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HomeMy WebLinkAbout03-2301DOUGLAS A. WHEELER, PLAINTIFF VS, VICTORIA N. WHEELER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, DOUGLAS A. WHEELER, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is DOUGLAS A. WHEELER, an adult individual who resides at 3 Clendenin Circle in Enola, Cumberland County, Pennsylvania. 2. The Defendant is VICTORIA N. WHEELER, an adult individual who resides somewhere in Cumberland County but whose precise residence is not known to the Plaintiff. The Defendant is employed at the Camp Hill High School and can receive notices there. That address is 2627 Chestnut Street, Camp Hill, PA 17011. 3. The Plaintiff and Defendant are formerly husband and wife and have been divorced for several years. They are the biological and lawful parents of four children: Ross Wheeler, an adult who is over the age of 18 and who is not the subject of this custody action; Abigail Wheeler, age 16, born 12 February 1 987; Keith Wheeler, age 13, born 1 5 November 1989 and Blake Wheeler, age 11, born 1 2 August 1991. All three of the minor children currently reside in the custody of Plaintiff and the oldest child, Ross, lives with Plaintiff as well. 4. The Plaintiff and Defendant are the parents of the said children. 5. Plaintiff seeks an award of primary and legal physical custody of the children. 6. The children were not born out of wedlock and are presently in the custody of the Plaintiff. 7. During the past five years, the children have resided with the following persons at the following addresses: 1997 - Summer 2000 various locations in East Pennsboro Township Joint/Shared custody of Plaintiff & Defendant Summer 2000 8 April 2003 3 Clendenin Circle Enola, Pa 17025 Plaintiff & Defendant (who resided together during that time) 8 April 2003 - present 3 Clendenin Circle Enola, Pa 17025 Plaintiff only above. 9. above. 10. The father of the children is the Plaintiff who resides at the address set out The mother of the children is the Defendant who resides at the address set out The Plaintiff is the natural father of the children. Plaintiff currently resides with the children. 11. The Defendant is the natural mother of the children. The living arrangements of the Defendant are not known to the Plaintiff. 12. Plaintiff and Defendant were parties to a prior custody action before the Court of Common Pleas of Cumberland County which was initiated during their divorce action prior to 1998. When the parties resumed living together in 2000 that action lapsed and the order entered in that action became ineffective. Other than that, Plaintiff is not aware of and has not participated in any other actions regarding the custody of the children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. Plaintiff has always provided the stable influence and provided a stable home for the children; and B. Defendant is not stable and is not capable of providing a proper home for the children; and C. Defendant left the Plaintiff and the children without prior notice or explanation, refused to disclose her whereabouts, and has had very limited contact with, and showed little interest in, the children since she left; and D. Plaintiff, by his temperament and behavior, is far better able to provide a good, stable, and proper home and upbringing for the children. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff seeks an award of primary legal and physical custody of the three minor children. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ~"o~°O~ ~~~ ~,~'~ DOUGLAS A. WHEELER DOUGLAS A. WHEELER PLAINTIFF VICTORIA N. WHEELER DEFENDANT IN THE COURT OF COMMON PLEAS OF CU19IBERLAND COUNTY, PENNSYLVANIA 03-2301 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 21, 2003 , 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 301 Market Street, Lemoyne, PA 17043 on Monday, June 16, 2003 at 10:30 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 aH existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours lwior to scheduled hearing. 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 TIlE 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 JUL 0 2 2003 DOUGLAS A. WHEELER, Plaintiff V. VICTORIA N. WHEELER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2301 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ;7' day of July, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order shall vacate all prior Orders of this Court related to custody matters of the parties' children. 2. Le.qal Custody. The parties, Douglas A. Wheeler and Victoria N. Wheeler, shall have shared legal custody of the minor children, Abigail Wheeler, born February 12, 1987; Keith Wheeler, born November 15, 1989; and Blake 'Wheeler, born August 12, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. A. Father shall have primary physical custody of Abigail Wheeler subject to Mother's rights of partial custody which shall be arranged as the parties agree. B. Custody of Keith Wheeler and Blake Wheeler shall be shared between the parties on a week-on week-off basis. The custodial exchange shall occur at 5:00 p.m. each Friday, unless otherwise agreed. Mother's first custodial week shall commence July 4, 2003. Father's next custodial week shall commence July 11,2003. 4. Holidays. The parties shall share custody of the children for holidays by mutual agreement. hO :g t,~ L- 'ii'ir go NO. 03-2301 CIVIL TERM 5. The parties shall cooperate with one and other to assure that the boys are not home alone when the other parent is available to provide for their care during the Summer school recess and during other school holidays. 6. The parties may vary from the terms of this Order by their mutual agreement. Dist: BY THE COURT: J. PauiH'lv ' ' q ' 'POB°x168'lTem°yne'PA 17 0 3'0168 ¢ e y, Esquire, PO Box 886, Harrisburg, PA 17108 0886 DOUGLAS A. WHEELER, Plaintiff V, VICTORIA N. WHEELER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2301 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME Abigail Wheeler Keith Wheeler Blake Wheeler DATE OF BIRTH February 12, 1987 November 15, 1989 August 12, 1991 CURRENTLY IN THE CUSTODY OF Father Father Father 2. A Custody Conciliation Conference was held on July 1, 2003 in response to Father's May 14, 2003 filing of a Complaint seeking primary custody of the children. Present for the conference were the Father, Douglas A. Wheeler, and his counsel, Samuel L. Andes, Esquire; the Mother, Victoria N. Wheeler, and her counsel, J. Paul Helvy, Esquire. 3. The parties reached an agreement in the form of an O~ttached. Date/ Meiissa -eel Greevy, Esquire Custody Conciliator :215506