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HomeMy WebLinkAbout08-4842TIMOTHY P. WILKINSON, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 ?-- 4/",? C-"' ANITA M. WILKINSON, Defendant IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, TIMOTHY P. WILKINSON, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is TIMOTHY P. WILKINSON, an adult individual who resides at 1835 Signal Hill Road in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is ANITA M. WILKINSON, an adult individual who resides at 207 Brook Meadow Drive in Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife. 4. The Plaintiff and Defendant are the parents of four children. The oldest of those children, Shyne Frank Wilkinson and Alahna Marlee Wilkinson are emancipated. This complaint involves the custody of the two younger children, Blake Michael Wilkinson, now age 15, born 2 October 1992 and Tia Marie Wilkinson, now age 12, born 28 November 1995. 5. Plaintiff seeks an award of shared legal and physical custody of the children. 6. The children were not born out of wedlock and at the time of this Complaint. 7. During the past five years, the children have resided with the following persons at the following addresses: 2003 - 1 January 2008 1835 Signal Hill Drive Plaintiff & Defendant Mechanicsburg, PA 1 January 2008 - 8 July 2008 1835 Signal Hill Drive Primarily with Mechanicsburg, PA Defendant 8 July 2008 to present The daughter Tia has resided primarily with the Defendant at 207 Brook Meadow Drive in Mechanicsburg, PA. The son Blake has resided primarily with the Plaintiff at 1835 Signal Hill Drive in Mechanicsburg, PA. 8. The father of the children is the Plaintiff who resides at the address set out above. He is married to the Defendant. 9. The mother of the children is the Defendant who resides at the address set out above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the children. Plaintiff currently resides alone. 11. The Defendant is the natural mother of the children. Defendant currently resides with the two minor children at the address listed above. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. He has always been intimately involved with the children and their activities and lives; B. Plaintiff can provide a stable and secure home for the children where they can continue in the same school district and in the same home in which they have lived for much of their lives; C. Plaintiff is better able to assist the children in maintaining a good relationship with both parents and less likely to obstruct the parent-child relationship with the other parent; and D. The son Blake has indicated a preference to reside with Plaintiff; and E. The best interests of the children will be served by spending time with both parents so that the parties can maintain a close relationship with them. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff asks this court to award the parties shared legal custody of the two minor children, to award him primary physical custody of his son Blake, and award the parties shared physical custody of their daughter Tia. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: TIMOTHY P. WIL SON ? QY? A 44 ^ Cl s o ? ? w ?'a TIMOTHY P. WILKINSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANITA M. WILKINSON DEFENDANT 2008-4842 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 19, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 18, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john J. Mangan, jr., 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 r/ A-Ww4w )?? 4kv rte' '?-? ?ti.Nlf V7,,71 S .C Wd OZ my am CERTIFICATION OF PFA COSTS Cumberland County Prothonotary One Courthouse Square Carlisle, PA 17013 717-240-6195 CASE NUMBER 08-4842 DEFT'S NAME Joshua Christian Winkle VICTIM'S NAME: 22 Fourth Avenue Kathleen Nicole Soto Roebling, NJ 08554 BALANCE DUE $178.50 BALANCE BROUGHT FWD ADD DELETE 170 STATE SURCHARGE $ 100.00 $ 260-184 • SHERIFF COST $ 502 • RESTITUTION $ $ • CUMBERLAND COUNTY PROTHONOTARY OFFICE $ 78.50 $ • SURCHARGE BY ORDER OF COURT DATED $ $ • BAIL DATED $ $ • BAIL DATED $ $ • SURCHARGE BY ORDER OF COURT DATED $ $ SURCHARGE ORDER OF COURT DATED $ $ PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION RENEE SIMPSON, OF DATED: 4/2812008 (Mailed to Defendant TIMOTHY P. WILKINSON, PLAINTIFF VS. ANITA M. WILKINSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4842 CUSTODY CIVIL ACTION - LAW DEFENDANT ANITA WILKINSON'S PETITION TO MODIFY CUSTODY ORDER 1. Defendant Anita M. Wilkinson (hereinafter "Mother") is the natural mother of Tia M. Wilkinson (DOB 11/28/1995; Age 13) and Blake M. Wilkinson (DOB 10/2/1992; Age 16). 2. Plaintiff Timothy P. Wilkinson (hereinafter "Father") is the natural father of Tia M. Wilkinson and Blake M. Wilkinson. 3. On September 30, 2008 and Order was entered in this matter which is attached as Exhibit "A". 4. Under the September 30, 2008 Order Mother enjoyed primary physical custody of Tia M. Wilkinson while Father enjoyed primary physical custody of Blake M. Wilkinson. The parties shared legal custody of both children. 5. For the last three (3) weeks Mother has enjoyed primary custody of both children as Blake M. Wilkinson moved out of the marital residence and returned to live with his Mother. 6. The parties' son, Blake M. Wilkinson, desires to remain with his Mother and sister at Mother's residence. 7. Father often leaves his son unsupervised while he travels out of town on extended business trips. 8. Father does not seek to foster a healthy relationship between Mother and the children. Prior to Blake's move to his Mother's home, Mother ensured that Tia appeared for all visitations while Father deliberately frustrated Mother's access to Blake. 9. Mother is the best parent able to nurture the children while encouraging a healthy relationship with their Father. 10. Father has told his son that if he lives with his Mother he will not be rewarded with material personal property. 11. Father has ignored his son's experimentation with marijuana and alcohol. 12. Father has ignored his son's driving a vehicle without a license. 13. Mother seeks to reunite both children in one household. 14. Mother's position is supported by the Pennsylvania doctrine of family unity which the Pennsylvania Supreme Court states as: It has always been a strong policy in our law that in the absence of compelling reasons to the contrary, siblings should be raised together whenever possible. [citations omitted]. See Albright v Albright, 491 Pa. 320, 421 A.2d 157 at 160-161 (1980). See also Beers v. Beers, 342 Pa. Super. 465, 493 A.2d 116 (1985), Haag v, Haag, 336 Pa. Super. 491, 499-500, 485 A.2d 1189, 1193 (1984). WHEREFORE, Mother respectfully requests this Honorable Court to award her primary physical custody of Blake M. Wilkinson and modify the September 30th 2008 Order. Respectfully submitted, BY: Steven Howaff Law Firm Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Anita M. Wilkinson CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Samuel L. Andes, Esquire (Postage Prepaid First Class U.S. Mail) P.O. Box 168 Lemoyne, PA 17043-0168 BY: Date: June 2, 2009 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. to M. Wilkinson 5l xgloI SFP 2 9 ZUUU (M TIMOTHY P. WILKINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4842 CIVIL ACTION LAW ANITA M. WIIrKINSON, IN CUSTODY Defendant ORDER OF COURT AND NOW this _;b day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Leggy y: The Father, Timothy P. Wilkinson, and the Mother, Anita M. Wilkinson, shall have shared legal custody of Blake M. Wilkinson, born 10/02/1992 and Tia, M. Wilkinson, born 11/2811995. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.5. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custoloyy: Mother shall have primary physical custody of Tia M. Wilkinson and the Father shall have primary physical custody of Blake M. Wilkinson subject to partial physical custody of the non-primary physical custodial Child as follows: a. In a fourteen (14) day period, each parent shall have two (2) full days with overnights with the non-primary physical custodial Child (i.e. Father has Tia and Mother has Blake respectively for this time period). b. Transportation for the custody exchanges shall be shared with the non-custodial (or reving) parent picking up the Child. C. Each parent shall have additional physical custody of the non-primary custodial Child at such other times as the parties may mutually agree. 3. Counseling: The parties are directed to engage in therapeutic family counseling. (or co. parenting counseling) with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Debra Salem. The purpose of said counseling is to improve the communication between the parents and to improve the understanding of the parents of each other's parenting and coping skills. The parents need to present a unified front to the Children and need to establish a level of cooperation to implement a schedule of custody. The counseling shall be done separately, together and possibly with the Children upon the therapist's recommendation. The cost of said counseling, after appropriate payment through ( insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the non-primary Child on a reasonable basis. S. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. Each parent shall be entitled to four (4) hours the evening before the non-primary custodial Child's birthday. 6. In the event the custodial parent should take the Child/ren out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the flee and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. - 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. After a sufficient amount of counseling has been accomplished, the parties may request the assigned conciliator for a status update conference to address any modifications to the custodial schedule. 10. This Order is entered pursuant to 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, Distribution: Jordan Cunningham, Esquire, P.O. Box 60457, Harrisburg, PA 17106-0457 Samuel Andes, Esquire John J. Mangan, Esquire tRU E COPY in TOMMOny NI!l M rind the of said ROM RECORU 11 gift set any haik a at ?` :11Sie. Ps TIMOTHY P. WILKINSON, Plaintiff V. ANITA M. WILKINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 084842 CIVIL ACTION LAW IN CUSTODY CUSTODY CMCILIATION K9W- URY REPORT IN ACCORDANCE WITH cuNm BLAND COUNTY RULE OF cwm F " 1915.3-80), the undcTdgned Cta W#v C c subm tsthe follow- rf:- - --- 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Curren v in the G IA& of Blake M. Wilkinson 10/02/1992 Primary Father Tia M. Wilkinson 11/28/1995 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 26, 2008 with the following individuals in attendance: The Mother, Anita M. Wilkinson, with her counsel, Jordan Cunningham, Esq. The Father, Timothy P. Wilkinson, with his counsel, Samuel Andes, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 17Ta a John J. an, Esquire Custoft onciliator 11 10, 00 lp ATt'/ t c.'? 860 TIMOTHY P. WILKINSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ANITA M. WILKINSON DEFENDANT 2008-4842 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 05, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 08, 2009 at 1:00 PM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john j. Man an r. Es q. 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 BB-OfFICE OF THE pslTH, N, QTARY 1009 JUN -5 PM 3= 3 4 CUM °ltN Y RNKS"YZVr NIA AUG 12 200s4? v Olk TIMOTHY P. WILKINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4842 CIVIL ACTION LAW ANITA M. WILKINSON, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this 12. _ day of August 2009, upon consideration of the attached Custody Conciliation Report, it is Or eerred and Directed as follows: All prior Orders entered in the instant matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Timothy P. Wilkinson, and the Mother, Anita M. Wilkinson, shall have shared legal custody of Blake M. Wilkinson, born 10/02/1992 and Tia M. Wilkinson, born 11/28/1995. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of Tia M. Wilkinson and Blake M. Wilkinson subject to Father's partial physical custody on a repeating two month schedule as follows: a. In month one, week one, Father shall have physical custody of both Children from Monday until Tuesday. Only Tia shall stay with Father until Wednesday morning. At the end of week one going into week two, Father shall have physical custody of both Children from Friday until Tuesday morning. In week three, Father shall have physical custody of the Children from Monday until Wednesday morning. At the end of week three going into week four, Father shall have physical custody of the Children from Friday until Tuesday morning. (In month one, Father shall have 11 overnights with Blake and 12 overnights with Tia). b. In month two, week one, Father shall have physical custody of both Children from Monday until Tuesday. Only Blake shall stay with Father until Wednesday morning. At the end of week one going into week two, Father shall have physical custody of both Children from Friday until Tuesday morning. In week three, Father shall have physical custody of the Children from Monday until Wednesday morning. At the end of week three going into week four, Father shall have physical custody of the Children from Friday until Tuesday morning. (In month two, Father shall have 11 overnights with Tia and 12 overnights with Blake). C. Transportation for the custody exchanges shall be shared with the non-custodial (or receiving) parent picking up the Child. d. Each parent shall have additional physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties shall endeavor to engage in therapeutic family counseling (or co- parenting counseling) with a mutually-agreed upon professional and follow the recommendations. The purpose of said counseling is to improve the communication between the parents and to improve the understanding of the parents of each other's parenting and coping skills. The parents need to present a unified front to the Children and need to establish a level of cooperation to implement a schedule of custody. The counseling shall be done separately, together and possibly with the Children upon the therapist's recommendation. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached. The non-custodial parent shall be entitled to four (4) hours the day of the Children's birthday. The holiday schedule shall take precedence over the vacation and regular physical custody schedule. Neither party may deprive the other party of a scheduled holiday without written consent. 6. Each parent shall have two consecutive weeks of vacation with the Child per summer. The requesting parent shall give the other parent advance notice of the requested weeks by May 1 and this vacation period shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. The vacations shall take precedence over the regular physical custody schedule. For summer 2009, Mother has requested August 6 at 6:00 pm until August 20 at 6:00 pm. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. Either parent, or their counsel, may contact the assigned conciliator for a status update conference to address any modifications to the custodial schedule within three months of the date of this Order. 11. This Order is entered pursuant to 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 .J. Di 'bution: o ev Howell, Esquire =T?1 Andes, Esquire L Mangan, Esquire HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Day 2n Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father -Independence Day From 9 am until 9 pm Father Mother Labor Da From 9 am until 9 m Mother Father Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Day Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2 Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father Month One Remilar Phvcinal Cr,ctndv C.GhA.i„lA Monday Tuesday Wednesday Thursday Friday Saturday Sunday M D D D D M M M D D Both D Both Both Both Tia Tia Both only only D Both D M M M M M M Both M D D Both D M M M D D Both D Both Both Both Both D Both D M M M M M M Both Month Two Regular Phvcif-.al Crnctn?ly Ghari„1P Monday Tuesday Wednesday Thursday Friday Saturday Sunday M D D D D M M M D D Both D Both Both Both Blake Blake Both only only D Both D M M M M M M ' Both M [ B D Both D M M M D D Both D Both oth Both Both D Both D M M M M M M Both TIMOTHY P. WILKINSON, Plaintiff V. ANITA M. WILKINSON, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4842 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION 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 pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Blake M. Wilkinson 10/02/1992 Primary Mother Tia M. Wilkinson 11/28/1995 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 26, 2008, an Order issued September 30, 2009 and a conciliation conference was held July 8, 2009 with the following individuals in attendance: The Mother, Anita M. Wilkinson, with her counsel, Steven Howell, Esq. The Father, Timothy P. Wilkinson, with his counsel, Samuel Andes, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. g squire Custody on liator FILED-OFFICE OF THE MOTH., TARY 21109 AUG 13 AM 11: 5 d CUMBERL `40 C0U l Y PMNA TIMOTHY P. WILKINSON, Plaintiff VS. ANITA M. WILKINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4842 CIVIL TERM IN CUSTODY PLAINTIFF'S PETITION TO MODIFY AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court to modify and clarify its order of 12 August 2009, as follows: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. On 12 August 2009, this court entered an order following a conciliation conference between the parties and their counsel, a copy of which is attached hereto and marked as EXHIBIT A. 3. Plaintiff believes that the current order is not satisfactory to the parties or to the children and that several modifications to that order would be proper. 4. Plaintiff requests that the order of 12 August 2009 be modified as follows: A. Paragraph 3, the phrase "repeating two month schedule" should be replaced with the phrase "an eight-week cycle, divided into two blocks of four weeks each." This change is necessary to have the order properly reflect what the parties have been doing and to be consistent with the chart which is part of the order. B. Paragraph 3 should also be modified to provide Plaintiff with fourteen (14) days and overnights each twenty-eight (28) day cycle and to provide the Defendant with the same number of days and overnights during such cycle. C. Set specific times for the beginning and conclusion of each parent's period of custody. Plaintiff proposes that 3:00 p.m. be set as the time for each parent to commence or end his or her period of custody. D. Enter a provision in the order that will allow each parent to have both children on that parent's birthday, from 4:00 p.m. until 10:00 p.m. Plaintiff's birthday is the 1st of July and Mother's birthday is the 30' of March so such a provision would not disrupt unreasonably the other custody provisions of the order. 4. Plaintiff has attempted to resolve this matter with Defendant directly and through counsel, without success. He believes that these modifications to the order are necessary to avoid future problems and disputes between the parties and to implement both of their wishes with regard to the custody order. 5. Defendant does not concur in Plaintiff s request for the modification of the order. 6. The prior orders in this matter have been entered by the Honorable Edgar B. Bayley. 31 5 - Samuel L. An es Attorney for Plaintiff Supreme Court ID# 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). rr , Date:F -2/0 a l?0rl TIMOTHY P. WILKINSON CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, Pa 17070 Date: 9 December 2009 Amy M. Harkins Secretary for Samuel L. Andes EXHIBIT A AUG. 1,2 2009 ? TIMOTHY P. WILKINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4842 CIVIL ACTION LAW ANITA M. WILKINSON, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this 12 day of August 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders entered in the instant matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Timothy P. Wilkinson, and the Mother, Anita M. Wilkinson, shall have shared legal custody of Blake M. Wilkinson, born 10/02/1992 and Tia M. Wilkinson, born 11/28/1995. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Physical Custody: Mother shall have primary physical custody of Tia M. Wilkinson and Blake M. Wilkinson subject to Father's partial physical custody on a repeating two month schedule as follows: a. In month one, week one, Father shall have physical custody of both Children from Monday until Tuesday. Only Tia shall stay with Father until Wednesday morning. At the end-of week one going into week two, Father shall have physical custody of both Children from Friday until Tuesday morning. In week three, Father shall have physical custody of the Children from Monday until Wednesday morning. At the end of week three going into week four, Father shall have physical custody of the Children from Friday until Tuesday morning. (In month one, Father shall have 11 overnights with Blake and 12 overnights with Tia). b. In month two, week one, Father shall have physical custody of both Children from Monday until Tuesday. Only Blake shall stay with Father until Wednesday morning. At the end of week one going into week two, Father shall have physical custody of both Children from Friday until Tuesday morning. In week three, Father shall have physical custody of the Children from Monday until Wednesday morning. At the end of week three going into week four, Father shall have physical custody of the Children from Friday until Tuesday morning. (In month two, Father shall have 11 overnights with Tia and 12 overnights with Blake). C. Transportation for the custody exchanges shall be shared with the non-custodial (or receiving) parent picking up the Child. d. Each parent shall have additional physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties shall endeavor to engage in therapeutic family counseling (or co- parenting counseling) with a mutually-agreed upon professional and follow the recommendations. The purpose of said counseling is to improve the communication between the parents and to improve the understanding of the parents of each other's parenting and coping skills. The parents need to present a unified front to the Children and need to establish a level of cooperation to implement a schedule of custody. The counseling shall be done separately, together and possibly with the Children upon the therapist's recommendation. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. Holidays: The parents shall arrange the holiday schedule as attached. The non-custodial parent shall be entitled to four (4) hours the day of the Children's birthday. The holiday schedule shall take precedence over the vacation and regular physical custody schedule. Neither party may deprive the other party of a scheduled holiday without written consent. 6. Each parent shall have two consecutive weeks of vacation with the Child per summer. The requesting parent shall give the other parent advance notice of the requested weeks by May 1 and this vacation period shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. The vacations shall take precedence over the regular physical custody schedule. For summer 2009, Mother has requested August 6 at 6:00 pm until August 20 at 6:00 pm. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. Either parent, or their counsel, may contact the assigned conciliator for a status update conference to address any modifications to the custodial schedule within three months of the date of this Order. 11. This Order is entered pursuant to 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, Distribution: Steven Howell, Esquire Samuel Andes, Esquire John J. Mangan, Esquire HOLIDAYS AND SPECIAL DAYS TF%IES ODD YEARS EVEN _ YEARS Easter Da 1 Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Day From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Thanksgiving 1 Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas I' Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January I 't (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father TRUE, COPY FROM RECCE ? TOMMY unto set tyl _,ce. t? cot of Carte n Month One Regular Physical Custody Schedule Monda Tuesday Wednesda Thursday Frida Saturday Sunda M D D D D M M M D D Both D Both Both Both Tia Tia Both only only D Both D M M M M M M Both M D D Both D M M M D D Both D Both I Both Both Both D Both D ? M M M M M M Both I I I I I I Month Two .Regular Physical Custody Schedule Monday Tuesday Wednesday Thursday Friday Saturday Sunday M D D D D M M M D D Both D Both Both Both Blake Blake Both onI only D Both D M M M M M M Both M D D Both D M M M D D Both D Both Both Both Both D Both D M M M M M M Both t- TIMOTHY P. WILKINSON, Plaintiff V. ANITA M. WILKINSON, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4842 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION 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 pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Blake M. Wilkinson 10/02/1992 Primary Mother Tia M. Wilkinson 11/28/1995 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 26, 2008, an Order issued September 30, 2009 and a conciliation conference was held July 8, 2009 with the following individuals in attendance: The Mother, Anita M. Wilkinson, with her counsel, Steven Howell, Esq. The Father, Timothy P. Wilkinson, with his counsel, Samuel Andes, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. g squire Custody tonelliator (fir ^{'1 ?1^^ 1'Sf+,'+ r-n tilt ?j 4. ? T?Y Y i 2009 0E 14 A ; 9. 4, 9 1. TIMOTHY P. WILKINSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4842 CIVIL ACTION LAW ANITA M. WILKINSON IN CUSTODY DF,FENDANT ORDER OF COURT AND NOW. Monday, December 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Monday, January 25, 2010 at 10:30 AM _ _____.__ for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john . Man an r. Es q. 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 FILED ? t, 2009 DEC 28 F111 12° 044 all f=f?c' t_ 20 10 JA 25 Ali 11: Q C. TIMOTHY P. WILKINSO9.,i,1, . t. Plaintiff vs. ) ANITA M. WILKINSON, ) Defendant ) PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4842 CIVIL TERM IN CUSTODY Please withdraw the Plaintiff s Petition to Modify filed in the above matter on 14 December 2009. 13 January 2010 %-ue-lL. des Attorney for Plaintiff Supreme Court ID# 17225 525 North 12t' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 TIMOTHY P. WILKINSON, Plaintiff VS. ANITA M. WILKINSON, Defendant PRAECIPE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4842 CIVIL TERM IN CUSTODY TO THE PROTHONOTARY: ?rn M -OM 1-0 Please enter my appearance for Timothy P. Wilkinson, pro se. '." asp «;? Date: 2-/01 r` . Timothy P. Wil inson 1835 Signal Hill Drive Mechanicsburg, PA 17050 Please withdraw my appearance for Timothy P. Wilkinson in the above matter. 27 January 2011 Samuel L. Andes, Esquire Supreme Court ID 17225 525 North 12t' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 TIMOTHY P. WILKINSON, Plaintiff VS. ANITA M. WILKINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4842 CIVIL TERM IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please enter my appearance for Timothy P. Wilkinson, pro se. Date: -2- IbVll ..>. z - ?.- p W erg ! ? ?i .w 1 z:? a Timothy P. Wilkinson 1835 Signal Hill Drive Mechanicsburg, PA 17050 Please withdraw my appearance for Timothy P. Wilkinson in the above matter. 27 January 2011 S 1 L. Andes-,F-squire Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 FILEO-OFF41CE c01! JLIL 29 PM la; 2` C `QM8EttLikND CO: PiN1k5YLY!' .t,lto TIMOTHY P. WILKINSON, Plaintiff vs. ANITA M. WILKINSON, Defendant ? C1S Y1 L? ?b ?. ?ZaS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I..AV/ NO. 08-4842 CIVIL TERM IN CUSTODY PLAINTIFF'S PETITION FOR CIVIL: CONTEMPT FOR DISOBEDIENCE OF CUSTODY AND NOW this 29th day of July, 2011, Timothy P. Wilkinson, Plaintiff /Petitioner, respectfully represents: 1. That on the 12th day of August, 2009, Judge Edgar B. Pailey entered an Order awarding the petitioner shared legal custody and partial physical custody \A,?tli the jr.other, Anita M. Wil'.i-7son/F"e'?c rdant, of the minor children- Blake M. Wilkinscn Tia M. Wilkinson A true and correct copy of the order is attached to this petition. 2. Respondent/Defendant, Anita M. Wilkinson has willfully failed to at-de by the order in that the Defendant unilaterally made a decision to place Tia .VI. Wilkinson on Birth Control Pill Medication without consenting with the Plaintiff, thus violating the legal Custody terms. Terms siate, `'`,,I',e parties shall have an equal right to make al" nial ori ?.'l-e-iergency decisions affecting the Children's general well-being incluaing buy not dinited to, a',l decisions regarding their health, education and religion." In addition, the ResporPdent/Defendant, Anita M. Wilkinson, has willfully railed to abide by the order in that the Defen=rant did not allow the Plaintiff to have Physical Custody of Via M. Wilkinson on the 22`x. 23`a, 24th and 25th of July, 2011 as outlined in the vl?itatioti <chedule of the Court Order. WHEREFORE, Petitioner requests that Defendant/Respondent be held in contempt of court. In addition, Petitioner requests that the court have the Defendant/Respondent r.elm',v tse/pay for all court filing fees, '-revel expenses and any other fees/expenses asso;,iat d Evi?li `his contempt filing. Mechanicsburg, PA 17050 717-728-7700 CC Steven Howell, E oiiire 1835 Signal Hill Drive I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). l L I Date: 7/2 Timothy P. Wilkinson AVG 1, 2 2009 f , TIMOTHY P. WILKINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4842 CIVIL ACTION LAW ANITA M. WILKINSON, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this 12 _ day of August 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders entered in the instant matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Timothy P. Wilkinson, and the Mother, Anita M. Wilkinson, shall have shared legal custody of Blake M. Wilkinson, born 10/02/1992 and Tia M. Wilkinson, born 11/28/1995. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of Tia M. Wilkinson and Blake M. Wilkinson subject to Father's partial physical custody on a repeating two month schedule as follows: a. In month one, week one, Father shall have physical custody of both Children from Monday until Tuesday. Only Tia shall stay with Father until Wednesday morning. At the end of week one going into week two, Father shall have physical custody of both Children from Friday until Tuesday morning. In week three, Father shall have physical custody of the Children from Monday until Wednesday morning. At the end of week three going into week four, Father shall have physical custody of the Children from Friday until Tuesday morning. (In month one, Father shall have 11 overnights with Blake and 12 overnights with Tia). b. In month two, week one, Father shall have physical custody of both Children from Monday until Tuesday. Only Blake shall stay with Father until Wednesday morning. At the end of week one going into week two, Father shall have physical custody of both Children from Friday until Tuesday morning. In week three, Father shall have physical custody of the Children from Monday until Wednesday morning. At the end of week three going into week four, Father shall have physical custody of the Children from Friday until Tuesday morning. (In month two, Father shall have 11 overnights with Tia and 12 overnights with Blake). C. Transportation for the custody exchanges shall be shared with the non-custodial (or receiving) parent picking up the Child. d. Each parent shall have additional physical custody of the Children at such other times as the parties may mutually agree. Counseling: The parties shall endeavor to engage in therapeutic family counseling (or co- parenting counseling) with a mutually-agreed upon professional and follow the recommendations. The purpose of said counseling is to improve the communication between the parents and to improve the understanding of the parents of each other's parenting and coping skills. The parents need to present a unified front to the Children and need to establish a level of cooperation to implement a schedule of custody. The counseling shall be done separately, together and possibly with the Children upon the therapist's recommendation. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached. The non-custodial parent shall be entitled to four (4) hours the day of the Children's birthday. The holiday schedule shall take precedence over the vacation and regular physical custody schedule. Neither party may deprive the other parry of a scheduled holiday without written consent. 6. Each parent shall have two consecutive weeks of vacation with the Child per summer. The requesting parent shall give the other parent advance notice of the requested weeks by May 1 and this vacation period shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. The vacations shall take precedence over the regular physical custody schedule. For summer 2009, Mother has requested August 6 at 6:00 pm until August 20 at 6:00 pm. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. Either parent, or their counsel, may contact the assigned conciliator for a status update conference to address any modifications to the custodial schedule within three months of the date of this Order. 11. This Order is entered pursuant to 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, Distribution: Steven Howell, Esquire Samuel Andes, Esquire John J. Mangan, Esquire HOLIDAYS AND SPECIAL DAYS TIMES ODD L YEARS EVEN _ YEARS Easter Da 1 Half From 9 am until 3 m Father Mother Easter Da 2" Half From 3 m until9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day - From 9 am until 9 m Mother Father Thanksgiving lst Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1" Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1st (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father rRU5 COPY FROM RECORV my ham nto set n 1 . .. rttcnY ZV26xatUC-ark0rN.5 " Month One Remllnr Phvcirnl ('iietnw Q.Ghoa„lv Monday Tuesda Wednesda Thursday Frida Saturday Sunday M D D D D M M M D D Both D Both Both Both Tia Tia Both only onl D Both D M M M M M M Both M D D Both D M M M D D Both D Both Both Both Both D Both D M M M M M M Both Month Two Rem lnr Pl,vcirnl ('„etnrlxr C?t,o,a„to M d T d - vvll V la u,V on ay M D ues ay D Wednesday Thursday Friday Saturday Sunday Both Both FD D Blake only M M M D Both D Both D Both D B t h D o _ Both B M M M M M M M D B F D B th oth D Eth M M D Both D Both D Bth o Im Both M M M M TIMOTHY P. WILKINSON, : Plaintiff V. ; ANITA M. WILKINSON, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4842 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION 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 pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Blake M. Wilkinson 10/02/1992 Primary Mother Tia M. Wilkinson 11/28/1995 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 26, 2008, an Order issued September 30, 2009 and a conciliation conference was held Jul, Q, 2009 with the following individuals in attendance: Ti ,.,, ;+1, 1, o. t c=. _- - TT ?i r• The Mother, Anita M. Alki??ss„.u, ..,u. IV;liiCj, Gsq. Da}? ` 7___ 7 e _ TIMOTHY P. WILKINSON, Plaintiff vs. ANITA M. WILKINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLtkND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4842 CIVIL 1I -j %1 IN CUSTODY SPECIAL RELIEF- G ? AND NOW this 29th day of July, 2011, Timothy P. Wilkinson, Plaintiff /P itioner, respectfully represents: That on the 12th day of August, 2009, Judge Edgar B. Fa.?Jey entered an Order awarding partial physical custody with the mother, Anita M. Wilkinsor'Dete_n?,:ant. of the minor children: Blake M. Wilkinson Tia M. Wilkinson A true and correct copy of the order is attached to this petition. 2. The Petitioner is requesting the court to provide SPEC( i L,T EMPOttARY RELIEF for physical custody of Tia M. Wilkinson. 'The Resoondent%Defendant, 4 nita M. Wilkinson, has willfully failed to abide by the order in that the Defendant did not allow the Plaintiff to have physical custody of Tia M. Wilkinson on the 22°d, 23rd 24`h and 25th of July, 2011 as outlined in the visitation schedule of the Court Order. On the 29t° day of .'H-ly, 2011, the Petitioner filed PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY against the Respondent/Defendant. 3. The Petitioner is also requesting that an immwdiate trial date be set the court based on be set for the Petitioner's PLAINTIFF'S PETITION TO MOI)ff-V entered into the court on the 25`h day of May, 2011. A true and correct copy of the petition is attar_hed. ?e, 6 d cash ptf F ? 962,4 c9 a-56 WHEREFORE, Petitioner requests that the court provide immediate SPECIAL/TEMPORARY RELIEF physical Custody of Tia M. INjlki,l?on, and a trial date be set for the PLANTIFF'S PETIITION TO MODIFY. In addition, Petitioner requests that the court have the Defendant/Respondent reimburse/pay for all court filing fees, tra),-l expenses and any other fees/expenses associated with this SPECIAL RELIEF ANE, PETITION FO :MODIFY. 1835 Signal Hill Drive Mechanicsburg, PA 17050 717-728-7700 CC Steven Howell, Esquire Timothy P. Wilkinson I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (tinsworn falsification to authorities). Date: 7h-q11) Timothy P AVG-1-2 2009 ? TIMOTHY P. WILKINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4842 CIVIL ACTION LAW ANITA M. WILKINSON, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this 12 day of August 2009, upon consideration of the attached Custod Conciliation Report, it is Ordered and Directed as follows: y All Prior Orders entered in the instant matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Timothy P. Wilkinson, and the Mother, Anita M. Wilkinson, shall have shared legal custody of Blake M. Wilkinson, born 10/02/1992 and Tia M. Wilkinson, born 11/28/1995. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of Tia M. Wilkinson and Blake M. Wilkinson subject to Father's partial physical custody on a repeating two month schedule as follows: a. In month one, week one, Father shall have physical custody of both Children from Monday until Tuesday. Only Tia shall stay with Father until Wednesday morning. At the end of week one going into week two, Father shall have physical custody of both Children from Friday until Tuesday morning. In week three, Father shall have physical custody of the Children from Monday until Wednesday morning. At the end of week three going into week four, Father shall have physical custody of the Children from Friday until Tuesday morning. (In month one, Father shall have 11 overnights with Blake and 12 overnights with Tia}.-- b. In month two, week one, Father shall have physical custody of both Children from Monday until Tuesday. Only Blake shall stay with Father until Wednesday morning. At the end of week one going into week two, Father shall have physical custody of both Children from Friday until Tuesday morning. In week three, Father shall have physical custody of the Children from Monday until Wednesday morning. At the end of week three going into week four, Father shall have physical custody of the Children from Friday until Tuesday morning. (In month two, Father shall have 11 overnights with Tia and 12 overnights with Blake). C. Transportation for the custody exchanges shall be shared with the non-custodial (or receiving) parent picking up the Child. d. Each parent shall have additional physical custody of the Children at such other times as the parties may mutually agree. Counseling: The parties shall endeavor to engage in therapeutic family counseling (or co- parenting counseling) with a mutually-agreed upon professional and follow the recommendations. The purpose of said counseling is to improve the communication between the parents and to improve the understanding of the parents of each other's parenting and coping skills. The parents need to present a unified front to the Children and need to establish a level of cooperation to implement a schedule of custody. The counseling shall be done separately, together and possibly with the Children upon the therapist's recommendation. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached. The non-custodial parent shall be entitled to four (4) hours the day of the Children's birthday. The holiday schedule shall take precedence over the vacation and regular physical custody schedule. Neither party may deprive the other party of a scheduled holiday without written consent. 6. Each parent shall have two consecutive weeks of vacation with the Child per summer. The requesting parent shall give the other parent advance notice of the requested weeks by May 1 and this vacation period shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. The vacations shall take precedence over the regular physical custody schedule. For summer 2009, Mother has requested August 6 at 6:00 pm until August 20 at 6:00 pm. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. Either parent, or their counsel, may contact the assigned conciliator for a status update conference to address any modifications to the custodial schedule within three months of the date of this Order. 11. This Order is entered pursuant to 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, /6/ (?' . -&h Distribution: Steven Howell, Esquire Samuel Andes, Esquire John J. Mangan, Esquire tRU15 copy FROM REC4PII T mt?y w I unto set my- - t? _.f ' ???: coW at car P A Month One Re lar Ph sical Custod Schedule ?M&nda Tuesda Wednesda Thursda Frida Saturda Sunda M D D D D M M M D D Both D Both Both Both Tia I I Tia Both onl only D Both D M M M M M M Both M 7 D D Both D M M M D D Both D Both Both Both Both D Both D M M M M M M Both Month Two Rc Monda Tuesda Wednesda M D D D D M Both Both Blake Blake onl onl D Both D M M Both M D D Both D M Both Both D Both D M M Both jThursda Physical Custod Schedule Frida Saturda Sunda m M D D Both D Both Both m M M M M M D D Both D Both Both m M M M TIMOTHY P. WILKINSON, ; Plaintiff v. ANITA M. WILKINSON, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4842 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION 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 pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Blake M. Wilkinson 10/02/1992 Primary Mother Tia M. Wilkinson 11/28/1995 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 26, 2008, an Order issued September 30, 2009 and a conciliation conference was held Jul- Q, 2009 with the following individuals in attznda-=: The Mother, Anita M. Wilkinson •,'.;*h "Iw ?>- , TT_ T •. CounscA, acv! Vu 11V .'. ..:., Tha. Fathar Tirr,n4k,. D ?'..^.::_:... •., _ Da±P / TIMOTHY P. WILKINSON, ) Plaintiff ) vs. ) ANITA M. WILKINSON, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAVI NO. 08-4842 CIVIL TERM IN CUSTODY PLAINTIFF'S PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY AND NOW this 29th day of July, 2011, Timothy P. Wilkinson, Plaintiff /Petitioner, respectfully represents: 1. That on the 12th day of August, 2009, Judge Edgar B. Pailey entered an Order awarding the petitioner shared legal custody and partial physical custody with the mother, Anita M. Wilkinson/Defendant, of the minor children Blake M. Wilkinson Tia M. Wilkinson A true and correct copy of the order is attached to this petition. 2. Respondent/Defendant, Anita M. Wilkinson has willfully failed to abide by the order in that the Defendant unilaterally made a decision to place Tia M. Wilkinson on Birth Control Pill Medication without consenting with the Plaintiff, thus violating the Legal Custody terms. Terms state, ` 111e parties shall have an equal right to !rake all majo, no-l-emergency decisions affecting the Children's general well-being including but not liinited to, all decisions regarding their health, education and religion." In addition, the Respondent/Defendant, Anita M. Wilkinson, has willfully failed to abide by the order in that the Defendant did not allow the Plaintiff to have Physical Custody of Yia M. Wilkinson on the 22`"'.. 2.3`d, 24th and 25th of July, 2011 as outlined in the visitation schedule of the Court Order. WHEREFORE, Petitioner requests that Defendant/Respondent be held in contempt of court. In addition, Petitioner requests that the court have the Defendant/Respondent reirnb,irse; pay for all court filing fees, travel expenses and any other fees/expenses associatLd kvit' this contempt filing. 1835 Signal Hill Drive Mechanicsburg, PA 17050 717-728-7700 CC Steven Howell, Esquire I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). G Date: 7 2 l t I Timothy P. Wilkinson TIMOTHY P. WILKINSON, Plaintiff vs. ANITA M. WILKINSON, Defendant t? ca `Ti r-- C n O IN THE COURT OF CO1VIlKON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4842 CIVIL TERM IN CUSTODY PLAINTIFF'S PETITION TO MODIFY AND NOW this 25`h day of May, 2011, Timothy P. Wilkinson, Plaintiff, petitions the court to modify its order of 12 August 2009, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties are the parents of several children, but only the youngest of those children, Tia Wilkinson, born 28 November 1995, remains a minor. 3. 'That child was the subject of the last order entered in this case, by the Honorable Edgar B. Bayley, J., on 12 August 2009. A copy of that order is attached hereto and marked as EXHIBIT A. 4. Since the entry of that order, circumstances have arisen which justify a modification and clarification of that order. Specifically: A. The child has attained the age of fifteen (15) years and is now better able to spend equal amounts of time with both parents. B. Plaintiff s work schedule has solidified to the point that he can now have the child Mondays and Tuesdays of each week and alternating weekends from Friday until Monday. C. The parties need to specify in the order a proposed time of exchange of custody. Plaintiff proposes the exchange time be 4:30 p.m. D. Plaintiff believes that each parent should be assured a period of temporary custody of the child on that parent's birthday. 5. Plaintiff enjoys a good and close relationship with his daughter. He believes the relatively minor changes in the custody order which he is requesting will strengthen that relationship and will benefit the child. 6. Plaintiff believes that the changes he requests to the order are in the best interest of the child. WHEREFORE, Plaintiff prays this court to modify the custody order of 19 August 2009 to grant him the relief requested in this Petition. 1835 Signal Hill Drive Mechanicsburg, PA 17050 717-728-7700 Timothy P. Wilkinson I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: `S A?// ?.. Timothy P. Wi son IN THE COURT OF COMMON PLEAS OF TIMOTHY P. WILKINSON PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIM n ? rq = s n " V. ? 2008-4842 CIVIL ACTION LAW vr., ANITA M. WILKINSON IN CUSTODY 'Z r - i DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 03, 2011 , upon consideration of the attached Co mplaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at _ 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 06, 2011 at 2:00 PM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . 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 ?Ce(4 CoPU? Ale- 17, TIMOTHY P. WILKINSON, PLAINTIFF V. ANITA M. WILKINSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08 -48µa CIVIL TERM ORDER OF COURT AND NOW, this a day of December, 2011, upon agreement of the parties, the hearing scheduled for January 5, 2012, is continued generally. The hearing may be relisted at the request of either party. By the Court, - -- - P Albert H. Masland, J. Timothy P. Wilkinson, Pro se 1835 Signal Hill Drive Mechanicsburg, PA 17050 Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 For Defendant :saa t? ?r mw ? ; - c-> -0 ? :;U Wr -t3' w ° = C tom > 3 = F, Tr p O M -d O