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Home My WebLink About01-05465 HEATHER ANN SLTBLISKEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 01-5465 CIViL ACTION LAW V. MATTHEW TODD WHEELER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, September 24, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 24, 2001 at 8:30 a.m. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esc~,~ 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 cfiurt, 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 ..o-... .. _.: a ,_.. ~;.:.~,_ .,,:.. :... .. •, ".:.: .• ruse ass.~&ia5intvr~~`aba~w?tom-a:-ert~mmw>~:ei-:.s~v ~~ ~, ~~ ~71N'JltIAS'iJPd~~a ~a i ~~, ~~~ ~~ SEP 212001 HEATHER ANN SUBLISKEY, PLAINTIFF ~s. MATTHEW TODD WHEELER, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA No. ~ 1 - 5yloS CIVIL ACTION -LAW ACTION FOR CUSTODY ORDER day of , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2001, at _ o'clock _ .m., for the 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 heazd by the court, and to enter into a temporary order. All children age five or older shall also be present at the conference. Failure to appeaz at the conference may provide for entry of a temporary or permanent order. FOR TAE 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 Baz Association 2 Liberty Avenue Cazlisle PA 17013 (717)249-3166 1-800-990-9108 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. Fot information about accessible facilities and reasonable accommodafions 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. vim. - HEATHER ANN SUBLISKEY, PLAINTIFF vs. MATTHEW TODD WHEELER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA CIVIL ACTION -LAW ACTION FOR CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 Cazlisle PA 17013 (717) 249-3166 1-800-990-9108 HEATHER ANN SUBLISIi;EY, PLAINTIFF vs. MATTHEW TODD WHEELER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA CIVIL ACTION -LAW ACTION FOR CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, HEATHER ANN SUBLISKEY, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following Complaint for Custody. 1. Plaintiff is HEATHER ANN SUBLISKEY, who currently resides at 4 South West Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. 2. Defendant is MATTHEW TODD WHEELER, who currently resides at 6086 Peachtree Street, Harrisburg, Dauphin County, Pennsylvania, 17111. 3. Plaintiff seeks Full Legal and Primary Physical Custody of the following minor child: NANTE ADDRESS DATE OF BIRTH REESE AARON WHEELER 4 South West Avenue April 19, 2001 Shiremanstown, PA 4. The child was bom out of wedlock. 5. The child is presently in the custody of the Plaintiff, who resides at 4 South West Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff; Plaintiff s mother, 4 South West Avenue, Birth -Present Karen E. Subliskey; and Shiremanstown, PA Plaintiff's brother, Linus J. Subliskey 7. The Mother of the child is Plaintiff, Heather Ann Subliskey, who currently resides at 4 South West Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. The Mother is single and presently resides with her mother, Karen E. Subliskey, and her brother, Linus J. Subliskey. 8. The Father of the child is the Defendant, Matthew Todd Wheeler, who currently resides at 6086 Peachtree Street, Harrisburg, Dauphin County, Pennsylvania, 17111. The Father is single and resides with his grandparents, Don and Donna Werner. 9. The relationship of the Plaintiff, Heather Ann Subliskey, to the child is that of the Natural Mother. Mother currently resides with her mother, Karen Subliskey, and her brother, Linus J. Subliskey. 10. The relationship of the Defendant, Matthew Todd Wheeler, to the child is that of the Natural Father. Father currently resides with his grandparents, Don and Donna Werner. 11. The Plaintiff does not know of a person not a parry to the proceedings who had physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has always been the primary caregiver and has great love and concern for her son; ~:: . ~,,.,, B. Plaintiff is able to financially support and provide for her son; C. Plaintiff has always been the parent to provide medical and other care for her son; D. Plainfiff has always interacted with her son in age appropriate activities in a loving and nurturing manner; E. Defendant has never been responsible for the caze of the child for more than a few hours; F. Defendant does not provide any financial support for himself or the child; G. Defendant is still in high school; H. Defendant has no permanent residence, living between his mother and grandparents' homes; I. Defendant has a history of mental problems; J. Plaintiff wishes her son to live in a safe physical, emotional and social environment. 13. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, HEATHER ANN SUBLISKEY, respectfully requests this Honorable Court to enter an Order granting the Plaintiff, HEATHER ANN SUBLISKEY, Full Legal Custody and Primary Physical Custody of the child, REESE AARON WHEELER, and giving Defendant, MATTHEW TODD WHEELER, Partial Physical Custody of the minor child. pated:c~Y , 2001 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay C Counsel for in. PA I.D. # 64 5021 East Trindle Suite 100 Mechanicsburg PA 17050 (717)796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: ~ ~~ ~ C)O 1 2 n~ ` 7 A ~ 7-Q D k A a HEATHER ANN SUBLISKEY ~ ~ r~ C4 C I ~ o ' ~; -~, ~; .~~ ~~ ~. ~ -~' a -C ~' C ~- ~a ~, "? ',' ~,~ _~ c: ` > 2 --! sV ' i ` -~ l E~ ^; K SHERIFF'S RETURN - OUT OF COUNTY ,~ ' CASE NO: 2001-05465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUBLISKEY HEATHER ANN VS WHEELER MATTHEW TODD R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: WHEELER MATTHEW TODD but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - CUSTODY County, Pennsylvania, to On October 15th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 dep Dauphin Co 30.50 .00 67.50 10/15/2001 SUSAN CANDIELLO So answe ~~~.~ Thomas Kline S eriff of Cumberland County Sworn and subscribed to before me this J'7 ~. day of l.E'c~..,.., o2iw/ A.D. ~~ ~ ~, ~ Prothonotary in his bailiwick. He therefore `l.T~a~ ~®urt ~f ~~~tan®n Plus ~f ~'»b~~°lad C~un~.y, P~nnsylvarii~ Now, October 2, 2001 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. .,~ ,/'" Sheriff of Cumberland County, PA Af~id~vit ®~° Se>rvflce Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before the this _ day of , 20 ~, I, SHERIFF OF CUMBERLAND COUN'T`Y, PA, do ~II~'ir' County to execute this Writ, this 20, at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE AFFIDAVIT County, PA ,i .. -..... L..._. t .... .....-..m...L.~~_,...~..,_..vwc.s.~ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin 5IIBLISHEY HEATHER ANN vs • WHEELER MATTHEW TODD Sheriff's Return upon No. 2822-T - - -2001 OTHER COUNTY NO. 01=5465 AND NOW: October 4, 2001 at 10:00PM served the within COMPLAINT FOR CUSTODY WHEELER MATTHEW TODD by personally handing to MATHEW TODD WHEELER - 1 true attested copy(ies) of the original COMPLAINT FOR CUSTODY and making known to him/her the contents thereof at 6086 PEACHTREE ST HBG, PA 17111-0000 Sworn and subscribed to before me this 8TH day of OCTOBER, 2001 PROTHONOTARY (~~~t~e 1Y~ ~P ~~Pxt~~ So Answers, ~~~~~~ J. Daniel Basile Chief Depuy Michael W. Rinehart AssistatU Chief DepuTy Pa. By - ~\ ~ Deputy eriff Sheriff's Costs: $30.50 PD 10/04/2001 - RCPT NO 154969 CANTREL HEATHER ANN SUBLISKEY, Plaintiff vs. MATTHEW TODD WHEELER, Defendant .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5465 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ I1I~ day of ~/a 1~ fi~'I D f.~ 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Heather Ann Subliskey, and the Father, Matthew Todd Wheeler, shall have shared legal custody of Reese Aaron Wheeler, born April 19, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody on alternating weekends from Saturday at 9:00 a.m. through Sunday at 5:00 p.m., beginning October 27, 2001. In addition, the Father shall have custody every Tuesday and Thursday from 3:00 p.m. until 8:00 p.m., beginning October 30, 2001. In the event the Father does not have school on the day following a weekday evening period of custody, the Father shall retain custody of the Child through the following day (either Wednesday or Friday) at 5:00 p.m. Beginning Friday, January 18, 2002, the Father's alternating weekend periods of custody shall be expanded to run from Friday at 3:00 p.m. through Sunday at 5:00 p.m. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 9:00 a.m. and the Father shall have custody from Christmas Day at 9:00 a.m. through December 26 at 9:00 a.m. B. THANKSGIVING: In every year, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody from Thanksgiving Day at 7:00 p.m. through the following Friday at 3:00 p.m. If the Father has custody of the Child under the regular alternating weekend schedule on the weekend following Thanksgiving, the Mother shall have custody beginning on Sunday at 10:00 a.m. rather than at 5:00 p.m. R C. EASTER: The Mother shall have custody of the Child every year on Easter Sunday beginning at 10:00 a.m. D. MEMORIAL DAYl3ULY 4Tn/LABOR DAY: The holiday periods of custody on Memorial Day and Labor Day shall run from 9:00 a.m. until 7:OO~.m. and on Independence Day shall run from 9:00 a.m. on July 4`h through 9:00 a.m. on July 5 In even numbered years, the Father shall have custody on Memorial Day and Labor Day and the Mother shall have custody over Independence Day. In odd numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody over Independence Day. E. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. unti17:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The parties shall communicate directly with each other with regard to issues affecting the Child without the involvement of third parties. Each party shall ensure that third parties do not interfere with communications from the other parent. 6. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. After following the custody arrangements set forth in this Order for a period of at least six months, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary, to review the custody arrangements. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Susan K. Candiello, Esquire -Counsel for Mother Allen D. Moyer, Esquire -Counsel for Father . ~~ ~. , _; ,.~~t~~ie:~tti~aac!ias~s,sa~e:,~ ra, er. ie eE,s±s~s~arre~:~aua~aa~~a~va~h~,~v - ~ li~i - b~ ~, __ ~ ~'4 c~: ] t 'r ~ f; L t -_ °C-~- ., ~fL .~ ~a ~ ~ .~- u 4 ~, HEATHER ANN SUBLISKEY, Plaintiff vs. MATTHEW TODD WHEELER, Defendant -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5465 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Reese Aaron Wheeler April 19, 2001 Mother 2. A Conciliation Conference was held on October 24, 2001, with the following individuals in attendance: The Mother, Heather Ann Subliskey, with her counsel, Susan K. Candiello, Esquire, and the Father, Matthew Todd Wheeler, with his counsel, Allen D. Moyer, Esquire. 3. The parties agreed to entry of an Order in a form as attached. Date ~ Dawn S. Sunday, Esquire Custody Conciliator