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HomeMy WebLinkAbout01-6964LINDA L. WICKLUND, Plaintiff DAVID M. DEMLER, III Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01 - {, q63/ CIVIL TERM · CIVIL ACTION- LAW · CUSTODY COMPLAINT IN CUSTODy 1. The Plaintiff is Linda L. Wicklund, residing at 321 Ash Avenue, Carlisle, PA 17013. 2. The Defendant is David M. Demler, III, residing at 2128 Market Street, Camp Hill, PA 17011. 3. Plaintiff seeks Primary Physical Custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Patficia Demler 2128 Market St., Camp Hill, PA January 27, 1993 David Demler 2128 Market St., Camp Hill, PA January 16, 1994 Both children were bom out of wedlock. The Children are presently in the custody of Defendant as a result of a temporary Order pursuant to a PFA filed by Defendant on Wednesday, December 5, 2001. Prior to the temporary Order both Children were in the custody of Plaintiff. The Children have resided, since birth, with the following persons and at the following addresses: PERSONS David Demler (father) Linda Wicklund (mother) ADDRESS DATE 2128 Market St., Camp Hill, PA 12/5/Ol-present 321 Ash Ave., Carlisle, PA 10/16/01-12/5/01 David Demler & Linda Wicklund David Demler & Linda Wicklund David Demler & Linda Wicklund 321 Ash Ave., Carlisle, PA 802 First St., Apt. 8, Mt. Holly Springs, PA N. West St., Carlisle, PA 1998-10/16/01 1996-1998 1994-1996 approximately The mother of the Children is Plaintiff. The father of the Children is Defendant. The parents are not and have never been married to each other. 4. The relationship of Plaintiff to the Children is that of natural mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Nancy Morrison Maternal Grandmother 5. The relationship of Defendant to the Children is that of natural father. The Defendant currently resides with the following persons: NAME RELATIONSHIP FlOra Dasher Girlfriend 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the Children in this or another court. Defendant, David Demler, III, filed a Protection from Abuse Order on December 5, 2001, following a Support Hearing on December 3, 2001, wherein support was awarded to then custodial parent, Linda Wicklund. Defendant took custody of the Children prior to school dismissal, on the same day, using authority of a Temporary Custody Order pursuant to the PFA. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the Children will be served by granting the relief requested for the following reasons: a) The Children were living with Mother/Petitioner, Linda Wicklund until she filed for and won a support award. Father did not appear to desire primary custody of the children until Mother's custody of the Children and support action resulted in Defendant having to pay support. b) The mother has an ongoing, loving relationship with the Children which has been continuous since birth until the Defendant used the PFA to obtain custody of the Children. c) The father has not been a constant in the Children's lives. The father moved out of the family household to live with his girlfriend. d) Father has initiated violence during arguments with mother. e) Custody with mother will return the Children to the primary care giver they have known since approximately 1994. It will protect the real ~ and be less disruptive in their lives. 8. 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. 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: NAME ADDRESS BASIS OF CLAIM None known. WHEREFORE, Plaintiff, Linch L. Wicklund, respectfully requests this Honorable Court to grant Primary Physical Custody of the Children, Patricia Demler, date of birth, January 27, 1993 and David Demler, Date of birth, January 16, 1994, to Plaintiff, Linch L. Wicklund. Respectfully submitted, ~r~ ~uire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013-3019 (717) 240-0296 I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Linda L. Wicklund LINDA L. WICKLUND, Plaintiff DAVID M. DEMLER, m, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01 - CIVIL TERM · CIVIL ACTION - LAW · CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day I served the Petition for Custody by First-class mail, postage pre-paid, upon the following persons: Date: Joan Carey, Esquire 8 Irvine Row · Carlisle, PA 17013 (/.2-/o-6 t Dirk E. Berry, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 LINDA L. WICKLUND PLAINTIFF DAVID M. DEMLER, III DEFENDANT : 01-6964 : 1NCUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Friday, December 14, 2001 , upon consideration of ttle attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, January 16, 2002 at 1:30 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora 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/ ]acqueline M. Verney. Esa. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FEB 0 ZO0 LINDA L. WICKLUND, Plaintiff V. DAVID M. DEMLER, III Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6964 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT ANDNOW, this ~~4~x dayof ~'~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: vacated. The Temporary Custody Order dated December 14, 2001 is hereby 2. The Mother, Linda L. Wicklund, and the Father, David M. Demler, III, shall have shared legal custody of David M. Demler, IV, bom January 16, 1994 and Patricia Lee Demler, bom January 27, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. While the PFA remains in effect, all discussions shall occur through maternal grandmother, Nancy Morrison. 3. Father shall have primary physical custody of the children. 4. Mother shall have periods of supervised custody with the children on the following schedule. The supervisor shall be the Children maternal grandmother, Nancy Morrison. The requirement that custody be supervised is waived only when Nancy Morrison is working: a. Beginning February 8, 2002, two weekends out of every three weekends from Friday at 4:00 p.m. to Sunday at 7:00 p.m., subject to time changes depending on the work schedules of Nancy Morrison and Father. 5. Mother shall be entitled to reasonable telephone contact with the Children, with a minimum of at least one call per week. Father shall initiate the calls and they shall generally occur before 4:00 p.m. 6. Transportation shall be shared as agreed by Father and Nancy Morrison. 7. The parties shall keep each other advised immediately, through Nancy Morrison, relative to any emergencies, medical or otherwise, concerning the Children and shall, further, take any necessary steps to ensure that the health and well being of the Children is protected. During such illness or medical emergency, each party shall have the right to visit the Children as often as he/she deems consistent with the proper medical care of the Children. 8. Neither party shall do, nor permit any third party to do 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. 9. 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. The parties shall return for another Conciliation Conference on May 15, 2002 at 10:30 a.m. Jo cc: Dirk E. Berry, Esquire - Counsel for Mother David M. Demler, III, pro se 2128 Market St. Camp Hill, PA 17011 FEB 0 q ZO0 bO LINDA L. WICKLUND, Plaintiff V. DAVID M. DEMLER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-6964 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: George E. Hoffer, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David Matthew Demler, IV January 16, 1994 Father Patricia Lee Demler January 27, 1993 Father 2. A Conciliation Conference was held in this matter on February 6, 2002. Mother, Linda L. Wicklund, was present with counsel, Dirk E. Berry, Esquire, and Father, David M. Demler, III, was present pro se. 3. The Honorable George E. Hoffer, President Judge entered a PFA Order and a Temporary Custody Order dated December 14, 2001. The Temporary Custody Order granted Father primary physical custody with Mother having periods of supervised visitation. 4. The parties agreed to an Order in the form attached. We note, however, that Mother advises that she will be seeking primary physical custody once there is a resolution of the criminal charges pending against her. ~ - '7 -o ~ &cqug-tline M. Vemey, Esqu' ' ~ Date Custody Conciliator MAY ] 6 LINDA L. WICKLUND, Plaintiff V. DAVID M. DEMLER, III Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ : NO. 2001-6964 CIVIL ACTION - LAW : : IN CUSTODY : ORDER OF COURT AND NOW, this ~ day of ~ ,2002, upon consideration of the attached Custody Conciliation Rcl~ort, it is ordered and directed as follows: 1. The Order dated February 13, 2002 remains in full force and effect except for the following modifications: 2. Mother shall have periods of partial physical custody as follows: a. During school, two weekends out of every three weekends from Friday at 4:00 p.m. to Sunday at 7:00 p.m. b. Beginning Sunday, June 9, Mother shall have one full week for the months of June, July and August from Sunday to Sunday at times agreed by the parties. Said weeks shall be June 9-16, July 14-21 and August 18-25, 2002. c. Alternating weekends after her one full week per month. Said weekends shall be June 28-30 and August 2-4, 2002. d. Memorial Day and July 4th shall be shared by the parties as agreed. e. Once school resumes, the schedule shall return to two out of every three weekends. the absence of mutual consent, the terms of this Order shall control. The parties shall return for another Conciliation Conference on August 21, 2002 at 9:30 a.m. BY T~ The parties may modify the provisions of this Order by mutual consent. In cc: Dirk E. Berry, Esquire - Counsel for Mother David M. Demler, III, pro se 2128 Market St. Camp Hill, PA 17011 LINDA L. WICKLUND, Plaintiff V. DAVID M. DEMLER, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-6964 CIVIL ACTION - LAW : IN CUSTODY ._ PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME David Matthew Demler, IV Patricia Lee Demler DATE OF BIRTH January 16, 1994 January 27, 1993 CURRENTLY IN CUSTODY OF Father Father 2. A Conciliation Conference was held in this matter on May 15, 2002. Mother, Linda L. Wicklund, was present with counsel, Dirk E. Berry, Esquire, and Father, David M. Demler, III, was present pro se. 3. The Honorable Edward E. Guido entered an Order of Court dated February 13, 2002 which granted shared legal custody with Father having primary physical custody and Mother having periods of supervised visitation pending the outcome of criminal charges. Mother was ultimately convicted of endangering the welfare of children. Post-trial motions are pending. 4. The parties agreed to an Order in the form attached. Date 0~acq(deline M. Vemey, Esquire Custody Conciliator AUG 1_ 200Z LINDA L. WICKLUND, Plaintiff DAVID M. DEMLER, III Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-6964 CIVIL ACTION - LAW : IN CUSTODY .. ORDER OF COURT sow, this day ofI.._. , 2002, upon consideration of the attached Custody Conci Report, it is ordered and directed as follows: 1. The prior Orders of Court dated February 13, and May 20, 2002 are hereby vacated. The custody provisions of the PFA Order dated December 14, 2001 at docket number 01-6883 are hereby vacated. 2. The Mother, Linda L. Wicklund, and the Father, David M. Demler, III, shall have shared legal custody of David M. Demler, IV, born January 16, 1994 and Patricia Lee Demler, bom January 27, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. While the PFA remains in effect, all discussions shall occur through maternal grandmother, Nancy Morrison. 3. Father shall have primary physical custody of the children. 4. Mother shall have periods of partial physical custody with the children on the following schedule: a. Two weekends out of every three weekends from Friday at 4:00 p.m. to Sunday at 7:00 p.m., subject to time changes depending on work schedules. 5. Mother shall be entitled to reasonable telephone contact with the Children, with a minimum of at least one call per week. Father shall initiate the calls and they shall generally occur before 4:00 p.m. 6. Transportation shall be shared as agreed by the parties. 7. The parties shall keep each other advised immediately, through Nancy Morrison, relative to any emergencies, medical or otherwise, concerning the Children and shall, further, take any necessary steps to ensure that the health and well being of the Children is protected. During such illness or medical emergency, each party shall have the right to visit the Children as often as he/she deems consistent with the proper medical care of the Children. 8. Neither party shall do, nor permit any third party to do 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. 9. 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. The parties shall return for another Conciliation Conference on February 5, 2003 at 9:30 a.m. BY TH~ Edward E. Guido, Jo cc?Dirk E. Berry, Esquire - Counsel for Mother /David M. Demler, III, pro se 2128 Market St. Camp Hill, PA 17011 LINDA L. WICKLUND, Plaintiff DAVID M. DEMLER, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-6964 CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 infomiation concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David Matthew Demler, IV January 16, 1994 Patricia Lee Demler January 27, 1993 Father Father 2. Conciliation Conferences were held in this matter on February 6, May 15, and August 21, 2002. Mother, Linda L. Wicklund, was present with counsel, Dirk E. Berry, Esquire, and Father, David M. Demler, III, was present pro se. 2. The Honorable George E. Hoffer, President Judge entered a PFA Order and a Temporary Custody Order dated December 14, 2001. The Temporary Custody Order granted Father primary physical custody with Mother having periods of supervised visitation. The Honorable Edward E. Guido, by Orders dated February 13 and May 20, 2002, granted Father primary physical custody with Mother having various periods of supervised physical custody. 3. The parties agreed to an Order in the form attached. Date ey, Esquire Custody Conciliator FEB 1 0 2003 LINDA L. WICKLUND, Plaintiff Ve DAVID M. DEMLER, III Defendant : IN THE COURT (IF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-6964 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ 3~ day of F~' ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated February 13, May 20, August 22, 2002 are hereby vacated. The custody provisions of the PFA Order dated December 14, 2001 at docket number 01-6883 are hereby vacated. 2. The Mother, Linda L. Wicklund, and the Father, David M. Demler, III, shall have shared legal custody of David M. Demler, IV, born January 16, 1994 and Patricia Lee Demler, born January 27, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. While the PFA remains in effect, all discussions shall occur through maternal grandmother, Nancy Morrison, except in an emergency. · 3. Beginning February 16, 2003, Mother shall have primary physical custody of the children at a time agreed to by the parties. 4. Father shall have periods of partial physical custody with the children on the following schedule: a. Alternating weekends from Friday to Sunday at times agreed by the parties. b. One week in June, July and August. c. Such other times as agreed by the parties. 5. The parties shall share holidays as agreed. 6. Father shall be entitled to liberal telephone contact with the Children. 7. Transportation shall be shared as agreed by the parties. While the PFA Order is in effect, Nancy Morrison shall transport the children for custody exchanges unless she is otherwise unavailable due to an emergency. 8. The parties shall keep each other advised immediately, through Nancy Morrison, unless she is unavailable, relative to any emergencies, medical or otherwise, concerning the Children and shall, further, take any necessary steps to ensure that the health and well being of the Children is protected. During such illness or medical emergency, each party shall have the right to visit the Children as often as he/she deems consistent with the proper medical care of the Children. 9. Neither party shall do, nor permit any 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. 10. 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. Jo cc: Dirk E. Berry, Esquire - Counsel for Mother David M. Demler, III, pro se 2128 Market St. Camp Hill, PA 17011 LINDA L. WICKLUND, Plaintiff DAVID M. DEMLER, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-6964 CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, thc undersigned Custody Conciliator submits thc following report: 1. The pertinent information conceming the Children who are the subject of this litigation is as follows: NAME David Matthew Demler, IV Patricia Lee Demler DATE OF BIRTH January 16, 1994 January 27, 1993 CURRENTLY IN CUSTODY OF Father Father 2. Conciliation Conferences were held in this matter on February 6, May 15, August 21, 2002 and February 10, 2003. Mother, Linda L. Wicklund, was present with counsel, Dirk E. Berry, Esquire, and Father, David M. Demler, III, was present pro se. 2. The Honorable George E. Hoffer, President Judge entered a PFA Order and a Temporary Custody Order dated December 14, 2001. The Temporary Custody Order granted Father primary physical custody with Mother having periods of supervised visitation. The Honorable Edward E. Guido, by Orders dated February 13, May 20, and August 22, 2002, granted Father primary physical custody with Mother having various periods of supervised physical custody. 3. The parties agreed to an Order in the form attached. Date /~cq~line M. Vi;rney, Esquire Custody Conciliator