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HomeMy WebLinkAbout03-3441MARY E. WITTLE, Plaintiff VS SUSANN HARREN and JEFFREY A. WITTLE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. VISITATION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 MARY E. WITTLE, Plaintiff VS SUSANN HARREN and JEFFREY A. WITTLE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : VISITATION COMPLAINT FOR VISITATION RIGHTS AND NOW comes Plaintiff, by and through her attomey, John H. Broujos of Broujos & Gilroy, P.C., and files this Complaint in accordance with 23 PaCSA 5311 ff and avers as follows: 1. Plaintiff is Mary E. Wittle, an adult individual residing at 9834 Jonestown Road, Grantville, Cumberland County, Pennsylvania 17028. 2. Defendant is Susann Harren, an adult individual residing at 723 Valley Street, Ist floor, Enola, Cumberland County, Pennsylvania 17025, referred to herein as Defendant. Defendant is Jeffrey A. Wittle, an adult individual last known to reside at 19 W. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, referred to herein as Father. His workplace is unknown and he apparently has no cell phone. 3. Plaintiff seeks visitation of her grandchildren, Casie Harren-Wittle, age 11, and Codi Harren-Wittle, age 4, residing at 723 Valley Street, Enola, Cumberland County, Pennsylvania. · Casie Harren-Wittle was bom May 14, 1992 and is eleven years of age; Codi Harren- Wittle was bom July 14, 1998 and is five years of age. · Children am presently in the custody of Defendant who resides at 723 Valley Street, 1st Floor, Enola, PA 17025. During the past five years, Children have resided with the following persons and at the following addresses: Person Address Dates Susann Harren 723 Valley St, 1st floor 3/02 to present Michael Spoonhour (fianc6) Enola, PA 17025 Susann Harren 723 Valley St, 1st floor 2/02 to 3/02 Enola, PA 17025 Susann Harren Jeffrey Wittle Susann Harren Susann Harren Jeffrey Wittle 723 Valley St, 1st floor Enola, PA 17025 723 Valley St, 1st floor Enola, PA 17025 723 Valley St, 1~t floor Enola, PA 17025 8/02 to 2/02 10/00 to 8/01 5/97 to 10/00 The Mother of Children is Susann Harren, currently residing at 723 Valley Street, 1st Floor, Enola, Cumberland County, Pennsylvania 17025. · She is not married to Father. 4. The relationship of Plaintiffto Children is that of Grandmother. · The Plaintiff currently resides with the following persons: Name Relationship Linda Latsha Roommate 5. The relationship of Defendant to Children is that of Mother. · The Defendant currently resides with the following persons: Name Relationship Michael Spoonhour fianc~ Casie Harren-Wittle son Codi Harren-Wittle son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Children in this or another Court. 7. Plaintiff has no information of a custody proceeding concerning Children pending in a Court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of Children or claims to have custody or visitation rights with respect to Children, except Father of Children. 9. Each parent who has parental rights to Children which have not been terminated and the person who has physical custody of Children are parties to the action. Father consents to visitation rights in Plaintiff and is a party to this action. 10. Since the date of birth of Children, Plaintiff would see Children at least every weekend, from a couple hours through the entire weekend from Saturday to Monday morning, caring for Children, changing their diapers, and performing mother functions during the entire period of visitation approved by Defendant. 11. If Children had a cold or other physical ailment, Plaintiff would take care of Children in the role of a mother. 12. Defendant Mother of Children never objected to this care. On the contrary, she wanted and accepted the performance of parental functions by Plaintiff, particularly since Mother worked every day on weekends as a bartender and waitress; again, with no objection from Defendant. 13. The attitude of Defendant gradually hardened. On an occasion, Defendant and her boyfriend were upset because they thought Plaintiff had not made a call prior to dropping off clothing; however, Plaintiff had called and the phone had not been answered. This demonstrated an example of the continuing difficulty and lack of cooperation of Defendant and denial of visitation, particularly after boyfriend got into the picture of custody of Children. 14. The older Child tried to contact Plaintiff; and when Defendant and boyfriend became aware, they directed Plaintiff from entering premises; and they threatened arrest. 15. Phone numbers of Defendant were changed more than once so Plaintiff and her son could not arrange to see Children. By registered letters and other letters, Plaintiff was prohibited from talking to Children. 16. Written notices by Defendant were delivered to Plaintiff, directing her not to enter the premises and to take Children away for compliance, or even for communication. Plaintiff would take personal cards to Children at the house of Defendant, after Children were in bed, and proffered the cards to Defendant, with the boyfriend standing nearby; and Children indicated they never received the cards. 17. Within the last two months, Plaintiff attempted a telephone call to Children; and Plaintiff talked with Child Casie, at which time the step-grandfather refused to permit Child to talk to Plaintiff. 18. Plaintiff has been unable to enjoy visitation of children throu?:~ Father, since Father also was prohibited from visitation with Children, ostensibly because of non payment of support; the last visitation of Father being sometime around March 30, 2003. 19. To PlaintiWs knowledge, Father has had no or insufficient visitation with Children since that date. 20. Defendant advised Plaintiff to the effect that under no circumstances would Plaintiff have any visitation through Father, since for some reason Defendant and her boyfriend did not want Plaintiff to have visitation with Children. On numerous occasions, Defendant denied visitation to Father because Father permitted Children to be taken in the presence of Plaintiff whether or not Father was present. 2l. Defendant told the daughter of Plaintiff that Plaintiff could not have visitation because Defendant wanted a stable family environment, since Defendant and her boyfriend were going to become married. 22. A grandmother should not be deprived of the right to visitation because of the failure of Father to pay support. 23. For these and other reasons, Plaintiff avers that visitation with Children would be in the best interests of Children. WHEREFORE, Plaintiff requests this Court to grant visitation rights to Children to Plaintiff and Father. ~°~Att ~ey for Plaintiff ~UJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574; 717/766-1690 FAX# 717/243-8227 Date: I verify that the statements in the foregoing pleading are tree and correct. I understand that false statemems herein are made subject to the penalties of 18 PaCS 4904 relating to unswom falsification to authorities. Date: Wit~le~ mary NOTICE TO PLEAD In accordance with PRCP 1026 and 1361, you are hereby notified to file a written response to the enclosed Complaint for Visitatlon Rights within twenty (20) days from service hereof or a judgment may be entered against you. ~for Plaintiff MARY E. WITTLE : PLAINTIFF : V. : SUSANN HARREN AND JEFFREY A. : WITTLE DEFENDANT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3441 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, ~ Thursday, July 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 19, 2003 at _9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE, COURT, By: /si ]acqueline M. Ve_rney. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARY E. WITTLE PLAINTIFF SUSANN HARREN AND JEFFREY A. WiTfLE DEFENDANT iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3441 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 05, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Tuesday, September 02, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to alyOear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THECOURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 V1NVA'IASNNL"zld MARY E.WITTLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-3441 CWIL ACTION LAW SUSANN HARREN AND JEFFREY WITTLE Defendants 1N CUSTODY ORDER OF COURT AND NOW, this /Y-o day of ?~ , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Patemal Grandmother, Mary E. Wittle, shall have periods of visitation with Casie Harren- Wittle and Codi Harren-Wittle every two weeks at the Harrisburg YMCA, YWCA or other agency selected by agreement of the parties. The periods of visitation shall be scheduled by agreement between the Mother and the Grandmother at times when the Chil&en do not have other regularly scheduled activities. The periods of visitation shall continue until the second conciliation conference scheduled in this Order, unless otherwise agreed between the parties. The parties agree that although other family members may participate in the periods of visitation, the Grandmother shall ensure that the Father is not present during her periods of custody. 2. The Paternal Grandmother shall be entitled to have reasonable telephone contact with the Children. 3. The parties and their counsel shall attend a second conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, November 25, 2003 at 1. :00 pm for the purpose of reviewing the visitation schedule and establishing ongoing arrangements, if appropriate. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc.~hn H. Broujos, Esquire - Counsel for Paternal G~/~dmother ,,~eanne B. Costopoulos, Esquire - Counsel for Mother ~feffrey A. Wittle - Father Oq-I MARY E.WITTLE, Plaintiff VS. SUSANN HARREN AND JEFFREY WITTLE Defendants IN THE COI. PRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3441 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Casie Harren-Wittle Codi Harren-Wittle DATE OF BIRTH CURRENTLY IN CUSTODY OF May 14, 1992 Mother July 14, 1998 Mother 2. A Conciliation Conference was held on September 3, 2003 with the following individuals in attendance: The Paternal Grandmother, Mary E. Wittle, with her counsel, John H. Broujos, Esquire, and the Mother, Susann Harren, with her counsel, Jeanne Costopc,ulos, Esquire. The Father, Jeffxey A. Wittle, had been represented by the grandmother's counsel in prior litigation between the Mother and Father, but did not attend the conference. 3. The Patemal Grandmother filed a petition for periods of custody/visitation with the Children. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator MARY E. WITTLE, Pl~fintiff VS. SUSANN HARREN AND JEFFREY WITTLE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3441 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /6-' day of ~Se.z~.~ , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Paternal Grandmother, Mary E. Wittle, shall have periods of partial custody with Casie Harren-Wittle, and Codi Harren-Wittle for a minimum of sixteen hours each month with the specific times and dates to be arranged by agreement between the Mother and Grandmother. The parries agree that although other family members may be present during periods of partial custody, the Grandmother shall ensure that the Father does not have contact with the Children during her periods of custody. The Grandmother also shall ensure that the Children's homework is completed during any after-school periods of custody. 2. The Paternal Grandmother shall have custody of the Children for the family Christmas party on December 27, 2003 and during other holiday periods as arranged by agreement. The Grandmother shall ensure that the Father is not present during holiday periods of custody. 3. The Paternal Grandmother shall be entitled to have reasonable telephone contact with the Children. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, K7A' Hess cc: John H. Broujos, Esquire - Counsel for Paternal Grandmother Jeanne B. Costopoulos, Esquire - Counsel for Mother MARY E. WITTLE, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3441 CIVIL ACTION LAW SUSANN HARREN AND JEFFREY WITTLE Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Casie Harren-Wittle Codi Harren-Wittle DATE OF BIRTH May 14, 1992 July 14, 1998 CURRENTLY 1N CUSTODY OF Mother Mother 2. A Conciliation Conference was held on December 10, 2003, with the following individuals in attendance: The Paternal Grandmother, Mary E. Wittle, with her counsel, John H. Broujos, Esquire, and the Mother, Susann Harren, and her counsel, Jeanne B. Costopoulos, Esquire. The Father, Jeffrey Wittle had been represented by the Grandmother's counsel in prior litigation between the Mother and Father but did not attend the conference. 3. The parties agreed to entry of an Order in the form as attached. 4. According to the Mother and Patemal Grandmother, the Father has had no contact with, nor made any inquiries concerning the Children since Easter 2003. Neither the Mother or Paternal Grandmother has information pertaining to the Father's current residence as he no longer resides at the Mechanicsburg address of his former girlfriend noted in the prior report in these proceedings. Date Dawn S. Sunday, Esquird Custody Conciliator PROTHONOTARY FOR THE. COUNTY OF CUMBERLAND IN THE COMMONWEALTH OF PENNSYLVANIA {, 7* IN RE: WITTLE, MARY V. HARREN, SUSANN CUSTODY i Jt 2003-3441 aPRAECIPE TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY PLEASE WITHDRAW MY APPEARANCE AS COUNSEL IN THE ABOVE-REFERENCED MATTER SINCE I HAVE RETIRED FROM PRACTICE AND HAVE NOT BEEN INVOLVED FOR SOME TIME. DATE: 10-18-2011 ? 1 J04N' . BROU; ATTQRNEY ID #6268 4 NORTH HANOVER ST. CARLISLE, PA. 17013 PHONE: 717-2434574