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HomeMy WebLinkAbout99-05360 Z O -13 M OO?`I , ?I ,low i c - 1v? s W n ? a O a w i n w 0 > N w % 2 N 1(7 w Q (? w l n 3 Z a n d 0 a o W A ¢ m m x m a a f ¢ a 2 muas.ocsuu. m?ci...? .r •ox Wool oo ae.ms nun uus n. SEP -2 1999 LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. s-3 6 l? Defendants V ORDER OF COURT AND NOW, upon consideration of the attached -Complaint, it is hereby directed that the parties and their respective counsel appear before 'A? , the Custody Conciliator, at Fa4 ? .1t PA on the ? day of ' 1999, at --ra- o'clock 4.m., for a Pre-Heanng Cus ody Conference. At such Conference, an effort will be made to resolvd the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT: Date: ,t7 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business with the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AV 3. gi LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action with in 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 ajudgment 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 Carlisle, PA 17013 (717) 249-3166 NOTICIA Le ban demandado a usted en Is cone. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en Is corte en fora escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se deFiende, Is sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en Is peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LORRAINE WILSON, Plaintiff V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION NO. COMPLAINT FOR PARTIAL U TODYNISITATION 1. The plaintiff is Lorraine Wilson, residing at 10 Dartmouth Street, Harrisburg, 17109, Dauphin County. 2. The defendants are Theresa Strawser, residing at 105 Meadowbrook Road, Lot 14, New Cumberland, 17070, Cumberland County and James Wilson, residing at 3895 Valley Road, Marysville, 17053, Cumberland County. 3. Plaintiff seeks partial custody/visitation of the following child: Name Present Residence An Brett Palmer Strawser 105 Meadowbrook Road, Lot 14 7 New Cumberland, Cumberland County The child was born out of wedlock. The child is presently in the custody of Theresa Strawser, who resides at 105 Meadowbrook Road, Lot 14, New Cumberland, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Theresa Strawser, Jodi and Resided in an apartment in 7/94 to 6/96 Jodi's child New Cumberland, Pennsylvania Theresa Strawser 105 Meadowbrook Road, Lot 14 6/96 to 6/98 New Cumberland, Pennsylvania Theresa Strawser 105 Meadowbrook Road, Lot 14 6/98 to Present Michael Stoner New Cumberland, Pennsylvania The mother of the child is Theresa Strawser, currently residing at 105 Meadowbrook Road, Lot 14, New Cumberland, Pennsylvania. She is single. The father of the child is James Wilson, residing at 3895 Valley Road, Marysville, Pennsylvania. He is married. 4. The relationship of the plaintiff to the child is that of grandmother. The plaintiff currently resides alone. 5. The relationship of the defendant, Theresa Strawser, to the child is that of mother. Theresa Strawser currently resides with the following persons: Name Michael Stoner Brett Palmer Strawser Relationship her significant other her child The relationship of the defendant, James Wilson, to the child is that of father. James Wilson currently resides with the following person: Name Relationship Billy Joe Wilson wife 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief requested because the child has enjoyed a close bond with his grandmother and this relationship should be continued and encouraged. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, plaintiff requests the court to grant her partial custody/visitation of the child. Date: Respectfully submitted IvIILSPAW & BESHORE BY Dawn L. Lisi, Esquire Attorney I.D. No. 82155 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 Attorneys for Plaintiff Verification The above-named plaintiff, Lorraine Wilson, verifies that the statements made in above Complaint are true and correct. The petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ,y .? y y'¢ .» a<,^c/ h/?.• J Lorraine Wilson No ?S 3 a aa5?? F w Et SCR; i4 F n -? w ,N a J. NOV 2 3 199\ LORRAINE WILSON, ) Plaintilt' ) VS. ) THERESA STRAWSER and ) JAMES C.D. WILSON, ) Defendants ) IN '1'111' , COURT OF COMMON PLEAS OI; CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5360 CIVIL CIVIL ACTION- LAW ORDER AND NOW, this day of P , 1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this temporary Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The natural parents of the child, Theresa Strawser and James C.D. Wilson, shall share legal custody of their minor child, Brett Palmer Strawser, d.o.b. June 11, 1992. 2. Mother, Theresa Strawser, shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as agreed upon. 3. "The paternal grandmother. Lorraine Wilson, shall have periods of visitation with the minor child to occur one time every other week, from alter school, if the child is in school, until 7:00 p.m. Grandmother shall work with the Mother to provide her with some advance notice as to when she intends to exercise this period of visitation. Mother shall cooperate with Grandmother and acknowledges that Grandmother's schedule will sometimes not permit advance notice as to when she can exercise this period ot'visitation. 4. Grandmother shall have the child from 2:00 p.m, until 9:00 p.m. on Christmas Eve, 1999. She shall return the child to Mother's residence at 9:00 p.m. on that evening. 5. The parties acknowledge that they shall make no derogatory remarks about each other in front of the child. 6. Grandmother shall have reasonable telephone access with the minor child. 7. The parties shall reconvene for another conciliation conference before Michael L. Bangs, Esquire, on Thursday, February 24, 2000, at 9:00 a.m. BY THG COU , J. Dawn L. Lisi, Esquire Sanford Krevsky, Esquire Mark C. Duffie, Esquire mlb ?.a rrrt?? It'd $I 9 9 C,r ptrb-pcp .. ppy 99A'Oy24 Fii 2.41 CUB c_r ru r EN,^?J irn? ??114TY LORRAINE WILSON, ) Plaintiff ) \'S. ) ) THERESA STRAWSER and ) JAMES C.D. WILSON, ) Defendants ) JUDGE PREVIOUSLY ASSIGNED: None IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5360 CIVIL CIVIL ACTION - LAW CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATF CURRENTLY IN CUSTODY OF Brett Palmer Strawser June 11, 1992 Defendant Strawser 2. A Conciliation Conference was held on November 18, 1999, and the following individuals were present: the Plaintiff and her attorney, Dawn L. Lisi, Esquire; Defendant Strawser and her attorney, Mark C. Duffle, Esquim and Defendant Wilson and his attorney, Sanford Krevsky, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiffs position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as Billows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. Other matters or comments: The parties shall reconvene for another conciliation conference before Michael L. Bangs, Esquire, on Thursday, February 24, 2000, at 9:00 a.m. The parties are going to attempt to move towards an overnight visitation with Grandmother prior to the next scheduled conciliation conference. The Conciliator made it clear to all of the parties that they need to try to address the various issues that are currently between of them and work to have Grandmother re-involved with the child so that she can start having overnight visits with the child. Date: November 22, 1999 Lc Michael L. Bangs Custody Conciliator V s 3 5 q "' _z ' r = f. v V H ti kAR .t 3 2000 LORRAINE WILSON, ) Plaintiff ) vs. ) THERESA STRAWSER and ) JAMES C.D. WILSON, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5360 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION ORDER 4(l AND NOW, this _ 15 MAY d/ay of / ? ? ? 2000, a hearing is scheduled for the .?24#zm day of MA 7 , 2000, at 0 o'clock /.M., in Court Room Number Y of the Cumberland County Court House, Carlisle, Pennsylvania. Both parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony. Additionally, both parties will submit their proposal for a resolution of the matter. Pending said hearing, the Order of November 24, 1999 shall remain in full force and effect. B;ii O EDWARD E. GUIDO, J. p0 n G= no i,*. 1 6 F'i. 4: no CC y LORRAINE WILSON, Plaintiff VS. THERESA STRAWSER and JAMES C.D. WILSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5360 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: The Honorable Edward E. Guido CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), 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 BIRTHDATE CURRENTLYIN CUSTODY OF Brett Palmer Strawser June 11, 1992 2. A Conciliation Conference was held on February 24, 2000, and the following individuals were present: the Plaintiff and her attorney, Dawn L. Lisi, Esquire; Defendant Strawser and her attorney, Mark C. Duffle, Esquire; and Defendant Wilson and his attorney, Jason P. Kutulakis, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's/maternal grandmother's position on custody is as follows: Plaintiff is the maternal grandmother of the child. Prior to the summer of 1999, she claims she had regular and consistent contact with the child usually one (1) time per week. She would also have overnights periodically with the child. She consistently had a week in the summer with the child where she would take the child to the beach and she always had Christmas Eve. This broke down in the summer of 1999. Essentially, she had very limited or no contact with the child thereafter until the Order of November 24, 1999, was entered. Grandmother is requesting one overnight per month and one additional contact per month so essentially she sees the child one time every other week. She is also requesting a week in the summer, and every Christmas Eve. Grandmother is a private duty nurse and is randomly assigned to various jobs at nursing facilities so that she has an irregular work schedule. 6. The Defendant's/Mother's position on custody is as follows: The natural mother agrees with the grandmother concerning her contact with the child prior to the summer. The Mother was not willing to agree to the proposal by grandmother for a week over summer at all nor would she agree to an overnight. Her view is that the grandmother is trying to control the situation and that the parents should be the ones to determine whether or not the grandmother has any contact. Mother also raised the issue that the 8 year old son not be permitted to sleep with the grandmother when he was in her care. Apparently, the natural Mother and Father both told the grandmother that they did not want their son in her bed when the child was overnight with her. Apparently, the child reported that he did, in fact, go in and stay with his grandmother in her bed when he slept overnight. (Grandmother reports that the child woke up at 3:00 a.m. and came into her room.) 7. The Defendant's/Father's position on custody is as follows: Father's position is similar to the natural Mother's. He agrees that the grandmother had extensive prior involvement with the child up until the last summer. He believes that the parents should control the contact with the grandmother and he would not agree to a week over the summer and overnights. He relates that the grandmother disparages the parents in front of the child and is trying to control the situation. He also expressed his concerns about the child sleeping overnight with the grandmother. Apparently, the Father was not very involved with the child for some time prior to his remarriage. Now, the Father sees the child regularly. 7. Need for separate counsel to represent child: Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. A hearing in this matter will take one-half (1/2) day. 10. Other matters or comments: This is a case involving the maternal grandmother's request for visitation rights. A conciliation was originally held which resulted in an Order of November 24, 1999. A schedule was set up to get the grandmother back on track with regular contacts with the child. The hope was that the grandmother would have an overnight prior to the return for another conciliation and they could get a regular schedule in place. There is extreme animosity between the Mother and her son, the natural father. Apparently, that history goes far into their past and raised its head again this past August when his mother did not go to her son's remarriage ceremony. From the Conciliator's perspective, the relationship between the grandmother and her son is terrible and may play a significant part in this whole dispute. Grandmother's request for two contacts per month, with one being overnight, seemed extremely reasonable to the Conciliator considering her extensive involvement with the child in the past. The only caveat on this is that grandmother has to understand that the parents have the say over how the child is to be cared for while in her care. In other words, if it is their desire that the child be weaned from sleeping with grandmother or the parents, she must follow through with their request and not allow the child to come into her bed even if he is having nightmares or other problems while he sleeps over with her. Likewise, she should make sure that she does not even allow the child to sense any conflict between her and the parents if, in fact, she is saying any disparaging remarks at all. The other issues concerning her request are a little more complicated given the fact that both of the natural parents are remarried and have extended families. The grandmother requested a period of time every Christmas Eve each year. 'file parents would not commit to that because of the extended families. Grandmother always had Christmas Eve and there is a family party that, apparently, everyone went to until this last year. She wanted to continue the tradition of taking the grandchild to that party. The Court will have to ascertain whether or not it is appropriate to ensure that grandmother have a period of time on Christmas Eve given the competing requests of the natural parents and their current extended families. The same is true for the week over the summer. While it seems reasonable for the child to spend a week of summer vacation with his grandmother every year, the question is whether it is appropriate to order it for this grandparent when there are so many others involved at this point in the child's life. Unfortunately, it also seems equally clear that if some arrangement isn't ordered for the grandmother over the summer, it probably won't occur. From the Conciliator's perspective, this is a case that should be resolved but won't be because it is really a battle for control. The parents feel that they should have control of the minor child and it is up to them whether the grandmother should see the child. They were upset by the fact that she filed a custody complaint. Grandmother also is extremely upset that the parents would, arbitrarily, decide that she shouldn't have continued contact with the child when she has played an integral part in the child's life for many years. The Court has to make all parties understand that the battle for control is merely hurting Brett, the minor child. Grandmother should be involved in the child's life. However, grandmother also has to understand that the parents are the primary custodians of the child and should not do anything to undercut their positions in the child's life. Date: March 10, 2000 m4ad Michael L. Bangs Custody Conciliator LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99-5360 CIVIL Defendants/Respondents ORDER OF COURT AND NOW, this _ day of , 2000, upon consideration of the foregoing Preliminary Objections of Defendant, James C. D. Wilson, to Plaintiffs' Complaint, it is hereby ordered that Plaintiff's Complaint is hereby stricken and that this Honorable Court lacks subject matter jurisdiction in this matter. By the Court, Edward E. Guido, Judge 7 ?? ?_. __. ?. -- ?_? r:; : : ?:_ ... ?' ?-? ; _. ,_. <? v 0 ? ?? W F ^ ? Q ? ? L _ ~ ? ? _ Cn t=- _ ? L 1 .. N V Q. 7 ? LORRAINE WILSON, Plaintiff V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. 99-5360 CIVIL PRELIMINARY OBJECTIONS OF DEFENDANT, JAMES C. D. WILSON AND NOW, comes Defendant, James C.D. Wilson, by and through his attorneys, Marshall & Haddick, P.C., and in support of its preliminary objections to Plaintiffs' Complaint avers the following: 1. Defendant, James C.D. Wilson resides at 3895 Valley Road, Marysville, Perry County, Pennsylvania. 2. Defendant, Teresa Strawser resides at 105 Meadowbrook Road, Lot 14, New Cumberland, York County, Pennsylvania. 3. Plaintiff, Lorraine Wilson resides at 10 Dartmouth Street, Harrisburg, Dauphin County Pennsylvania. 4. Plaintiff commenced this action by filing a Complaint on or about September 1, 1999. 5. Other than Plaintiff's reference to her feelings that child has shared a close bond with grandmother, Plaintiff failed to state a claim to standing for which custody/visitation should be granted. 6. Plaintiff lacks the standing to file for custody because she is not the natural parent of the minor child, therefore shall be considered a third party. 7. Third parties shall be found to have standing only when they establish that they have a prima facie right to custody. Butler v. Illes, (2000 PA Super). 8. A prima facie right to custody may be established when the third party has stood in loco parentis to the child. The phrase 'in loco parentis' refers to a person who puts himself in the situation of a lawful parent by assuming the obligations incident to the parental relationship without going through the formality of legal adoption. Butler v. Illes, (2000 PA Super). 9. Plaintiff has never been 'in loco parentis' of the minor child, therefore lacks standing. PRELIMINARY OBJECTION THAT THIS HONORABLE COURT LACKS SUBJECT MATTER JURISDICTION IN THIS CASE 10. Moving Defendant hereby incorporates the averments contained in paragraphs 1-9 of the foregoing preliminary objections as if set forth fully herein. 11. Plaintiffs' Complaint fails to establish a prima facie right to custody/visitation. 12. When a statute creates a cause of action and designates who may sue, the issue of standing becomes interwoven with that of subject matter jurisdiction. Standing then becomes a jurisdictional pre-requisite to an action. The question of subject matter jurisdiction may be raised at any time, by any party, or by the court 2 sua sponte. Grom v. Bursoon 672 A.2d 823, 824,-825 (Pa. Super 1996) and 2000 WL 276928 (Pa. Super). 13. Plaintiff is a grandparent seeking visitation rights of a child under the Custody and Grandparents Visitation Act (23 Pa.C.S. ) Section 5312. 14. Section 5312 creates a cause action for grandparent visitation and designates who may bring suit under its provisions, standing is a pre -requisite for jurisdiction. Grom v. Burgoon, 672 A.2d 825; In Re: Adoption of W.C.K. 2000 WL 276928 (Pa. Super). 15. Not only does Plaintiff fail to establish her prima facie right to custody/visitation, Plaintiff lacks standing to bring an action to this Honorable Court because this Honorable Court does not have jurisdiction in this matter. 16. The Custody and Grandparents Visitation Act (23 Pa.C.S, ) Section 5312 "[intends] to protect grandparents against estrangement that might occur after one parent dies, or after parents separate or divorce and custody of the child is with one parent, or after child has lived with grandparents for significant period of time and is removed by parents." Gradwell v. Strauser, 610 A.2d 999, 416 Pa. Super. 118, Super 1992. Custody in this case is joint custody. 3 WHEREFORE, Defendant, James C.D. Wilson, respectfully requests this Honorable Court to strike Plaintiffs' Complaint for failure to establish a prima facie right to custody/visitation, for Plaintiff's lack of standing to bring an action to this Honorable Court and this Honorable Court lacks jurisdiction in this matter. Respectfully submitted, MARSHALL & HADDICK, P.C. Date: April 4, 2000 1) Jas n P. Kutulakis, Es At rney I.D. No: 80411 20 South 36th Street Camp Hill, PA 17011 (717)7314800 Attorney for James C. D. Wilson 4 CERTIFICATE OF SERVICE AND NOW, thiseday of April, 2000, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Preliminary Objections of Defendant, James C. D. Wilson, to Plaintiffs' Complaint upon all counsel of record and/or unrepresented parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail and Fax Transmittal: Mark C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 Counsel for Defendant Teresa Strawser By First-Class Mail and Fax Transmittal: Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 Counsel for Plaintiff 4.1asoP Kutula is, Esquire r LORRAINE Plain ?- J V. THERESA ST } r JAMES C.D. Defer AND NOW, this_ day of foregoing Petition to Compe. solely responsible for costs a when deemed appropriate. Distribution: Mark C. Duffie , Esquire Dawn L. Lisi, Esquire Jason P. Kutulakis, Esquire APR (; Z00? THE COURT OF COMMON PLEAS JMBERLAND COUNTY, PENNSYLVANIA VIL ACTION - LAW ISTODY/VISITATION ).99-5360 CIVIL Edward E. Guido, Judge APR , u 200 LORRAINE WILSON, Plaintiff/Petitioner V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants/Respondents : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. 99-5360 CIVIL ORDER OF COURT AND NOW, this _ day of , 2000, upon consideration of the foregoing Petition to Compel Grandmother, it is hereby ordered that Petitioner be solely responsible for costs of the psychological evaluation of the minor child, if and when deemed appropriate. By the Court, Edward E. Guido, Judge Distribution: Mark C. Duffie, Esquire Dawn L. Lisi, Esquire Jason P. Kutulakis, Esquire i? ?i ? ,. ? ?? - i i??: ? ? i. ... . -i ? . i , i i.. _.. ?: L i .? rJ • ? LORRAINE WILSON, Plaintiff V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY/VISITATION : NO.99.5360 CIVIL PETITION TO COMPEL GRANDMOTHER TO PAY FOR COSTS AND NOW, comes Defendant, James C.D. Wilson, by and through his attorneys, Marshall & Haddick, P.C., and in support of his Petition to compel grandmother to pay for costs avers the following: 1. On March 28, 2000 Petitioner filed a Petition for Contempt and Special Relief. 2. Averment 12 of said petition avers that the minor child is outwardly depressed and in need of a psychological evaluation and counseling. 3. Defendant's believe and is therefore averred that the minor child is nol outwardly depressed and is not in need of a psychological evaluation. See attached letters "Exhibit "A" WHEREFORE, if This Honorable Court deems a psychological evaluation appropriate, Defendant's respectfully request Petitioner to be held solely responsible for costs. Respectfully submitted, MARSHALL & HADDICK, P.C. Date:_ April 6, 2000 Jason f. KutuMakis, Esquire Attorn y 1. D. No: 80411 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 Attorney for James C. D. Wilson CERTIFICATE OF SERVICE AND NOW, this day of April, 2000, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer to Petition for Contempt and Special Relief and New Matter of Defendant, James C. D. Wilson, upon all counsel of record and/or unrepresented parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Mark C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 Counsel for Defendant Teresa Strawser By First-Class Mail: Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 Counsel for Plaintiff EXHIBIT A 04/05/00 08:28 FAX 717 601 6681 DELTA DENTAL ELIG West Shore School District WE Mount Zion Elementary School April 3, 2000 To Whom It May Concern: la 003 Brett Strawser has been a student in my second grade class at Mt. Zion Elementary School since August 1999. He is a member of a class of 24 children who come from a variety of different socioeconomic backgrounds as well as intellectual abilities. There is a balance of boys and girls in the class and the ages span from 7 to 9 years of age. I have observed Brett to be a very happy, well-adjusted boy. He gets along well with his peers and with adults. He makes friends easily and plays with a variety of classmates, both boys and girls. He has a range of interests, including sports, auto racing, and Pokemon. Brett does well on his school work and is working at his expected grade level in all areas. He is a neat, careful worker who takes his time with his assignments. He usually turns in homework on time. Brett often talks about his homelife, both with his mother and with his father. I have never heard him make a negative comment about either parent or about anyone else with whom he spends time at home. As I mentioned earlier, Brett seems to be a happy, easy-going child. He enjoys school both for the intellectual and social aspects involved. In my involvement with Brett I have seen nothing to indicate that he is anything but secure and comfortable in his current situation both at school and at home. rSincerely, Anne M. Reardon Second Grade Teacher Mt. Zion Elementary School 850 Lewisbeny Road DEBORAH B. SCHWAGER LARRY A. SAYRE Principal Lewlsberry, Pennsylvania 17339.9580 Superintendent Phone (717) 938-2621 www.wssd.k12.pa.us JEAN M. DYSZEL A«ielnni Cnn•riwb dent 00/05400 08:27 FAX 717 691 6681 DELTA DENTAL ELIG April 3, 2000 Mount Zion Elementary School Q002 Brett Strawser was in my first grade classroom throughout the 1998-1999 school year. Brett was a delightful, happy, and well-adjusted child. He established friendships easily and was well liked by his peers. He had a very successful experience in first grade. It was a pleasure to have him in my classroom. Sincerely, Mrs. Bemadine O'Leary First Grade Teacher Mt. Zion Elementary School DEBORAH B. SCHWAGER 850 Lewisberry Road LARRY A. SAYRE Principal Lewisberry, Pennsylvania 17339-9580 Superintendent Phone (717) 938-2621 www.wssd.k12.pa.us JEAN M. DYSZEL Assistant Superintendenf West Shore School District (.UKRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99-5360 CIVIL Defendants/Respondents ORDER OF COURT AND NOW, this _ day of 2000, upon consideration of the foregoing Petition to Compel Grandmother, it is hereby ordered that Petitioner be solely responsible for costs of the psychological evaluation of the minor child, if and when deemed appropriate. By the Court, Distribution: Mark C. Duffie , Esquire Dawn L. Lisi, Esquire Jason P. Kutulakis, Esquire Edward E. Guido, Judge LORRAINE WILSON, Plaintiff V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODYNISITATION : NO.99-5360 CIVIL PETITION TO COMPEL GRANDMOTHER TO PAY FOR COSTS AND NOW, comes Defendant, James C.D. Wilson, by and through his attorneys, Marshall & Haddick, P.C., and in support of his Petition to compel grandmother to pay for costs avers the following: 1. On March 28, 2000 Petitioner filed a Petition for Contempt and Special Relief. 2. Averment 12 of said petition avers that the minor child is outwardly depressed and in need of a psychological evaluation and counseling. 3. Defendant's believe and is therefore averred that the minor child is not outwardly depressed and is not in need of a psychological evaluation. See attached letters "Exhibit "A" WHEREFORE, if This Honorable Court deems a psychological evaluation appropriate, Defendant's respectfully request Petitioner to be held solely responsible for costs. Respectfully submitted, MARSHALL & HADDICK, P.C. Date: April 6, 2000 Jason Kutu7akis, Esquire Attorn y I.D. No: 80411 20 South 36th Street Camp Hill, PA 17011 (717)7314800 Attorney for James C. D. Wilson CERTIFICATE OF SERVICE AND NOW, this day of April, 2000, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer to Petition for Contempt and Special Relief and New Matter of Defendant, James C. D. Wilson, upon all counsel of record and/or unrepresented parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Mark C. Duffie, Esquire Johnson, Duff ie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 Counsel for Defendant Teresa Strawser By First-Class Mail: Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 Counsel for Plaintiff EXHIBIT A West Shore School District W Mount Zion Elementaty School April 3, 2000 To Whom It May Concern: Brett Strawser has been a student in my second grade class at Mt. Zion Elementary School since August 1999. He is a member of a class of 24 children who come from a variety of different socioeconomic backgrounds as well as intellectual abilities. There is a balance of boys and girls in the class and the ages span from 7 to 9 years of age. I have observed Brett to be a very happy, well-adjusted boy. He gets along well with his peers and with adults. He makes friends easily and plays with a variety of classmates, both boys and girls. He has a range of interests, including sports, auto racing, and Pokemon. Brett does well on his school work and is working at his expected grade level in all areas. He is a neat, careful worker who takes his time with his assignments. He usually turns in homework on time. Brett often talks about his homelife, both with his mother and with his father. I have never heard him make a negative comment about either parent or about anyone else with whom he spends time at home. As I mentioned earlier, Brett seems to be a happy, easy-going child. He enjoys school both for the intellectual and social aspects involved. In my involvement with Brett I have seen nothing to indicate that he is anything but secure and comfortable in his current situation both at school and at home. Sincerely, Anne M. Reardon Second Grade Teacher Mt. Zion Elementary School DEBORAH B. SCHWAGER 850 Lewlsberry Road LARRY A. SAYRE Principal Lewlsberry, Pennsylvania 17339.9580 Superintendent Phone(717)938-2621 www.wssd.k12.pa.us JEAN M. DYSZEL A« iOnnl';unM"fmdenf 04/05/00 08: WA April 3, 2000 Mount Zion Elementary School Brett Strawser was in my first grade classroom throughout the 1998-1999 school year. Brett was a delightful, happy, and well-adjusted child. He established friendships easily and was well liked by his peers. He had a very successful experience in first grade. It was a pleasure to have him in my classroom. Sincerely, Mrs. Bemadine O'Leary First Grade Teacher Mt. Zion Elementary School DEBORAH B. SCHWAGER 850 Lewisberry Road LARRY A. SAYRE Principal Lewisberry, Pennsylvania 17339.9580 Superintendent Phone (717) 938-2621 www.wssd.k12.pa,us JEAN M. DYSZEL Assistant Superintendent 17 691 West Shore School District o• APR 1 0 200 LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99-5360 CIVIL Defendants/Respondents ORDER OF COURT AND NOW, this _ day of 2000, upon consideration of the foregoing Petition to Compel Grandmother, it is hereby ordered that Petitioner be solely responsible for costs of the psychological evaluation of the minor child, if and when deemed appropriate. By the Court, Distribution: Mark C. Duffie , Esquire Dawn L. Lisi, Esquire Jason P. Kutulakis, Esquire Edward E. Guido, Judge onTll MARSHALL S SOUTH 3p STREET 20 , CAASP HILLtu , VLVXNi% 17011 PENN• Mark C• Duffle . Esquire Johnson, [)uffie, Stewart & Weidner 301 Market Street p,p_ Bo)( lPennsylvania 11043 APR 1 0 200 LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99-5360 CIVIL Defendants/Respondents ORDER OF COURT AND NOW, this _ day of , 2000, upon consideration of the foregoing Petition to Compel Grandmother, it is hereby ordered that Petitioner be solely responsible for costs of the psychological evaluation of the minor child, if and when deemed appropriate. By the Court, Edward E. Guido, Judge Distribution: Mark C. Duffie, Esquire Dawn L. Lisi, Esquire Jason P. Kutulakis, Esquire MARSHALL SMITH & HADDICK, P.C. 20 SOUTH 36TH STREET CAMP HILL, PENNSYLVANIA 17011 Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 r It LORRAINE WILSON, Plaintiff/Petitioner V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants/Respondents : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. 99-5360 CIVIL ORDER OF COURT AND NOW, this _ day of 2000, upon consideration of the foregoing Petition to Compel Grandmother, it is hereby ordered that Petitioner be solely responsible for costs of the psychological evaluation of the minor child, if and when deemed appropriate. By the Court, Edward E. Guido, Judge Distribution: Mark C. Duffie, Esquire Dawn L. Lisi, Esquire Jason P. Kutulakis, Esquire APR 1 0 200 ... r .. .`~? .sir.. w?..?.?.???.. ?... r.?y.?. ,?5'ii rsl, y MARSHALL SMITH & HADDICK, P.C. 20 SOUTH 30TH STREET CAMP HILL, PENNSYLVANIA 17011 MARSHALL & HADDICK, P.C. 20 SOUTH 36TH STREET CAMP HILL PA 17011 APR - 5100 LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99-5360 CIVIL Defendants ORDER OF COURT AND NOW, this day of 2000, upon consideration of the foregoing Answer to Petition For Contempt and Special Relief and New Matter, it is hereby ordered and decreed as follows: 1. Petitioner, Lorraine Wilson be ordered to have a psychological evaluation and treated in accordance with the psychologist's recommendation; 2. Petitioner Lorraine Wilson be Ordered to comply with the November 24, 1999, temporary Order; 3. Respondent, James C. D. Wilson be granted reasonable attorney's fees and costs in the amount of $250.00 for having to respond to Lorraine Wilson's Petition for Contempt and for having to bring this action forward. By the Court, Edward E. Guido, Judge aA L G ? .. rj U O O ? o v? Q S L Cn F. 2 L ? N U L- L LORRAINE WILSON, Plaintiff/Petitioner V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants/Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. 99-5360 CIVIL ANSWER TO PETITION FOR CONTEMPT AND SPECIAL RELIEF AND NOW comes Respondent, James C.D. Wilson, by and through his counsel, Jason P. Kutulakis, by and through Marshall & Haddick, P.C., and file the following response to Petition for Contempt and Special Relief and in support thereof avers the following: Admitted. 2. Admitted in part and Denied in part. It is denied that Respondent Theresa Strawser (hereinafter "Strawser"), currently resides in Cumberland County. It is believed and therefore averred that Strawser resides in York County, Pennsylvania. It is denied that Respondent James C.D. Wilson (hereinafter "Wilson"), currently resides in Cumberland County, Pennsylvania. It is believed and therefore averred that Respondent James C. D. Wilson resides in Perry County. 3. Admitted. 4. Admitted in part and Denied in part. It is denied that the temporary court order date is November 24, 2000. It is believed and therefore averred that the correct date is November 24, 1999. 5. Denied as stated. Paragraph 3 is a written document that speaks for itself. By way of further response, the entire paragraph 3 is incorporated herein by reference. 6. Denied. By way of further response, Petitioner called Respondent Strawser to request a visit on Friday, March 17, 2000. Brett Palmer Strawser (hereinafter the child) had previously scheduled visitation with his father, James Wilson, for the weekend of March 17, 2000. Admitted. 8. Denied. It is specifically Denied that Respondent James C.D. Wilson received request for a visit to commence on March 24, 2000. It is believed and therefore averred that Petitioner requested a five (5) hour visitation on Friday, March 24, 2000 and Respondent, Strawser, informed Petitioner that Respondent's were amenable to three (3) hour visitation and not a five (5) hour visitation as requested. A three (3) hour visitation is in compliance with the November 24, 1999 temporary Court Order. Respondent's answer is numbered in accordance with the Petition which is mis numbered as a second paragraph number 8. After reasonable investigation, Respondent is unaware of the information contained therein and therefore is denied. 9. After reasonable investigation, Respondent is unaware of the information contained therein, and therefore is denied. 10. Denied as a conclusion of law. By way of further response, Respondent's have specifically expressed their willingness to comply with the temporary court order of November 24, 1999. It is specifically denied that the Respondent's have denied petitioner any visitation within the Court Order (see Exhibit "A" March 10, 2000 correspondence to Attorney Lisi.) The visit that Petitioner made to the babysitter's home was longer than twenty minutes. It is believed therefore averred that Petitioner visited with the minor child on March 8, 2000 for approximately forty five minutes to one hour. The visit that petitioner made to the babysitter's home on March 8, 2000 is outside the specific order of this Honorable Court). 11. Denied. 12. Denied. The answering Respondent has given close attention and monitored the behavior and emotions of the child. It is his opinion that the child has not suffered any outwardly depression. 13. Admitted. 14. After reasonable investigation, Respondent Wilson does not have knowledge regarding telephone conversations or messages left for the child, none were left at Respondent Wilson's residence. 15. Denied. 16. Admitted. 17. Admitted. 18. Denied as stated. Respondent Wilson clearly expressed his willingness to continue to amicably work towards visitations. See March 10, 2000 correspondence attached as Exhibit "A". 19. Denied as stated as a conclusion of law. By way of further response, it is specifically denied that Respondent Wilson is in contempt of the November 24, 1999, Court Order. In fact, the Petition fails to cite one instance in which Respondent Wilson is alleged to be in contempt of this Honorable Court's Order. 20. Denied. It is specifically denied that Respondent Wilson's actions are in direct contempt of this Order. 21. Denied. It is specifically denied that Respondent has in any way caused Petitioner to spend time or money in pursuit of rights granted under the Order. It is specifically denied that it is the Respondent's conduct which is becoming costly for the Petitioner. The Respondent's will continue to allow visitation as long as Court Ordered to do so, or in the alternative, as long as they believe it is in the best interest of the child. NEW MATTER 22. Petition fails to allege any improper conduct on the part of Respondent, James C.D. Wilson. 23. Petition fails to state any contemptuous behavior on behalf of Respondent Wilson. 24. Any difficulties regarding scheduling of visitation are solely the result of Petitioner's (child's grandmother) conduct. 25. The aforementioned paragraphs are incorporated by reference herein. 26. James Wilson was married to Billie-Jo Wilson on August 7, 2000 and they currently reside together at 3895 Valley Road, Marysville, Perry County, Pennsylvania. Since their marriage, Mr. and Mrs. Wilson continue to have visitation of the child. 27. Teresa Strawser resides with her fiancd, Michael Stoner, at 105 Meadowbrook Road, Lot 14, New Cumberland, York County, Pennsylvania. 28. Teresa Strawser is the primary physical custodian of the child and therefore provides the primary residence where the child resides. 29. The parents, James C.D. Wilson and Teresa Strawser continue to amicably work and coordinate visitation between their two new families. 30. As a result of the formation of two complete and cooperating families, the child is fortunate to have in excess of forty (48) immediate relatives which all desire contact with him. 31. On or about January 24, 2000, Petitioner made an unscheduled visit with the minor child at the babysitter's home without notifying either of the Respondent's of her intent to do so. She proceeded to visit with the minor child for approximately forty five (45) minutes to one hour. 32. On or about February 5, 2000, Respondent's granted Petitioner an overnight visit with the child. Petitioner was responsible for picking up the minor child at the Respondent, James C.D. Wilson's residence. On the morning of February 5, 2000, Petitioner made phone contact with Respondent James C.D. Wilson refusing to pick child up at father's residence, demanding that he return the minor child home because that is the only place she would pick him up. 33. Pursuant to the conciliation conference of November 24, 1999, Petitioner was informed by conciliator that the parents did not want the child sleeping in her bed during sleepovers and she would have to honor their request because they are the parents. At the February 5, 2000, overnight child informed parents that Petitioner had child sleep in her bed with her. 34. March 8, 2000, Lorraine Wilson specifically violated the court order by exercising an unscheduled visit with the child at the babysitter's house after school and proceeded to make derogatory comments to the child about his parents. Her actions have caused disruption to the parent/child relationship and has caused serious turmoil in both the primary physical residence and the father's residence. Her actions were clearly not in the best interest of the child. 35. Jim Wilson's counsel corresponded in writing with Wilson's counsel, Dawn Lisi, Esquire, making her aware of this violation. 36. Pursuant to paragraph 5 of the temporary Order of November 24, 1999, (attached as Exhibit "B") parties shall make no derogatory remarks about each other in front of the child. It is believed therefore averred that Petitioner has made derogatory comments to the minor child regarding the Respondents during her visits with the child. 37. It is believed and therefore averred that Lorraine Wilson is positioning herself in such a way to control this relationship and thereby does not have the best interest of the child at heart. WHEREFORE, Petitioner respectfully request this Honorable Court to deny Petitioner's, Lorraine Wilson, request for contempt and special relief and hold Lorraine Wilson in contempt at the following special relief: A. That Lorraine Wilson be Ordered to have a psychological evaluation and treated in accordance with the psychologist's recommendation; B. That Lorraine Wilson be Ordered to comply with the November 24, 1999, temporary Order; C. James Wilson be granted reasonable attorney's fees and costs in the amount of $250.00 for having to respond to Lorraine Wilson's Petition for Contempt and for having to bring this action. Respectfully submitted, & HADDICK, P.C. Date: Jas P. Kutulakis, Esquire At rney I.D. No. 80411 2 South 36'" Street Camp Hill, PA 17011 Tele: (717) 731-4800 Counsel for James C. D. Wilson VERIFICATION The above - named respondent, lames C.D. Wilson, verifies that the statements made in the above Answer to Petition are true and correct. The respondent understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE; - qI V By: James C.D. Wilson, Respondent EXHIBIT A MARSHALL & HADDICK, P.C. a professional corporation ATTORNEYS AI IAW 70 SO1J17136MI STREE'T' O:AMP I Ills.. PENNSYLVANIA 17011 FRANCIS E. MARSHALL. JR. QW TELEPHONE: (717) 7314800 LLES E. HADDICIL JR. CI FAX; (717) 731.4803 TMO?M ? .S E-MAIL: mhpalaw®aol.com JASON P. KUTULAKIS INT ERNET: wawanh.haweh.com ALAN M. ROBINSON March 10 2000 •u+?rr?wwra. , VIA REGULAR MAIL AND FACSIMILE 236.0791 Milspaw & Beshore Attorneys at Law Attn: Dawn L. Lisi, Fsquiw 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 171011-0946 RE: Lorraine Wilson v. Theresa Strawser and James C.D. Wilson Dear Ms. Lisi: am writing un behalf of lily client, James C. Wilson, regarding some of his concerns in the above captioned matter. Since the last Custody Conciliation hearing, February 24, 2000, your client, Lorraine Wilson has not exercised a scheduled visit with her grandson, Brett, in accordance with the Custody Order issued in this matter. hl fact, she has not contacted the parents about exercising a scheduled visit in accordance with the Custody Order since February 5, 2000 . However, on March 11, 2000 al approximately 3:30 pm Ms. Wilson exercised an unscheduled visit with Brell at the babysilter's house after school. As you are aware, Ms. Wilson is not to exercise any visitation with Brett without prior approval from the paents. Neither of the parents were aware that Ms. Wilson was planning on visiting wilh Brell on March 11"', therefore, violating the Custody Order. Furthermore, at that lingo Ms. Wilson proceeded to make derogatory comments to Brell about his parents and explained to him that she was upset with his parents. Additionally she explained to him that she is not sure if she will ever be able to see him ag.lin. Allhough lily client has been extremely willing to continue to amicably work luwards more lihvral visitation, your clients continued conduct is very unproductive and in fart, detrimental. It continues to cause hardship and tension between Brett Auld his parents. March 10, 2000 Page Two Please advise your client of her obligation to conduct herself within the four corners of the existing Order. Very truly yours, MARSHALL HADDICK, P.C. jJasn4P. KJPK/bjw n ON Exhibit 6 LORRAINE WILSON, ) Plaintiff ) VS. ) THERESA STRAWSER and ) JAMES C.D. WILSON, ) Defendants ) IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 99-5360 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this a µ ?` day of we+ (x v 1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this temporary Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The natural parents of the child, Theresa Strawser and James C.D. Wilson, shall share legal custody of their minor child, Brett Palmer Strawser, d.o.b. June 11. 1992. 2. Mother, Theresa Strawser, shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as agreed upon. 3. The paternal grandmother. Lorraine Wilson, Shall have periods of visitation with the minor Child to occur one time e\ cry other week. Drum aller school. if the Child is in school. until 7:00 p.m. (n'andnwther shall work with the Mother w provide her wilh sontC advance notieC WS w when shC ina•nds to exercise this period of cisilaiion. Bother shall cooperate %s ith (irnndinoiho and acknowledges that Grandmother's schedule will sometimes not permit advance notice as to when she can exercise this period of visitation. 4. Grandmother shall have the child from 2:00 p.m. until 9:00 p.m. on Christmas Eve, 1999. She shall return the child to Mother's residence at 9:00 p.m. on that evening. 5. The parties acknowledge that they shall make no derogatory remarks about each other in front of the child. 6. Grandmother shall have reasonable telephone access with the minor child. 7. The parties shall reconvene for another conciliation conference before Michael L. Bangs, Esquire, on Thursday, February 24, 2000, at 9:00 a.m. 13Y THE COURT, Dawn 1.. t.isi, Esquire Sanford Krevsky, Fsquire Mark C. Duflie. Esquire ntlb o? 4 JI, . fa F] CERTIFICATE OF SERVICE AND NOW, thisL/lay of April, 2000, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer to Petition for Contempt and Special Relief and New Matter of Defendant, James C. D. Wilson, upon all counsel of record and/or unrepresented parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail and Fax Transmittal: Mark C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P O. Box 109 Lemoyne, Pennsylvania 17043 Counsel for Defendant Teresa Strawser By First-Class Mail and Fax Transmittal: Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 Counsel for Plaintiff P. Kutulakis, Esquire 5 LORRAINE WILSON, Plaintiff V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants APR-52 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. 99-5360 CIVIL ORDER OF COURT AND NOW, this day of 2000, upon consideration of the foregoing Answer to Petition For Contempt and Special Relief and New Matter, it is hereby ordered and decreed as follows: 1. Petitioner, Lorraine Wilson be ordered to have a psychological evaluation and treated in accordance with the psychologist's recommendation; 2. Petitioner Lorraine Wilson be Ordered to comply with the November 24, 1999, temporary Order; 3. Respondent, James C. D. Wilson be granted reasonable attorney's fees and costs in the amount of $250.00 for having to respond to Lorraine Wilson's Petition for Contempt and for having to bring this action forward. By the Court, Edward E. Guido, Judge APR - 5 Z00 LORRAINE WILSON, Plaintiff/Petitioner V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants/Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. 99-5360 CIVIL ORDER OF COURT AND NOW, this _ day of , 2000, upon consideration of the foregoing Preliminary Objections of Defendant, James C. D. Wilson, to Plaintiffs' Complaint, it is hereby ordered that Plaintiff's Complaint is hereby stricken and that this Honorable Court lacks subject matter jurisdiction in this matter. By the Court, Edward E. Guido, Judge 7 MARSHALL SMITH & HADDICK, P.C. 20 SOUTH 30TH STREET CAMP HILL, PENNSYLVANIA 17011 I ? itill iu,imiiiIf III niiii,III Dawn Lisi, Esquire 130 State Street Harrisburg, PA 17101 iss; \ LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS APR - 5 zaoo Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99-5360 CIVIL Defendants ORDER OF COURT AND NOW, this day of 2000, upon consideration of the foregoing Answer to Petition For Contempt and Special Relief and New Matter, it is hereby ordered and decreed as follows: 1. Petitioner, Lorraine Wilson be ordered to have a psychological evaluation and treated in accordance with the psychologist's recommendation; 2. Petitioner Lorraine Wilson be Ordered to comply with the November 24, 1999, temporary Order; 3. Respondent, James C. D. Wilson be granted reasonable attorney's fees and costs in the amount of $250.00 for having to respond to Lorraine Wilson's Petition for Contempt and for having to bring this action forward. By the Court, Edward E. Guido, Judge 64•"i iy API; - 5 zoom LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99.5360 CIVIL Defendants/Respondents ORDER OF COURT AND NOW, this _ day of 2000, upon consideration of the foregoing Preliminary Objections of Defendant, James C. D. Wilson, to Plaintiffs' Complaint, it is hereby ordered that Plaintiff's Complaint is hereby stricken and that this Honorable Court lacks subject matter jurisdiction in this matter. By the Court, Edward E. Guido, Judge 7 MARSHALL SMITH & HADDICK, P.C. 20 SOUTH 30TH STREET CAMP HILL, PENNSYLVANIA 17011 i,I'll IIt ,iii,,II III i„ii„i,i i Mark C. Duffle, Esquire 301 Market Street Lemoyne PA 17043 i:W.7? APR - 5 200 LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99.5360 CIVIL Defendants ORDER OF COURT AND NOW, this day of 2000, upon consideration of the foregoing Answer to Petition For Contempt and Special Relief and New Matter, it is hereby ordered and decreed as follows: 1. Petitioner, Lorraine Wilson be ordered to have a psychological evaluation and treated in accordance with the psychologist's recommendation; 2. Petitioner Lorraine Wilson be Ordered to comply with the November 24, 1999, temporary Order; 3. Respondent, James C. D. Wilson be granted reasonable attorney's fees and costs in the amount of $250.00 for having to respond to Lorraine Wilson's Petition for Contempt and for having to bring this action forward. By the Court, Edward E. Guido, judge APR - 5 200 LORRAINE WILSON, Plaintiff/Petitioner V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants/Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION NO. 99-5360 CIVIL ORDER OF COURT AND NOW, this _ day of 2000, upon consideration of the foregoing Preliminary Objections of Defendant, James C. D. Wilson, to Plaintiffs' Complaint, it is hereby ordered that Plaintiff's Complaint is hereby stricken and that this Honorable Court lacks subject matter jurisdiction in this matter. By the Court, Edward E. Guido, judge 7 a i MARSHALL SMITH & HADDICK, P.C. 20 SOUTH 30TH STREET CAMP HILL, PENNSYLVANIA 17011 MARSHALL & HADDICK, P.C. 20 SOUTH 36TH STREET CAMP HILL PA 17011 i LORRAINE WILSON, Plaintiff/Petitioner V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants/Respondents COPY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. 99-5360 CIVIL ORDER OF COURT AND NOW, this_ day of , 2000, upon consideration of the foregoing Preliminary Objections of Defendant, James C. D. Wilson, to Plaintiffs' Complaint, it is hereby ordered that Plaintiff's Complaint is hereby stricken and that this Honorable Court lacks subject matter jurisdiction in this matter. By the Court, Edward E. Guido, judge 7 V. CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99-5360 CIVIL Defendants PRELIMINARY OBJECTIONS OF DEFENDANT, JAMES C. D. WILSON AND NOW, comes Defendant, James C.D. Wilson, by and through his attorneys, Marshall & Haddick, P.C., and in support of its preliminary objections to Plaintiffs' Complaint avers the following: 1. Defendant, James C.D. Wilson resides at 3895 Valley Road, Mar/sville, Perry County, Pennsylvania. 2. Defendant, Teresa Strawser resides at 105 Meadowbrook Road, Lot 14, New Cumberland, York County, Pennsylvania. 3. Plaintiff, Lorraine Wilson resides at 10 Dartmouth Street, Harrisburg, Dauphin County, Pennsylvania. 4. Plaintiff commenced this action by filing a Complaint on or about September 1, 1999. 5. Other than Plaintiff's reference to her feelings that child has shared a close bond with grandmother, Plaintiff failed to state a claim to standing for which custody/visitation should be granted. 6. Plaintiff lacks the standing to file for custody because she is not the natural parent of the minor child, therefore shall be considered a third party. Third parties shall be found to have standing only when they establish that they have a prima facie right to custody. Butler v. Illes, (2000 PA Super). 8. A prima facie right to custody may be established when the third party has stood in loco parentis to the child. The phrase 'in loco parentis' refers to a person who puts himself in the situation of a lawful parent by assuming the obligations incident to the parental relationship without going through the formality of legal adoption. Butler v. Illes, (2000 PA Super). 9. Plaintiff has never been 'in loco parentis' of the minor child, therefore lacks standing. PRELIMINARY OBJECTION THAT THIS HONORABLE COURT LACKS SUBJECT MATTER JURISDICTION IN THIS CASE 10. Moving Defendant hereby incorporates the averments contained in paragraphs 1-9 of the foregoing preliminary objections as if set forth fully herein. 11. Plaintiffs' Complaint fails to establish a prima facie right to custody/visitation. 12. When a statute creates a cause of action and designates who may sue, the issue of standing becomes interwoven with that of subject matter jurisdiction. Standing then becomes a jurisdictional pre-requisite to an action. The question of subject matter jurisdiction may be raised at any time, by any party, or by the court 2 sua sponte. Grom v. Burgoon 672 A.2d 823, 824,-825 (Pa. Super 1996) and 2000 WL 276928 (Pa. Super). 13. Plaintiff is a grandparent seeking visitation rights of a child under the Custody and Grandparents Visitation Act (23 Pa.C.S. ) Section 5312. 14. Section 5312 creates a cause action for grandparent visitation and designates who may bring suit under its provisions, standing is a pre -requisite for jurisdiction. Grom v. Burgoon, 672 A.2d 825; In Re: Adoption of W.C.K. 2000 WL 276928 (Pa. Super). 15. Not only does Plaintiff fail to establish her prima facie right to custody/visitation, Plaintiff lacks standing to bring an action to this Honorable Court because this Honorable Court does not have jurisdiction in this matter. 16. The Custody and Grandparents Visitation Act (23 Pa,C.S. ) Section 5312 "[intends) to protect grandparents against estrangement that might occur after one parent dies, or after parents separate or divorce and custody of the child is with one parent, or after child has lived with grandparents for significant period of time and is removed by parents." Gradwell v. Strauser, 610 A.2d 999, 416 Pa. Super. 118, Super 1992. Custody in this case is Joint custody. WHEREFORE, Defendant, James C.D. Wilson, respectfully requests this Honorable Court to strike Plaintiffs' Complaint for failure to establish a prima facie right to custody/visitation, for Plaintiff's lack of standing to bring an action to this Honorable Court and this Honorable Court lacks jurisdiction in this matter. Respectfully submitted, MARSHALL & HADDICK, P.C. Date:_ April 4, 2000 V-)7& Jas n P. Kutulakis, Es At rney 1. D. No: 80411 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 Attorney for James C. D. Wilson 4 CERTIFICATE OF SERVICE AND NOW, thiseday of April, 2000, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Preliminary Objections of Defendant, James C. D. Wilson, to Plaintiffs' Complaint upon all counsel of record and/or unrepresented parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail and Fax Transmittal: Mark C. Duffie, Esquire Johnson, Duff ie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 Counsel for Defendant Teresa Strawser First-Class Mail and Fax Transmittal: Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 Counsel for Plaintiff r1 kni?t- JP. Kutula is, Esquire copy LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THERESA STRAWSER and CUSTODY/VISITATION JAMES C.D. WILSON, NO. 99-5360 CIVIL Defendants ORDER OF COURT AND NOW, this day of 2000, upon consideration of the foregoing Answer to Petition For Contempt and Special Relief and New Matter, it is hereby ordered and decreed as follows: 1. Petitioner, Lorraine Wilson be ordered to have a psychological evaluation and treated in accordance with the psychologist's recommendation; 2. Petitioner Lorraine Wilson be Ordered to comply with the November 24, 1999, temporary Order; 3. Respondent, James C. D. Wilson be granted reasonable attorney's fees and costs in the amount of $250.00 for having to respond to Lorraine Wilson's Petition for Contempt and for having to bring this action forward. By the Court, Edward E. Guido, judge ?INE WILSON, Plaintiff/Petitioner V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants/Respondents : IN THE COUR : CUMBERLAND COUNTY, PENNSYLVANIA CZ) CIVIL ACTION - LAW CUSTODY/VISITATION NO. 99-5360 CIVIL ANSWER TO PETITION FOR CONTEMPT AND SPECIAL RELIEF AND NOW comes Respondent, James C.D. Wilson, by and through his counsel, Jason P. Kutulakis, by and through Marshall & Haddick, P.C., and file the following response to Petition for Contempt and Special Relief and in support thereof avers the following: Admitted. 2. Admitted in part and Denied in part. It is denied that Respondent Theresa Strawser (hereinafter "Strawser"), currently resides in Cumberland County. It is believed and therefore averred that Strawser resides in York County, Pennsylvania. It is denied that Respondent James C.D. Wilson (hereinafter "Wilson"), currently resides in Cumberland County, Pennsylvania. It is believed and therefore averred that Respondent James C. D. Wilson resides in Perry County. Admitted. 4. Admitted in part and Denied in part. It is denied that the temporary court order date is November 24, 2000. It is believed and therefore averred that the correct date is November 24, 1999. 5. Denied as stated. Paragraph 3 is a written document that speaks for itself. By way of further response, the entire paragraph 3 is incorporated herein by reference. 6. Denied. By way of further response, Petitioner called Respondent Strawser to request a visit on Friday, March 17, 2000. Brett Palmer Strawser (hereinafter the child) had previously scheduled visitation with his father, James Wilson, for the weekend of March 17, 2000. Admitted. Denied. It is specifically Denied that Respondent James C.D. Wilson received request for a visit to commence on March 24, 2000. It is believed and therefore averred that Petitioner requested a five (5) hour visitation on Friday, March 24, 2000 and Respondent, Strawser, informed Petitioner that Respondent's were amenable to three (3) hour visitation and not a five (5) hour visitation as requested. A three (3) hour visitation is in compliance with the November 24, 1999 temporary Court Order. 8. Respondent's answer is numbered in accordance with the Petition which is mis numbered as a second paragraph number 8. After reasonable investigation, Respondent is unaware of the information contained therein and therefore is denied. 9. After reasonable investigation, Respondent is unaware of the information contained therein, and therefore is denied. 10. Denied as a conclusion of law. By way of further response, Respondent's have specifically expressed their willingness to comply with the temporary court order of November 24, 1999. It is specifically denied that the Respondent's have denied petitioner any visitation within the Court Order (see Exhibit "A" March 10, 2000 correspondence to Attorney Lisi.) The visit that Petitioner made to the babysitter's home was longer than twenty minutes. It is believed therefore averred that Petitioner visited with the minor child on March 8, 2000 for approximately forty five minutes to one hour. The visit that petitioner made to the babysitter's home on March 81 2000 is outside the specific order of this Honorable Court). 11. Denied. 12. Denied. The answering Respondent has given close attention and monitored the behavior and emotions of the child. It is his opinion that the child has not suffered any outwardly depression. 13. Admitted. 14. After reasonable investigation, Respondent Wilson does not have knowledge regarding telephone conversations or messages left for the child, none were left at Respondent Wilson's residence. 15. Denied. 16. Admitted. 17. Admitted. 18. Denied as stated. Respondent Wilson clearly expressed his willingness to continue to amicably work towards visitations. See March 10, 2000 correspondence attached as Exhibit "A". 19. Denied as stated as a conclusion of law. By way of further response, it is specifically denied that Respondent Wilson is in contempt of the November 24, 1999, Court Order. In fact, the Petition fails to cite one instance in which Respondent Wilson is alleged to be in contempt of this Honorable Court's Order. 20. Denied. It is specifically denied that Respondent Wilson's actions are in direct contempt of this Order. 21. Denied. It is specifically denied that Respondent has in any way caused Petitioner to spend time or money in pursuit of rights granted under the Order. It is specifically denied that it is the Respondent's conduct which is becoming costly for the Petitioner. The Respondent's will continue to allow visitation as long as Court Ordered to do so, or in the alternative, as long as they believe it is in the best interest of the child. NEW MATTER 22. Petition fails to allege any improper conduct on the part of Respondent, James C.D. Wilson. 23. Petition fails to state any contemptuous behavior on behalf of Respondent Wilson. 24. Any difficulties regarding scheduling of visitation are solely the result of Petitioner's (child's grandmother) conduct. 25. The aforementioned paragraphs are incorporated by reference herein. 26. James Wilson was married to Billie-Jo Wilson on August 7, 2000 and they currently reside together at 3895 Valley Road, Marysville, Perry County, Pennsylvania. Since their marriage, Mr. and Mrs. Wilson continue to have visitation of the child. 27. Teresa Strawser resides with her fiance, Michael Stoner, at 105 Meadowbrook Road, Lot 14, New Cumberland, York County, Pennsylvania. 28. Teresa Strawser is the primary physical custodian of the child and therefore provides the primary residence where the child resides. 29. The parents, James C.D. Wilson and Teresa Strawser continue to amicably work and coordinate visitation between their two new families. 30. As a result of the formation of two complete and cooperating families, the child is fortunate to have in excess of forty (48) immediate relatives which all desire contact with him. 31. On or about January 24, 2000, Petitioner made an unscheduled visit with the minor child at the babysitter's home without notifying either of the Respondent's of her intent to do so. She proceeded to visit with the minor child for approximately forty five (45) minutes to one hour. 32. On or about February 5, 2000, Respondent's granted Petitioner an overnight visit with the child. Petitioner was responsible for picking up the minor child at the Respondent, James C.D. Wilson's residence. On the morning of February 5, 2000, Petitioner made phone contact with Respondent James C.D. Wilson refusing to pick child up at father's residence, demanding that he return the minor child home because that is the only place she would pick him up. 33. Pursuant to the conciliation conference of November 24, 1999, Petitioner was informed by conciliator that the parents did not want the child sleeping in her bed during sleepovers and she would have to honor their request because they are the parents. At the February 5, 2000, overnight child informed parents that Petitioner had child sleep in her bed with her. 34. March 8, 2000, Lorraine Wilson specifically violated the court order by exercising an unscheduled visit with the child at the babysitter's house after school and proceeded to make derogatory comments to the child about his parents. Her actions have caused disruption to the parent/child relationship and has caused serious turmoil in both the primary physical residence and the father's residence. Her actions were clearly not in the best interest of the child. 35. Jim Wilson's counsel corresponded in writing with Wilson's counsel, Dawn Lisi, Esquire, making her aware of this violation. 36. Pursuant to paragraph 5 of the temporary Order of November 24, 1999, (attached as Exhibit "l3") parties shall make no derogatory remarks about each other in front of the child. It is believed therefore averred that Petitioner has made derogatory comments to the minor child regarding the Respondents during her visits with the child. 37. It is believed and therefore averred that Lorraine Wilson is positioning herself in such a way to control this relationship and thereby does not have the best interest of the child at heart. WHEREFORE, Petitioner respectfully request this Honorable Court to deny Petitioner's, Lorraine Wilson, request for contempt and special relief and hold Lorraine Wilson in contempt at the following special relief: A. That Lorraine Wilson be Ordered to have a psychological evaluation and treated in accordance with the psychologist's recommendation; B. That Lorraine Wilson be Ordered to comply with the November 24, 1999, temporary Order; C. James Wilson be granted reasonable attorney's fees and costs in the amount of $250.00 for having to respond to Lorraine Wilson's Petition for Contempt and for having to bring this action. Respectfully submitted, & HADDICK, P.C. Date: /-Y-C--r Jas P. Kutulakis, Esquire At rney I.D. No. 80411 2 South 36'h Street Camp Hill, PA 17011 Tele: (717) 731-4800 Counsel for James C. D. Wilson VERIFICATION The above - named respondent, James C.D. Wilson, verifies that the statements made in the above Answer to Petition are true and correct. The respondent understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: By: James C.D. Wilson, Respondent 6 EXHIBIT A MARSHALL & HADDICK, P.C. a professional corporation ATTORNEYS AT LAW 20 SOUTH 301 STREET CAMP HILL, PENNSYLVANIA 17011 FRANCIS L MARSHALL, JR. CHARLES IL HADDICR. JR. LORI ADAMCIR KARISS THOMAS M. CHAIRS JASON P. KUTULAKIS ALAN M. ROBINSON March 10, 2000 VIA REGULAR MAIL AND FACSIMILE 236-0791 Milspaw & Beshore Attorneys at Law Attn: Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 TELEPHONE: (717) 771.1800 FAX: (717) 731.1803 E-MAIL: mhpalaw®tolxom INTERNET: www.mh.baweb.com RE: Lorraine Wilson v. Theresa Strawser and James C.D. Wilson Dear Ms. Lisi: I am writing on behalf of my client, James C. Wilson, regarding some of his concerns in the above captioned matter. Since the last Custody Conciliation hearing, February 24, 2000, your client, Lorraine Wilson has not exercised a scheduled visit with her grandson, Brett, in accordance with the Custody Order issued in this matter. In fact, she has not contacted the parents about exercising a scheduled visit in accordance with the Custody Order since February 5, 2000 . However, on March 8, 2000 at approximately 3:30 pm Ms. Wilson exercised an unscheduled visit with Brett at the babysitter's house after school. As you are aware, Ms. Wilson is not to exercise any visitation with Brett without prior approval from the parents. Neither of the parents were aware that Ms. Wilson was planning on visiting with Brett on March 81h , therefore, violating the Custody Order. Furthermore, at that time Ms. Wilson proceeded to make derogatory comments to Brett about his parents and explained to him that she was upset with his parents. Additionally she explained to him that she is not sure if she will ever be able to see him again. Although my client has been extremely willing to continue to amicably work towards more liberal visitation, your clients continued conduct is very unproductive and in fact, detrimental. It continues to cause hardship and tension between Brett and his parents. March 10, 2000 Page Two Please advise your client of her obligation to conduct herself within the four corners of the existing Order. Very truly yours, MARSHALL HADDICK, P.C. las n P. Kutulakis, Esquire 1PK/bjw P'1 Exhibit B LORRAINE WILSON, ) Plaintiff ) vs. ) THERESA STRAWSER and ) JAMES C.U. WILSON, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5360 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this a 4 -t? day of ovc , f,<ti 1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this temporary Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: I. The natural parents of the child. Theresa Strawser and James C.D. Wilson, shall share legal custody of their minor child, Brett Palmer Strawser, d.o.b.June 11, 1992. 2. Mother, Theresa Strawser, shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as agreed upon. 3. The paternal grandmother, Lorraine Wilson, shall have periods of visitation with the minor child w occur one time ever}' other week. from aftel. school. if the child is in school, until 7:00 p.m. Gr:uulnunher shall work with the Moller to provide her with some advance noliec as to \\ hell she intends to exercise this period of %isilatiou. MO[her shall cooperate wilh ( irandmulher and acknowledges that Grandmother's schedule will sometimes not permit advance notice as to when she can exercise this period of visitation. 4. Grandmother shall have the child from 2:00 p.m. until 9:00 p.m. on Christmas Eve, 1999. She shall return the child to Mother's residence at 9:00 P.M. on that evening. 5. The parties acknowledge that they shall make no derogatory remarks about each other in front of the child. 6. Grandmother shall have reasonable telephone access with the minor child. 7. The parties shall reconvene for another conciliation conference before Michael L. Bangs, Esquire, on Thursday, February 24, 2000, at 9:00 a. M. BY THE COURT, rS1 & -a, J. Dawn L. Lisi. Esquire Sanford Krevsky. 1:squirC Mark ('. Du17ie. Hsquire mlb .,a a 4 .t1. ?? d 9 `.. CERTIFICATE OF SERVICE AND NOW, thisvlay of April, 2000, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer to Petition for Contempt and Special Relief and New Matter of Defendant, James C. D. Wilson, upon all counsel of record and/or unrepresented parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail and Fax Transmittal: Mark C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 Counsel for Defendant Teresa Strawser By First-Class Mail and Fax Transmittal: Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 Counsel for Plaintiff P. Kululakis, Esquire 5 LORRAINE WILSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 'THERESA STRAWSER and NO. 99-5360 CIVIL TERM JAMES C.D. WILSON CIVIL ACTION -LAW ORDER OF O RT AND NO W, this ?i day of APRIL, 2000, after conference with counsel, our Order of November 24, 1999, is hereby modified as follows: 3. The paternal grandmother, Lorraine Wilson, shall have periods of visitation with the minor child one evening every other week from the time school is out until 7:00 p.m. She shall pick the child up at the babysitter's home and shall return the child to the Mother's home. Grandmother shall provide babysitter and Mother at least 7 days notice of the evening upon which she intends to exercise said visitation. Provided, however, that Mother shall immediately provide Grandmother's counsel with a copy of the child's baseball schedule. Grandmother may not schedule visitation on any scheduled game or practice night. 6. Whoever has physical custody of the child on Saturday morning shall require the child to telephone Grandmother between 8:30 a.m. and 9:00 a.m. The child shall be allowed to talk as long as Grandmother wishes, but in no event longer than 20 minutes. If Grandmother is not home to answer the phone, the provisions of this paragraph will be # satisfied if the child leaves a message on her answering machine. i } In all other respects our Order of November 24, 1999, shall remain in full force and effect. Grandmother's Petition for Contempt and Special Relief is dismissed. By the Court, Edward E. Guido, J. Dawn L. Lisi, Esquire For the Plaintiff Mark C. Duffle, Esquire Jason P. Kutulakis, Esquire :sld 11.00 RKg .?1 ?. t . . .. ,: ;; ? MAR 2 9 20000 LORRAINE WILSON, Plaintiff/Petitioner V. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99 - 5360 CIVIL Defendants/Respondents ORDER OF COURT AND NOW, this -.26 ?tay of 114 6" 2000, upon consideration of the foregoing Petition for Contempt and Special Relief, it is hereby ordered and decreed as follows: 4e lrl4oaf C*Aj F e1wc a &W i-k C ow,? Se f- 1. A hemiNg will be held on this matter on the day of . 2000, at n o'clock _ m. '- .? the Honorable Edward E. Guido at the Cumberland County Court House, Carlisle, Pennsylvania. Pa,+i v.l ERA Cou uSr C / S d ? ,6eo fC d to %A) #'f-;A rE 7A e Ce.? Fta t? e t Ce* I (, 2. In the interim, Respondents, Theresa Strawser and James C.D. Wilson, shall comply with the November 24, 1999 Custody Order, including the provision therein for Petitioner to have reasonable telephone access and visits with the minor child every other week. By the Court, Edward E. Guido, Judge ?O I1 •r s W n o = N W CO 3 a J r a w ` w a N P ° a a I I m n o N ^ Q a N a o w N 0 % O O a wZ 2 u n w 0 N a m N a F rt a 2 HM sms mscu.... os.ea.ea rc... ox nua oo.uens no3u?r?snr 101? Z s ?nnu?' - LORRAINE WILSON, Plaintiff/Petitioner V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants/Respondents : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY/VISITATION : NO. 99 - 5360 CIVIL PETITION FOR CONTEMPT AND SPECIAL RELIEF AND NOW comes the Petitioner, Lorraine Wilson, by and through her attorneys, Milspaw and Beshore, and files the following Petition for Contempt and Special Relief and in support thereof avers the following: 1. Petitioner is Lorraine Wilson, Plaintiff in the above-captioned matter, who currently resides at 10 Dartmouth Street, Harrisburg, Dauphin County, Pennsylvania. 2. Respondents are Theresa Strawser (hereinafter "Strawser" ), who currently resides at 105 Meadowbrook Road, Lot 14, New Cumberland, Cumberland County, Pennsylvania, and James C.D. Wilson, who currently resides at 3895 Valley Road, Marysville, Cumberland County, Pennsylvania, Defendants in the above-captioned matter. 3. Petitioner is the natural grandmother of Brett Palmer Strawser, born June 11, 1992. Respondents are the child's natural mother and father. 4. Following a conciliation, on November 24, 2000, Judge Edward E. Guido entered a temporary Order in the above captioned custody action. A true and correct copy of the Order is attached to the Petition as Exhibit "A" 5. Paragraph 3 of the Order provides Petitioner periods of visitation with the minor child every other week, from after school, if the child is in school, until 7:00 p.m. 6. Pursuant to said paragraph, on March 11, 2000, Petitioner called Respondent Strawser to request a visit on Saturday, March 18, 2000, which visit Respondent refused. 7. Petitioner then requested a visit Respondent for a visit with the minor child on Friday, March 24, 2000, from after school until 9:00 p.m., because the child would not have school the next day. 8. Respondent Strawser stated that Petitioner was only allowed a three hour visit according to the Order, and she would not allow the Petitioner to have a longer visit, even though the child did not have school the next day and Petitioner's last visit was on February 5, 2000. 8. Petitioner's attorney spoke to Strawser's counsel, Mark Duffle, Esquire, on March 13, 2000 and March 21, 2000 in an attempt to arrange a visit for Petitioner with her grandson on March 24, 2000. 9. Mr. Duffle stated he would talk to his client, Theresa Strawer, and contact Petitioner's counsel, but no contact with Petitioner or her counsel was made, despite telephone messages left by Petitioner's counsel, for Strawser's counsel, on March 23, 2000 and March 24, 2000. 10. Due to Respondents' contemptuous behavior, Petitioner has been denied access to her grandson since February 5, 2000, with the exception of a twenty minute visit with the child at his babysitter's home on March 8, 2000. 11. The minor child is extremely upset by the parties actions, and the lack of visits with his grandmother, the petitioner herein. 12. The minor child is outwardly depressed and in need of psychological evaluation and counseling. 13. In addition, in paragraph six of the November 24, 1999 Order, Grandmother was granted reasonable telephone access with the minor child. 14. Subsequent to February 24, 2000, Petitioner has left at least three telephone messages for the minor child when he was allegedly not at home when she called, and none of the calls were returned by the minor child. 15. The minor child has told Petitioner that he was unaware that she had called, and was not told to return the calls. 16. The parties to this action had a second conciliation on February 24, 2000, with Michael Bangs, Esquire, but were unable to reach an agreement. 17. The matter is currently scheduled for hearing before the Honorable Edward E. Guido on May 24, 2000. 18. Petitioner believes, and therefore avers, that Respondents have no intention of complying with the terms of the Custody Order dated November 24, 1999. 19. Petitioner believes and therefore avers that Respondents have acted directly contrary to the dignity and authority of this Court and have acted in direct defiance of the aforementioned Court Order. 20. Petitioner believes, and therefore avers, that Respondents' actions are in direct contempt of this Order. 21. The actions of the Respondents have already compelled, and will continue to compel Petitioner to spend large amounts of time and money in pursuit of th-- rights previously granted her under the Order. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order requiring Respondents comply with the November 24, 1999 Order, adjudicating Respondents in contempt of Court and granting the following special relief: A. That the Respondents are Ordered to have the minor child psychologically evaluated and treated in accordance with the Psychologist's recommendations. B. That Petitioner be granted reasonable counsel fees and costs in the amount of $1000.00 for having to bring this action. Respectfully submitted, MILSPAW & BESHORE Date: jl i?L - 71 % m By: L\A Dawn L. Lisi, Esquire Attorney I.D. No. 82155 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorneys for Plaintiff Verification The above-named petitioner, Lorraine Wilson, verifies that the statements made in above Petition are true and correct. The petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 0.3- Z 7• D o ?is-? an c' ??,?a'y? Lorraine Wilson Petitioner ,? ?> ?? ?b m LORRAINE WILSON, Plaintiff VS. THERESA STRAWSER and JAMES C.D. WILSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5360 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this c;& day of :21 yi t Asti , 1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this temporary Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: I. The natural parents of the child, Theresa Strawser and James C.D. Wilson, shall share legal custody of their minor child, Brett Palmer Strawser, d.o.b. June 11, 1992. 2. Mother, Theresa Strawser, shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as agreed upon. 3. The paternal grandmother, Lorraine Wilson, shall have periods of visitation with the minor child to occur one time every other week, from after school, if the child is in school, until 7:00 p.m. Grandmother shall work with the Mother to provide her with some advance notice as to when she intends to exercise this period of visitation. Mother shall cooperate with Grandmother and acknowledges that Grandmother's schedule will sometimes not permit advance notice as to when she can exercise this period of visitation. 4. Grandmother shall have the child from 2:00 p.m. until 9:00 p.m. on Christmas Eve, 1999. She shall return the child to Mother's residence at 9:00 P.M. on that evening. 5. The parties acknowledge that they shall make no derogatory remarks about each other in front of the child. 6. Grandmother shall have reasonable telephone access with the minor child. 7. The parties shall reconvene for another conciliation conference before Michael L. Bangs, Esquire, on Thursday, February 24, 2000, at 9:00 a.m. BY THE COURT, ss / J. Dawn L. Lisi, Esquire Sanford Krevsky, Esquire Mark C. Duffie, Esquire mlb T W r (:r?to i «rl 4 Prr.CtRD In Te'l:inon; II lcu 'a'" ':i n,y hand and ilia seal of sad Court at Cadi;! , Pa. This ...A2.4:?t day QL:.+ ..... ............ pow .. .... Prothonota CERTIFICATE OF SERVI E I hereby certify that I am this day serving a copy of the Petition for Contempt and Special Relief upon the persons and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P., by depositing a true and correct copy of same in the United States Mail, first-class, postage prepaid, addressed to the following: Mark C. Duffle, Esquire 301 Market Street Lemoyne, PA 17043 Jason P. Kutulakis, Esquire Marshall & Haddick, P.C. 20 South 36th Street Camp Hill, PA 17011 Date: qk-U,& MILSPAW & BESHORE By: 4 r Dawn L. Lisi, Esquire 130 State Street P. O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 Attorneys for Petitioner r„ ._ . ? r. ?. i LORRAINE WILSON, Plaintiff/Petitioner V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99-5360 CIVIL Defendants/Respondents NOTICE TO PLEAD TO: Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 Counsel for Plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PRELIMINARY OBJECTIONS OF DEFENDANT, JAMES C. WILSON WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. MARSHALL & HADDICK, P.C. Date: 11- JI- 60 laso V. KutLIMis, Esquire Attorney I.D. No. 80411 20 South 36" Street Camp Hill, PA 17011 Tele: (717) 7314800 Counsel for James C. D. Wilson CERTIFICATE OF SERVICE AND NOW, this/2 day of April, 2000, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE TO PLEAD TO PRELIMINARY OBJECTIONS OF DEFENDANT, JAMES C.D. WILSON, upon all counsel of record and/or unrepresented parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail and Fax Transmittal: Mark C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 Counsel for Defendant Teresa Strawser By First-Class Mail and Fax Transmittal: Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 Counsel for Plaintiff 7 ",.h LORRAINE WILSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THERESA STRAWSER and NO. 99-5360 CIVIL TERM JAMES C.D. WILSON CIVIL ACTION - LAW AND NOW, this fL day of APRIL, 2000, it appearing to the Court that Respondent James Wilson's Amended Answer to Petition for Contempt and Special Relief was filed the day after the Petition was resolved by conference call, Respondent's request for relief is DENIED. Dawn L. Lisi, Esquire Jason P. Kutulakis, Esquire Mark C. Duffle, Esquire Ad By the Cou Edward E. Guido, J. ?eo 4 , 1 : . ? 11 1 ; ,, v?";: ... ?{ `._ ,? Il " C . 1 ? L t APR 1 R 200 LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99-5360 CIVIL Defendants/Respondents ORDER OF COURT AND NOW, this day of 2000, upon consideration of the foregoing Amended Answer to Petition For Contempt and Special Relief and New Matter, it is hereby ordered and decreed as follows: 1. Petitioner, Lorraine Wilson be ordered to have a psychological evaluation and treated in accordance with the psychologist's recommendation; 2. Petitioner Lorraine Wilson be Ordered to comply with the November 24, 1999, temporary Order; 3. Respondent, James C. D. Wilson be granted reasonable attorney's fees and costs in the amount of $250.00 for having to respond to Lorraine Wilson's Petition for Contempt and for having to bring this action forward. By the Court, Edward E. Guido, Judge Distribution: Dawn L. Lisi, Esquire Jason P. Kutulakis, Esquire Mark C. Duffie, Esquire LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99-5360 CIVIL Defendants/Respondents : NOTICE TO PLEAD TO: Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 Counsel for Plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. MARSHALL & HADDICK, P.C. Date: y- 7- OO Jaso P. KutuIakis, Esquire Atto ey I.D. N0.804 11 20 South 36" Street Camp Hill, PA 17011 Tele: (717) 731-4800 Counsel for James C. D. Wilson LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99-5360 CIVIL Defendants/Respondents AMENDED ANSWER TO PETITION FOR CONTEMPT AND SPECIAL RELIEF AND NOW comes Respondent, James C.D. Wilson, by and through his counsel, Jason P. Kutulakis, by and through Marshall & Haddick, P.C., and file the following response to Petition for Contempt and Special Relief and in support thereof avers the following: Admitted. 2. Admitted in part and Denied in part. It is denied that Respondent Theresa Strawser (hereinafter "Strawser"), currently resides in Cumberland County. It is believed and therefore averred that Strawser resides in York County, Pennsylvania. It is denied that Respondent James C.D. Wilson (hereinafter "Wilson"), currently resides in Cumberland County, Pennsylvania. It is believed and therefore averred that Respondent James C. D. Wilson resides in Perry County. 3. Admitted. 4. Admitted in part and Denied in part. It is denied that the temporary court order date is November 24, 2000. It is believed and therefore averred that the correct date is November 24, 1999. Denied as stated. Paragraph 3 is a written document that speaks for itself. By way of further response, the entire paragraph 3 is incorporated herein by reference. 6. Denied. By way of further response, Petitioner called Respondent Strawser to request a visit on Friday, March 17, 2000. Brett Palmer Strawser (hereinafter the child) had previously scheduled visitation with his father, James Wilson, for the weekend of March 17, 2000. 7. Admitted. 8. Denied. It is specifically Denied that Respondent James C.D, Wilson received request for a visit to commence on March 24, 2000. It is believed and therefore averred that Petitioner requested a five (5) hour visitation on Friday, March 24, 2000 and Respondent, Strawser, informed Petitioner that Respondent's were amenable to three (3) hour visitation and not a five (5) hour visitation as requested. A three (3) hour visitation is in compliance with the November 24, 1999 temporary Court Order. 8. Respondent's answer is numbered in accordance with the Petition which is mis numbered as a second paragraph number 8. After reasonable investigation, Respondent is unaware of the information contained therein and therefore is denied. 9. After reasonable investigation, Respondent is unaware of the information contained therein, and therefore is denied. 10. Denied as a conclusion of law. By way of further response, Respondent's have specifically expressed their willingness to comply with the temporary court order of November 24, 1999. It is specifically denied that the Respondent's have denied petitioner any visitation within the Court Order (see Exhibit "A" March 10, 2000 correspondence to Attorney Lisi.) The visit that Petitioner made to the babysitter's home was longer than twenty minutes. It is believed therefore averred that Petitioner visited with the minor child on March 8, 2000 for approximately forty five minutes to one hour. The visit that petitioner made to the babysitter's home on March 8, 2000 is outside the specific order of this Honorable Court). 11. Denied. 12. Denied. The answering Respondent has given close attention and monitored the behavior and emotions of the child. It is his opinion that the child has not suffered any outwardly depression. 13. Admitted. 14. After reasonable investigation, Respondent Wilson does not have knowledge regarding telephone conversations or messages left for the child, none were left at Respondent Wilson's residence. 15. Denied. 16. Admitted. 17. Admitted. 18. Denied as stated. Respondent Wilson clearly expressed his willingness to continue to amicably work towards visitations. See March 10, 2000 correspondence attached as Exhibit "A". 19. Denied as stated as a conclusion of law. By way of further response, it is specifically denied that Respondent Wilson is in contempt of the November 24, 1999, Court Order. In fact, the Petition fails to cite one instance in which Respondent Wilson is alleged to be in contempt of this Honorable Court's Order. 20. Denied. It is specifically denied that Respondent Wilson's actions are in direct contempt of this Order. 21. Denied. It is specifically denied that Respondent has in any way caused Petitioner to spend time or money in pursuit of rights granted under the Order. It is specifically denied that it is the Respondent's conduct which is becoming costly for the Petitioner. The Respondent's will continue to allow visitation as long as Court Ordered to do so, or in the alternative, as long as they believe it is in the best interest of the child. NEW MATTER 22. Petition fails to allege any improper conduct on the part of Respondent, James C.D. Wilson. 23. Petition fails to state any contemptuous behavior on behalf of Respondent Wilson. 24. Any difficulties regarding scheduling of visitation are solely the result of Petitioner's (child's grandmother) conduct. 25. The aforementioned paragraphs are incorporated by reference herein. 26. James Wilson was married to Billie-Jo Wilson on August 7, 2000 and they currently reside together at 3895 Valley Road, Marysville, Perry County, Pennsylvania. Since their marriage, Mr. and Mrs. Wilson continue to have visitation of the child. 27. Teresa Strawser resides with her fiance, Michael Stoner, at 105 Meadowbrook Road, Lot 14, New Cumberland, York County, Pennsylvania. 28. Teresa Strawser is the primary physical custodian of the child and therefore provides the primary residence where the child resides. 29. The parents, James C.D. Wilson and Teresa Strawser continue tc amicably work and coordinate visitation between their two new families. 30. As a result of the formation of two complete and cooperating families, the child is fortunate to have in excess of forty (48) immediate relatives which all desire contact with him. 31. On or about January 24, 2000, Petitioner made an unscheduled visit with the minor child at the babysitter's home without notifying either of the Respondent's of her intent to do so. She proceeded to visit with the minor child for approximately forty five (45) minutes to one hour. 32. On or about February 5, 2000, Respondent's granted Petitioner an overnight visit with the child, Petitioner was responsible for picking up the minor child at the Respondent, James C.D. Wilson's residence. On the morning of February 5, 2000, Petitioner made phone contact with Respondent James C.D. Wilson refusing to pick child up at father's residence, demanding that he return the minor child home because that is the only place she would pick him up. 33. Pursuant to the conciliation conference of November 24, 1999, Petitioner was informed by conciliator that the parents did not want the child sleeping in her bed during sleepovers and she would have to honor their request because they are the parents. At the February 5, 2000, overnight child informed parents that Petitioner had child sleep in her bed with her. 34. March 8, 2000, Lorraine Wilson specifically violated the court order by exercising an unscheduled visit with the child at the babysitter's house after school and proceeded to make derogatory comments to the child about his parents. Her actions have caused disruption to the parent/child relationship and has caused serious turmoil in both the primary physical residence and the father's residence. Her actions were clearly not in the best interest of the child. 35. Jim Wilson's counsel corresponded in writing with Wilson's counsel, Dawn Lisi, Esquire, making her aware of this violation. 36. Pursuant to paragraph 5 of the temporary Order of November 24, 1999, (attached as Exhibit "B") parties shall make no derogatory remarks about each other in front of the child. It is believed therefore averred that Petitioner has made derogatory comments to the minor child regarding the Respondents during her visits with the child. 37. It is believed and therefore averred that Lorraine Wilson is positioning herself in such a way to control this relationship and thereby does not have the best interest of the child at heart. WHEREFORE, Petitioner respectfully request this Honorable Court to deny Petitioner's, Lorraine Wilson, request for contempt and special relief and hold Lorraine Wilson in contempt at the following special relief: A. That Lorraine Wilson be Ordered to have a psychological evaluation and treated in accordance with the psychologist's recommendation; B. That Lorraine Wilson be Ordered to comply with the November 24, 1999, temporary Order; C. James Wilson be granted reasonable attorney's fees and costs in the amount of $250.00 for having to respond to Lorraine Wilson's Petition for Contempt and for having to bring this action. Respectfully submitted, & HADDICK, P.C. Date: LI _ `7 -CEO Attorney I.D. No. 80411 20 South 36'h Street Camp Hill, PA 17011 Tele: (717) 731-4800 Counsel for James C. D. Wilson VERIFICATION The above - named respondent, James C.D. Wilson, verifies that the statements made in the above Answer to Petition are true and correct. The respondent understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: L/•7- op By: James C.D. Wilson, Respondent EXHIBIT A MARSHALL & HADDICK, P.C. a professional corporation ATTORNEYSATIAW 30 SOUTH 36ni STREET CAMP HILL, PENNSYLVANIA 17011 FRANCIS E. MARSHALL, JR. CHARLES E. HADDIM JR. LORI ADAMCIK KARISS THOMAS M. CHAIRS JASON P. KU UTAKIS AIAN M. ROBINSON March 10, 2000 VIA REGULAR MAIL AND FACSIMILE 236-0791 Milspaw & Beshore Attorneys at Law Attn: Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 TELEPHONE: (717) 7311800 PAX: (717) 731.1803 EMAIL: mhpalaw®aol.com INTERNET: www.mh.baweb.com RE: Lorraine Wilson v. Theresa Strawser and James C.D. Wilson Dear Ms. Lisi: I am writing on behalf of my client, James C. Wilson, regarding some of his concerns in the above captioned matter. Since the last Custody Conciliation hearing, February 24, 2000, your client, Lorraine Wilson has not exercised a scheduled visit with her grandson, Brett, in accordance with the Custody Order issued in this matter. In fact, she has not contacted the parents about exercising a scheduled visit in accordance with the Custody Order since February 5, 2000 . However, on March 8, 2000 at approximately 3:30 pm Ms. Wilson exercised an unscheduled visit with Brett at the babysitter's house after school. As you are aware, Ms. Wilson is not to exercise any visitation with Brett without prior approval from the parents. Neither of the parents were aware that Ms. Wilson was planning on visiting with Brett on March 81h , therefore, violating the Custody Order. Furthermore, at that time Ms. Wilson proceeded to make derogatory comments to Brett about his parents and explained to him that she was upset with his parents. Additionally she explained to him that she is not sure if she will ever be able to see him again. Although my client has been extremely willing to continue to amicably work towards more liberal visitation, your clients continued conduct is very unproductive and in fact, detrimental. It continues to cause hardship and tension between Brett and his parents. March 10, 2000 Page Two Please advise your client of her obligation to conduct herself within the four corners of the existing Order. Very truly yours, MARSHALL HADDICK, P.C. jJas' P. Kutulakis, Esquire JPK/bjw r"1 Exhibit B LORRAINE WILSON, ) Plaintiff ) vs. ) T14ERESA STRAWSER and ) JAMES C.D. WILSON, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5360 CIVIL CIVIL ACTION-LAW ORDER AND NOW, this a 4 Zf` day of ?'? evc?_ 1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this temporary Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The natural parents of the child, Theresa Strawser and James C.D. Wilson, shall share legal custody of their minor child, Brett Palmer Strawser, d.o.b. June 11, 1992. 2. Mother, Theresa Strawser, shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as agreed upon. 3. The paternal grandmother. Lorraine Wilson, shall have periods of visitation kith the minor Child 10 occur one time C\ rrv other neck, from alter school, if the child is in school.until 7:00 p.m. Gran(Inutthcr shall work with the Mother to provide her with sontC :t(Ivancc noticC as to when site intends to exercise this period ohvisitation. Mother shall cooperate with (;randmother and acknowledges that Grandmother's schedule will sometimes not permit advance notice as to when she can exercise this period of visitation. 4. Grandmother shall have the child from 2:00 p.m. until 9:00 p.m. on Christmas Eve, 1999. She shall return the child to Mother's residence at 9:00 p.m. on that evening. 5. The parties acknowledge that they shall make no derogatory remarks about each other in front of the child. 6. Grandmother shall have reasonable telephone access with the minor child. 7. The parties shall reconvene for another conciliation conference before Michael L. Bangs, Esquire, on Thursday, February 24, 2000, at 9:00 a.m. BY THE COURT, Dawn L. Lisi, Esquire Sanford Krevsky, lisquirc Mark C. DUffiC, lisquirc mlh ?LIJI, ?l ov y?. CERTIFICATE OF SERVICE AND NOW, this' day of April, 2000, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer to Petition for Contempt and Special Relief and New Matter of Defendant, James C. D. Wilson, upon all counsel of record and/or unrepresented parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail and Fax Transmittal: Mark C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 Counsel for Defendant Teresa Strawser By First-Class Mail and Fax Transmittal: Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 Counsel for Plaintiff 5 CERTIFICATE OF SERVICE AND NOW, this 7" day of April, 2000, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Amended Answer to Petition for Contempt and Special Relief and New Matter of Defendant, James C. D. Wilson, upon all counsel of record and/or unrepresented parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: B First-Class Mail : Mark C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 Counsel for Defendant Teresa Strawser By First-Class Mail: Milspaw & Beshore Attorneys at Law Dawn L. Lisi, Esquire 130 State Street P.O. Box 946 Harrisburg, Pennsylvania 17108-0946 Counsel for Plaintiff Jaso P. Kutulakis, Esquire LORRAINE WILSON : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THERESA STRAWSER and NO. 99-5360 CIVIL TERM JAMES C.D. WILSON CIVIL ACTION -LAW ORDER OF O RT AND NOW, this a (.A day of APRIL, 2000, a Rule is issued upon Defendants to Show Cause why Plaintiff's Petition for Transfer should not be granted. Rule returnable fifteen (15) days after service. By the Dawn L. Lisi, Esquire For the Plaintiff Mark C. Duffle, Esquire Jason P. Kutulakis, Esquire E. Guido, J. J &'"' ? ?) 4Qd.GL Ql `1-24 -60 OKs :sld . •? '. 11311 24 SOW LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff /Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99 - 5360 CIVIL Derendants/Respondents ORDER OF COURT AND NOW, this day of 2000, upon consideration of the foregoing Petition for Transfer, it is hereby Ordered and Decreed as follows: This case is transferred to York County. 2. The Cumberland County Prothonotary will forward to the York County Prothonotary certified copies of the docket entries, process, pleadings and all other papers filed in this matter. By the Court, Edward E. Guido, Judge s W n a a w a J Q ? j ? W ? r V • W m N W x i I N Z f m d n _ 3 a in p w o a a m a IN J _ R a x HM YGItY ?7 SG It\1f?GG Ia Y .ifl fG?aY M Olpf OJ naen5 b9l lllvlS nv LORRAINE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW THERESA STRAWSER and : CUSTODY/VISITATION JAMES C.D. WILSON, : NO. 99 - 5360 CIVIL Defendants/Respondents PETITION TO TRANSFER AND NOW comes the Petitioner, Lorraine Wilson, by and through her attorneys, Milspaw and Beshore, and files the following Petition to Transfer and in support thereof avers the following: 1. Petitioner is Lorraine Wilson, Plaintiff in the above-captioned matter, who currently resides at 10 Dartmouth Street, Harrisburg, Dauphin County, Pennsylvania. 2. Respondent, Theresa Strawser (hereinafter "Strawser" ), currently resides at 105 Meadowbrook Road, Lot 14, New Cumberland, York County, Pennsylvania. Respondent, James C.D. Wilson, currently resides at 3895 Valley Road, Marysville, Perry County, Pennsylvania. Petitioner is the natural grandmother of Brett Palmer Strawser, born June 11, 1992. Respondents are the child's natural mother and father. 4. Petitioner commenced this action by filing a Complaint on or about September 1, 1999, in the Court of Common Pleas of Cumberland County, Pennsylvania. 5. When the Complaint was filed, Petitioner believed and therefore averred that Respondent, Theresa Strawser, resided in Cumberland County. 6. Although the New Cumberland Post Office is located in Cumberland County, Respondent, Theresa Strawser, resides in Fairview Township, York County. Following a conciliation, on November 24, 1999, Judge Edward E. Guido entered a temporary Order in the above captioned custody action. 6. The November 24, 1999 Order was modified by Judge Edward E. Guido on April 6, 2000, following a telephone conference with counsel for the parties. On or about April 4, 2000, Respondent, James C.D. Wilson filed Preliminary Objections, which raised the issue of venue. 8. In paragraph 1 of the Preliminary Objections, Respondent avers that he resides in Perry County. 9. In paragraph 2 of the Preliminary Objections, Respondent avers that Respondent, Theresa Strawser, resides in York County. 10. The minor child, Brett Palmer Strawser, resides with Respondent, Theresa Strawser, in York County. 11. In paragraph 3 of the Preliminary Objections, Respondent avers that Petitioner resides in Dauphin County. 12. Pursuant to Pennsylvania Rule of Civil Procedure 1915.2, the appropriate forum to determine this custody matter is York County. 13. Pursuant to Pennsylvania Rule of Civil Procedure 1006.2(d), any party may petition the court to transfer an action to the appropriate court of any other county where the action could originally have been brought or could be brought at the time of filing the petition to transfer. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order transferring this matter to York County and requiring the Cumberland County Prothonotary to forward certified copies of the docket entries, process, pleadings and all other papers filed in this matter to the York County Prothonotrary. Respectfully submitted, MILSPAW & BESHORE Date: ?7o??aG By: awn L. Lisi, squire Attorney I.D. No. 82155 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorneys for Plaintiff VERIFICATION The above-named petitioner, Lorraine Wilson, verifies that the statements made in above Petition are true and correct. The petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: a y le- c c 1 cc/ ?,/..QO+.^? Lorraine Wilson Petitioner CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Petition for Transfer upon the persons and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P., by depositing a true and correct copy of same in the United States Mail, first-class, postage prepaid, addressed to the following: Mark C. Duffre, Esquire 301 Market Street Lemoyne, PA 17043 Jason P. Kutulakis, Esquire Marshall & Haddick, P.C. 20 South 36th Street Camp Hill, PA 17011 MILSPAW & BESHORE Date: April 18, 2000 By: Elizabeth M. Gable, Paralegal 130 State Street, P. O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 l 11. _ LI •! f _, W 1. c O N a LI a N J W " U CO K 1 I N ?1 r? 0 1 ? d w a m n z 1- 3 u m o u w d O N :? m m r J ? a n a LORRAINE WILSON, Plaintiff V. THERESA STRAWSER and JAMES C.D. WILSON, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY/VISITATION : NO. 99 - 5360 CIVIL PRAECIPE TO DISCONTINUE CUSTODY ACTION WITHOUT PREJUDICE TO THE PROTHONOTARY: Please discontinue the above captioned Custody Complaint, Without Prejudice. Respectfully submitted, MILSPAW & BESHORE `k `^' ` Date: May 8, 2000 Dawn L. Lisi. ID No. 82155 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 Attorney for the Plaintiff CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Praecipe to Discontinue Custody Action Without Prejudice upon the persons and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P., by depositing a true and correct copy of same in the United States Mail, first-class, postage prepaid, addressed to the following: Mark C. Duffle, Esquire 301 Market Street Lemoyne, PA 17043 Jason P. Kutulakis, Esquire Marshall & Haddick, P. C, 20 South 36th Street Camp Hill, PA 17011 Date: '506-0 MILSPAW & 111SI IORE By: Dawn L. Lisi, Esquire 130 State Street P. O. Box 946 Harrisburg, PA 1 7 1 08-0946 (717)236.0781 Attorneys for Plaintiff