HomeMy WebLinkAbout01-2182 mnay-30-01 03'43P I~Wiln Law Office 717+243+9200
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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO, 2g920
3S EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
MICHAEL ALAN WHITE and ,' IN THE COURT OF COMMON PLEAS OF ~ ..'" '~.
DE$1REE NICOLE-WHITE, : CUMBERLAND COUNyy, PENNSYLVANIA'.:
Plaintiffs : .'
v.
: CIVIL ACTION. LAW
RICHARD .WHITE~ SR..and : NO, 2(101 ~. 2:182 CIV'IL,~TERM . ....~.. .
LEONE WHITE, .. .... .
· Defendants : IN CUSTODY
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m ' NOW come"the petitioners, Richard White, sr.'. and Leone'White, bY'their'.
"attorney, Harold S. Irwin, III, Esquire,.andlfile ;the:this. PetitiOnllfOrlspeciaI relief, .
rePresenting as follOWs:
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· 1. The .petitioners are Richard White, Sr. and Leone White,.'adult individuals ..' ,..
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~ . ...'. m residing 'at R.D. No. 3, Box 30, New Florence,.Westmorbland CoUnty,
, Petitioners Pennsylvania....:..,.; .... ,
· are. co-defendants in an action fOr. l'CUst0dy..-filed at this term.and ~nUmber and .. --'..' '~
are the paternaI grandparents of the Child...,... ·:..
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2. The respondents, Michael Alan White and Desiree Nicole White, parents
of the child and adult individuals whose residence at the time of their petition for custody
was 315 market Street, Apartment 2, Lemoyne, Cumberland County, Pennsylvania;
however, it is believed and therefor averred that by the time of the custody conciliation
conference held on May 16, 2001, respondents had moved their residence to
Harrisburg, Dauphin County, Pennsylvania. Furthermore, respondents were
represented by counsel, Mark C. Duffle, Esquire, at the time of the conciliation
conference.
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3. The child which is the subject of this action is in the custody of the
petitioners / defendants and has resided with the petitioners / defendants in
Westmoreland County since the time of her birth on October 5, 2000. Neither the child
nor the petitioners / defendants have ever been a resident of Cumberland County,
Respondents / plaintiffs are no longer residents, of Cumberland County' and have not '
been so since some .time prior to the conciliation confe~.rence. ....... .....
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4. On or about October 7, 2000, respondents ~elinquished
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'e'child by written agre~ment.(a..,C to the petitiOner. · ....
their" parental rights tb"t'h Opy of?Which is incorporated.'. ' .,... ~;..;~. ~..
herein by reference and.attached hereto as-Exhibit:!'A")and"'on.,that~, date petitioners' toOk,:..
the child home to live with them. ,.... ~.~ .: .~.~ .:~ ....... .'~;, .... ·
" ,e. -- .~..: : ' "' .-':' '
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5. Petitioner believes and therefor
unable to Care for the. child and have virtually· averS:that the,,, resPO, ndents are WhOllY '"
· .. nOiaPpreciatiOii for.~the:~pecia! medical: .
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considerations Which'. have' been made for the:'chiid tO. :date :a nd Wh ich.. must.'be ..', *' ,~, ~-.:.-.. '....~ .... * .;.:.
continued if the child 'is t° have any semblance'Of a normal life:. ;' '"-:~ ,,
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6. Such lack'O~"ability to care'for the.child has been 'evidenced 'in' part by the "'. '.'
: activities and lifeStYle of'the reSPondents both~Prior:tO.aridsince:~the 5i.rth of the...child.- .';'~' .. '...,.~..: ..;.,,....
'" FOr example' dUring.the 'l~St couple of month..S:.ofthe~ mother's ..pregnancY,. the mother ....
continued to drink and smoke heavily stating that she was doing so in the hope that".~. -'-
such activity would cause her to have a stillbirth.
7. The child was bom prematurely with various chromosomal abnormalities
and other birth defects which require close supervision and monitoring and special
medical care as evidenced by the various partial medical reports (copies of which are
incorporated herein by reference and attached hereto as Exhibit "B"). Some of the
reasons which the child's physicians have advanced for the child's condition relate to
the abuse of alcohol and cigarettes by the respondents during the mother's pregnancy.
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8. Petitioners believe and therefor aver that the respondents continue to
engage in activities which would be extremely harmful for the health of the child given
the child's special medical problems.
· 9. Petitioners..have been the only caregivers for"the child since her birth,
· have-a good working relationship with the child'S physicians and are'~' .' ."'
to provide the love o.~.,;__ ,,. ..... _ w~li~ng to continue . .~,
and o,,~,,,,un ~,,a[ [n~s speciat".needs ch~ldre uire" .' .....
' ... report from Dr ,,u,,,,, ,.,.~__,_ .... q s (See medical
· .Ve,,,,o,,=. u,'aronarmu~a incorporated herein...'by referen .... . .
"..' .';-hereto'as.Exhibit.~"C" )~..~ .....~.,...~. . ce and attached ". ..-.
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.10. At the time of the responden ' ....,.'-, · . ,, ' ''~'
ts or~glnal~ per, tie:ri;fOr custodY,' petitioners .,....:..: ... :...~,......':
contacted the CUmberland. Cou ~ "...
· nty Lawyer Refe~ral..:service se'eking, I~gal coun!sel:... ~..... ".-;....: ..'
They.then contacted HamldS. Irwin, III, baSed.upon...a..:refe~ral.fro~.th;e~ L'.R.S"., ': ....
· . :. .~ . '( ........"'
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1 i' CoUnsel 'cOntacted petitioners' WestrhOreland.:.OOUri:tYatto/,ne¥ roi- a 'COpy
of the custody complaint and advised that he"wo, uld.:P~tition.~.the CUfnberland. county:" ..'. ,..-..-..,-...-
Court for a change of venue as soon as he was.~i"eta'iried and'had' reCeived back a
. .,. .. -
· .. signed .engagement.letter. and. fee agreemenL"-.". .. ..... .. . .... .:..:........ .... . .
· . .
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· '. · 1'2. When.'cOunsel received a co. py of the' ~etilion"'he~"'ag:ain advised ... -' ~ ..,' .:. ~.-.,...... ...~
Westmoreland counSel that he Would begin Working.. on;~'this, case When' he recei~;ed.~.a,' "" '-.., .....
retainer and signed fee agreement...,
13. The conciliator, Jacqueline Verney, Esquire, contacted the Cumberland
County Court Administrator regarding jurisdiction and venue in this case, recognizing
that the action should propedy have been filed in Westmoreland County; however, she
was instructed to continue with the conciliation unless objections to venue were filed by
one of the parties.
14. Westmoreland counsel apparently did not advise petitioners about
Cumberland County counsel's requirements, but, meanwhile, petitioners believed
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erroneously that Cumberland County counsel was moving to change venue to
Westmoreland County and did not appear at the May 16, 2001 conciliation.
15. Since no one appeared to challenge the request of the respondents at the
,.. conciliation conference or to. provide any other input, the Conciliator requested that the
~ Court enter an order providing. ..th at the respondents~ihave' c~.Stody of tkie'; ~hild
immediately. (See. copy of M'ay 22, 2001 Order attached aS...E.xhibit ,,D,,). ~,..
16. As so. on as petitioners received a. coPy.of the~ne;w, Court,. order' they
contacted 'Cumberland County. counsel and"leamedabout':C*'oUn.sel,s~,requ~i.rements,
· ~... .. which have sincebeen met...... .. .... ~., ..
· .'.' '..,':.:.-.. .. ~* .....*.: '~***,.'.]..~ .... : ..,'.~..; .
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... 17,. '~ The~best interests and welfare of this~Child a'*bsolU'teiY r~*quire~ that befor*e
respondentsbe permitted unsupervised contact with, ..-th is Chil'd th'ey deVebp some kind
· of.relationship over.~time!and that they demonstrate.-the..abilitY~ahCl.~desite~..tb properly ahd'
appropriately care. for this child~ ..... ~.. ~... ~..........~ ~.. ~, .... -~ .~.. .....
18. Petition. em .believe.and therefor aver.that the 'Order'"'date :' · : . · ·
should be vacated pending a conciliation confere-~,,~.:.~,..., ,..~_:.._.~._.. -..d May 22, 2001
,,,~.. o,u/~ or CUstOo t~ea'rin ' '
petitioners can partici,,~,-- ----, ..... Y g ~n whiCh ·
· . · -..". ~,o,=. ~,u p.rov~ae comPl'ete evidi~nce~.as,to;..th..e.,.s~ .; ....
child and pec~al needs of th
the abilit .... - ' ' ' ........... .." "iS
. ' . ' y or:the responclents to meet'those::, needs and other relevant.-..... ;.
information necessary to an appropriate disposition of this matter. .. '
WHEREFORE, petitioner respectfully requests that the Court enter Order
suspending the Order dated May 22, 2001 until further Order of Court and set a new
conciliation conference date.
Respectfully submitted,
Attorney for Petitioners
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VERIFICATION
I do hereby verify that the facts set forth in this petition are true and correct.
understand that false statements herein are made subject to'"the' penalties'of 18 Pa.C,S,
SeCtion 4404, relaiing to unsWorn falsification to authorities.'. ' ..
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RICHARD WHITE, S"~." "' " --"--~'" "'"' .....
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EXHIBIT "A"
Westmoreland County Courts
WHITE )
)
vs ) Docket Number
)
WHITE )
We Michael Alan White Father, and Desiree Nicole White Mother are turning over parental rights
of baby girl born October 5, 2000 at 2'36 p.m. 6 pounds 7 ounces 19 inch long, to her
Grandparents Richard LaRue White Sr, and E. Leone Thayer White. Richard L. White Sr. is the
Father of Michael A White, and E. Leone White is Richards wife.
Desiree Nicole White E. Leone Thayer
ite Richard LaRue White
Witness: ' "
EXHIBIT "B"
RE: Angela White
DOB: 10/05/00
GC#: 00-2384
gained. The other possibili .ty is that this was a aesv change that occut~d in Angela and that there ate no
changes in either of' bet patents. Sometimes wizen the chromosomes from the mom and the dad come
together and line up together, changes can occttr.
Because Angela is missing the top piece of one of her copies of chromosome 6 it is possible that she may
have problems with her eyes. Iot~~~oPmOo.~r~nmt~o re. orator her ey. _es by going to a .pedia~c ophtbalmolo '~
Angela also has an extra piece ...... 1 ~. Some of the problems associated with this extra p~ec
a. re heart problems, a small head. and some problems. We discussed that we cannot predict how
severe Angela's learning problems may be. eleaming
When Dr. McPherson examined Angela ~e noticed that
neck wlzich indicates that her neck was probably swollenAngela ttad some extra skin on the back of her
during the pregnancy., she also had low muscle
tone which means that she may hm'e some delays in activities that require strong muscles such as sitting up
or walking. She also ~ drooi~y eye lids and a ~lefl: in the roof of her mouth which ma.v e~lain wh.v when
she throws up it comes out of her mouth and nose. The o~er feature that Dr. McPherson noticed ~vas that
when Angela clenches her fist she keeps her ~umb in and under the rest of her fingers. By Angela's age
most in~'ants have started to put ~eir tltumb on the outside of ~etr fist. When babies don't make this
change it makes us wort7 that they ma.vt have a clauge in their brain that is stopping them from
progressing normally. In other respects. Angela is doing ve.ry well for her age.
Because we know that Angela has an increased risk of e~'e problems, h~ problems, and ·
learning/developmental problems we have suggested that a pediatric ophtlalmologist, a pediatric
cardiologist, and early intervention see her. Early intervention is a special team of l~eal~ professionals who
~11 come to your home to determine ff'.amgeN is developing the skills at the normal ram. It' ~ey. feel she is
developmentally delayed they will have professionals in physical therapy, occupational ~empy, or speech
therapy come to your'home t;3 work with her so ~at she develops as well as possible. ·
We are also interested in seeing how Angela does in the future; therefore, we would like you to bring her
back to see us in 6 months to see how she is doing. ' .
As we explained above, ther~ is a ctu~ce that Angela has inherited the change in her chromosomes fi'om
her parents. During the appointment we gave you referrals for Angela's mother and father
test · · · toMveablood
that '~ould look at their ctu'omosomes. This mfonnat~on can be helpfial in determining their risk to
have other children with chromosome changes or the risk for their other children to have an undetected
cltromosome change.
We discussed a lot of' complicated im"ormation during the appointment: please feel fi'ce to call us Lt' you
have any questions regarding this information, we would be happy to speak with vou again. You c~ reach
us a: ! ! 2-6.! 1 .--~. ! S g. . .
Sincerely, .-.
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! ~ f J
RE: Angela White
DOB: 10/0.5/00
GC#: 00-2384
resemblance to previously reported patients wi~ ~is condition. Other frequent features include short neck,
post natal short shature, microcephaly, cardiovascular defects, arachnodactyly, and camptodaclyly. Menhal
deficiency is always noted and usually severe. Because the majority of previously reported lSq duplication
patients have involvement of another chromosome, it is difficult to be certain what portion of the mental
deficiency is ascribable to ~he duplication 1 Sq. Since the o~her chromosome abnormality in Angela,
namely the 6p deletio, is small and associated with only minimal mc.mal deficiency., I am optimistic that
Angela might be less severely affected than many of tl{e reported pauents. Nevertheless, she is at risk for
significant developmental delay.
I strongly suggest that Angela have her eyes examined by a Pediatric Ophthalmologist. I would suggest
either Dr. Hoover or the Pediatric Ophthalmolo~ & Strabismus Group. I know the later has an office in
Murrysville. I would also suggest that Angela have an echocardiogram for reassman~ because of the high
incidence of congenital heart disease in other patients with this chromosome abnormality. Because of the
risk of developmental delay, Angela should be enrolled in an Early Intervention Progrmn. I have provided
the grandmother with Prescriptions for the birth parents to have their blood drawn for chromosome studies.
This is important because if either of them carries a balanced translocation other family members could
carry the same translocation and possibly be at risk to have affe~ed offspring. I would like to see Angela
in 6'months for follow-up to see if she is progressing as expected for a child with this condition. In the
mean time ifyou have questions or ill can be of further help, please don't hesitate to call me at
412-641-4168.
With Best Wishes.
Elizabeth McPherson, M.D.
Pediatric Geneticist/Dysmorphologist
EWM/Iam
cc: Dr. Rogerson
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','- ~ , ,PITT~S~' 'RGH CYTOGENETIC.LABOR. 'OIl, lES . .
Mage~Womens l'~o~tal , ',' ,
... _ 300 Hal~et Street
r~burgh, PA !5213-3180
412-641-5559 FAX:412-641.8730
------___ ~CYTOGENETIC 'REPORT
Pafiem ....................... White, .... ":~:" ....... "' '" ' '" ' '"':':'"' :"'"
Date of Birr&
10/05/00
Laboratory # .... 00-PB801R
Specimen Type ............. Peripheral Blood
Reason for Referral Gonadal dysgenesis Date received ... 10/26/00
R/O Turner syndrome Specimen date .. 10/25/00
Report date ..... 11/06/00
Referred by: Dr. Venketa DharbhamuHa, 110 Main Street, Johnstown, PA 15901
UPMC Lee Regional Hospital, 320 Main Street, Johnstown, PA 15901
·
------- .:/RESULTs ..... ~
:.......:.....' '.. ..... ....' .~
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Number of metaphases analyzed: 20 '~~-"-"--------'~ '"
Number of cells karyotyped': 2 < 45 45 46 47
20
KARYOTYPE: 46,XX,der(6)t(6; 15)(p25.1;q22.1)
INTERPRETATION:
Female Karyotype with an Un.balanced Rearrangement of Chromosome #6 and #15 Resulting in a
Partial Monosomy 6p and Partial Trisomy 15q
All of the ceils analyzed were missing a normal #6 chromosome but contained a #6 ~hromosome derived
from a translocatio~ between the p arm of a #6 chromosome at band 6p25.1 and the q arm of a #15
chromosome at band 15q22.1. This results in an unbalanced rearrangement
segment 6p25.1->pter, and partial trisomy for the with partial monosomy for the
available ~o discuss the implications of these t'mdings, segment 15q22.1-> qter. Genetic counseling is
Peripheral blood chromosome.analysis (5 mi. drawn in sodium heparin tubes) is recommended on both of
the parents in order to determine whether this is a de novo or an inherited trartslocation that ho.~ given rise
to an unbalanced chromosome anomaly. _~
No other significant numerical or structural aberrations were seen at the 675 band level of resolution.
* FINAL VERBAL REPORT: 46,XX, der(6)t(6;15)(p25, l;q.22
unbalanced rearrangement of chromosome #6 and #15 resulting tn a partml monosomy 6p and partial
trisomy 15q, reported to Mary on 11/07/2000 at 1 l:23am by MMC..1) Fe. male Karyotype with an
,-,, ,;~ ,1,,?,/* ~' ..~
Urvashi Suni, Ph.D., ABMG ~~.~ .~,,.. ~_
Laboratory Director Sally $. K6c~, M.$., CLSp(CG)
Laboratory Manager
· PEDIATRIX MEDICAL GROUP, INC.
N~NBO~N H~M~INO SCReeNING Pl~¥si¢i~n FOM. OW
Date: l0 - ~~ - OO Hospital: . ~~¢~S Lk~C~__ _
/I- - -
,,sst) (First) '* (MI)
Mother: I~,Jl'~"~: . ~'" .t.~-C:~'~.'t ' Phone Number:
Dear Physician,
~ I .
The baby named above did not pass the Hearing $cr~ning and h~/she I~~~'~chedul~l [or follow up testing.
·
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The results were: ·
R: Pass L: Pass o~(~
Our records show that this family has chosen you as the Primary Care Physician (PCP) for this baby. Please help us
facilitate this assessment. Your support to complete this infant's diagnostic testing is appreciated.
· Th;n}< you in advan¢~ for your time and effort'in helping us to meintain the quality 'of care that our' babies need. '
Sincerely,
.,.. ~L i '" ~ · ·
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"-~'"~ '~' ~' ' '.'--'~'"",' '~ '---' ". ' ', , '~ !.'[ ~ ~ i -
"~ . '.. '"-'- ' ' ..r _ .. :J .__ ~_ · ,~,
H~,,g Sc~e.n~ng Coo.~n~tor ..~'. _ · ", ·: '.~.~ ,um~.r q i ~-n. ~/;,....~ ~*i.3; ;'"';< '
Pediatrix Newborn Hearing Screening Program ' ' ' . ·
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Whim - Physician Yellow - Pediatrix ' ' - ~ · Dr refer 3/2000
: '/'..I ~ / .~ .) Lesal Approved 3/15/2000
,,
Magee-W'omens Hospital
o.f UPMC Hea/rh System ~ .~t ~
Department of' Generics
412-641-4168
November 16, 2000 Fax 412-641-1032
Pediatric Care Specialists tn Johnstown
I l0 Main Street
Johnstown, PA 15901
RE' Angela White
DOB: 10/05/00
GC#: 00-2384
Dear Doctors:
I had the pleasure of seeing Angela White together ~th her grandmother who is raising her in the Medical
Genetics Clinic at Magee-Womens Hospital on November 14, 2000. Angela, as you know, is a 5 week old
with an unbalanced chromosome translocation. This results in a slight deletion of 6p and a significant sized
duplication of 15q. Angela was the product of a pregnancy complicated by smoking and possible alcohol
use. She was delivered near term and bad a birth weight of 6 pounds 7 oz, and length of 19 inches. In the
newborn period webbing of her neck was noted and Turner Syndrome was suspected. She also failed a
hearing screen. Since that time her general health has been good. She is on Amoxicillin for serous otiti$.
Because of vomiting Which occurred through the nose and mouth the grandmother changed hex formula to
isomil which she tolerates well. Her gro%~th has been excellent. The grandmother feels her development is
essentially normal, but has noted that Angela rolls her eyes at times. Angela has one full sibling who is ·
physically and developmentally normal. A half sibling through her mother also appears normal. A
paternal uncle has seizures. There is no other family histoD' of birth defects.
an physical examination, Angela has a length of 21 inches., weight of 8 pounds 6 oz, and head
circunff~rence of 35cm. This places her at the 5',) percentile for length and weight and the 25 percentile for
head circumference. She does have a cute. but somewhat unusual facial appearance with ptosis, a
prominent nose with snubbed tip, a long. but not smooth philtmm, and mild micrognathia. Her ears are
small, measuring only 3.3cm bilaterally and are simple in their form. She has excess nuchal skin. but no
true webbing. Her nipples are somewhat wide set; there is no cardiac murmur. Her abdomen, back, and
external genitalia appear normal. Her limbs are normally proportioned and have a full range of motion
except that her thumbs are usually adducted. Palmar flexion creases are normal. The total hand length of
7cra and foot length of 8.4cm are witlfin the normal range for her age. She is mildly hypotonic, but is
beginning to lift iter head when pulled to ~itting. i was not able to see a red reflex in eithe~ eye, but
examination was difF, cult because shc ts quite sensttive to light. I also was not able to observe her
lbllowing objects visually. I did observe her eyes rolling at times, but this did not appear to be tree
nystagmus and also there was no other evidence to suggest a seizure.
Angela Ires only a vet).' small deletion at the tip Of 6p. The number of cases previously described is small.
but it is important to note that man.,,' of the patients have had eye abnormalities. The gene involved in
Ricger syndrome maps to this location: therefore, fl~e incidence of colobomas and other anterior chamber
abnomr, dities in patients with thc deletion is not surprising. Congenital heart disease is also frequent in
patients with a deletion of this portion of 6p. Hearing loss may also be attributed to this deletion, although
the mech~mism of the hetu'ing loss. sensorineural vs conductive, is not clear in all cases.
There is considerably more information regarding duplications of 15q. The region which is duplicated in
Angela is associated with a specific fimial appetwance involving ptosis, prominent nose. long ,,veil defined
philtrum, high arched palate, and micrognathia have been reported in most cases. Angela shows a facial
o~ UPMC Hed~ S~s~ ~"~ ~
~pa~ment of Genetics
41~-~I~1~
December 1, 2000 ~ 41Z~1-1032
Mrs. Desiree White
KD #3, Box 30
New Florence, PA 15944
Dear Mrs. Wlxite:
It was a pleasure meeting you, your son. and your gratddau§hter, Angela, in the Medical Genetics
Department of Ma§ee-Womens Hospital on November 14, 2000. This letter will serve as a review of our
discussion. You may wish to keep it with other medical records for furore reference.
During your appointment we discussed the fact that when Angela was bom there was a concern that she
had some featwes of Turner Syndrome. This is a .syndrome in which girls are bom with only one X
chromosome (most girls have two X chromosomes). In order to determine if Angela had Turner Syndrome
the doctors requested a test that looked at her chromosomes. When this test was completed it was apparent
that Angela did not have Turner Syndrome, but did have changes in her chromosomes that we felt were
imponam to discuss with you. If you recall from our dis~on we expect everyone to have 46
chromosomes that are put into 23 pairs. The first 22 pairs are numbe~ 1-22 and the 2? pair are called
sex chromosomes. In girls the sex chromosome pair is XX. in boys the sex chromosome pair is XY. One
of each chromosome from each pair is inherited from a baby's mother and the other is inherited from a
baby's father. When we looked at Angela's chromosomes we did see 23 pairs, but not all of the '
chromosomes were as we expected them to be. After looking at AngcLa's chromosomes it was apparent
that she has an ¢.xtra piece of one chromosome 1~ attached to one chromosome 6. She is also missing a
piece of chromosome 6 at the point that the 15 attached. To help you understand what has happened I have
put a picture of the changes below. I [ ......
_
There are t~vo explanations for how this happened. It is.uossible that either Angelu's mother or father could
have some ¢ 'hah§es in how their chromosomes are arranged. Often parents will have changes in how their
chromosomes are ananged, bu~ wilhout gaining or loosing any material so there would be no way for
anyone to tell thai they have a chanEe. Uuforumale .ty when a person with a change in their chromosomes
has chil~ it is possible that the chromosomes will not align properly and some mated/il ~ill be lost or
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A :ene ,
Th, futur, of . ' '
diagnostic g,n,tic$
74Q0 Pinnin, Suite 1200 Tel: 713.TfLfSO0 819 8oylsmnAv~. 2mi Floor T~ 206~18&.&166 www.~itne.com
Houston, Texas Pax:713.Ttl. fStS S~L W%shint~on rix: 206.386.2631
U.S.A. 770S4 Toll Fr~e: 1.104LS43.134& U.SA. 9814)4 Toil Fmc.
CHROMOSOME ANALYSIS REPORT
!
P&~I~: ~I~TE, DES~REI/ I~F~~ BY: EL~~ETH ~CVHER$ON, ~. D.
DYN ID~: 104605 ADDRESS: 3 00 HALKET STREET
PITTSBURGH. PA 15213
BIRTHDATE: 06.09. 1979 PHONE: 412/624-99~1
TYPE SPEC~: BLOOD REFERRIN~ LAB: HBH
DATE COLLECTED: 11.21.2000 REFERRIN~ LAB%: NOT SUBMITTED
DATE P. ECEI~: 11.22.2000 PATIENT ID%: NOT SUBMITTED
STUDY REQUESTED: KARYOTYPE BILLINg#: NOT SUBMITTED
INDICATION FOR STUDY: CHILD WITH t ( 6p; 15q)
, ,
DATE FINAL.- 12.01.2000 VERBAL PRELIM DATE: N/A BY: N/A TO: N/A .
RESULTS: Analysis of 20 cells (2 cells karyotyped) showed a 46,XX chromos oDe pat t e rn.
INTERPRETATION: Normal female chromosome analysis.
C. Th'omas Caske~~, M~., F.A.C.P.
~0ARD CERTIFIED~~~AL GENETICIST BOARD CERTIFIED CLINICAL CYTOGENETICIST
· ~
PEDIATRIC OP OLOGY AND STRABISMUS, INC.
GICAL ASSOCIATES
Albert W. 8~glan, M.D. · ~ohn $. Davis, M.D. · ~an~ Hugh~$° M.D.
North Office:
Two Landmark North. Suite 232 Business Off'~ce
East Office:
20397 Route 19 North (direct all corre$1mndence to) 4750 Old William I~enn I~ro~l
Cranberry Townshil~. PA 16066 Two landmark North
(724) 772-3388 · FAX: (724) 772-3811 Suite 300 Old ,William Penn Highw;~
murrysville, PA I$668
20397 Route 19 North (724) 772-3388 · FAX: (724)733-1159
South Office: Cranberry Townshil~, PA 16066
Meadows Professional Center Phone (724) 772-3388 Oakland Office:
1385 Washington Road (Rt. 19) FAX: (724) 772-7020 Administration/Surgical 35 ! 8 Fifth Avenue
Washington, PA 15301 FAX: (724) 772-7021 Referrals Pittsburgh. PA 15213-3387
(724) 772-3388 · FAX: (724) 229-8692 Email: Pedstrab@bellatlantic. net (724) 772-3388 · Fax (412)622-0489
Decembec 19, 200~
D~. ~e~kat:a
~10 Ma±n St:~eet:
Johnst:own, PA 1590~
Re. Angela White
Dear Dr. Venkata.
Thank you for referring Angela for consultation. Angela has a
partial deletion of chromosome 6 and a extra addition to chromosome
15.
Examination ~oday shows a comfortable 2-month-old child who appears
to be well-developed. The hair and features are relatively blonde.
I cannot see iris ~ransillumination. The cornea is clear. The lens
is clear The fundus shows a prominen~ appearing optic nerve
amongst a very blonde fundus. The fovea reflex is diminished but
~his can be normal in this age. The refractive error is negligible.
Angela has what I am going to hope is good vision, but a mild or
incomplete albinism. Over the next four months, I would expect the
fovea ~o develop a little better and to see good fixation.
I would like ~o 5ave a repeat evaluation in four months.
Sincerely yours,
Alber~ W. Biglan, M.D.
AWB. srl
Addendum. Enclosed is a table~ for additional referral to this
office.
,
,,, Children's ' '
orP cs '. ' ,, , 33o
U~v~i~ or~b~ Hospi~l of ~~~ Pim~ PA 1S212
School of Me~c~e Day (412)
~.chp.~du ~i~t
~ (412) 692 ~138
LB. Beech MD (~~r)
O.J. Boyle MD Y.M. ~w MD
J.L ~c~ MD S.A. Mill~ MD
J.~ E~d~i MD W.H. N~h~ MD D.
D.~ Fischer MD S.C. P~k MD ~ ~~~
P.M. ~n~i MD F.S. Sh~ MD L ~ MSW
LM. ~ford MD S.A. Web~ MD B. S~
J.~ Zu~buhl~ MD ~ Zol~, ~ MF C~
NAMfi: WHITfi,
Angela was seen here on ~/3~/0~, but the dictated note cannot be Iomted. fiither it was
inadve~ently not dictated or it has been lost. What follows is from notes and my memo~.
~ISTORY5 Angela is a 3-month-old infant who was bom four weeks prematurely and has been
thought to have a chromosome abno~ali~. She ~11 be having tubes plac~ in her ears in the
near future, and she mines here for mrdiac evaluation. She has had no feeding difficulties. Her
fingers and toes have been thought to be blue at times, but she has had no lip cyanosis. There
has been no respirato~ difficult, and she has had no significant illnesses to date.
,
She has a brother and sister, both healthy. She is on no m~imtions and has no known
allergies.
She was in no distress. Length 62 em (90m percentile) and weight
~uls~o ,,,~ .......... )[, o~dfiressu[e was 86 by palpation in the ~oht a~ and n~h~,t
~ *~~. Sll~/~ W
preeerd~al motion was norm I. _ . .~s no jugular venous ~tstension and
. . a. There was a grad~ ~-ls systolic ejection mumur at-the high
sternal oorder. There was no radiation. The second hea~ sound was probably split. No diastolic
murmur was heard. Lung fields were clear and abdominal examination was unremarkable.
fiLfiCTROGARDIOG~M: (by my inte~retation) Normal.
~HfiST X-~Y5 (by my interpretation) GT ratio 0.58. Increased pulmona~ vascular markings.
.
~CHOCA~DIOG~M~ Small atrial septal defect. Right ventricle not enlarged. .,.
OlSGUSSION. Angela has an atrial septal defect. The chest x-ray suggests that this is a
significant defect with large le~ to ~ght shunt, but this was not confi~ed by the echocardio
She requires no inte~ention at the resent tim ' - gram.
P e and should oe a good candidate for ear tube
placement. A return visit will be in 9 months. She will probably have a repeat echocardiogram at
that time. A chest x-ray and electrocardiogram will be scheduled. A copy of this repod ~il be
sent to Johnstown Pediatric Care Specialists.
fINAL DIAGNOSIS- Atrial septal defect.
T: 0~2~/0~
_ DIVISION OF, C. ,r'Jl~ rv.~ ~ WHIT' ,I 'ANGELA
ECHOCARDIOGFiAMFiEPORT ..m~r. ~o/o,~aooo ' "'
uan. 92-99.65
01/31/2001 01-0107
~ OPC
C~SSE'rrE NO. 4782 4789 Read By:.
DRF ~r,u~ u.=. PEDIATRIC CARE SPEC.
62 Cm 0.28 r~
21 mm LVED
12 mm NormaJ ~ Flat ~ Reverse mm [~ NONE TIME
3 mm 10 ~ CHLORAL HYD~TE
. 3 mm ~ ~ OTHER
S~s ~ Invemus ~ ~blg~ ~~t ~ Dis~~t ~ ~er ~ ~~t ~ Dimout ~ ~er
~ In~ ~ PFO Oef~ ~ I~ " ~ Def~ Right ~ Left
Pr~t
mm
~~ ~ Pr~ent POST mm
V-~ E 1.0 A 0.5 ~s~ E 0.8A 0.6
~ ~ S~ ~~s~
Systolic ~
~s~ ~ 1.7
~s~
~s~
s is a ~o~imensional S~or scan with co~r and sp~traj Doppler s;u~. ;ntraca~iac anatomical relationships
are no~al. Le~ ventricular size and contra~il~ are no~al. The right ventricle is not dilated. Them is a small
secundum atdal septal defect best visualized in the sho~ ~is proj~tion. There is le~ to right shunting across this
defect documented w~h color Doppler sampling...No other stmctural abnormalities are seen.
Donald R. Fischer, M.D./jcl
..,
Form Printed on Thursday, February 0l, 2001 at 11:58 A~
· ,
,
,
PEDIATRIC OPHTI-I&LMOLOGY AND
SURGICAL ASSOCIATES ,,~z, INC.
Albert W. Bi,lan0 M.D. · John $. Davis° M.D. · Jane 8u~hes, M.O.
T~ ~ndmark No~, Suite 232 ~gn~ Office
20397 Route 19 No~h (di~ all co~s~~~e ~)
Oan~ Township, PA 16066 Two ~nd~rk No~h Old E~ O~e:
(724) 772-3388 · F~: (724) 772-3811 Suite 300 ~lliam ~nn Pmf~sional Bldg., Suite 2
~th 0~: 20397 Route 19 No~h Mur~ille, PA 15668
Oan~r~ Township, PA 16066 4750 Old William ~nn Highway
Meado~ Prof~sional Center (724) 772-3388 · F~: (724) 325-7005
Phone (724) 772-3388
1385 Washington Road (Rt. 19) F~: (724) 772-7020 Administratio~Surgical Oakland O~ce:
Washington, PA 15301 F~: (724) 772-7021 Referrals 3518 FiSh A~nue
(724) 772-3388 · F~: (724) 229-8692
Pittsburgh, PA 15213-3387
Email: ~mdO~strab. com (724) 772-3388 · Fax (412) 622-0489
April 9, 2001
Venkata R. Dharbhamulla, MD
Pediatric Care Specialists
236 Jamesway Road
Ebensburg, pA 15931
Dear Dr. Dharbhamulla: RE: Angela White
·
Angela White is 6 months old. She has a history of possible chromosomal defect. The
fovea was poorly developed and eye contact was poor last visit. Examination today
shows good central maintai~t~d fixation for a six month old child. There is a
response to optoldnetics. The pupils are brisk and equal. The visual behavior is
absolutely what I would consider normal. I am very encouraged by these findings. I am
going to suggest a repeat evaluation in one year.
_ Sincerely,
Albert W. Biglan, MD '
/pak
cc- Mrs. Leone White
RD #3, Box 30
New Florence, PA 15944
EXHIBIT "C"
Pediatric Care Specialists
110 Main Street
Johnstown, PA 15901
4/27/2001
To Whom It Ma Concern:
Re. An ela White DOB: 10-5-2000
Angela White has been under my care since 10-12-2000. She was bom at Harrisburgh,
PA and has been taken care of by her grandmother, Mrs. Leone White. She came to me
with multiple problems secondary to a rare Chromosomal anamoly. She has a partial
deletion of Chromosome 6 and an extra piece of Chromosome 15. Due to the multiple
problems Angela has, she was referred to multiple specialists, mainly at Childrens
Hospital of Pittsburgh.
I have found the grandmother very caring and diligent in the care of Angela. It needs a
lot of effort, perseverance and hard work to take care of a child bom with such a rare
condition. She had to attend to her needs, personal and medical. She always has kept her
appointments with me, and to my knowledge, with other doctors too. I have always seen
her very optimistic about Angela, very caring and loving. I feel Angela has made a lot of
progress in her care. Her development has been encouraging and she has kept good
health.
I hope Angela is given a good care in future, so she makes excellent progress as she
grows. I will he t~ glad. ro provide any further information on her.
.
(Venkata Dharbhamulla MD)
EXHIBIT "D"
~S-24-~1 1~:47 Ne~ lCrlor'eno~ Commur~it,,~ Libr'ar~ ID-724 23S 2249 P.~3
. .
.
,
: , ·
. ~ ~.~ ~ . ~ -s ~ . ~
· ~ ~ ~..
' · ~CHAEL ALAN ~r~, and : IN T~ CO~T O~ Co~ON ~~As O~
D~I~E NICO~ ~~E, : ~MBER~~ CO~,P~~SYLVANIA
V. : C~ A~ION - ~W . .
~C~ ~~ S~, snd : NO. 2~1-2182
D~fmd~nt~ : IN CUSTODY
directed
AND NOW, C~:°rd~ed and as
C°nsid~ation of the
follows: '
·
·
........ · ':-ha~l Alan White and l~slr~ Nicole White, shall have__ :.
· 1. -in~ patum~, ~,--- ....... "-' "- ""-':'-' bom Octo~ ~, 2000
joint l~llal and physical custody ofthe child, t-t;avcn ~qps wns=, · .
i 2. The gtindpimtts, Richard .Whtte, Sr. and..Leone White, shell have no
right to lepl or physical custody of the chdd..- . ·
3. The l~ndparents slmll tmmedint~ly' 't~'f~r phymal custody of the child
to the parents. · "..
"cc: 044BY'.
N~w Floren , ' · " ' "
'TRUE C~,'~" K'~M ~lCOILD
is Tsitj~onv' ./, ,:.~e unl.~ sit my MM: ·
·
·
· ~i~ .....
es-24-el 10:45 Ne~ Florence CommuniL:~ LibrmF:~ ID-724 235 224~J
,
.
,
* .
MI~AEL. ~A~ ~ tnd ~ ~ T~ CO~T OF CO~ON PLE~ OF
D~~E NICOLE .WHITE, : C~BER~ COU~~ENNSYLVANIA
Phin~ . ~ :
:
~~nd~n~ : IN cUSTODY
.
'
1. ~, ~~~ lnfom~tion ~n~~8 ~ Chtld w~ i~
lifi~o~ 1~ ~ follo~:
NAME DATE OF BIRTH .CURRENTLY IN CUSTODY OF
,
H~ven Le,,i~ Whit~ Oe~b~ 5, 2000 Oraud~~
·
·
·
· . .
·
2. A Conciliation Conference was ho!d: in this msuer on May 16, 2001.
Plaintiffs, Father and Mother, Michael Alan'White and Dcsir~e Nicole Whi2, were
p~nt with ¢oum, l, M~k C. Duffle, F~ui~. D~fe~t Or~d~n~, Rloh~l Whit,,
Sr. md Leone Whit~ w~r¢ not p~¢nt ~lthoulth tl~¥
]. ^t th~ request of I1~ p~r~nt~, th~ 8r~dp~'mt~ took custody ofth~ I~b~ On ·
Oo~ob~r ?, :lo0o, wh, n ~¢ w~ two d~y~ ohl,
parcms upon vheir r~quest. Thc ~randparents are presently livin8 in Westmoreland
¢o~~. i "
.Custody .Conciliator ,
I ~,.·,
·
· ,,, . ·
·
· . .".
MICHAEL ALAN WHITE, and : IN THE COURT OF COMMON PLEAS OF
DESIREE NICOLE WHITE, CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiffs · CIVIL ACTION - LAW '
V.
RICHARD WHITE, SR., and · NO. 2001-2182 CIVIL TERM
LEONE WHITE,
Defendants · IN CUSTODY
ORDER OF COURT
2001 upon
AND NOW, this_ z Z'~ day of ~ -' '
consideration of the attached Cus--~ody Conciliation'Report, it is ordered and directed as
follows:
1. The parents, Michael Alan White and Desiree Nicole White, shall have
joint legal and physical custody of the child, Heaven Leigh White, bom October 5, 2000.
2. The grandparents, Richard White, Sr. and Leone White, shall have no
right to legal or physical custody of the child.
3. The grandparents shall immediately transfer physical custody of the child
to the parents.
BY THE COURT,
J.
cc: Mark C. Duffle, Esquire
Richard White, Sr.
Leone White
RD 3 Box 30
New Florence, PA 15944
MICHAEL ALAN WHITE, and : IN THE COURT OF COMMON PLEAS OF
DESIREE NICOLE WHITE, : CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiffs ·
V. : CIVIL ACTION- LAW
RICHARD WHITE, SR. and : NO. 2001-2182 CIVIL TERM
LEONE WHITE, :
Defendants : IN CUSTODY
PRIOR JUDGE: None
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows'
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Heaven Leigh White October 5, 2000 Grandparems
2. A Conciliation Conference was held in this matter on May 16, 2001.
Plaintiffs, Father and Mother, Michael Alan White and Desiree Nicole White, were
present with counsel, Mark C. Duffle, Esquire. Defendant Grandparents, Richard White,
Sr. and Leone White, were not present although they received notice of the hearing.
3. At the request of the parents, the grandparents took custody of the baby on
October 7, 2000, when she was two days old, but have refused to return the baby to the
parents upon their request. The grandparents are presently living in Westmoreland
County.
4. Parents requested the following Order be entered.
Date ey, Esq
Custody Conciliator
MI.CHAEL ALAN WHITE and · IN THE COURT OF COMMON PLEAS OF
DESIREE NICOLE WHITE, ' CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs/Respondents .
· CIVIL ACTION- LAW
VS.
· 01-2182 CIVIL
RICHARD WHITE, SR. and ·
LEONE WHITE, .
Defendants/Petitioners · IN CUSTODY
ORDER
AND NOW, this ~ day of June, 2001, in consideration of the within motion and
following telephone conference with counsel, our order of May 22, 2001, is suspended pending
further order. This order is entered with the understanding that the defendants shall permit
supervised visitation between the child and the plaintiffs between now and the time of the
conciliation conference.
BY THE COURT,
Mark C. Duffle, Esquire
For the Plaintiffs/Respondents
Harold S. Irwin, III, Esquire ~
For the Defendants/Petitioners
:rim
MICHAEL ALAN WHITE, and · IN THE COURT OF COMMON PLEAS OF
DESIREE NICOLE WHITE, ' CUMBERLAND COUNTY, PENNSYLVANiA
Plaintiffs .
V. · CIVIL ACTION. LAW
RICHARD WHITE, SR., and ' NO. 2001-2182 CIVIL TERM
LEONE WHITE, :
Defendants · IN CUSTODY
ORDER OF COURT
AND NOW, this ~.'l~ day of d .~-,-~___ ,, _ _ 2
consideration of the attach--ed Custody Concilia~on ~ed and upon
follows: " ~ ~'/a/~ ) , 001, directed as
C 1. A Hearing is scheduled in Court ~oom No z . · .
ounty Court House ,,.- -... ~...-¢-~' . ~ ,~ ~" · ~, of the Cum
o'clock A- ,,. .' ":' ~"~ ~ aay ot ~-/~,.~ .... / . , .... b, erland
, ,', . ~vz., at which time testi,~,- ...... :,, ,_ ~ i" ,,.-t._.. 6..,-, 2o01, at~ "~. ~ ~
--,vzs.,v Will De taxen l~'or
the Father and Mother shall be deemed to be the moving party and shall proceed initially
· purposes of this He~ing,
with testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of' witnesses who will
be expected to testify at the Hearing and a summary of'the anticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
2. The prior Orders of Court dated May 22, 200 ! and June 8, 2001 are
hereby vacated.
3. Pending further Order of Court or agreement of the parties, the following
shall be in effect:
4. The parents, Michael Alan White and Desiree Nicole White, and the
grandparents, Richard White, Sr. and Leone White, shall have joint legal custody of the
child, Heaven Leigh White, born October 5, 2000. The parents and the grandparents
shall have an equal right to be exercised jointly with each other to make all major non-
emergency decisions affecting the child's general we/l-being including, but not limited
to, all decisions regarding her health, education and religion, except that the parents do
not have the right to deviate from the present course of medical treatment or
developmental therapy without the express written recommendations of the child's
present medical team. The grandparents are encouraged to explain the child's medical
history to the parents and provide the parents with al/medical and developmental reports
in their possession. The parents are encouraged to contact the child's doctors and
.....;. ,. ·
therapists to garner a better understanding of the child's condition and level of care
needed.
5. The grandparents shall have primary physical custody of the child.
6. The parents shall have supervised visitation of the child as follows'
a. Every weekend provided they give the grandparents 24 hour notice of
their desire to exercise their right to visitation. Visitation may occur
for up to four hours daily on Saturdays and Sundays depending on the
availability of the parents. One of the grandparents shall be the
supervisor and visitation shall occur in the grandparents' home.
b. At such other times as the parties agree.
BY THE COURT,
SS, J.
cc: Mark C. Duffle, Esquire, for the parents ~ '/,0t,- o t
Harold S. Irwin, Esquire, for the grandparems ~ /-%
.aUG )200!
MICEtAEL ALAN WHITE, ~nd · IN TEIE COURT OF COMMON PLEAS OF
DESIREE NICOLE WHITE, : CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiffs .
V. · CIVIL ACTION- LAW
RICHARD WHITE, SR. and · NO. 2001-2182 CIVIL TERM
LEONE WHITE, ·
Defendants · IN CUSTODY
PRIOR JUDGE: Kevin A. Hess, 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 conceming the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Heaven Leigh White October 5, 2000 Grandparents
2. A Conciliation Conference was held in this matter on August 29, 2001.
Plaintiffs, Father and Mother, Michael Alan White and Desiree Nicole White, were
present with counsel, Mark C. Duffle, Esquire. Defendant Grandparents, Richard White,
Sr. and Leone White, were present with counsel, Harold S. Irwin, III, Esquire.
3. At the request of the parents, the grandparents took custody of the baby on
October 7, 2000, when she was two days old, but have refused to return the baby to the
parents upon their request. The grandparents are presently living in Westmoreland
County.
4. The parents' position on custody is as follows' They seek legal and
physical custody of the child. They indicate that they turned custody over to the
grandparents when the child was two days old because they did not have medical
insurance at the time. The parents are now more secure financially and have medical
insurance for the child. The grandparents have not kept the parents apprised of the
child's medical condition.
5. The grandparents' position on custody is as follows: They seek legal and
physical custody of the child. They indicate that the child has serious medical problems
for which they have obtained medical treatment and developmental therapy. The parents
have only had one supervised visit with the child and have not bonded with the child.
They are unfamiliar with the child's medical condition and her physical needs. The
parents have not shown an interest in the needs of the child. To transfer custody to the
parents would place the child in danger at this time.
6. The Conciliator recommends an Order in the form as attached scheduling
a hearing and continuing supervised physical custody by the parents pending a hearing.
It is expected that a hearing will require one day.
Date ~cqt~line M. Vemey, Esquire
Custody Conciliator
HAROLD 8. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6000
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
DE$1REE NICOLE WHITE, ~ CUMBERLAND COUNTY, PENNSYLVANIA
v. Plaintiffs :
: CIVIL ACTION. LAW
RICHARD WHITE, SR. and :
LEONE WHITE, : NO. 2001. 2182 CIVIL TERM
:
Defendants
: IN CUSTODY
·
show cause why venue in this case should not be changed.
Rule returnable ~ 7 _ days after service upon plaintiffs', attorney of record,
Mark C. Duffle, Esquire, by certified mail.
By the Court,
HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 20920
3S EAST HIGH STREET
CARLISLE PA 170t 3
(717) 243-6090
ATTORNEY FOR PLAINTIFF
MICHAEL ALAN WHITE and : IN T
~nlTE, VmlWON PLEAS OF
Plaintiffs ~ CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
:
RICHARD WHITE, SR. and : NO. 2001. 2182 CIVIL TERM
LEONE WHITE~
:
Defendants
: IN CUSTODY
NOW come the petitioners, Richard White, Sr. and Leone White, by their
attorney, Harold S. Irwin, III, Esquire, and file the this petition for change o~ venue,
representing as fo/lows:
1. The petitioners are Richard White, Sr. and Leone White, adult individuals
residing at R.D. No. 3, Box 30, New Florence, Westmoreland County, Pennsylvania.
Petitioners are co-defendants in an action for custody filed at this term and number and
are the paternal grandparents of the child.
·
2. The respondents, Michael Alan White and Desiree Nicole White, parents
of the child and adult individuals whose residence at the time of their petition for custody
was 315 market Street, Apartment 2, Lemoyne, Cumberland County, Pennsylvania;
however, it is believed and therefor averred that by the time of the custody conciliation
conference held on May 16, 2001, respondents had moved their residence to New
Cumberland, Cumberland County, Pennsylvania. Furthermore, respondents were
represented by counsel, Mark C. Duffle, Esquire, at the time of the conciliation
conference, who remains respondents' attorney of record.
3. The child which is the subject of this action is in the custody of the
petitioners (defendants in this custody action) and has resided with the petitioners in
Westmoreland County since the time of her birth on October 5, 2000.
4. Neither the child nor the petitioners have ever been a resident of
Cumberland County.
5. On or about October 7, 2000, two days after the birth of the child and in
Westmoreland County, Pennsylvania, respondents relinquished to the petitioners their
parental rights to the child by written agreement (a copy of which is incorporated herein
by reference and attached hereto as Exhibit "A") and on that date petitioners took the
child home to live with them in at their residence in New Florence, Westmoreland
County, Pennsylvania.
6. Respondents filed their petition for custody in Cumberland County,
·
Pennsylvania, despite the fact that neither petitioners nor the child are residents of
Cumberland County, Pennsylvania, but are residents of Westmoreland County,
Pennsylvania.
7. The Court has scheduled a conciliation conference for August 22, 2001,
before Jacqueline Verney, Esquire, custody conciliator.
8. The conciliator has advised petitioners' counsel that upon her initial
appointment in this case, she contacted the Court Administrator regarding jurisdiction
and venue in this case, recognizing that the action should properly have been filed in
Westmoreland County; however, she was instructed to continue with the conciliation
unless objections to venue were filed by one of the parties.
9. Neither the respondents to the original custody petition (petitioners herein)
nor the child are residents of Cumberland County, Pennsylvania, but are residents of
Westmoreland County, Pennsylvania.
10. Neither the petitioners herein nor the child have any significant contacts
with Cumberland County, Pennsylvania which in any way could give rise to jurisdiction
in this county.
11. Jurisdiction and venue in this case are properly in Westmoreland County,
Pennsylvania, where the petitioners herein and the child reside.
WHEREFORE, petitioners respectfully request that the Court issue a rule upon
respondents herein to show cause why this matter should not be transferred to
Westmoreland County, Pennsylvania. ·
Respec submitted,
ROLD S. IRWIN, III
Attorney for Petiti~
35 East High Street
Carlisle, PA 17013
717-243-6090
Supreme Court ID No. 29920
o
VERIFICATION
I do hereby vedfy that the facts set forth in this petition are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4404, relating to unsworn falsification to authorities.
90'd O0;g6+£1~g+/_[/_ e:::)-LJ'J-O ~'"! U.L~V~..~I V£g' 1:1: I:0-ZE-/nL-,
MICHAEL ALAN ' IN THE COURT OF COMMON PLEAS OF
WHITE and DESIREE · CUMBERLAND COUNTY, PENNSYLVANIA
NICHOLE WHITE, ·
Husband and Wife, ·
Plaintiffs ·
v. ' CIVIL ACTION- LAW
RICHARD WHITE, SR. ·
and LEONE WHITE, ·
Husband and Wife, ·
Defendants ' ' NO. 01-2182 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of August, 2001, upon consideration of Defendants'
Petition for Change of Venue, filed July 30, 2001, and of Plaintiffs' Answer to Petition
for Change of Venue and Rule To Show Cause, filed August 14, 2001, the petition for
change of venue is denied.
BY THE COURT,
/
J ?~'sleyOler, r.~~ ~.~ c, ~'"" :::'"
.....
M~k C. Duffle, Esq.
301 Market Street
P.O. Box 109
~ .(. · ,....3.
.
......
Lemoyne, PA 17043-0109
A~omey for Plaintiffs :~
Harold S. I~in, III, Esq.
35 East High Street
C~lisle, PA 17013
Attorney for Defendants
P~E 82
~ Currfculum Vitae VD 1/99
~'-~/ Full Name: Veuksta Dharbhamulla, MD
Position Title: Physician
Address: tDe~.~ ~.~. .
110 Mlfn Street, · '~
$ohnstown, PA IS901
Telephone Number: 814-S36.89~
Ed ·
·
amana Azad Medical
College
New Delhi, Indfa e/Surgery
afdsrjang Hospftal
~ew Delhf, India ·
·
·
'"-~' SafdarJang llospitM
New Delhi, rndfa 198S-! ~Y/PedfafTJes
janf Hospital
New Delhi, Indfa 1987-1 Resfdent
Pediatrics
,.~.~
Subinyestlfator
PPR Pediatrics
110 Main Street 1997~tmai~
Johnstown, PA IS901 ~C~
Johastown Pediatrics
110 Morn Street 1997~isl~-
Johnstown, PA IS901
· ' Practice
"~ Monroe, MI 1996-1997
,.:..
PCS
;':' '" P~iE 83
Page Two
..
& PL~ Rufdent No~ Shore Unfve~f~ H~pI~
Manh~se~ ~
Pediatrics Conquest Hospital '
Hastings and Rother NHS Trust 2/1 994
St. Leonards, UK
Senior House Officer
Pediatrics Conquest Hospital 4/1 ~J)3-1/1994
Hastings aad RotheF NHS Trust
St. Leonards, UK
Senior House Officer Royd. Liverpool Chfldren,s
Pediatric CardiOlogy Hospital .. ,... 1993
Attending Pediatrician Gurdayal Hospital
New Delhi 1989-1992
India
Attending Pediatrician Hindustan Copper Ltd.
Ghatshila, India 2/1980.1o/1989
',.../'
MEDICAL LICENSE: MD*0SSS64-L
MEMBERSHIPS: American Academy of Pediatrics
indian Academy of Pediatrics
RESEARCH, PUBLICATIONS & PRESENTATIONS:
1. Thesis on "/'A. Wofd status/a ~,rA~a~ derrfes ~./'Proreb £;~frg), M~satrigoa',
Submitted to the University of Delhi, 5/1986
2. Presented three papers fn the National Confereaee of indian Academy of
Pediatrics, 1987, on thyroid status In Malnutrition.
3. Co-author of paper presented in the Natfona * Academy of
Pediatrics 198 ,, 1 Conference of 1
8
4. Article entitled ',,'-- -.
· o~moneua sfnfter&e, o~t~r~ n~onatal ~n~ pubUsh~
In Indma Pedla~e~, Feb. '90,
S. Marian S~~m in a n~nate, case re~~ pubibh~ h Indian P~l~lck Nov
~' '86, 23(11),
6. Enter~enfc c~t h ~e meddast' u ve~~ pub~ed h h~an P~at~,
Oc '
coo, 2~0o), p~]~.]].
Pediatric Care Specialists
110 Main Street
$ohnstown, PA 15901
4/27/2001
To Whom It Ma Concern:
Re: An ela White DOB: 10-5-2000
Angela White has been under my care since 10-12-2000. She was born at Harrisburgh,
PA and has been taken care of by her grandmother, Mrs. Leone White. She came to me
with multiple problems secondary to a rare Chromosomal anarnoly. She has a partial
deletion of Chromosome 6 and an extra piece of Chromosome 15. Due to the multiple
problems Angela has, she was referred to mult/ple specialists, mainly at Childrens
Hospital of Pittsburgh.
I have found the grandmother very caring and diligent in the care of Angela. It needs a
lot of effort, perseverance and hard work to take care of a child born with such a rare
condition. She had to attend to her needs, personal and medical. She always has kept her
appointments with me, and to my knowledge, with other doctors too. I have always seen
her very optimistic about Angela, very earing and loving. I feel Angela has made a lot of
progress in her care. Her development has been encouraging and she has kept good
health.
I hope Angela is given a good care in future, so she makes excellent progress as she
grows. I wil~ he ~,fr. glad :o
' t provide any further information on her.
.,
(Venkata Dharbhamulla MD)
From:GENETI08 412 641 1082 11/2 2001 10:88 P.O0'2
CURR[CUT.,U~ VITAE 2001
q-unic~l GeneticJst/D~smorpholosbt
BIOGRAPHICAL:
N~e.' Elizabet~ (Elspeth) Wrisht Mcl~henoa, MD
~ti~.~ ~1~~: Department of G~etics, M~gee-Womens Hospi~l, 300 Hnllc~ St,
Pi~burgh, PA, 15213
· ~i~,~.~s/~/~o~e: (412) 641-4168 or 641-1010
~.tb~.t~ F4,~ (412)641.1032
J~~ e~l: eracpherso~(~il.m~gee, edu
Hom~ ~/~,: 1462 Bmt~on Wmy, PimburBh' PA, 15237. (412) 366-692 I.
2Vome Phone: (412)366-692 l
B~thdate: February 27, i 950
Birthplace: Ba~ Creek, MI
Citi~n~h~: USA
$o~ial Seeuti(p #: ~ ~ 4-40-75~9
P~$o~l ~ra: M~med to Ow~ R. C~~so~ Phd.
~U~~ON ~ ~~~G:
U~~a~~: Pomona College, Cl~ont, CA, ~.A. (~a o~ ~d~) 19~l, Zoolo~
G~a~~: Univ. of~b~~ S~~ ~. 1975, ~i~ne
Univ. of Wi~s~, M~h~, M.S. ! 977, G~cs
Post Gra~ate: Intern ~d Resident, P~ia~cs 197~-77, Univ. of Wi~nsin,
Fellow ~ Cl~i~l Ome~cs 19~-79U. W. ~~ ( ~. lo~ ~~),
Nc~emie ~ono~s: Phi Beta Kapp~ f~ ~ cl~s at P~~ CollMe 1971, A~ha ~~a Al~a 197~
APPOinTS AND E~E~NCE:
~ca~ic: 2000.. Visiting ~~ia~ Professor P~~cs
Univ~si~ of~b~ School of Medic~e
1993-- Ass~ia~ ~ofe~r of H~~ Gme~ (~~~ ~ vis.hi 199~.~)
Universi~ of~b~, ~ua~ School or--bric H~
loint Assis~t Professor of P~i~cs
Unive~i~ or--burgh, ~hool of
1990-- 1993 Adj~ ~soch~ Profess~ of H~~ Gmmcs
Univ~si~ of P~sb~, ~d~ School of~b~c
Clinic~ Asset ~o~or of Pe~~
U~v~iw of ~b~ Sch~l of Medic~e
1987-- 1990 Cl~ic~ ~s~i~ ~f~ of P~~cs
lohns Hopkim Univmi~, ~~1 of Me~c~e
19~ I-- 1986 Assis~t ~fess~ of P~~
S~ Unive~ ofN~ Yo~ Sch~l of M~c~
1979--] 981 Assis~t ~ofessor of
Unive~i~ of Wis~ns~, S~I of Medi~e
From:CENETI 412 10 2 11/22/[ 1 10: P.O08
2000-- UPP Physician
1993-- Pediatric Genelicis~smorpholosist, Ma~ee-Wmnens Ho~phl
1990--1993 ' ' ' .
~g~--1987 lm~ ~~~~olo~ ~.~eL ~
~ohns H~~ ~~iW ~osp~
1981--1986 CI~~ ~~~ ~v~ ofH~~ ~~~ ~l~n's Ho~l of~~o
1979-19~ 1 Clini~ ~en~~ CI~i~ Gen~ C~er,
Univ~~ off W2cons~ H~ Sci~ Cem~
CERTIFICATION AND LIC£NSUI~
American Board of'Pediairics, #25577, ! 9~ I
emnneric. an B.o.ar~. o..fM.e_di.'cal Genetics (Clinical OenedcisO, #I 328, 1982
sylvama Me~cal L~cense # MD-0~ ]$0~L, exp 12~ !/0'2
Virginia Medical License #41316, exp 2/29/~2
Maryland Medical License #D33399, ~ 9/30191
Diztrict of Columbia Medical License #I 7539, exp 12/31/90
New York Medical License #148~3, exp 12/3
Wisconsin Medical License ~036~, exp 11/01/91
PROFESSIONAL MEMBERSHIPS
American Acsdemy ofPediairics (N~sl~ Editor, Section on Oen~¢s and Birth Defects)
American Society of Human Genetics
American College of Medical Genetics, Founding Fellow
American Medical AssocJatiorl
PUBLICATIONS:
Refereed articles:
·
I. McPh,r~on E, Robensoa C, Cammarano A, Hall JG. Dominantly inherited ptosis, strabismus, and ectopi¢ pupils.
Cl/n Genet 10:21-26, 1976
2. MePberson E, Nail IO, Hickman IL Chromosome 7 short arm deletion and cr~iosynostosis. Hum Gznzt 35:117-
123, 1976
3. Chesney RW, MePberson E, Hall D, Segsr WE. $ever~ mixed metabolic and respiratory alkalosis in
syndrome. ~ Pediatr 89:328-329, 1978
4. McPherson ~W, T~y~or CA. Malignant Hyperthermia: Oeneti¢ Heterogeneity, pplz,2-144, IN:
Thermoregulatory Mechanisms and Their Theraputic Implications, FAs: P Lomax, $ Milton, and E Schonbaumm,
Karger (Basel) 1980
$. McPherson E, Taylor CA. The King Syndrome: Malignant hypenhermia, myopathy, a~d mult~le anomalies.
Am I Med Gen¢~ 8:159-165, 1981
5. Schwartz 5W, Viseskul C, Laxova R, MePhersoa E, Gilbert E. Idiopathic hydrops retails: l~port of 4 cases
including 2 affected sibs. Am ~ Med Oen~ 8:$9-66, 1911
7. Antle¥ RM, Huang DS, Theopold W, Gorlin R, Steeper T, Pitt D, Danks D, McPherso~ EW, Barrels H,
Wiedemann R, Op/tz SM. Further delineation of the C (trigonocephaly) syadrome. Am ~ M~ C, enet 9:147.163,
1981
Fr : IETIC ,12 11/ ./2001 10: P.E
S. McPherson E, Meissn~r L. 1 lq-: Review end report of~vo costs. Birth Defects Orii~nal Article Series
! g(3]~):295-300, !
9. Mcl)herson E, Taylor CA. The genetics of realist hyperthermia= Evidence for genetic heterogeneity. Am
Mod Oenet 11:272-285, 1982
10. Pauli RlVl, Jun$ Jl.l, MePherson EW. Goldenl~ar association and cranial d~fccts. Am J Mcd Genet 15: 177-
179, 1983
! 1. Nadir M, Dillon %V, McPherson E. lv[¥oton~¢ dystrophy in pregnancy. ! Reprod ,¥1~d 2~:168-~72, 1984
1:~. McPherson E, Care), J, Hail JG, Scbimke N, Paule 1% Kroner A. Dominantly inhered renal ndysplasia. Am
~ed Genet 26:863-872, 19~7
13. Quattrin T, McPher3on E, Putnam T. Vertical ~,nnsmission of the Neurofibromato$is/Noonnn s~ndrome. Am J
~ed Genet :26:645-650, 1987
14. Stetiot D, McPherson E, Kuhn J, Anderson P, Emrich L, Peidmonte M. ~ouosomy 1 ? mosnicism in nmniotic
fluid cells. (letter) Am J Med C-enet :2/:483-486,
15. Qusttrin T, McPheFson E, MacG~11ivr~y ~[, Afshani E. Cnse r~:ml't 140: Mncrosomia, unusual fncjes, and
developmental delay. D~rnorpholo~y and Cl[n GeM 2:16-20, 1988
16. Me. Pherson E, Jones SM, Gnllien J, l~anncrntan RM. ~ominant tmtsm~ssion of impe~or,~te nnus cleft lip and
iris co[obom~. Dysmorpholos~, and Clin Genet 2(3):'/9-83,
17. Mel)herson E, Stetka D. Tdsom¥ 22 in n liveborn infant with multiple congenital anomlli~s. Am J Med Genet
36:11-1~, I990
18. McPherson E, Jones SM. Cleft lip and palate in Aieardi syndrome. Am J Meal C-enet 37:318-31~, 1990
20. Russell ~, Cznmecki 13~, Cowan R, Mcl)herson E, l~udar P. Measures ofmatomal alcohol ~3e as predictors
of development in enrl¥ childhood. Alcoholism: Clin and exp res 15:991-1000,
2 ~. Lin AE, Me. Pher~jon K, Nwokero NA, Clemens M, Losken 14~, Mutvihfll JJ. ~2rther l~elineation of the
Gerold Syndrome. Am $ Meal Genet, 45:519-524, 1993
22. MePherson EW, Ketterer DM, Saisburey DJ, Pnllist~r--Ktl~ and Fryrts Syndromes: Nosolos),, AmS Med
Genet, ~7 :241-24 5, 1993.
23. Estop AM, LeChien K, Sherer C, ~cl)herson E, Clemens M, Ciepl¥ K, Genotype--phenotype ¢orrehtions in
patients w~th marker chromosomes nnd uncharactefiz~d chromosome rean-angements, Cytogen Cell Genet 63:25~,
1993
24. McFherson EW, Clemens ~1~1, Gibbons RI, I-Xif~s ~)R, X-linkod nlphn thnlassemia/mental retardation (ATR-~
syndrome: A new k~ndred with severe genital and mild hcmntologic expression, Am J Med Genet,$5:302-306,1995.
25. Estop A.~, Mowre~-Rushton PA, Cieply K]V[, KocJtmat SI, Shete~ C1% Clemens M, Surti U, McPherson K,
Identification of an unbalanced cryptic tFanslocation t(9; 17)(q34.3;p13.3) in n child with dy3mOrl~iC features. J
Med Gonet 32:819-822, 1995.
26. Fung yy, Eyre NJ, Bobl~nder SK, Estop A, M~he~on E, T~= T, Re~ O,
~ormation su~~d by ~e molecu~ ~~on O~o ~all Mcc~i~ oF~l
chromosome 4, Am J Hum Genet ~7:1137-1142, 1~95.
27. M~he~on E, Clemens ~, CIe~ Lip ~d Pal~, ~~~c F~ial ~~,
~d ~al Conge~ H~ Disuse in Two Sibs: A New Aut~ ~~~on
62:58.60, 1996
~sive Co~~n?,
28. C~ens M, M~olf~, Roge~ ~G, Mow~.Ru~n R S~ U, M~be~on
~e Result of a 4p Mi~dele~, Am ~ M~ O~ 66:9~ 101, 1~6 P~'~m-~ S~~me:
29. L~ebn~ N, M~be~on E, ~~e~er L, M~v~] j], Brief CI~~
wi~ e~i~ sepal defer, Am ~ Med O~et 66:3~-3~, I ~.
30. MePherson E, Clemens M, Bruck Syn~e (O~~mesis ~~~ ~ C~~~ lo~t ~~c~).
Review ~d Report of ~e Fir~ N~ ~~~ ~, ~ ~ Med O~ 70:28.31, 1 ~7.
31. Mow~-Rusbmn PA, S~ler ~ K~h~ SI, ~he~on E, $~f U,
for Pr~ml dia~osis ofPallis~_Kill~ S~~e' ~a~l ~~osis
17:255-265, 1 ~7.
32. McPhe~on ~, Laneri G, Cl~ens ~ K~bm~ SI, S~ U, A~~ ~ced
~f~t wi~ Co~n-Si~s s~drome, Am ] Med Gm~ 7~:430~33, ~7.
33. Chrmi~~ C, HUffD, MePhe~n E, Limb ~f~a~ons in oligohy~os S~uence:
age ~d du~tion ofoligohy~nf~, Am ~ Med Oenet 86:430~33 ]~9.
~o_ o~ ~~: , ofg~on~
McPhe~on E. Gen~c Fun~on ~ C~io~~ S~es' ~97-130 ~: C~plex C~io~~ ~bl~s, E~:
CR ~~ne, BI C~on, ~d SI Zi~i~
]- MePherson EW, Taylor CA, He~~ ~. M~ign~t b~e~~i~ A gene~e a~s~. Sci~~ ~bit,
Am~ican Socie~ of Anes~esiolo~, ~ 978
2. MePher~on EW, Taylor CA. Inherence ofm~i~t h~~~~
~iii~ ~d recomm~ded counting. ~ ~ Hum Greet 31:77A, 1979 ~1~~ ~~tion ASHG 1
3. MePhe~on EW, Taylor CA.
Anes~esiolo~, I g7g b~e~a ~ Wf~~. ScienCe E~i~ Am~~ Soci~ of
4. McPhe~on E. Unilateral ~d bilate~ ~ agenesis: ~p~ca~ons for genetic ~~ei~g. Am ~ H~ Genet 34:
101 A, 1982 (PIaffo~ Presentation ASHG i 982)
5' MCPhe~on E. Gen~'~ o~m~i~t b~e~e~: Pa~s ofinb~~ce. ~e Comm~kamr I(2):2, 1983
6. McPberson E. Oene~cs o~M~~t b~~ia: ~sw~ ~ ~mm~ que~~. ~e C~uni~r ~(3):3,
1983
7. M~he~on E, .Flores N. F~ili~ ~d non-~~ mi~ceph~y. ~ j H~ Gena 36:65S, 1984 ~o~
ASHG I984) -
8. McPhersoa ~, I~es S, StOa D. F~g~e ~ T~smhs~ by cl~i~lly no~ai
Clinical Gene~cs Soci~ M~ng ~
412 641 1032 11/22/2001 10 :
9. Jones $, MePl~erson I~. Facial anomn/i~s, short forearms, and imperforat~ anus/n, father and daughter. Birth
Defects and Clinical Genetics Society M~ting I
I 0. MePherson £. The new genetic techniques: Might they apply to MI~? The Communicator III(3):2.3, 1 ~115.
I I. McPher~on E. Inheritance of unilateral aad bil~tersl r~nal af~ene$is. Poster at Spring Clinical Day, SUNYAB,
12. MePherson E, Russell M, Cowan R, Czameeki D, Mudar P. Soeial drinkin~ durin~ pregnancy: Effects on
child 8row~ and development at a~e six. Ma~h of Dimss Clinical Genetics Conf~rene~ l~I
13. ,'VlePherson E. lmpgntint~ in malignant hyperthennia? March of Dimes Clinical Genetics Conference 1991
14. Clemens M, MePher~on ~. Duplication of'proximal 10q: R~vi~,w and case report. March ot'Dimes Clinical
Genetics Conference 1991
15.McPh~rson lil, Estop A, Paulus-Thomas I. .
Hum Genet 49: ALSO, 199! Cranio-fronto-nasal dysplasia in a girl with del (X) (p22.2). Am
16. Clemens 1~1, MePherson E, Lin A, Sherer C. ~oonan synd~me phenotype with an apparently baJanced
t(13;2I). Am ~ Hum Genet 49:Al31, 1991
17. Lin AE, Losken HW, Nfwokoro N, MePherson E, Clemens M, Mulvihill $. Baller-Gerold syndrome:
Craniosynostosis-Radial aplasia. American Cleft Palate Craniofacial Association 1991
18. LeCl~ien 1~, MePherson EW, Estop AM. 'l¥isomy 20p resulting fram it: I segre~tion ora de novo t(20;2l)
identified via FISH. Am $ Hum Genet $1 :Ag3, 1992
19. McPherson g, Clemens M, Sherer C, Estop A. Dupli¢~on 16ql3-->qr. er dus to 3:1 segregation ora maternal
t(I4;16)(q] 1.2-->q13). Am J Hum Genet $1:A293, 1~2
20. MePllerson ii;, Clemens M, Gibbons R.I, ATR-X as a cause of'male pseudohennaphroditism. Am $ Hum Genet
53: A 475, ]993
~¢ardi Syndrome Am J ,,, r-_ .......... erson E, Dorsal interhnmispheric sacs are common findinss in
· Hu.., ,.,,~.et ~.~: A I :~41, 199:]
22. McPherson E, Clemens M, Osteogenests tmperfecta and Consenita! Joint Contraetures (Bruck SyndrorneJ: The
~'irst Nor~ American Case, Am Colleie or'Medical Genetics First Annual ~eetins 1994.
2:3. Clemens M, McPherson E, Marazzo D, Went~er S, Wol~-I'Iirschhorn Syndrome clue to unbnlanced t(3p;4p):
Cases in a Six Generation Pedigree, Arn Colle/i~ or'Medical Genetics First Annual Meeti~& 1994.
24. Estop AM, Koty P, LeChien K, Sllerer C, McPh~rson Ii:, Karyotype-Phenotype Correlation~, AmScan Colle~e
of Medicai Genetics First Annual Meetin~ I ~4.
25. Mowry-Rushton PA, Estop A, Cieply K, Kochman $$, l~l~lWrson E, Suni U, Identification of Unbalanced
Cryptic Translo~ation Using Fluorescent In.Sim Hybridization, Am College ot'Cytogenetics Annual Conference
1994.
2g. McPher$on EW, Clemens MM, l'/of~an EP, Paulus-l'hornas $, completely skewed X-inactivation in a severely
affected ColTm-Lowry heterozygote, Am J Med Genet 5$(supp)A87, 1994.
From:GE T I CS 412 1 1022 11/22/2001 10:25 P.007
27. Clemens M, McPherson E, Sharer C, l~smp A, Themes $, NewShmn I, monozT~otic male twins concorden~ t'or
· ~ Beckwid~-Wi~emann syndrome, Am J Mad Genet $5(supp) A307, 1994.
28. McPherson EW, Clemens M, Schinzel-Gideon syndrome end malignant sacrococcyscal rgrmome: a second
case, 26a Annual March of Dimes Clinical Generics Conference and American CoUege of Medical G~ngtics 2,~ $oint
Clinical Meeting, Los Angeles, 1995.
29. Clemens M, McPherson EW, 4p microde]etion in a child
$7(supp) A86, 199~.
30. Coss LN, Hogge WA, Kochmer S$, Surti U, MePherson EW, Lazelmik N, HiU LM, Isolated abdomin~ situs
inversus associated with an unbalanced l ;15 t~nslocad~, Am l Hum Genet $?(supp) A86, 1995.
3 I. McPherson E, Huff D, Clemens M, Smith 1~, Niklaus A, Kochmar S, Surd U, Terminal del 16 in a fcms wi~h
frontonesal dysplesia and C'~S anomalies, Am $ Hum Genet ST(supp) A31 l,
32. McPherson £W, Clemens MM, Kochmar S$, Suni U, Apparently Balanced t(l;7) in an i/tfiint with Cof~o-SiTis
syndrome, 27dr Annual March of Dimes Clinical Genetics Me~$ ~nd American College ofM~dical t3¢nctics 3rd
Annual Meeting, San Antonio, 1996.
33. Ward D~ Feldrnan, G J, Robin, NH, Zackai l~l-l, Price
MePherson, EW, Jabs EW, Carey JC, Ssavedra D, Siesel-Bega~lt
Craniofronron~d syndrome (CF~qS) ~ to Xp22: molecular and cy~$enedc
CFNS sene, 27th Annual March et'Dimes'Clinical Genetics Meeting ~nd American Coilese oflVfedic,~l Gen~cs 3rd
Annual Meeting, San Antonio, 1996.
34. McPherson E, Clemens ]Vi, Fox T, end HuffD, Petal Hypokinesia, pulmonm~ lymphangiectasia, arrd congenital
hes,.~ disease: a new s)mdromic form of spinal muscular atrophy9 David Smith Workshop on M~lform~ions ~nd
Morphogenesis, Lake arrowhead CA, 1996.
35. McPherson E, Smidt E, Sur~i U, l~llister Kil]ian syndrome: Familial recurrence ?, Am ~ Hum (~enet 59 (supp):
A98, 1996.
36. Ventura K A, McPherson E, SuM U, l~c~~ $ $, Hogge W A, Prenatal die~o~i~ of a de-nero 49 duplic~on
and associated ph~owpe, Am J Hum Genet 59 (supp): A413, 1996.
37. McPherson E, Clemens M. SHORT s~mdrome wivh normal stmure, 4th Joint Clinical Meedass, Ft. Lauderdale,
1997.
38. ,'t~cPberson E, Clemens ~, Autosomal dominant Brachmmm-deLange syndrome: Incomplete penetrsace
variable expression, Am $ Hum Genet 6 l(supp): A 107, 1997.
39. MePher~on E, Clemens M. Hof~er L, Surti U, Sacral Tumors in Schin~l-Giedion syndrome, Am J Mad Oenet
79:62-63, 1998.
40. McPherson E, Huff D, Smith E, Jeune syndrome presenting with hydrops and massive polycystic kidneys, 5th
Joint Clinical Meetings, Los Angeles, 1998.
41. McPherson E, Huff D, Anomalies ofthe forebtaln with radial limb defects: Oatcia-Lurie-Steinfeld syndrome?
platform presentation at David Smith Workshop on Malfotm~ and Morphosenesis, Whistler, I~C, 1998.
42. McPherson K, Clemens M, Huff D, Anomalies ofthe fotebratn with radial limb defects: Oarcia-Lurie-Steinfeld
syndromeT, Am J Hum Genet, 63(supp): A113, 1998.
43, Christianson C, Huff D, MePherson ~, Limb deformations in oli~ohydramnlos sequence: effects ofgestational
age and duration of oligohydrnmnios, Genetics in Medicine 1:53, 1999.
From:EENETI08 412 1 108'2 1 10:36 P.O08
44. McPherson E, Clemens M, Nmu-dl hsitory of Trisomy 1:3 in unselect~ tivcbom patients: Compmison with thc
S.O.F.T. dam, Genetics in Medicin~ 1:$8, 1999.
4~. McPhorson gW, Hogge WA, Hns (Type IV) polysyndactyiy pre. scndng pronely with bilatu'al tibial aplasia,.
Am J Hum Oenet 65 (supp): A334, 1999.
46. Prosen T~ McPberson E, Surfi U, Di~gans GR, ~ls~.kson CL, Boemer SM, Caine ME, Ctmunins JH, Mosaic
isoMuuomy 20p in · liveborn, Am J Hum Oonet 65 (supp): A339, 1999.
47. I-Io88e WA, Prosen T, McPborson E, Hill L, Lain K, Prenatal ~osis of Desbu~ios syndrome, Am J Hum
Genet 6~(supp): A17'7, 1999.
48. McPherson E, AR£DYLD syndrome wid~ focaJ segmental ~lomeruloselerosi$, Genetics in MedicJnc 2:82,
2000.
49. McPherson E, Prosen T, Surti U, Anonychie nd absence of distal phalsnses in e pedant with apparently
balanced ~(!?;21Xq24.2;q ] !.2), Genetics in Medicine 2:8:2, 2000.
50. McPhmou £, Clemens ]vi, Craven C, Two Veasei Cord--Wha~ does ir mean for tho ferns?, Plm~orm
· presentation at David W. Smith Workshop on lvhlformsfions and MorpJJogenesis, LeJolh, CA, 2000.
$1. Hohler PM, Neiswanser lC, Thomas L, Mowrey-Ru~~ P, McPherson 1~, Hog~e A, Sirfi U, Vm. iable
Outcomes il3 ~ cues of mosaic trisomy 16, Am ~ l-lure Gene~ 67(supp): 14~, 2000.
52. MePherson EW, Clemens MM, Kochmsr S, Gbaraibeh B, Surti U, Supernumerary IUng Chromosome I 1
Mosaicism causing refirml co[obomu, Am I Hum Genet 67 (supp):161, 2000.
~3. McPberson E, Hogge WA, Dandy-Walker and Turner syndrome: a fi'ecluerg associigion?, 2001 Annual Clinical
generics Meeting, Miami, March 2001.
54. Dhands S, Ho~e WA, Surti ~ Mc_Pher3on K, Tetrasomy 9p: a potential prumm] dissno~c dilemma, 2001
Annua! Clinics/Gene~cs Meeting, Miami, March 2001.
·
· ·
#
Magee-Womens Hospital
of UPMC Health System 3oo Halkst Strut
Department o£ Generics
412-641-4168
November 16, 2000 Fax 412-641-1032
Pediatric Care Specialists In Iohnstown
110 Main Street
$ohnstown, PA 15901
RE' Angela White
DOB: 10/05/00
Ge#: 00-2384
Dear Doctors:
I had the pleasure of seeing Angela White together with her grandmother svho is raising her in the Medical
Genetics Clinic at Magee-Womens Hospital on November 14, 2000. Angela, as you know, is a 5 week old
with an unbalanced chromosome translocafion. This results in a slight deletion of 6p and a significant sized
duplication of 1Sq. Angela was the product of a pregnancy, complicated by smoking and possible alcohol
use. She was delivered near term and had a birth weight of 6 pounds 7 oz, and length of 19 roches. In the
newborn period webbing of her neck was noted and Turner Syndrome was suspected. She also failed a
hearing screen. Since that time her general health has been good. She is on Amoxicillin for serous otitis.
Because of vomiting which occurred through the nose and mouth the grandmother changed her formula to
isomil which she tolerates well. Her growth has been excellent. The grandmother feels her development is
essentially normal, but has noted that Angela rolls her eyes at times. Angela has one full sibling who is
physically and developmentally nonn',fl. A half sibling through her mother also appears normal. A
paternal uncle has seizul;es. There is no other family histo~' of birth defects.
c',,,, h. _..~,1 examination. Angela has a length of ~ i inches weight of 8 pounds 6 oz, and head
cii't, untf~r~nce of 35cm. This places her at the 5:} percentile ,"or length and ',','eight and the 25 percentile for
head circumference. She does have a cute. but somewhat unusual facial appearance with ptosis, a
prominent nose with snubbed tip, a long. but not smooth philtmm, and mild micrognathia. Her ears are
small, measuring only 3.3cm bilaterally and are simple in their form. She has excess nuchal skin. but no
true webbing. Her topples are somewhat wide set: there is no cardiac murmur. Her abdomen, back, and
external genitalia appear normal. Her limbs are normally proportioned and have a full range of motion
except that her thumbs are usually adducted. Palrmtr flexion creases are normal. The total hand length of
7cra and foot length of 8.4cm are wiflfin the normal range for her age. She is mildly hypotonic, but is
beginning to lift i~er head when pulled to sitting, i was ,mt able to see a red reflex in eithe~ eye. but
c..~an', nataca ';,'as ,,., ..... ,. becau:c she is qu:te zensitive to light, l 'also :,,'ar r'.ot able to ~bse~'e he,'
lbllowing objects visually. I did observe her eves rolling at times, but this did not appear to be true
nystagmus and also there was no other evidence to suggest a seizure.
Angela has only a ','er5.' small deletion at the tip Of 6p. The number of' cases previously described is small.
but it is important to note that many of the patients l'mve had eye abnormalities. The gene involved in
Ricger syndrome nmps to this location: fl~erefore, fl~e incidence of colobomas and other anterior chamber
abnomr, flities in patients wiflx fl~e deletion is not surprising. Congenital heart disease is also frequent in
patients with a deletion of this portion of 6p. Heating loss may also be attributed to this deletion, although
thc mcch:mism of' the hearing loss. sensorineuml vs conductive, is not clear in all cases.
There is considerably more information regarding duplications of 1 Sq. The region which is duplicated in
Angela is associated with a specific fi~cial appetmmce involving ptosis, prominent nose. long well defined
philtrum, high arched palate, and micrognaflfia have been reported in most cases. Angela shows a facial
RE- Angela White
DOB' 10/05100
GC#' 00-2384
resemblance to previously reported patients with this condition. Other frequent features include short neck,
post natal short stature, microcephaly, cardiovascular defects, araclmodactyly, and camptodactyly. Mental
deficiency is always noted and usually severe. Became the majority of previously reported lSq duplication
patients have involvement of another chromosome, it is difficult to be certain what portion of the mental
deficiency is ascribable to the duplication I Sq. Since the other chromosome abnormality in Angela,
namely the 6p deletio, is small and associated with only minimal mental deficiency., I am optimistic that
Angela might be less severely affected than many of ~e reported patients. Nevertheless, she is at risk for
significant developmental delay.
I strongly suggest that Angela have her eyes examin~ by a Pediatric Ophthalmologist. I would suggest
either Dr. Hoover or the Pediatric Ophtimlmology & Strabismus Group. I know the later has an office in
Murrysville. I would also suggest that Angela have an echocardiogram for reassurance because of the high
incidence of congenital heart disease in other patients with this chromosome abnormality. Because of the
risk of developmental delay, Angela should be enrolled in an Early Intervention Progrmn. I have provided
the grandmother with prescriptions for the birth parents to have their blood drawn for chromosome studies.
This is important because if either of them carries a balanced translocation other family members could
carry, the same tmnslocation and possibly be at risk to have affected offspring. I would like to see Angela
in 6 months for follow-up to see if she is progressing as expected for a child with this condition. In the
mean time if you have questions or ifI can be of further help, please don't hesitate to call me at
412-641-4168.
With Best Wishes.
Elizabeth McPhcrson, M.D.
Pediatric Geneticist/Dy. smorphologist
EWM/Iam
cc: Dr. Rogerson
· Magee-Womens Hospital '
o£ UPMC Heakh System
Department of Genetics
December 1, 2000 412-64 I-4168
Fax 412-641-1032
~h's. Desiree White
RD #3, Box 30
New Florence, PA 15944
Dear ~h's. WNte:
It was a pleasure meeting you, your son. and your granddaughter, Angela, in the Medical Genetics
Depaztment of Magee-Womens Hospital on ~ovember 14, 2000. TI'Lis letter will sen-e as a review of our
discussion. You may wish to keep it with other medical records for future reference.
During your appointment we discussed the fact that when Angela was born there was a concern that she
had some features of Turner Syndrome. This is a syndrome in which girls are bom with onlv one X
chromosome (most girls have two X chromosomesi. In order to determine if Angela had Tt~er Syndrome
the doctors requested a test that looked at her chromosomes. When this test was completed it was apparent
that Angela did not have Turner Syndrome, but did have changes in her chromosomes that we felt were
important to discuss with you. IfTou recall fi'om our discussion we expect ~'eryonc to have 46
chromosomes that are put into 23 pairs. The first 22 pairs are numbered 1-22 and the 23~a pair are called
sex chromosomes. In girls the sex chromosome pair is XX. in boys the sex chromosome pair is XY. One
of each chromosome from each pair is inherited from a babY's mother and the other is inherited from a
baby's father. When we looked at Angela's chromosomes We did see 23 paiz~ but not all of the ·
chrc~mosomes were as we ex'pected them to be. After looking at Angela's chromosomes it was apparent
that she has an extra piece of one chromosome 15 attached to one chromosome 6. She is -also missing a
piece of chromosome 6 at the point that the 15 attached. To help you understand what has happened I have
put a picture of the changes below.
,
~,.°
There are two explanations for how this happened. It is.possible that either Ang¢la's mother or ~athcr could
have some ch~gcs in how their chromosomes are arranged. Often parents will haw changes in how their
chromosomes ar~ an'ang~d, but without gaining or loosing any material so there would b~ no way for
anyone to t~ll that th~ haw a change. Un,fommatelv when a p~rson with a chang~ in their chromosomes
has ch/ldren it is possible that the chromosomes will'not align properly and some material will be lost
.. ,..
.'.
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"'. " '" .' .5 -,:,',i~. /~,,.... ..., .
, ,.... ..: · - o- /?'~ - .:
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'
·
RE: Angola White '
DOB: 10/05/00
GC#: 00-23~
ga/ned. The other possibility is that th/s was a new change that occurred/n Angela and that there are no
changes in either of her parents. Sometimes when the chromosomes from the mom and the dad come
together and line up together, changes can occur.
Because Angela is missing the top piece of one of her copies of chromosome 6 it is possible that she may
We problems with her eyes. Iot~Sc~nJJosr~om~Ol~.Or~to~eheo~ees by go, nE to a .pediatric oph~ologis~
Angela also has an exwa piece
are heart problems, a small head. and some learning I~roblems. We discussed that we cannot predict how
severe .,imgela,s learning problems may be. problems associated with this extra piece
When Dr. McPberson examined A-ngela she noticed that An§ela had some extra skin on t.he back of her
neck w/rich indicates that her neck was probably swollen during the pregnancy, she also had Iow muscle
tone w/rich means that she may have some delays in activities that require strong muscles such as sitting up
or walking. She also has droopy eye lids and a ~left in the roof of her mouth which may explain wh.v when
she throws up it comes out of her mouth and nose. The other feature that Dr. McPhers~n noticed was that
when Angela clenches her fist she keeps her thumb in and under the rest of her fingers. By An§ela's age
most infants have started to put their thumb on the outside of their fist. When babies don't make this
change it makes us worry t/mt they. ma.vt have a change in their brain that is stopping them from
progressing normally. In other respects. Angela is doing ye.fy well for her age.
Because we know that Angela has an increased risk of eye problems, heart problems, and
leammg/developmenhal problems we ~,,'e su ~este
cardiolo is and e ' · §g d that a pediatric o h · . . '
g t, arly intervention see her. Early inlerv ,, ' · _ _P. ~ologm, a pediamc
~il} .come to your home to detemfine if .~ e,,tlon is a special team of health professionals who
Angela is developing the skills at the normal rate. If ~ey. feel she is
u¢'~elopmentally delayed thev will have professionals in physical therapy, occupational therapy, or speech
therapy come to your'home t~) work with her so that she develops as well as possible. .
We are also interested in seeing how Angela does in the future; therefore, we would like you to bring her
back to see us in 6 months to see how she is doing. .
As we e.'cplamed above, there is a chance t/mt ·
her parents. During the appointment we gave Angela' lms_~ented the change in her chromosomes from
test that would look at their chromosomes. This information can be helpful in determining their risk to
have other children with chromosome you referrals/'or Angela's mother and father to have a blood
cltromosome change, changes or the risk for their other children to have an undetected
We discussed a 1o~ of complicated information during the appointment: please feel tree to call us if you
have any questions regardin.~ this information, we would be happy to speak with you again. You ca~ reach
Sincerely
Genetic Counseling Intern Elizabeth M~l~herson. M.D. """
Pediatric Geneticist
cc: Pediatric Care Specialists in JoImstovm
Magee-Womens Hospital
of UPMC Health System
300 Haiket Street
Department of Genetics Pittsburgh, PA ~52~3-3~80
November 8, 2001
412-641-4168
Fax 412-641-1032
Dr. Venketa Dharbhamulla
Pediatric Care Specialists
110 Main Street
Johnstown, PA 15901
RE: Angela White
DOB: 10/05/00
GC#: 01-2461
Dear Dr. Dharbhamulla:
I would like to thank you for giving me the opportunity to see your patient Angela White in the Medical
Genetics Clinic at Magee-Womens Hospital on November 5, 2001. Angela, as you know, is a 1-year old
with an unbalanced chromosome translocation, which results in partial Trisomy 15 and a very small
deletion of the short arm of chromosome 6. Since her last genetics visit/-year ago, Angela has done very
well. She has a ventricular septal defect, but has had no cardiac symptoms. She has required
had a tongue-tie clipped. She had an e e ex · ·
being because of slgmficant ptosis, wh ich will probably eventuall;Jr°erq;~rne°sr~nur~l[ct;~S[ebp~tirS'
followed . . Y ammat~on, which showed no ma' .. ear tubes and
eats well and is continuing to grow close to the 50 percentile h~se
circumference, however, have fallen below the 5m percentile for height. Her weight and head
· This is not unusual in children with
chromosomal disorders. As expected, she is developmentally delayed, but continues to make progress.
She lives with her grandmother who works with her daily to enhance her developmental progress. Early
Intervention also follows her. Recently, she has been working on/earning to balance in sitting and she has
occasionally made consonant sounds, such as "mama", although it's not c/ear if these are meaningful
words.
On physical examination, Angela now h
weight of16 '/= pounds, which is b as a ~ngth of, 2.9 inches, which is just below the 50 percentile, a
elow the 5 percentile, and a head circumference of 43cm, also below
the 5m percentile. Her anterior fontanelle is large, but fibrotie, and she has a slight metopie ridge. Her
facial appearance is unusual with ptosis, epieanthal folds, and a bulbous nose with a m/d-line dimple, very
prominent pillars of her philtrum, micrognathia, and small simple ears. She has excess nuchal skin, a
pectus excavatum, and a cardiac murmur. Her abdomen, back, and external genitalia are unremarkable.
Her limbs are normally proportioned and have a full range of motion, but she has proximally placed thumbs
with a mildly hyPoplastic thenar eminence. Her toes are overlapping and the th/rd toes are slightly smaller
then the others. Her pa/mar flexion creases are normal She has generally decreased muscle tone and
hyporeflexia. There are no significant sk/n lesions.
Compared to other children with similar chromosome abnormalities, Angela is doing quite well. Children
with similar small deletions of 6p usually have developrnentally delay, hypotonia, and hearing loss, all of
which are present in Angela. Some have other more serious problems, such as congenital heart disease, eye
abnorrnalities, cleft pa/ate or joint dislocations, and fortunately except for her rather rnild congenital heart
disease, Angela has none of these problems. Overall, Angela's appearance is more similar to other children
who have duplications of 15q. This should not be surpr/sing since she has duplication of'a fairly large
segment of chromosome 15. The most frequent features of partial Trisomy 15 include developmental
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ll:lmll ll~ ll ll ~:~mlll ~l~:l~''~:ll 1,~: ~llm m,~Sll~l~:m ~;~77~ lm ll:fl~)'Slm~m ~~55:11 l~~'~ll ~'~ 1 ...... }~'O,
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....... . .".~i~:!:.',.'. .??' ..¥..?: .~" ~;~i? TM .?
RE: Angela White
DOB' 10/05/00
GC#: 01-2461
delay, hypotonia, growth deficiency, microcephaly, ptosis, prominent bulbous nose, long well defined
philtrum, micrognathia, pectus excavatum, and congenital heart disease. All of these features are present in
Angela. Despite these characteristic physical features, most children with partial Trisomy 15 enjoy good
physical health, and since Angela does not have any specific life-threatening birth defects, her life
expectancy is presumably normal.
The chromosomal imbalance does of course explain her developmental delay and this will continue to be
her most significant problem. She will continue to require special education and although she is expected
to walk, talk, and learn self-help skills, it is unlikely that she will be able to live independently. She will
probably require special services such as physical, occupational, and speech therapy in order to achieve her
maximum potential. At times, these services may not all be available through the school system, and it
may require extra effort on the part of her caregivers to provide the services. Furthermore, she will
continue to have special medical needs related to her ventricular septal defect, ptosis, and hearing loss.
Although her slow growth is normal for children with this chromosomal disorder, it is very important that
she continue to receive good nutrition since she is so small for her age. Because of her developmental
delay and her increased need for services, caring for her is more challenging than caring for a
chromosomally normal child. It is very important that she be in an optimal home so that she can reach her
potential. She resides with her grandmother who has been doing an excellent job in keeping medical
appointments, providing good nutrition, providing daily therapy, and enhancing her socialization and self
image. Her grandmother is aware of the challenges that Angela's disability may pose as she gets older and
is already making plans to deal with this. Her parents, however, have had very little contact with Angela. I
strongly believe that it is in Angela's best interest to remain in her grandparents' home.
I also reviewed with the grandmother the genetics of Angela's condition. Because of Angela's
chromosome imbalance, her offspring are at 50% risk to be like her. If she functions well enough that she
is considering having children, she will need counseling regarding this when she is older. Her parents have
both undergone chromosome studies and the father carries the balanced translocation. This will result in a
significant risk to his furore offspring, but unfortunately I have been unable to discuss it with him because
he has not attended any genetics appointments. We have sent the parents a letter regarding this
information, but have received no response. I would like to continue to follow Angela yearly in order to
share with the family any new information about her condition and to make sure that she is progressing as
expected compared to other children with similar chromosome abnormalities. If you have questions or if I
can be of further help, please don't hesitate to call me at 412-641-4168.
With Best Wishes.
Elizabeth McPherson, M.D.
Pediatric Geneticist/Dysmorphologist
EWM/lam
cc: Dr. Rogerson Dr. Lee Beerman
Dr. Albert Biglan
Jbhnson, Duffle, Stewart & Weidner
By: Mark C. Duffle
I.D. No. 75906 Attorneys for Plaintiffs
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
MICHAEL ALAN WHITE and ' IN THE COURT OF COMMON PLEAS OF
DESIREE NICHOLE WHITE, ' CUMBERLAND COUNTY, PENNSYLVANIA
Husband and Wife, .
: NO. 01-2182
Plaintiffs :
: CIVIL ACTION - LAW
V. :
: IN CUSTODY
RICHARD WHITE, SR. and LEONE WHITE, ·
Husband and Wife
Defendants
ANSWER TO PETITION FOR CHANGE OF VENUE
AND RULE TO SHOW CAUSE
AND NOW comes the Respondents, MICHAEL ALAN WHITE and DESIREE NICHOLE WHITE, the
Plaintiffs in the underlined custody action, and filed as Answer to the Petition for Change of Venue and Rule
to' Show Cause and in support thereof avers as follows:
I. ANSWER TO PETITION FOR CHANGE IN VENUr'
1. Admitted in part and denied in part. It is denied that Petitioner, LEONE WHITE, is a paternal
grandparent of the child. By way of further response, Petitioner, RICHARD WHITE, SR. is the paternal
grandfather of the minor child and the Petitioner LEONE WHITE is a step-grandparent. The balance of the
averments set forth in Paragraph 1 is admitted.
2. Admitted in part and denied in part. It is admitted that the Respondents are the natural
parents of the child and are adult individuals whose residence at the time of their Petition for Custody was
315 Market Street, Apartment #2, Lemoyne, Cumberland County, Pennsylvania. It is further admitted that
the Respondents moved their residence to New Cumberland, Cumberland County, Pennsylvania. The
balance of the averments set forth in Paragraph 2 are admitted.
3. Admitted in part and denied in part. It is denied that the child resided with the Petitioners in
Westmoreland County since the time of her birth on October 5, 2001. By way of further response, the child
began residing with Petitioners on or about October 7, 2000. The balance of the averments set forth in
Paragraph 3 are admitted.
4. Admitted in part and denied in part. It is admitted that the child has never resided in
Cumberland County. The Respondent's have no knowledge as to the truth or veracity of the balance of the
averments set forth in Paragraph 4 and therefore proof thereof is demanded.
5. Admitted in part and denied in part. It is denied that on or about October 7, 2000, two days
after the birth of the child, the Respondents relinquished to the Petitioners their parental rights by written
agreement in Westmoreland County, Pennsylvania. In fact, the agreement which was drafted by Petitioners
and signed by Respondents was prepared by Petitioners and executed at the hospital in which the child was
born. By way of further response, the intent of the parties at the time of the signing of the agreement was to
temporarily relocate the minor child with the Petitioners to allow the Respondents to improve their financial
condition and secure health insurance for the minor child. Repeated requests by the Respondents to the
Petitioners to allow the Respondents to see their minor child have been summarily denied by the Petitioners.
The balance of the averments set forth in Paragraph 5 are admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Denied. The child has a number of significant contacts with Cumberland County which could
give rise to jurisdiction. Most importantly, the minor child's natural parents reside in Cumberland County.
The minor child has other relatives such as a patemal grandmother who resides in Cumberland County.
The perspective home and home environment is located in Cumberland County. Due to the special medical
attention that the minor child requires, any new physicians that must render care in the future to this minor
child are located in or around Cumberland County.
11. Denied. The averments set forth in Paragraphs 10 and 11 are legal conclusions to which no
responsive pleading is required.
WHEREFORE, Respondents respectfully request that the above-captioned matter remain in
Cumberland County, Pennsylvania.
II. ANSWER TO RULE TO SHOW CAUSE
12. Paragraphs 1 through 11 are incorporated herein as if set forth fully.
13. Respondents filed a Complaint in Custody on April 12, 2001 seeking full physical and legal
custody of their minor child, Heaven Leigh White. Said Complaint was properly served upon the Petitioners,
RICHARD WHITE, SR. and LEONE WHITE on April 23, 2001 and evidenced by a Proof of Service filed with
the Court on May 17, 2001.
14. Pennsylvania Rule of Civil Procedure 1915.5(a) sets forth that "a party must raise any
question of jurisdiction of the person or venue by preliminary objection filed within twenty (20) days of
service to the pleading to which objection is made, or at the time of hearing, which ever first occurs."
15. The Petitioners failed to file any responsive pleading whatsoever and in no way raise any
objection to jurisdiction or venue.
16. The hearing in this matter was scheduled for May 16, 2001 by Order of Court dated April 20,
2001, before Jacquelyn M. Verney, Esquire, a custody conciliator.
17. The Order of Court scheduling the Custody Conciliation for May 16, 2001 at 1 '30 p.m. before
Jacquelyn M. Verney, Esquire was forwarded to the Petitioners at the address set forth in the Complaint for
Custody which has been confirmed as accurate in the Petitioner's Petition for Change in Venue.
18. The Petitioners ignored the Order of Court and failed to appear at the Custody Conciliation at
which time an Order of Court was entered directing that the Petitioners "shall have no right to legal or
physical custody of the child." and "the grandparents shall immediately transfer immediate custody of the
child to the parents."
19. The Petitioners, when presented with this Order of Court, managed to physically elude the
Respondents when they presented the same at their residence a few days after receipt of the Order on May
24, 2001.
20. Since the child's birth, the Petitioners have done nothing but completely prevent any and all
contact between the Respondents and the minor child. They have failed to return any phone calls or e-
mails. The only contact that the Respondents have had since October 7, 2000 was a photograph sent some
time over the holidays by Petitioners to Respondents.
21. The Petitioners have in fact unilaterally changed the name of the minor child to Angela Leigh
White without the permission of the Court or the consent of the natural parents. It is believed and therefore
averred that the Petitioners have no intent of allowing the natural parents to reassume their roles as parents
to the child.
22. It is believed and therefore averred that the Petitioners are simply prolonging this matter by
failing to appear at scheduled court dates and after the time allotted for preliminary objections petitioning the
Court to transfer venue of the case to delay the matter twelve months to confer standing upon them for
custody as grandparents of the minor child pursuant to 23 Pa.C.S.A. § 5313. The Respondents have
continually trying to reassume the role as parents of the minor child, but have been prohibited from doing so
by the Petitioners.
23. The Petitioners are wrongfully keeping minor child from her natural parents despite repeated
requests that the child be returned to their custody and as such, should not be able to gain the benefit of
jurisdiction in Westmoreland County. 23 Pa.C.S.A. §5349.
24. Pennsylvania Rule Civil Procedure 1915.2 permits an action can be brought in any county "in
which it is in the best interest of the child that the Court decide the matter because the child and the child's
parents, and the child and at least one party, have a significant connection with the county and them is
available within the county substantial evidence concerning the child's present or future care, protection,
training and personal relationships,,. The child, as set forth herein, does have significant connections to
Cumberland County and certainly any new future care, protection, training and personal relationships are
located here in Cumberland County. Collectively, the child and the child's parents do have a requisite
significant connection to Cumberland County. The Petitioner's connections with either county should be
wholly irrelevant, according to the rule.
WHEREFORE, Respondents herein request that the matter remain in Cumberland County, as
originally filed, as the Petitioners failed to file any preliminary objections pertaining to personal jurisdiction. A
Court may sua sponte raise the issue of subject matter jurisdiction, the exercise of its jurisdiction pursuant to
23 Pa.C.S.A. § 5347, § 5348 relating to inconvenient form as well as § 5349 and {}5364(0 relating to
jurisdiction declined by mason of conduct. ~ Pa.R.C.P. 1915.5(a). The issue of personal jurisdiction
has been waived by failure to file a preliminary objection. Due to the fact that both parents do reside and
have significant contacts with Cumberland County and that the minor child has significant contacts with
Cumberland County, the matter should remain in Cumberland County rather than transferred and delayed to
Westmoreland County.
Respectfully submitted,
JOHNSON, DUFFLE, STEWART & WEIDNER
By:
Attorney I.D. No.
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
DATED: ~ Attorneys for Plaintiffs
----______, 2001
'148981
VF_RIFICA TION
I, Mark C. Duffle, attorney for Michael Alan White and Desiree Nichole White, hereby certify that the
matters asserted herein constitute matters of record, legal arguments and matters within the direct
knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of
the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904.
Mark C.
Date: August 14, 2001
'148981
CI=RTIFICA TE OF SERVICE
I, Mark C. Duffle, of the law firm of Johnson, Duffle, Stewart & Weidner, attorneys for Michael Alan
White and Desiree Nichole White, do hereby certify that I served a true and correct copy of the attached
~swer to New Matter by United States Mail, first class, postage prepaid, and faxed upon the Counsel listed
below:
Harold S. Irwin, III, Esquire
35 E. High Street
Carlisle, PA 17013
Fax: 717-243-9200
Date: ~/J'~/~ / .
· Mark C.
'148981
Page 1
PA ST 23 Pa.C.S.A. § 5313, When grandparents may petition
pursuant to an order of court; and
*27162 23 Pa.C.S.A. § $313 (3) who for 12 months has assumed the role
PURDON'SPENNSYLVANIA and responsibilities of the child's parent,
STATUTES AND CONSOLIDATED providing for the physical, emotional and
social needs of the child, or who assumes the
STATUTES ANNOTATED responsibility for a child who has been
PURDON'S PENNSYLVANIA determined to be a dependent child pursuant to
CONSOLIDATED STATUTES 42 Pa.C.S. Ch. 63 (relating to juvenile matters)
ANNOTATED or who assumes or deems it necessary to
TiTLE23. DOMESTIC RELATIONS assume responsibility for a child who is
PART VI. CHILDREN AND substantially at risk due to parental abuse,
MINORS neglect, drug or alcohol abuse or mental
CHAPTER 53. CUSTODY illness. The court may issue a temporary order
SUBCHAPTER A. GENERAL pursuant to this section.
PROVISIONS CREDIT(S)
Current through End of the 2000 Regular 1991 Main Volume
Session
1985, Oct. 30, P.L. 264, No. 66, ~ 1, effective in 90 days.
§ 5313. When grandparents may petition 2001 Electronic Update
(a) Partial custody and visitation.--If an *~7~6~ Amended 1996, Oct. 16, P.L. 706, No. 124, ~ 6,
unmarried child has resided with his effective in 60 days.
grandparents or great-grandparents for a period
of 12 months or more and is subsequently <General Materials (GM) - References,
removed from the home by his parents, the Annotations, or Tables>
grandparents or great-grandparents may petition
the court for an order granting them reasonable HISTORICAL NOTES
partial custody or visitation rights, or both, to
the child. The court shall grant the petition if it HISTORICAL AND STATUTORY NOTES
finds that visitation rights would be in the best 2001 Electronic Update
interest of the child and would not interfere with
the parent-child relationship. 1996 Legislation
(b) Physical and legal custody.--A grandparent The 1996 amendment rewrote the heading, designated the
has standing to bring a petition for physical and former text as subsec. (a), and added subsec. (b).
legal custody of a grandchild. If it is in the best 1991 Main Volume
interest of the child not to be in the custody of
either parent and if it is in the best interest of the Prior Laws:
child to be in the custody of the grandparent, the ! 981, Nov. 5, P.L. 322, No. 115, § 14 (23 P.S. § 1014).
court may award physical and legal custody to ANNOTATIONS
the grandparent. This subsection applies to a
grandparent: NOTES OF DECISIONS
(1) who has genuine care and concern for the In general 1
child; Best interests of child 2
(2) whose relationship with the child began Dependent children $
with the consent of a parent of the child or Order 3
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
PA ST 23 Pa.C.S.A. § 5313, When grandparents may petition Page 2
circumstance analysis when grandparents sought custody
Standing8 of the child. Snarski v. Krincek, 538 A.2d 1348, 372
Third party custody 6 Pa. Super. 58, Super. 1988.
Timing 7
Visitation 4 Allowing maternal grandparents to visit grandchildren for
five hours on the third Sunday of each month was in the
1. In general best interests of the children and would not unduly
Grandparents occupy favored position among other third interfere with parent-child relationship between the
parties in child custody disputes and have standing to grandchildren and their father and his new wife, who had
petition for physical and legal custody from natural parent, adopted them, where the grandchildren had resided with
provided that grandparent has assumed a parental role with maternal grandparents for three years before their mother's
respect to child for twelve months, or has assumed death. Suroviec v. Mitchell, 500 A.2d 894, 347 Pa. Super.
responsibility for child found to be dependent, or has 399, Super. 1985.
deemed it necessary to assume responsibility for a child at
risk due to parental abuse. Martinez v. Baxter, 725 A.2d The Superior Court found no fault with conditioning
775, Super. 1999, reargument denied, parent's custody of child upon allowing grandparents to
visit with child. Ferencak v. Moore, 445 A.2d 1282, 300
Having been granted joint legal custody and partial Pa. Super. 28, Super. 1982.
physical custody of children, paternal grandparents had
standing to seek primary physical custody. Campbell v. A grandparent is not entitled to be granted visitation rights
Campbell, 672 A.2d 835, 448 Pa. Super. 640, Super. 1996. to grandchildren under the Custody and Grandparent's
Visitation Act, 23 Pa.C.S.A. § 5311, et seq., where the
Grandmother had standing to pursue custody action parents are not deceased, separated or divorced and the
against mother, where grandmother had been granted children never resided with the grandparent. Dietrich v.
custody by court order when mother was committed Dietrich, 17 Pa. D. & C.4th 270 (1992).
involuntarily to psychiatric hospital and identity of father
was unknown. Walkenstein v. Walkenstein, 663 A.2d 178, 2. Best interests of child
443 Pa. Super. 683, Super. 1995. In grandparent visitation case, grandparent has burden to
Appropriate standard for adjudication of custody dispute prove that visitation is in best interest of child. Norris v.
between mother and grandmother required grandmother to Tearney, 619 A.2d 339, 422 Pa. Super. 246, Super. 1993.
carry her burden of proof by clear and convincing
evidence. Walkenstein v. Walkenstein, 663 A.2d 178, 443 Paramount concern of court deciding custody or visitation
matter is best interest of child. Norris v. Tearney, 619
Pa. Super. 683, Super. 1995. A.2d 339, 422 Pa. Super. 246, Super. 1993.
Statute providing grandparents' right to petition court for
partial custody or visitation with minor child on ground Finding that it was in best interest of child to permit
that minor child has resided with grandparents for a period parents of noncustodial parent visitation rights was
of 12 months or more did not apply to confer upon supported by sufficient evidence, though grandparents had
grandparents right of action for custody of child in failed to contact child for four years, and though later
preference to parents; statute intended to protect court-ordered visitations resulted in accusations and
grandparents against estrangement that might occur after quarrels, where grandparents' four-year absence was based
one parent dies, or after parents separate or divorce and on their desire not to exacerbate problems between
custody of child is with one parent, or after child has lived custodial and noncustodial parent, and where custodial
with grandparents for significant period of time and is parent provoked quarrels at court-ordered visitations.
removed by parents. Gradwell v. Strausser, 610 A.2d 999, Bucci v. Bucci, 506 A.2d 438, 351 Pa. Super. 457,
416 Pa. Super. 118, Super. 1992. Super. 1986.
*27164 Paternal grandfather did not stand in "loco *27165 Grandparents seeking visitation under 23 P.S. §
parentis" with respect to 15-year-old granddaughter so as 1014 (repealed; see, now, this section) must convince the
to entitle him to maintain action for custody of child, even court that the child's best interest would be served by an
though paternal grandfather had resided with 15-year-old award of visitation. Pluebell v. Greenaway, 28 Pa. D. &
and her parents for almost two years, and thereafter, child C.3d 466 (1984).
resided with grandfather for period of three months.
Gradwell v. Strausser, 610 A.2d 999, 416 Pa. Super. 118, 23 P.S. § 1014 (repealed; see, now, this section) did not
provide the exclusive standards for grandparents visiting
Super. 1992. with minor children, but such petitions were determined
Fact that child had lived with his grandparents for six and with regard to the best interests of the child. Lindley v.
one-half of his eight years was relevant to changed Kowalske, 26 Pa. D. & C.3d 636 (1983) overruled in part.
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
Page 3
PA ST 23 Pa.C.S.A. § 5313, When grandparents may petition
Pluebell v. Greenaway, 28 Pa. D. & C.3d 466 (1984). to assume responsibility for child who was substantially at
risk due to parental abuse for purposes of grandparent
visitation and custody statute; parental rights of child's
3. Order mother had not been terminated or relinquished, and it was
Trial court's decision to grant custody to grandmother possible that she might seek reunification with child.
instead of mother in spite of potential of grandmother's Martinez v. Baxter, 725 A.2d 775, Super. 1999, reargument
attitude to undermine child's relationship with mother was denied.
supported by evidence of child's special needs and mother's
outbursts of rage. Walkenstein v. Walkenstein, 663 A.2d *27166 6. Third party custody
178, 443 Pa. Super. 683, Super. 1995. Grandparent visitation and custody statute allows
Trial court's order, allowing grandparents to visit child grandparent to seek custody over the status of third parties
four Sundays every year and to remove child from who have no familial relationship with child, and statute
custodial parent's home, was order of visitation and not of does not deprive grandparent of this privileged status
partial custody, where custodial parent had option of merely because Children and Youth Services (CYS) has
accompanying child when grandparents removed child, stepped in before the grandparent has had an opportunity to
Bucci v. Bucci, 506 A.2d 438, 351 Pa. Super. 457, assert her interest in raising her grandchild. Martinez v.
Baxter, 725 A.2d 775, Super. 1999, reargument denied.
Super. 1986.
7. Timing
4. Visitation
Trial court could consider sua sponte question of whether Grandmother had standing to seek custody of grandchild,
grandmother had standing to petition for grandparent who suffered injuries while in his parents' care as result of
visitation rights under statute creating cause of action for shaken baby syndrome, who was declared dependent child,
grandparent visitation and designating who may bring suit and who was placed in legal custody of Children and
under its provisions. Grom v. Burgoon, 672 A.2d 823,448 Youth Services (CYS); fact that grandchild had been
Pa. Super. 616, Super. 1996. declared dependent and that CYS had stepped in before
grandmother had had opportunity to assert her interest did
Grandmother did not lose standing to petition for not deprive her of standing. Martinezv. Baxter, 725 A.2d
visitation under Custody and Grandparents Visitation Act 775 Super. 1999, reargument denied.
three years after mother removed child from grandmother's '
home, where they had resided for 20 continuous months; 8. Standing
statute did not set forth time limit within which eligible
grandparent must petition for visitation or else forfeit Grandparents of grandchild, determined to be dependant
standing. Grom v. Burgoon, 672 A.2d 823, 448 Pa. Super. under state statute, did not have standing to seek custody or
616, Super. 1996. visitation under Pennsylvania Grandparents' Visitation Act;
grandparents had not fried petition required by Act or
5. Dependent children assumed responsibility for granddaughter during eight
Fact that child had been declared dependent did not negate months period she lived with them. Gordon v. Lowell,
E.D.Pa.2000, 95 F.Supp.2d 264.
the fact that his paternal grandmother deemed it necessary
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
!
MICHAEL ALAN WHITE and DESIREE ' IN THE COURT OF COMMON PLEAS OF
NICOLE WHITE, Husband and Wife, ' CUMBERLAND COUNTY, PENNSYLVANIA
·
· NO.OI - ~J~'~ CIVIL TERM
Plaintiffs
· CIVIL ACTION - LAW
·
V. ·
RICHARD WHITE, SR. and LEONE WHITE, ' IN CUSTODY
·
Husband and Wife
Defendants
You, RICHARD WHITE, SR. and LEONE WHITE, Defendants, have been sued in court to obtain
custody of a minor child, HEAVEN LEIGH WHITE.
on
You are ordered to appear in person at ------~'
2001, at
c~ a conciliation or mediation conference.
~ a pretrial conference.
o a hearing before the court.
If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be
entered against you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilities Act of 1990. 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. ~ FOP, THE COURT,
By:. ~
J.
Johnson, Duffle, Stewart & Weidner
By: Mark C. Duffle
I.D. No. 75906 Attorneys for Plaintiffs
I301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
MICHAEL ALAN WHITE and DESIREE · IN THE COURT OF COMMON PLEAS OF
NICOLE WHITE, Husband and Wife · CUMBERLAND COUNTY, PENNSYLVANIA
·
Plaintiffs · NO. 2001- ,t / I'.2- CIVIL TERM
·
v. ' CIVIL ACTION - LAW
·
RIGHARD WHITl=, SR. and lEONE WHITl=, · IN GUSTODY
Husband and Wife ·
Defendants ·
COMPLAINT FOR CUSTOO Y
MICHAEL ALAN WHITE and DESIREE NICOLE WHITE, Husband and Wife, Plaintiffs in the above
captioned action, by and through their attorneys, Johnson, Duffle, Stewart & Weidner, hereby files this
Complaint for Custody and avers in support thereof as follows:
1. The Plaintiffs are Michael Alan White and Desiree Nicole White, hereinafter referred to as
"PARENTS" or "Plaintiffs", are currently residing at 315 Market Street, Apartment 2, Lemoyne, Cumberland
County, Pennsylvania.
2. The Defendants are RICHARD WHITE, SR. and LEONE WHITE, Husband and Wife,
hereinafter referred to as "GRANDPARENTS" or "Defendants", who am currently residing at R.D 3, Box 30,
New Florence, Westmoreland County, Pennsylvania.
3. PARENTS seek full custody of the following child: HEAVEN LEIGH WHITE, age six (6)
months, whose date of birth is October 5, 2000.
4. The child was not born out of wedlock.
, 5. The child is presently in the custody of GRANDPARENTS, who reside at R. D. 3, Box 30,
New Florence, Westmoreland County, Pennsylvania.
6. Since the child's birth, she has resided with the GRANDPARENTS at R. D 3, Box 30, New
Florence, Westmoreland County Pennsylvania.
7. The MOTHER of the child is Plaintiff, Desiree Nicole White. She currently resides at 315
Market Street, Apartment #2, Lemoyne, Cumberland County, Pennsylvania. She is married.
8. The FATHER of the child is Michael Alan White. He currently resides at 315 Market Street,
Apartment #2, Lemoyne, Cumberland County, Pennsylvania. He is married.
9. The relationship of Plaintiffs to the child is that of natural parents. The Plaintiffs currently
reside with Plaintiff, Desiroe Nicole White's son, Trey Justice White.
10. The relationship of Defendants to the child is that of GRANDPARENTS. The Defendant's
currently reside with Defendant, Leone White's son, Robert.
11. Plaintiffs have not participated as parties or witnesses, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
12. The best interest and permanent welfare of the child will be served by granting the relief
requested because:
A. The Plaintiffs are the natural parents of the child and have the desire and flexibility to
care for the child.
B. The parents are capable of providing a stable and loving home environment for the
child.
C. The parents are capable of providing the necessary medical care and attention that
the child requires.
D. The parents transferred custody of the child shortly after the child's birth to the
Grandparents because they were unable to provide for the child at that time.
E. The transfer of custody was made with the understanding that the child would be
returned once the parents are able to financially support the child.
F. The Grandparents have repeatedly frustrated the relationship between the parents
and the child by allowing no contact evidencing their lack of concern for the child's welfare.
G. The Grandparents cannot provide a suitable environment and suitable care for the
child now or in the future.
H. Parents' work schedules will permit the child to be cared for constantly.
I. The parents wish to develop a close, loving and nurturing relationship with the child
they bore.
13. Each parent whose parental rights to the child have not been terminated and the persons
who has physical custody of the child have been named as parties to this action.
14. Plaintiffs have no information of a custody proceeding concerning the child pending in a court
of this Commonwealth or any other state.
15. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of
the child or who claims to have custody or visitation rights with respect to the child.
WHEREFORE, Plaintiffs request that the Court grant full physical and legal custody of the minor
child, Heaven Leigh White, to the Plaintiffs.
Respectfully submitted,
JOHNSON, DUFFLE, WEIDNER
By: ~
/ Mark C. Dui
-144796
VERIFICATION
Alan White and Desiree Nicljole White, verify that the statements made in the foregoing
We,
Michael
Complaint for Custody are true and correct to the best of our knowledge, information and belief. We
understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
2' ~ - Michael Alan White
-D-~iree Nic~ioie White
Dated' /7~"'-~'" ~/~
MICHAEL ALAN WHITE & DESIREE NICOLE · IN THE COURT OF COMMON PLEAS OF
WHITE CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF :
V. :
RICHARD WHITE, SR. & AND LEONE WHITE : 01-2182 CIVIL ACTION LAW
DEFENDANT :
: IN CUSTODY
ORDER OF COURT
AND NOW, Friday,_~_Apri120, 2001 _, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
Wednesday, May~16, 2001 at 1:30 p.m.
at 4th Floor, Cumberland Coun~ Courthouse, Carlisle on
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: ~ey, Esq'~-~ Custody Conciliator
of Cumberland County is required by law to comply with the
ourt of Common Pleas nd reasonable
The C . .. ' ormation about accessible facilities a
. ' s with D~sabfl~tes Act of 1990. For mfi . . ~ . - '-~fore the court, please contact our office.
American_ ',-~-~ ,-- ~;oabled individuals having ous~ness uc. . . ,--~,~-~ ,*.~ court You must
accommodations avm_~au~ ~, ,~o hours rior to any hearing or ousmess oetu~ ~,,.~ ·
All arrangements must b~ made at least 72 P
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
~nson, Duffle, Stewart & Weidner
By: Mark C. Duffle Attorneys for Plaintiffs
I.D. 'o. 75906
30 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
· IN THE COURT OF COMMON PLEAS OF
MICHAEL ALAN WHITE and . CUMBERLAND COUNTY, PENNSYLVANIA
DESIREE NICHOLE WHITE,
Husband and Wife, i NO. 01-2182
Plaintiffs ' IN CUSTODY
·
·
V, ·
RICHARD WHITE, SR. and LEONE WHITE '
Husband and Wife,
Defendants
I hereby certify that on the 23~ day of April, 2001, I served a true and correct copy of the Complaint
for Custody upon the Defendants, RICHARD WHITE, SR, AND LEONE WHITE, Husband and Wife, by
certified mail, restricted delivery to their address, R.D. 3, Box 30, New Florence, PA 15944, attached hereto
and made a part hereof.
Respectfully submitted,
JOHNSON, DUFFLE, STEWART & WElD ,R
.
,.
lark C. Duffle
Attorney I.D. No.
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-01~9
(717) 761-4540
Attorneys for Plaintiffs
DATED: ~ _, 2001
'146135
· SENDER: '
~ I also wish to receive the follow-
m 13 Complete items I and/or 2 for additional services, ing services (for an extra fee):
· Complete items 3, 4a, and 4b.
· -- [] Print your name and address on the reverse of this form So that we can return this
~ card to you.
· 1. I--I Addressee's Address
· [] Attach this form to the front of the mailpiece, or on the back if space does not
· Pe~l~, 2.[~estricted Delivery
.c~ [] Write 'Return Receipt Requested' on the mailpiece below the article number.
c [] The Return Receipt will show to whom the article was delivered and the date
0 delivered.
· O 3. Article Addressed to: 4a. Article Number
e°E ~.,.~....~ ~ 1:7, ,v' .~~ 4b. Service Type ~,-"
I~ ~,,~O e-- I-I Registered [~Certified
,,,u~ ~."~ ~~.~~ / I-I Express Mail l-Ilnsured
c] Merchandise I-i COD
I- .- 8. Addr~)~llee's
., fee i._~_ '_ )
n.
· - ' p.~t~I
= 6. Signatur~ (Addressee or Agent) --,,
o
· ' 2¢1
PS Fo~m 3811, December 1994 Domestic Return Receipt
· SENDER:
--~ I also wish to receive the follow-
el 13 Complete items I and/or 2 for additional services. ,~n"' services t,u""r an extra ~ )'ee':
· Complete items 3, 4a, and 4b.
..- [] Pdnt your name and address on the reverse of this form so that we can retum this
~ car~ to you. 1. F1 Addressee's Address o
._~ 0 Attach this form to the front of the mailpiece, or on the back if space does not '-
· permit. 2. [~ll,'R~tricted Delivery
.c:~ [] Wdte 'Return Receipt Requested' on the mailpiece below the article number.
c: [] The Return Receipt will show to whom the article was delivered and the date
0 lelivered. ;
· o~3., rticle Addressed. to: 14a. Article Number .
· "'~" ' a:
oE .. J4b. Service Type ,.,
u ~-~) c.~ /-~0~ <~'-~ Ir-IRegistered B~rtified
m /V~-*~ ! I-! Express Mail Insured c
~ . I-'1 Retum R~ ID
< 7. Date of
z
:3 5. Received By: (Print N~/e)~
~ 8. Address~ s Addres~,l~y if
o
PS Form 3811, December 1994 102595-99-B-0223 Domestic Retur[ Receipt
MICHAEL ALAN WHITE AND DESlREE NICOLE : IN THE COURT OF COMMON PLEAS OF
WHITE
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
RICHARD WHITE, SR. AND LEONE WHITE
: 01-~18~ CIVIL ACTION LAW
DEFENDANT
: IN CUSTODY
,
..
..
· .. ,
-. ' . ORDER OF COURT
· ... Wednesday, July. 18, 2001 , upon consideration of the attached Complaint,
AND NOW' ,
it is hereby directed that parties and their respective counsel appear before J_acqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 22, 2001 at 1:30 p.m.
for a Pre-Heating 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/ JacquelineM. Verney, Esq.~9
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 heating.
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
MI.CHAEL ALAN WHITE and · IN THE COURT OF COMMON PLEAS OF
DESIREE NICOLE WHITE, · CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs/Respondents '
· CIVIL ACTION- LAW
VS.
· 01-2182 CIVIL
RICHARD WHITE, SR. and '
LEONE WHITE, '
Defendants/Petitioners · IN CUSTODY
IN RE: DEFENDANTS' PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this ~' day of June, 2001, in consideration of the within motion and
following telephone conference with counsel, our order of May 22, 2001, is suspended pending
further order. This order is entered with the understanding that the defendants shall permit
supervised visitation between the child and the plaintiffs between now and the time of the
conciliation conference.
BY THE COURT,
· Hess, J.
Mark C. Duffle, Esquire
For the Plaintiffs/Respondents
Harold S. Irwin, III, Esquire
For the Defendants/Petitioners
:rlm
dC" COPY TO: -,.TRUE cOPY FROM
LIENT i'i CLAIMS In Testimony'whereof, I here unto set [..ny hand
and t~ seal of said/Court at Carlisle, Pa.
E! W/ENOL ' FI WO/ENCL ,! '. ~~~p~, .~0'
SENT:.~.~/~'~Y}_~ - Thi ............. y f. ~.~ ........
HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR DEFENDANTS
MICHAEL ALAN WHITE and : IN THE COURT OF COMMON PLEAS OF
DESIREE NICOLE WHITE, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs :
v. : CIVIL ACTION - LAW
:
RICHARD WHITE, SR. and : NO. 2001 - 2182 CIVIL TERM
LEONE WHITE, :
Defendants : IN CUSTODY
PRE-TRIAL MEMORANn~_,M n_F
· DEFENDANTS LEON~ WHIT~
AND RICHARD WHIT~ SR.
I. HISTORY OF CASE'
Heaven Leigh White was born October 5, 2000. At the time of her birth, her
parents, the plaintiffs, indicated to the child's paternal grandparents, the defendants,
that they wished to relinquish their parental rights to the child. The plaintiffs stated at
that time that they did not have the ability to care for the child. The defendants
volunteered to take the child into their home, located' in Westmoreland County,
Pennsylvania, and to care for and raise the child. The plaintiffs relinquished their
parental rights by a written agreement signed by both the plaintiffs and the defendants
on October 7, 2000. Since October 7, 2000, the child has lived with and been cared for
by the defendants in their Westmoreland County home.
During the time she was pregnant with the child, Plaintiff Desiree Nicole White,
was heard on several occasions making statements that she was going to attempt to
cause a stillbirth by consuming alcohol and smoking cigarettes. From birth, the child
has suffered from severe physical medical conditions that require constant supervision
and attention from the defendants and her medical providers. Heaven Leigh White was
born prematurely with various chromosomal abnormalities and other birth defects that
require close supervision and monitoring and special medical care as evidenced by the
various partial medical reports. Some of the masons that the child's physicians have
advanced for the child's condition relate' to the abuse of alcohol and cigarettes by the
respondents during the mother's pregnancy. The defondants have averrod and still
believe that the respondents continue to engage in activities which would be extremely
harmful for the health of the child given the child's special medical problems.
The defendants have been the only caregivers for the child since her birth, have
a good working relationship with the child's physicians and am willing to continue to
provide the love and attention that this special needs child requires. The plaintiffs
made only one visit to Westmoreland County to see the child which occurred in July of
2001. Since the temporary visitation order was entered on the recommendation of the
custody conciliator, the defondants have roceived only one telephone call from plaintiffs.
Furthermore, since the conciliation, plaintiffs have not come to defendants' home, as
they indicated they would, for visitation with the child.
On or about April 12, 2001, the plaintiffs commenced this action for custody of
the child in Court of Common Pleas of Cumberland County. This Court scheduled a
custody conciliation conference for May 16, 2001 before Jacqueline Verney, Esquire.
Due to a miscommunication between defendants' Westmoreland counsel and local
counsel regarding the filing of a petition for change of venue to Westmoreland County,
the defendants failed to appear at the May 16, 2001 conciliation conference. This
Court, on May 22, 2001 entered an Order at the plaintiffs' request that awarded
immediate custody of the child to the plaintiffs. Subsequently this Court, on June 8,
2001, upon consideration of defendants' motion for special relief, filed June 4, 2001,
suspended its Order of May 22, and ordered the parties to appear at a conciliation
conference.
On or about July 30, 2001, defendants filed a petition for a change of venue to
Westmoroland County citing the fact that the child had rosided in that county since she
was two days old, that tho custodial gmndparonts continued to msido in that county,
and because the majority of the evidence as to the future medical needs of the child
existed in Westmoroland County. Nevertheless, the Honorable J. Wesley Oler, Jr.
denied the defendants' petition in his Order of August 16, 2001.
The parties appeared before Jacqueline Verney, Esquire for a custody
conciliation conforonce on August 29, 2001, at which time a temporary visitation
arrangement was agreed to, pending the outcome of the current proceeding. During
that proceeding, the defondants learned that during the month of May, 2001, the
plaintiffs moved to a residence located in York County. However, this Court retained
jurisdiction of the matter pursuant to its Order of August 16, 2001.
Defendants' position at this time is that this Honorable Court should grant sole
physical custody to the Defondants and that they romain sole custodians of the child
until such time as the Plaintiffs can demonstrate that they have the desire and ability to
cam for the medical, physical and emotional needs of the child. Furthermore,
Defendants have serious concerns regarding the behavior of the plaintiffs having an
adverse effect on the well being of the child if custody was granted to the plaintiffs and
as such would not be in the best interests of the child. The defendants are certainly
willing to have plaintiffs continue to have supervised visitation of the child in the
dof~ndants' homo in Wostmoroland County.
II. WITNESSES:
PLAINTIFF LEONE WHITE
Will testify as to details involving the communications that took place immediately
following the birth of the child, details involving the daily care and life activities of child,
and details involving on-going communications with plaintiffs.
PLAINTIFF RICHARD WHITE, SR.
Will testify as to details involving the communications that took place immediately
following the birth of the child, details involving the daily care and life activities of child,
and details involving on-going communications with plaintiffs.
RONALD WHITE
Will testify about his brother, plaintiff Michael A. White, and his temper, why he loses his
jobs and related matters.
STACY WHITE
Is the sister-in-law of the plaintiffs and can testify about both plaintiffs' drinking habits,
about the statements plaintiff Desiree N. White made about wanting the child dead, and
how she has been asked by the plaintiffs to take the child if plaintiffs are awarded
custody. Is also able to testify as to the living conditions in the plaintiffs' home.
BILL TIGNANELLI
Is son of defendant Leone White and will testify as to the parenting abilities and
character of the defendants. Was also present when plaintiffs visited defendants in
August 2000, and was told by plaintiffs that the plaintiffs intended to put their then
unborn child up for adoption after she was born.
DAVID HEMING
DEACON, FIRST BAPTIST CHURCH OF SEWARD
Will testify about the character of the defendants.
ROBERT E. BROWNING
TREASURER, FIRST BAPTIST CHURCH OF SEWARD
Will testify about the character of the defendants.
He knows defendants well and has known the child from the time she was 3 days old.
REVEREND RONALD FISH
FIRST BAPTIST CHURCH OF SEWARD
Was present when Plaintiffs Michael & Desiree White came to Westmoreland County to
visit with the defendants and the child, in July, 2001.
JANET BANKS
NURSE - HARRISBURG HOSPITAL
Can testify as to the circumstances surrounding the turn over of custody and condition
of child at time of birth.
III. MEDICAL WITNESSES:
PEDIATRICIAN
Will testify, by phone, as to the condition and progress of the child. Has been the
primary care physician since defendants have had the child in Westmoreland County.
Has information pertinent to the child's treatment and development.
DR. ELIZABETH MCPHERSON M.D.
PEDIATRIC GENETiCIST/DYSMORPHOLOGIST
Will testify, by phone, as to the specific conditions that the child has suffered from and
will continue to suffer from 'as she grows. Has examined the child and provided detailed
medical reports, offered previously as an exhibit to defendants' motion for special relief.
MELISSA HACKMAN
OCCUPATIONAL THERAPIST
ANN MINNIG__H
§PECIAL INSTRUCTOR
KIERSTEN SHEVCHIK
PHYSICAL THEP~PIST
DR. ALBERT W. BIGLAN M.D.
EYE DOCTOR
DR. ARJMONP
OTOLARYNGOLOGY
IV. OTHER WITNESSES:
Defendants reserve the right to amend and supplement their list of witnesses as
necessary prior to hearing.
Attorney for D~,fenclant~
35 East High Street
Suite 2011202
Carlisle, PA 17013
(717) 243-6090
MICHAEL ALAN WHITE and : IN THE COURT OF COMMON PLEAS OF
DESIREE NICOLE WHITE, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs ·
·
V. '
·
RICHARD WHITE, SR. and :
LEONE WHITE, :
Defendants : 01-2182 CIVIL TERM
IN RE- CUSTODY
ORDER OF COURT
AND NOW, this 28th day of November, 2001, this matter
havin~ been called for hearing, and the Plaintiffs havin~ failed
to appear, by a~reement of counsel the order of September 6th,
2001, is modified to provide that-
1. The Defendants, the child's paternal
~randparents, shall have the authority to make both emergency and
non-emergency medical decisions re~ardin~ the child, which shall
include the right to ~ive permission for any and all treatment.
The provision of our order of September 6th, 2000, requirin~ that
major non-emergency decisions be made jointly is deleted.
2. The Plaintiffs shall be~in the process of
acquaintin~ themselves with the child and with all of the child's
medical needs. When the plaintiffs believe that they have
completed this process, they may thereafter petition for further
conciliation and/or hearing.
By the Court,
For the Plaintiffs
Harold S. Irwin, Esquire~
For the Defendant
it