2003. THE LAW OFFICE OF THOMAS S. DIEHL ) By o as S. Die , Esquire Law Offices of Thomas S. DieW One West High Street, Suite 208 P.O. Box 1290 Carlisle, P A 17013 Attorney for Defendant 283630-1 0 , 0 C (...J ,",1 'j":- -c' _..~ c' ni - ..') , ;-~ 1."1 ;~ , \~) <n Co , -< (~l r:" C < ~t) --'I -r-. _ (') ~, , :f;( f'-) >:; on L :'.::j -;..~ -, ~. mL ~J' ~lJ -_OJ -. (,.) -< BECKY L. WINKLEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-2898 CIVil- TERM THOMAS B. WINKLEMAN, JR., Defendant : CIVil- ACTION- LAW : IN DIVORCE BECKY L. WINKLEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-2185 CIVil- TERM THOMAS B. WINKLEMAN, JR., Defendant : CIVil- ACTION- LAW : IN CUSTODY PETITION OF COUNSEL FOR LEAVE TO WITHDRAW Thomas S. Diehl, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw as Counsel for the Defendant, Thomas B. Winkleman, Jr., and in support thereof, avers as follows: I. Petitioner is Thomas S. Diehl, Esquire. 2. Respondent is Thomas B. Winkleman, Jr. 3. Petitioner was retained by the Respondent on or about May 14, 2003 to represent him in the above-captioned actions. 4. Respondent has failed to pay billed fees, and has been notified in writing of Petitioner's intention to withdraw as counsel. 5. Petitioner's continued representation of the Respondent without compensation would result in an unreasonable financial burden to the Petitioner. 6. Plaintiff, Becky Winkleman, is represented in these matters by Andrew C. Spears, Esquire. WHEREFORE, the Petitioner, Thomas S. Diehl, Esquire, respectfully requests this Honorable Court to issue a Rule upon the Respondent to show cause, if any, why the Petitioner should not be granted leave to withdraw as counsel. Respectfully submitted, Date: September 24, 2003 T mas S. Diehl, Es ire ne West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 J.D. Number: 78942 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4909 relating to unsworn falsification to authorities. ~~1i- I' ! . , , . . i / / ; . re CERTIFICATE OF SERVICE I hereby certify this 30th day of September 2003, that a true and correct copy of the foregoing document was served on the following individuals via first-class mail, postage prepaid: Andrew C. Spears, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Thomas B. Winkleman, Jr. 5349 Roxbury Road Shippensburg, PA 17257 By ~berly L. 0 g Legal Assistant (") 0 0 c w -" S 0 .-, -UlT' n ,'~'fj n1tt -I "r-- Z.__ I ,.,rn ZC ;~~~ 2; cJ5)" -(/ r;:::' -0 ~1 -j r :i> :i~ :','):::.J Zl,_> _.,,..<.., ",={ J 'f! . ',.-rTl p~~ '~) -"I :::> ',- -, '];J =<' (X) -< BECKY L. WINKLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03-2185-Civil Term THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY STIPULATED CUSTODY AGREEMENT WHEREAS, Becky L. Winkleman (hereinafter referred to as "Mother") and Thomas B. Winkleman, Jr. (hereinafter referred to as "Father") are the natural parents of Shawna Renee Winkleman (d.o.b. 11110/1997 and Evan Thomas Winkleman (d.o.b. 03/2112001); hereinafter referred to as the "Minor Children"); and WHEREAS, Mother and Father desire to make arrangernents for the custody and visitation of the Minor Children; and WHEREAS, both parties have been advised by counselor have had the opportunity to be advised by counsel; and WHEREAS, the parties intend to submit this Stipulated Custody Agreement to the Court of appropriate jurisdiction for incorporation and merger into a Court Order approving said Agreement. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: I. The parties shall share legal custody of the MinOJr Children. 2. Phvsical Custody: 280924-1 The parties have agreed that Mother and Father shall share physical custody ofthe Minor Children and will alternate months beginning June 2003 and rotated on a two-year cycle with the following schedule: a. Mother shall have physical custody of the Minor Children in even months for Yearl; b. Father shall have physical custody of the Minor Children in odd months for Year I; c. Mother shall have physical custody of the Minor Children in odd months for Year 2; d. Father shall have physical custody of the Minor Children in even months for Year 2; e. However, the month of January will be all exception. Whichever parent does not have physical custody of the Minor Children in December, that parent shall have physical custody of the Minor Children for the first two weeks of January. The parent who does have physical custody of the Minor Children for the month of December, that parent will have physical custody of the Minor children for the last two weeks of January. f. During the months when Mother has physical custody ofthe Minor Children, Father shall have two (2) days of visitation every wee:k which will be determined by the parties based upon their schedules. g. During the months when Father has physical custody of the Minor Children, Mother shall have two (2) days of visitation every week which will be determined by the parties based upon their schedules. 280924-1 3. Holidavs: a. Mother's Day/Father's Day: Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. In the even that this holiday falls on the non-custodial parents month, the period of custody shall be from 10:00 o'clock a.m. to 8:00 o'clock p.m.. b. Other holidays: The parties have an alternating holiday schedule which shall begin with Mother having Memorial Day of2003. The following holidays will be alternated: 1. Easter 2. Memorial Day 3. Fourth ofJuly 4. Labor Day 5. Thanksgiving c. Christmas: Christmas shall be shared on an A/B schedule. "Segment A" shall be from December 24 at 5:00 o'clock p.m. until December 25 at 1:00 o'clock p.m.. "Segment Boo shall be from December 25 at 1:00 0' clock p.m. lmtil December 26 at 5 :00 o'clock p.m.. Mother and Father will alternate the segments, with Mother having "Segment A" and Father having "Segment Boo in even-numbered years and Mother having "Segment Boo and Father having "Segment A" in odd-numbered years. 4. Both parties agree to cooperate with one another in the implementation of the aforesaid Agreement and understand and agree that other chang(:s or modifications in the aforesaid schedule and/or times specified may be necessary to enable both parents to continue to 280924-1 foster and develop a good and healthy relationship with the Minor Children. To that end, the parties agree to cooperate with one another to encourage the Minor Children's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the Minor Children's relationship with either parent. Neither party shall make disparaging comments about the other in front of the Minor Children, nor will they permit any other relative or any other third party to do so. 5. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must inform the other ofhislher new address and telephone number within thirty (30) days. 6. Both parties agree that neither party shall remove the Minor Children from the State of Pennsylvania for an extended period of time without prior notification and approval of the other party. 7. The parties agree that the Minor Children shall have liberal rights oftelephone contact with the non-clilstodial parent, no matter who is exercising hislher right to physical custody. 8. Both parties agree that this Agreement may only be modified in writing or through further Order of this Court. 9. This Agreement shall be effective immediately upon signature by both parties, and its validity is not contingent upon Court approval. WHEREFORE, the parties pray that the Court enter the Order attached hereto. 280924-1 We verify that the statements made in this Agreement are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !i 4904 relating to unsworn falsification to authorities. Date: 9/;?4JJ' ,c..I ,/td . Becky L. W' an Date: 7- '7-CJ::J ~cn ~__~'?~ '/ .J Thomas B. Winkll~man, Jr. 280924-1 +~ (") ~ -0'(":", rnn z-n 2'C (j'-."', t=St.'. <::: )> -- zJ~) ___C'l )> .- c...: z :;! C) La -;r: :2 I _J o --n :::J -"t) :3:: ""'1 ,~. :.c ,;---;; - '-j ~:;J ';:(;:,~~ -.' ) J'i1 "-;': :::> ....J ..7'-1 -,> '=" -< Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BECKY L. WINKLEMAN, v. CIVIL ACTION - LAW NO. 03-2185-Civil Term THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY STIPULATED CUSTODY AGREEMENT WHEREAS, Becky L. Winkleman (hereinafter referred to as "Mother") and Thomas B. Winkleman, Jr. (hereitjafter referred to as "Father") are the natural parents of Shawna Renee Winkleman (d.o.b. 11I~0/1997 and Evan Thomas Winkleman (d.o.b. 03/2112001); hereinafter referred to as the "Minpr Children"); and WHEREAS, ~other and Father desire to make arrangements for the custody and visitation of the MinoriChildren; and WHEREAS, bJth parties have been advised by counselor have had the opportunity to be advised by counsel; an,(! WHEREAS, the parties intend to submit this Stipulated Custody Agreement to the Court of appropriate jurisdic.ion for incorporation and merger into a Court Order approving said Agreement. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: I. The paIjties shall share legal custody of the Minor Children. 2. Phvsic~ Custodv: 280924-1 The parties have agreed that Mother and Father shall share physical custody of the Minor Children and will alternate months beginning June 2003 and rotated on a two-year cycle with the following schedule: a. Mother shall have physical custody of the Minor Children in even months for Yearl; b. Father shall have physical custody of the Minor Children in odd months for Year 1; c. Mother shall have physical custody of the Minor Children in odd months for Year 2; d. Father shall have physical custody of the Minor Children in even months for Year 2; e. 1--Iowever, the month of January will be an exception. Whichever parent does not have physicalicustody of the Minor Children in December, that parent shall have physical custody ofthe Minor Children for the first two weeks of January. The parent who does have physical custody pfthe Minor Children for the month of December, that parent will have physical custody ofth~ Minor children for the last two weeks of January. f. During the months when Mother has physical custody ofthe Minor Children, Father shall have two (2) days of visitation every week which will be determined by the parties based upon Itheir schedules. g. puring the months when Father has physical custody of the Minor Children, Mother shal~ have two (2) days of visitation every week which will be determined by , the parties based upon Itheir schedules. 280924-1 3. Holidavs: a. Mother's Day/Father's Day: Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. In the even that this holiday falls on the non-custodial parents month, the period of custody shall be from 10:00 o'clock a.m. to 8:00 o'clock p.m.. b. Other holidays: The parties have an alternating holiday schedule which shall begin with Mother having Memorial Day of2003. The following holidays will be alternated: 1. Easter 2. Memorial Day 3. Fourth of July 4. Labor Day 5. Thanksgiving c. Christmas: Christmas shall be shared on an A/B schedule. "Segment A" shall be from December 24 at 5:00 o'clock p.m. until December 25 at 1:00 o'clock p.m.. "Segment Boo shall be from December 25 at 1:00 o'clock p.m. until December 26 at 5:00 o'clock p.m.. Mother and Father will alternate the segments, with Mother having "Segment A" and Father having "Segment Boo in even-numbered years and Mother having "Segment Boo and Father having "Segment A" i~ odd-numbered years. 4. Both pal(ties agree to cooperate with one another in the implementation ofthe aforesaid Agreement mid understand and agree that other changt:s or rnodifications in the , aforesaid schedule andipr times specified may be necessary to enable both parents to continue to 280924-1 foster and develop a gQod and healthy relationship with the Minor Children. To that end, the parties agree to cooperate with one another to encourage the Minor Children's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the Minor Children's relationship with either parent. Neither party shall make disparaging comtnents about the other in front of the Minor Children, nor will they permit any other relative or arty other third party to do so. 5. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent muSt inform the other ofhislher new address and telephone number within thirty (30) days. 6. Both p*ies agree that neither party shall remow the Minor Children from the , State of Pennsylvania tor an extended period of time without prior notification and approval of the other party. 7. The Par1ies agree that the Minor Children shall have liberal rights oftelephone contact with the non-clj.stodial parent, no matter who is exercising hislher right to physical custody. 8. Both patties agree that this Agreement may only be modified in writing or through further Order of this Court. i 9. This Agfeement shall be effective immediately upon signature by both parties, and its validity is not c$ntingent upon Court approval. WHEREFORE~ the parties pray that the Court enter the Order attached hereto. 280924-1 We verify that the statements made in this Agreement are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: 9/9413 ~ CfLd. Becky ~an Date: 7- 7-0:3 /??__ /;?~ /-' /C/') Thomas B. Winkleman, Ir. 280924-1 -'Of (") 0 (") c: (...) ""'f1 "?: z -oc.-, ,:> rnr";"j ._e':.... ~~:-.rl I ~1 61~<' _ r~ ~:'J .....J , , (') -<< .. !<:\,.' r"<J ., -" )>--. ::::: . ('S Zl~ ' ~_.CJ , .-, i-Tl ;.l>' ~'? '-- .::"1 Z -,-., ::;! ::> :.0 ...J -< & 1\ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (5 BECKY L. WINKLEMAN, v. CIVIL ACTION - LAW NO. 03-2185-Civil Term THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY AND NOW, this ORDER OF COURT t 7"" day of tJ ~ , 2003, upon review and consideration of the Stipulated Custody Agreement of the parties, a copy of which is attached hereto, said Agreement is hereby APPROVED, ADOPTED, MERGED, and INCORPORATED herein as the Order of this Court. 1. cc: ~drew C. Spears, Esquire, Attorney for Plaintiff ~~as S. DieW, Attorney for Defendant " . p~~ 1/\' '\ ~""~ r'I-0 \\_y I 280924-1 ,( lM!~~1I~J1~X^!:l;"~,, "';v.;no ; [::6 tlV L I liON to J,y,"n'.: v"-"':;",.",c",:.' -n ';;ljl:J:'!()-O~;II.J "';'J .....'1,; BECKY L. WINKLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-2185 THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~~ 3301(c) of the Divorce Code was filed on May 8, 2003 and served upon Defendant on July 2, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., ~ 4904, relating to unsworn falsification to authorities. Dated: ::zj/10 if b~~ Iv_ Becky L. Wi an 298025-1 o " ;,:;; [R}~? ;;?fr; ::;"",'-;';. ..,--,:...:... ~-:::C:; ~-!':.~: i" ,,::':. -:..., '0;:.; (...J ~- c: :-:..::: =< ....., <=> <=> ..,.. :x ;:,:.. :;0 I U1 o 'TI 3:: nl:!J r- "6/71 t5 -, :c-rt 0" -7(") Om ::--1 > .XT -< v ~ ~ .r:- CD BECKY L. WINKLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-2185 THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE UNDER & 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: M'f y{d~U-/ Becky L. Wi an ....I 298025-1 (') ......, 0 = c; = "Tl .r:- :x: ::::l - ~.. J_ "Tl (;, ;;;0 i~ .,-;.... .J' Z~: I (ll.'-::' U1 0 / ' ~. --, ~~ -0 ::t:=t{ {~.~ 0-- ~ ::~O > ( ......}m c:::: N ~ 5 .:=- 'P -< 0:> -< BECKY L. WINKLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-2185 THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~~ 3301(c) of the Divorce Code was filed on May 8,2003 and served upon Defendant on July 2,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry ofthe Decree. I verify that the statements made in this Affidavit are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., ~ 4904, relating to unsworn falsification to authorities. Dated: .~II,r;/{f1 ( I ( ~/~~ c;7; Thomas B. Winkleman, Jr. 298025-1 (') :;; ~~-,T(:;:j '-'JP't 2~ I:~~i ~2_'~ <' ~~~~ ;.:' :< ....., = = .c- o .1 ::;:l ni :!J ,- ~~ 0:0 '7(') (~m ~;:} :~-J -< ::l:: :;;'po :::-0 I c:.n -0 == ':':' .:=- 0) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BECKY L. WINKLEMAN, v. CIVIL ACTION - LAW NO. 2003-2185 THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE UNDER /il3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. ~ 4904 relating to unsworn falsification to authorities. Dated: J-jI~/ 0 V ~-~~~ Thomas B, Winkleman, Jr. 298025-1 =;~1 -< ...., = = ,L- :m: :0,.,. ;;0 I (JJ o 'Tl --l :c nl:D r- :89 ~6 .1- "Tj o:!! ~s ?i1 ;::--1 ~ -( -" 3: ~ .s=- CO Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BECKY L. WINKLEMAN, v. CIVIL ACTION - LAW NO. 03-2 I 85-Civil Term THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW THIS ~)L. day of January, 2005, the Petitioner, Becky L. Winkleman, by and through her attorney, Andrew C. Spears, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., files the within Petition of which the following is an averment: 1. Petitioner is Plaintiff Becky L. Winkleman (hereinafter "Mother"), natural mother ofthe following Minor Children: Shawna Renee Winkleman, d,o,b, 11/10/1997, and Evan Thomas Winkleman, d.o.b. 03/21/2001, (hereinafter the "Minor Children"). Mother currently resides at an address which is undisclosed out offear for her safety. 2. Respondent is Defendant Thomas B. Winkleman, Jr. (hereinafter "Father"), natural father of the Minor Children. Father currently resides at 146 N. East Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about November 17, 2003, a custody Order was entered on the basis of an agreement reached by the parties. 4. The Custody Order dated November 17, 2003 is attached as Exhibit A and incorporated herein by reference and provides, inter alia, that the custody of the Minor Children shall be exercised between the parties as follows: a. The parties shall share legal custody ofthe Minor Children; b. Mother shall have physical custody ofthe Minor Children in even months, c. Father shall have physical custody of the Minor Children in odd months. 304422-1 d. During the months when Mother has physical custody ofthe Minor Children, Father shall have two days visitation every week which will be determined by the parties based upon their schedules; and e. During the months when Father has physical custody ofthe Minor Children, Mother shall have two days visitation every week which will be determined by the parties based upon their schedules. 5. Since the entry of said Order there have been significant changes in the custodial circumstances, and Mother wishes to modify the existing custody schedule, 6. Since the time of said Order, the parties have not exercised custody as outlined in that Order. Instead, by mutual agreement of the parties, Mother has exercised primary physical custody of the Minor Children, with Father exercising partial physical custody on alternating weekends. 7, Mother believes that it is not in the best interest ofthe Minor Children to have them bounced around from month to month, as set forth in the prior custody arrangement. 8, Further, Mother believes that it is in the Minor Children's best interest that they live primarily with her, as Father has demonstrated unstable and violent behavior, was recently incarcerated, and is currently on probation, Further, Father has been demonstrating a pattern of harassing and threatening behavior towards Mother, which has her extremely concerned for the Minor Children's safety and well-being, 9. The best interests ofthe Minor Children will best be served if this Honorable Court modifies the aforementioned Custody Order so that they will have a continuous and steady relationship with their Mother. 304422-1 10, Mother respectfully requests that said Order be modified, confirming shared legal custody of the Minor Children to both parents and granting primary physical custody of the Minor Children to Mother with partial physical custody ofthem to Father. WHEREFORE, Petitioner Becky L. Winkleman respectfully requests that this Honorable Court grant the modification to the Custody Order as set forth above. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By \rJl t..-- Andrew C. Spears, Esquire Attorney I.D, No. 87737 P,O, Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Petitioner Dated: \- 'h-a \- 304422.1 VERIFICATION I, Becky L. Winkleman, verify that the statements made in the foregoing Petition to Modify Custody Order are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~lJ{~().J~ Becky L. leman Dated: J- J4-6 ') , 304422-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P .C., hereby certify that I served a true and correct copy of the Petition to Modify Custody Order with reference to the foregoing action by first class mail, postage prepaid, this ~day of January, 2005, on the following: Thomas B. Winkleman, Jr. 146 North East Street Carlisle, P A 17013 C 1J'-f _ Andrew C, Spears' Esquire 304422-\ (:) ~ N ~ r--" c) '\ (') C.::I (,:::.) -n " , #- "' -q C) r'rJ 9J (J GJ -- I &- ...tJ ~ 0) <> ~ .t.::. ...0 -- ~ " R ), '"':9 .r- -, co ---L. BECKY L. WINKLEMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 03-2185 CIVIL ACTION LA W THOMAS B. WINKLEMAN, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 10, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on _.E~i<!llJ,,--Ma~c_~I1, 2005 at ):30 !,M for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or ifthis 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 mav 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 Melissa P. GreevT, Esq. Custody Conciliator _jLlY'I The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For infonnation 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 tilt: court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedt()rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4~ $v' %- 1'fT'''' 1/4; fJJ/C ,f;?7 tr;:l'yrt/ 711/;'1-. .<;V ,} / ' t r"",* V' ''1 1'fI~~" ~7 1.,/,&,}1 ? \ ..'~~ l},,_\ \.1, ~ - Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BECKY L. WINKLEMAN, v, CIVIL ACTION - LAW NO. 03-2 I 85-Civil Term THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY STIPULATED CUSTODY AGREEMENT WHEREAS, Becky L. Winkleman (hereinafter referred to as "Mother") and Thomas B. Winkleman, Jr. (hereinafter referred to as "Father") are the natural parents of Shawna Renee Winkleman (d,o.b, 11/10/1997 and Evan Thomas Winkleman (d.o.b. 03/21/2001); hereinafter referred to as the "Minor Children"); and WHEREAS, Mother and Father desire to make arrangements for the custody and visitation of the Minor Children; and WHEREAS, both parties have been advised by counselor have had the opportunity to be advised by counsel; and WHEREAS, the parties intend to submit this Stipulated Custody Agreement to the Court of appropriate jurisdiction for incorporation and merger into a Court Order approving said Agreement. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. The parties shall share legal custody of the Minor Children, 2. Physical Custody: a, The parties have agreed that Mother shall have primary physical custody of the Minor Children. 30&833 b. The parties have agreed that Father shall have temporary physical custody of the Minor Children on alternating weekends from Friday at 5:30 p.m. until Sunday at 5:00 p,m. c, Further the parties have agreed that the custody exchange will take place at Mother's grandparents' home on Fridays, Further the parties have agreed that the Mother will pick up the Minor Children from Father's home on Sundays. Further, the parties have further agreed that Mother's parents may conduct the custody exchange in lieu of Mother. 3. Summers: a. During the summer vacation, the parties shall share physical custody by alternating weeks, commencing on Sundays at 6:00 p.m, b. Mother shall always have the first and last weeks of summer vacation to ensure no conflict with school. 4. Holidays: a. Mother's Day/Father's Day: Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. In the event that this holiday falls on the non-custodial parents month, the period of custody shall be from 10:00 o'clock a,m. to 8:00 o'clock p,m.. b, Other holidays: The parties have an alternating holiday schedule which shall begin with Mother having Memorial Day of20Q3, The following holidays will be alternated: 1, Easter 2, Memorial Day - 2 - 308833 ,- 3. Fourth of July 4, Labor Day 5, Thanksgiving c. Christmas: Christmas shall be shared on an A/B schedule, "Segment A" shall be from December 24 at 5:00 o'clock p,m. until December 25 at 1 :00 o'clock p.m. "Segment B" shall be from December 25 at 1:00 o'clock p,m. until December 26 at 5:00 o'clock p.m. Mother and Father will alternate the segments, with Mother having "Segment A" and Father having "Segment B" in even-numbered years and Mother having "Segment B" and Father having "Segment A" in odd-numbered years, 5. Both parties agree to cooperate with one another in the implementation of the aforesaid Agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or times specified may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the Minor Children. To that end, the parties agree to cooperate with one another to encourage the Minor Children's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the Minor Children's relationship with either parent. Neither party shall make disparaging comments about the other in front of the Minor Children, nor will they permit any other relative or any other third party to do so, 6. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must inform the other of his /her new address and telephone number within thirty (30) days. - 3 - 308833 ;' 7. Both parties agree that neither party shall remove the Minor Children from the State of Pennsylvania for an extended period of time without prior notification and approval of the other party, 8, The parties agree that the Minor Children shall have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising hislher right to physical custody. 9, This Stipulated Custody Agreement modifies and replaces the prior Agreement which had been incorporated into an Order of Court dated November 17, 2003. 10. Both parties agree that this Agreement may only be modified in writing or through further Order of this Court, 11. This Agreement shall be effective immediately upon signature by both parties, and its validity is not contingent upon Court approval. WHEREFORE, the parties pray that the Court enter the Order attached hereto, We verify that the statements made in this Agreement are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa, C.S. S 4904 relating to unsworn falsification to authorities. Date: ~~5- Bt2/[f~L~du- ~.~~~~/ Date: I "?- 9--d6~ Thomas B. Winkleman, Jr. - 4- 308833 " COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu.rY<-- bLr ( o...-...cJ On this, the 'It! day of -4IM , 2005, before me, the undersigned officer, Gold"" personally appeared Becky L. Wil<1.kulltt\, known to me or satisfactorily proven to be the person ss whose name is subscribed to in the foregoing Stipulated Custody Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '~~,(vl&. U/J6(c-h,,- Notary Public My Commission Expires: .. .~'~.-._~_._-~-----~.~'...~. t~(jj:'ifi3lSlJal A. ()Q!chm, Notary Prj.biic 1 Wp.. Cumberland Coumj' "',;~I' :~~~~;:.(.'~:"~:::2~~~~ty 2~..~:~~ ,. 'Vi"" ;,;, .'-L:/;l.'C\itICt1 G;:' 308833 . " COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cllr.<__JJ.u-IO-I'_J On this, the '1tJj day of rYhreA.. ss , 2005, before me, the undersigned officer, personally appeared Thomas B, Winkleman, Ir., known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Stipulated Custody Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ ~ffD(chf'- Notary ubl1c My Commission Expires: Notarial Seal J Michele A. Golden, Notary Public I :'.flrrtdlesex Twp., Cumberland County r.,~,< .~~T:njssiO~_ Expires July 2, _~~)::-:J .::r. PennsyJval"iiJl1.SSoclationotNo8.t",.. 308833 , ., CI:) (,..::: r., 'I ~~ r-; ~ )l"il , " BECKY L. WINKLEMAN, MAH ~ 1 LllllJeY) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEl NSYL VANIA v, CIVIL ACTION - LAW NO, 03-2185-Civil Term THOMAS B. WINKLEMAN, JR., Defendant IN CUSTODY AND NOW, this ORDER OF COURT ')fo ~ day of jH J.. , 2005, upon eVlew and consideration of the Stipulated Custody Agreement of the parties, a copy of which is attached hereto, said Agreement is hereby APPROVED, ADOPTED, MERGED, and INCO ORATED herein as the Order ofthis Court, cc: ~drew C. Spears, Esquire, Attorney for Plaintiff ~omas B. Winkleman, Jr. tn \ Wlc\Zec"ihQrc\ \,./1' ler 2..3tR v .~ ~~~,~, ~\~Js _~ _).q-O OJ 308833 J. ,. ','n.~~.-" . 'ii"..; 21 : I lid 9Z ~!'1~ soal AdV10i'iOH LObcl 3Hl :10 3J!:.HQ-a31l:l . . Flrl LESIDA T AfILE\GeneraIICun-enlll] 371.51_pral Created 9i20/04006PM Revised: 4/1/05 ]()23AM Jennifer L, Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD, 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BECKY L. WINKLEMAN, Plaintiff v. NO. 03-2185 CIVIL ACTION - LAW THOMAS B, WINKLEMAN,JR., Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Metzger Wickersham Knauss & Erb on behalf of Plaintiff in the above matter. METZGER WICKERSHAM KNAUSS & ERB By: 0:-~ ~ ---- Andrew C, pears, EsqUire LD.No, 3211 North Front Street P,O, Box 5300 Harrisburg, PA 17110 (717) 238-8187 Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiff in the above matter. MARTS ON DEARDORFF WILLIAMS & OTTO U(I (0\ By J enni er ,Spears, Esquire LD, No, 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff -:'.'d[CW) Date: I, - CERTIFICATE OF SERVICE I, Tricia D, Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Thomas B. Winkleman, Jr. 5349 Roxbury Road Shippensburg, PA '7257 MARTSON DEARDORFF WILLIAMS & OTTO e1~~p( f) ~:;)t/jl'f/ - ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: (JpM1 &/ ]6JS' (') ...., 0 = ~; = "Tl cJ' ".. ~-n --0 ;;0 cl1F ~("JtTl I -.-.9 -J ~:Sc' "{_.... .-.,....,..i 4:, -;.'- ....11 ~'^,.- \jC) _~1.. <2 or'" -\ <:::> ~?j w .<