HomeMy WebLinkAbout02-0230
V.
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O;;t-GlJO C~u~l ~~
CIVIL ACTION - LAW
IN CUSTODY
DWANE S. WILKINSON
Plaintiff
HEATHER L. WILKINSON
Defendant
PETITION TO MODIFY CUSTODY
AND NOW, comes the Plaintiff, Dwane S. Wilkinson, by and through his
attomey, Charles Rector, Esquire, and files a Petition to Modify Custody, and in support
thereof, avers the following:
1, Plaintiff is Dwane S. Wilkinson, father, who currently resides at 5-A Old
South Court, Bluffton, South Carolina.
2. Defendant is Heather L. Wilkinson, mother, who currently resides at 36
W. Coover Street, Mechanicsburg, Cumberland County, Pennsylvania.
3. The parties hereto are the parents of the minor children: Chelsea
Wilkinson (DOB 6/10/91) and Joshua Wilkinson (DOB 8/15/93) who currently reside at
36 W. Coover Street, Mechanicsburg, Pennsylvania.
4. A Property Settlement and Separation Agreement was entered into by
the parties which provided inter alia, that "Wife shall have primary physical custody of
the children subject to Husband's partial physical custody at times to be agreed upon by
the parties. (Agreement at Paragraph 8)(See attached Exhibit "A").
5. The Defendant will not agree to times requested by Plaintiff. Plaintiff has
attempted to secure Defendant's permission, with prior notification, to have the children
for the Christmas holiday in South Carolina, however, she has refused all such requests
(See attached Exhibit "B").
6. Plaintiff requires a fixed schedule of temporary physical custody so that
he may enjoy time with the children at his home in South Carolina.
7, Plaintiff believes that additional written agreement(s) may exist regarding
custody, none of which has been filed with the Court and none of which is currently in
his possession.
8. The best interests and permanent welfare of the minor children will be
made by ordering a fixed custody schedule granting Plaintiff periods of temporary
physical custody.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant an
Order granting him periods of temporary physical custody of the minor children in South
Carolina.
RESPECTFULLY SUBMITTED.
Date:~
Drwt1~~w,dl
Charles Rector, Esquire
1104 Femwood Avenue, Ste, 203
Camp Hill, PA 17011-6912
(717) 761-8101
I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904,
relating to unswom falsification to authorities.
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Dwane Wilkinson
Date: !- 7~O(
CERTIFICATE OF SERVICE
I, Charles Rector, Esquire, do hereby certify that on the
J? day of
January, 2002, I caused a true and correct copy of the within Petition to Modify Custody
to be served upon the following counsel of record by depositing same in first class,
United States mail, postage paid, in Camp Hill, Pennsylvania;
Johnna J. Kopecky, Esquire
Saidis, Shuff, Flower & Lindsay
26 W High Street
Carlisle, PA 17013
Date;~
BY;~~
Charles Rector, Esquire
1104 Femwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Exhibit A
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SAIDIS. I
SHUFF &. ;
MASLAND I
o\'l"mlll'!!eATtl.AlV I
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l6 W, Hip Stnel
Cirllllt. PA.
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PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
"-
THT' AGREEMENT made this ~ day of ~c;r--
2000 between Heather L. Wilkinson, of Mechan~csburq, Cumberland
County, Pennsylvania, hereinafter referred to as Wife,
A
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Dwane S. Wilkinson, of Mechanicsburg, Cumberland County,
Pennsylvania, hereinafter referred to as Husband.
WITNESSETH:
n.,
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WHEREAS, in consequence of disputes and unhappy
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differences, the parties have been living separate and apart(
from each other; and
WHEREAS, the parties desire to confirm their separation and
make arrangements therewith, including custody of their minor
children, Chelsea Wilkinson (008 6/10/91) and Joshua Wilkinson
(DOS 8/15/93, the division of their marital property and other
rights and obligations growing out of their marriage.
NOW THEREFORE, in consideration of the covenants and
promises hereinafter to be mutually kept and performed by each
party, as well as for other good and valuable consideration and
intending to be legaliy bound it is agreed as follows:
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SAIDIS,
SHUFF &
MASLAND
AT'ftIINIYSotA1.u.W
l6 W. HlsJt s.....
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(1) It shall be lawful for each party at all times
hereafter to live separate and apart from the other party at
such place or places as he or she from time to time may choose
or deem fit.
(2) Except as herein otherwise provided, each party hereby
! releases the other from any and all claims, or demands up to the
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(3) The parties are the owners of certain real estate with
improvements thereon erected known as 36 West Coover Street,
Mechanicsburg, Cumberland County, Pennsylvania.
The parties agree that Wife shall enjoy exclusive
possession of said premises until the youngest of the parties'
children graduates from high school or until Wife remarries or
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cohabitates with a member of the opposite sex, whichever shall
come first.
Husband and
Wife shall share the responsibility
for the mortgage payment to Huntington Mortgage Company, or its
s~ccessors or assigns, with Wife paying 40% of the mortgage
payment and husbar-d paying 60%.
Wife shall pay the mortgage
ii compa:1Y directly the entire amount of the mortgage, ar.d Husband
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shall pay to Wife 60% of the liability on a monthly basis.
Upor- the happening of one of the contingencies as listed
above, Wife shall have the option to purchase Husband's 60% of
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SAInIS.
SHUFF &
MASLAND
ArmDI"IIIATaUW
Z6 W. Blah SlJtfI
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! the value of the marital home, or Husband shall purchase Wife's
40%. The parties may also agree that the property may be sold,
and the proceeds shall be shared 60% to Husband and 40% to Wife.
I. While Wife is residing in said premises, she shall assume
I full responsible for the utilities and other household expenses
I in connection with residing in the property. With regard to
these expenses, Wife agrees to hold Husband harmless and
, indemnify him from any loss thereon.
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(4)
:n the event that either party contracted or incurred
any debts since the date of separation on July 2, 1999, the
party who incurred said debt shall be responsible for the
payment thereof regardless of the name in which the account may
have been charged.
Husband and Wife acknowledge and agree that they have no
other outstanding joint debts and obligations of the Husband and
nife incurred prior to the signing of this ~greement, except as
follows:
A.
Wife agrees to aSS1~e the following debts:
The Sears card in her name, the
Sears
card in her
Husband's
and
The
name
Home
Depot
cha=ge
in
Husband's name;
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SAlOIS,
SHUFF &I
MASLAND
A~4'NAW
16 W. HiP StraI
CUllllt, PA
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B. Husband will assume the Visa account in his name
and will assume responsibility for tr,e Suburban
Cable bill which has become delinquent.
With regard to these bills, the parties respectively agree
to hold the other harmless and indemnify them from any loss
thereon.
Each party agrees to pay the outstanding joint debts as set
I forth herein and further agrees to indemnify and save harmless
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the other from any and all claims and demands ffiade against
either of them by reason of such debts or obligations.
(5)
Each party relinquishes any right, title and interest
he or she may have to any and all motor vehicles currently in
possession of the other party.
Each party shall execute any
documents necessary to have said vehicles properly registered in
the other party's n~~e with the Pennsylvania Depart~ent of
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I Transportation.
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I thereon.
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Each party shall assume full responsibility of
(6)
The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances, tools and other household personal
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SAlDlS.
SHUFF &I
MASLAND
A'T'I'OIIftYIIIA'NAW
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CuIltl..I'A
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property between them, "-and they mutually agree that each party
shall from and after the date hereof be the sole and separate
owner of all such property presently in his or her possession
whether said property was heretofore owned jointly or
individually by the parties hereto. This agreement shall have
the effect of an assignment Or bill of sale from each party to
the other for such property as may be in the individual
possession of each of the parties hereto. Attached hereto and
I made a part hereof is a list of property to go t~ Husband or
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Wife according to the schedule.
(7)
Each party hereby relinquishes any riqht, title or
interest he or she may have in or to any intangible personal
property currently titled in the name of or in the possession of
the other party, incLuding, but not limited to, stocks, bonds,
insurance, bank accounts and retirement accounts.
(8)
The parties agree that legal custody of their minor
children, Chelsea Wilkinson and Joshua Wilkinson, shall be
joint, witr. both parties having the right to make major
parenting decisions affecting the children's health, education
and welfare.
Wife shall have primary physical custody of the children
subject to Husband's p~rtial physical custody at times to be
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SAIDIS,
HUFF &
~ASLAND
't"J'ORNHweAT-lA W
6 W. High Street
Carlisle, P A
agreed upon by the parties. The parties agree that they shall
not take the children out of state without prior notification
and approval of the other party.
(9) Husband agrees to pay to Wife for the use, benefit,
support and maintenance of their minor children, the sum of Five
HUndred ($500.00) Dollars per month for the support of said
I children.
I equally any non-covered or extraordinary medical or dental
~ expenses for the minor children.
I The parties agree that in the event of a material change in
I circumstances of either party, or a change in the CustOdy
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I arrangements set forth herein, the amount of support payments
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I shall be Subject to an appropriate adjustment by agreement or,
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I if the parties are unable to agree, by order of a court of
I competent jurisdiction, and the amount ordered by any such COurt
r shall be deemed to be the amount due hereunder.
I (10j Except as otherwise provided herein, Husband shall not
I pay to Wife nor Wife to hUsband any sum whatsoever as alimony,
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I alimony pendente lite, or for his or her sUPport or maintenance.
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I (11) Each party is now represented by counsel of his and
I her own choice, and each shall pay his or her own attorney for
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The parties further agree that they shall share
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all legal services rendered or to be rendered on his or her
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(12) Neither party shall contract or incur any debt or
liability for which the other party or his or her p~operty or
estate might be responsible and shall indemnify and save the
other party harmless from any and all claims or demands made
against him or her by reason of debts or obligations incurred by
I the other party.
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(13) Each of the parties shall from time to. time, at the
request of the other, execute, aCknowledge and deliver to the
other party any and all further instruments that may be
reasonably required to give full force and effect to the
provision of this Agreement.
(14)
The
parties agree to j oin ~n
the filing of a 1999
joint federal, Pennsylvania and local income tax return.
rn the
i event that there is a refund, the parties agree that they will
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I use any refund to pay the unpaid debts as described in paragraph
I (4) herein.
I rn the event that a jOint return is filed, the Wife's
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I contribution for payrr\ent shall be a sum equal to the amount of
tax liability that she would have had to pay on her separate
SAIDIS,
SHUFF &
MASLAND
.4.1'f'rMM.Yt.AT.u.W
Z6 W, Hip Sir",
C..llol., PA
, return for that year had she filed a separate return. Husband
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SAIDIS.
SHUFF &
MAS LAND
ATrDl.WYIIATOW
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c..u.... PA
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I will pay the balance of tho tax deo on the return.
bear the expense of preparing all joint tax returns and of
Husbar.d ..,ill
computinq the estimated tax liability of Wife on the basis of
her having filed a separate return.
(15) The parties agree to share equally in any post
secondary education expenses of the children, including, but not
limited to, tuition, room and board, books and expenses.
(16) The parties do hereby warrant, represent, acknowledge
I and agree that each is fully and completely informed of, and is
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familiar with, the wealth, real and personal property, estate
and assets, earnings and income of the other and tha~ each has
made a full and complete disclosure to the other of his and her
entire assets and liabilities and any further enumeration or
statement thereof in this Agreement is specifically waived.
(17) Husband and Wife acknowledge that each of them has
read and understand his and her rights and responsibilities
under this Agreement and that they have executed this Agreement
under no compulsion to do so but as a VOluntary act.
(18) It is further specifically understood and agreed by
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I and between the parties hereto that each party accepts the
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satisfaction of any and all of said party's rights against the
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:1 costs, contributions, expenses or demands whatsoever in law or
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!I in equity;
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:! any property of the other, whether real, personal or mixed and
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ii whether now owned or hereafter acquired;
:! C. All rights of curtesy and dower and all :::laims or
!I rights in the nature of curtesy and dower;
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SAIDIS. :1
SHUFF & II
MASLAND j
A~~NAW (
16 W. Hip Slreel, 1./
Cvlls., PA
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~ o:her for past, present and future claims on account of support,
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maintenance, alimony, alimony pendente lite, counsel fees, costs
and expenses, equitable distribution of marital property and any
other claims of each party, including all claims which have been
raised or may be raised in an action for divorce.
(19) Except as may be otherwise speCifically provided in
this Agreement, Husband and Wife, for themselves, their heirs,
representatives and assigns, each hereby forever releases,
remises, discharges and quitclaims the other, and such other's
heirs, representatives, assigns and estate, from and with
respect to the following:
A.
All liability, claims, causes of action, damages,
a.
All rights, title, interest or claims in or to
D.
All widow or widower's rights;
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SAIDIS.
SHUFF &
MAS LAND
A~A.T.u.W
16 W. 11111I 51net
c.rU.lt, PA
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E. All rights, title and interest or claims in or to
the ocher's estate, whether now owned or hereafter acquired,
incLuding but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3)
to a family exemption or similar allowance;
and
(4)
all
other
rights
or
authority
I participate or intervene in a deceased spouse's estate in any
I way, whether arising under the laws of Pennsylvania or any oth.,
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I country, territory, state or political subdivision.
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I F. All rights or claims to any accounting;
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1 G. All rights, claims, demands, liabilities and
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I obligations arising out of or in connection with the marital
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I relationship or the Joint ownership of property, whether real,
personal or mixed;
H. All rights, claims, demands, liabilities and
obligations arising under the prOVisions of the PennSYlvania
Divorce Code. Act 26 of 1980, as the same may be amended from
I time to time, and under the prOVisions of any similar statute
1! enacted. by any other councry, state, territory or Political
, bd' . ,
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SAID IS, I
SHUFF &.
MASLAND I
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16111. HI&b SII'Iel
c.rlllle. PA
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I. All rights, claims, demands, liabilities and
obligations each party now has, or may hereafter have, against
or with respect to the other.
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~ Commonwealth of PennsYlvania.
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(20) This Agreement shall be construed under the law of the
rf any prevision of this
Agreement is determined to be invalid or unenforceable, all
other provisions shall continUe in full force and effect.
(21) In the event that either of the parties shall recover
a final judgment or decree of absolute divorce against the other
in a court of competent juriSdiction, the prOVisions of this
Agreement may 'be incorpOrated by reference or in substance but
shall not be merged into such jUdgment Or decree and this
Agreement shall survive any such final jUdgment or decree of
absolute divorce and shall be entirely independent thereof.
(22) In the svent that either party breaches any prOViSion
of this Agreement, and the other party retains Counsel to aSsist
in enforcing the terms thereof, the parties hereby agree that
the breaching party will pay all attorney'S fees, COurt costs
and expenses incurred by the other party in enforcing the
Agreement.
(23) This Agreement COnstitutes the entire understanding
between the parties and there are no cov~nants, Conditions,
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SAmrs. I
SHUFF &
MASLAND
At'!'DIINm.A1'eUW i
16 W. Hip SbIel I
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~ respective heirs, executors and assigns.
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representations, or agreements, oral or written, of any natu~e
whatsoever, other than those herein contained.
(24) This Agreement shall bind the parties hereto, their
IN WITNESS WHEREOF, the parties hereto intending to be
legally bound have hereunto set their hands and seals the day
and year first written above.
Witness
Witness
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HatIw:
L' . .
IVlne room;
rolltop desk
baskets/decorations
coffee table -/ .]i('':.~
horse
cast iron horses
cast iron bowl
various objects on mantIe from dad
cast iron stove
two lamps
bookshelf with books (minus Dwane's books)
wood shelfwith objects on it
angel on sewing machine
tins
rocking chair
plants
table with pictures on it - '_:: ;: ; J ...~
table with lamp on it _ ._O~'-'.' ; '" ~:;.,,:.::~ ,."".......
kids table &: chairs
cast iron irons
electric line toppers
radio
Dininf rno"t:
tea set in hutch
baskets
director chair
blue platters on buffet
ladder ~ith dried flowers
pictures on wall
t ,I I
Dwanc
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IV1nr rnnmi
furniture: couch &: chair
comer shelf
lamp on mantle
sewing machine
crocks
bottles
coffee table with radio on it
books from bookshelf
phone
picture of us &: your parents
D' .
,nrnf rQo'11.i.
table &: chairs
buffet
hutch
china
stool
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Exhibit B
FROM : Sf; ID IS, SHLf'F, FLOJER+L I NDSAY
FAX NO. F~~l~
Dec. 19 2801 03:00PM P1
.
JAMES f) Fl.OWER
JOHN F" SI.IKJo:
HO~eRT C, SAlOl!;
C':l\CWI1IlEY S, SHUFF
fAMES D, FLOWI!R. )1{.
CAIUJLf. UNDSA'i
IOHNNA]. KOl'RCf<Y
KARl. M. Ll!DT!.aoHM
JOSii'HL. HITCHINCS
THOMAS S. FLOWER
PORREST N, TI<OtJTMAN, II
LAW ()~~lt:l~
SAIDIS, SHUFF, FLOWER & LINDSAY
1\ /'ROI'F.5610NAL COJ.lI'O)l'V/'ION
25 WliSl'! 1((;11 l-ifREET
CARL1SLI:. I'liNNSYIV ANIAI7U13
TELEPllONF: (717) 243.6222. FACSIMILl\: (717) 24:i-6486
EMAI/..: ttt"rnatyW..n.law,com
www,Slf!-lIIw,l:llm
i'lEST.SHQ~E omC!'::
2109 MARKET STilE 11'1'
CAMP HILL. PAI7!)ll
TJ~IJiIJHONE: (717)7'37-3405
FACSIMILE: fJI7)737-34m
~y TO CARLlSL~
Deoember 19, 2001
VIA PACSIM!LE (76l-2161)
Charles Rector, Bsquire
1104 Fernwood Avenue
Suite 203
camp Hill, PA 17011-6912
ae: Wilkinson v. Wilkinson
J:lear Charles:
I have had the oPPOrtunity to review your client's
request for vis~tation ever Christmas down in South Carolina
and my client is not agreeable to this schedule.
Particularly, she does not want the children to be away, in
South Carolina, for the bulk of the Christmas holiday. At
least not for this year.
She is willing, however, to give him scme time to spend
with the ohildren over the Christmas holiday up here in
Pennsylvania. In the event that he wishes to come to
Pennsylvania to Visit with the ohildren, please advise the
dates that he will be in this area and I will forward them on
to my client.
S1nceraly,
SAIDIS, ~R
JO~ Kopeo","
& LINDSAY
.JJl<: tdm
C:: Heather Wilkinson
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DW ANE S. WILKINSON
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
02-230
CIVIL ACTION LAW
REA THER L. WILKINSON
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday. Jauuary 29, 2002
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq, , the conciliator,
at 39 West Main Street, Meehanicshurg, PA 17055 on Tuesday. February 19. 2002 at 1:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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 Abnse orders,
Special Relief orders, and Cnstody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Dawn S. Sunday. Esq.. 01'11'
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
LD. No. 75906
30 I Market Street
P. O. Box 109
Lernoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
DWANE S. WilKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-00230
v.
HEATHER L WilKINSON,
CIVil ACTION - LAW
Defendant
IN CUSTODY
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
AND NOW. this ,;z'f~ day of March 2002, enter the appearance of Mark C. Duffie, I.D. 75906 on behalf
of Defendant in the above-captioned suit.
Respectfully submitted,
JOHNSON, DUFFIE, STEW
ark C. Duffie
Attorney I.D. N 59
301 Market Street
P. O. Box 109
lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Defendant
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DW ANE S, WILKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
02-230
CIVIL ACTION LAW
HEATHER 1. WILKINSON,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this
Ib~ day of
~
, 2002,
upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father, Dwane S. Wilkinson, and the Mother, Heather 1. Wilkinson, shall have shared
legal custody of Chelsea Wilkinson, born June 10, 1991, and Joshua Wilkinson, born August 15, 1993,
Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion, Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information.
2, The Mother shall have primary physical custody ofthe Children.
3. The Father shall have partial physical custody ofthe Children as follows:
A. During the school year in 2002, from Wednesday, April 24 at 7:00 p.m. through
Tuesday, April 30 at 4:00 p.m,
B. During the summer school break in 2002, from Sunday, June 9 at I :00 p.m. through
Saturday June 22 at 4:00 p.m., and from Sunday, June 30 at 1:00 p.m, through Saturday,
August 3 at 4:00 p.m.
4. The parties shall share or alternate having custody of the Children on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall
run from the last day of school before the holiday break through Christmas Eve at 12:00
noon, Segment B, which shall run from Christmas Eve at 12:00 noon through Christmas
Day at 2:00 p.m., Segment C, which shall run from Christmas Day at 2:00 p.m. through
December 26 at 2:00 p.m., and Segment D, which shall run from December 26 at 2:00
p.m. through 4:00 p.m. on the day before school resumes. In every year, the Mother shall
have custody of the Children during Segment A and the Father shall have custody during
,
Segment D. In even numbered years, the Father shall have custody of the Children during
Segment B and the Mother shall have custody during Segment C. In odd numbered years,
the Mother shall have custody of the Children during Segment B and the Father shall have
custody during Segment C.
B. THANKSGIVING/EASTER: The Thanksgiving and Easter holidays shall run from
the Wednesday before the holiday at 4:00 p.m. through the Monday following the holiday
at 4:00 p.m. The Mother shall have custody of the Children during Thanksgiving and
Easter in even numbered years and the Father shall have custody in odd numbered years.
C. During years when the Mother has custody of the Children over the Thanksgiving
holiday, the Father shall have custody of the Children from the Wednesday before
Columbus Day at 4:00 p.m. through Columbus Day at 4:00 p.m.
D. During years when the Mother has custody of the Children over the Easter holiday, the
Father shall have a 7 day period of custody with the Children over their Spring break with
the dates to be arranged by agreement of the parties, The period of custody shall begin at
7:00 p.m. on the first day and end at 4:00 p.m, on the final day. In 2002, the Father shall
have custody from April 24 at 7:00 p.m. through April 30 at 4:00 p.m.
5. The parties shall cooperate in adjusting the specific times for exchanges of custody as
necessary to accommodate flight schedules when the Children are transported by airline.
6. The parties agree to cooperate in expanding the summer custody arrangements for the
Father beginning in 2003 based upon the Children's adjustment to the custody schedule for summer
2002. In the event the parties are unable to reach an agreement as to ongoing summer custody
arrangements or either party believes it is necessary to review the school year/holiday custody
arrangements, counsel for either party may contact the Conciliator to schedule an additional
Conciliation Conference in the Spring of2003.
7, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
J.
cc: Charles Rector, Esquire - Counsel for Father
Mark C, Duffie, Esquire - Counsel for Mother
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DW ANE S. WILKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
02-230
CIVIL ACTION LAW
HEATHER 1. WILKINSON,
Defendant
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
I. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Chelsea Wilkinson
Joshua Wilkinson
June 10, 1991
August 15, 1993
Mother
Mother
2. A Conciliation Conference was held on March 26, 2002, with the following individuals in
attendance: The Father, Dwane S. Wilkinson, with his counsel, Theresa Barrett Male, Esquire (on
behalf of Charles Rector, Esquire), and the Mother, Heather 1. Wilkinson, with her counsel, Mark C.
Duffie, Esquire,
3. The parties agreed to entry of an Order in the form as attached.
Date
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aJ~ka
Dawn S, Sunday, Esquire
Custody Conciliator
STONE, LAFAVER & SHEKLETSKI
A PROFESSIONAL CORPORATION
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ATTORNEYS AT LAW
414 BRIDGE STREET
NEW GUMBERLAND, PA 17070
CHERYL LEE REARDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
DAUPHIN COUNTY, PENNSYLVANIA
v.
NO.
2002-2230 CIVIL TERM
F: DWARD CHARLES REARDON,
Defendant
CIVIL ACTION - LAW
IN DIVORCF,
PRAECIPE
TO THE PROTHONOTARY:
Please correct the above caption to ,cad: CHERYL LEE REARDON,
PLAINTIFF v. EDWARD CHARLES REARDON, DEFENDANT, IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 2002-2230 CIVIL TERM.
///'-~':7
STONE LaFAVER & sH~~iETSiI
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DWANE S. WILKINSON,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-230 CIVIL TERM
HEATHER L. CLAWSER, formerly : CIVIL ACTION - LAW
HEATHER L. WILKINSON
Defendant : IN CUSTODY
PETITION TO MODIFY CU~TODY
& FOR CONFIRMATION OF CUSTODY AGREEMENT
.
AND NOW, comes the Petitioner, Dwane S. Wilkinson, by and through his
attorney Charles Rector, Esquire, and files the following in support of his Petition to
Modify Custody and for Confirmation of Custody Agreement:
1. Plaintiff is Father, Dwane S. Wilkinson, who currently resides at 64 Red
Cedar Street, Bluffion, South Carolina, 29910.
2. Defendant is Mother, Heather L. Clawser, formerly Heather L. Wilkinson,
who currently resides at 169 Cedar Lane, Carlisle, Cumberland County, Pennsylvania,
PA 17015.
3. The parties hereto are the parents of the minor children: Joshua Wilkinson
(DOB 8/15/93) and Chelsea Wilkinson (DOB 6110/91).
4. The parties hereto previously reached agreement regarding custody at a
Custody Conciliation on March 26, 2002, which agreement was entered as an Order of
Court on April 10, 2002. See Exhibit "A" attached.
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DW ANE S. WILKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
02-230
CIVIL ACTION LAW
HEATHER L. WILKINSON,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this
/bw.. day of ~
, 2002,
upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father, Dwane S. Wilkinson, and the Mother, Heather L. Wilkinson, shall have shared
legal custody of Chelsea Wilkinson, born June 10, 1991, and Joshua Wilkinson, born August 15, 1993.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information.
2. The Mother shall have primary physical custody of the Children.
3. The Father shall have partial physical custody of the Children as follows:
A. During the school year in 2002, from Wednesday, April 24 at 7:00 p.m. through
Tuesday, April 30 at 4:00 p.m.
B. During the summer school break in 2002, from Sunday, June 9 at 1 :00 p.m. through
Saturday June 22 at 4:00 p.m., and from Sunday, June 30 at 1 :00 p.m. through Saturday,
August 3 at 4:00 p.m.
4. The parties shall share or alternate having custody of the Children on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall
run from the last day of school before the holiday break through Christmas Eve at 12:00
noon, Segment B, which shall run from Christmas Eve at 12:00 noon through Christmas
Day at 2:00 p.m., Segment C, which shall run from Christmas Day at 2:00 p.m. through
December 26 at 2:00 p.m., and Segment D, which shall run from December 26 at 2:00
p.m. through 4:00 p.m. on the day before school resumes. In every year, the Mother shall
. have custody of the Children during Segment A and the Father shall . . .
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Segment D. In even numbered years, the Father shall have custody of the Children during
Segment B and the Mother shall have custody during Segment C. In odd numbered years,
the Mother shall have custody of the Children during Segment B and the Father shall have
custody during Segment C.
B. THANKSGIVING/EASTER: The Thanksgiving and Easter holidays shall run from
the Wednesday before the holiday at 4:00 p.m. through the Monday following'the holiday
at 4:00 p.m. The Mother shall have custody of the Children during Thanksgiving and
Easter in even numbered years and the Father shall have custody in odd numbered years.
C. During years when the Mother has custody of the Children over the Thanksgiving
holiday, the Father shall have custody of the Children from the Wednesday before
Columbus Day at 4:00 p.m. through Columbus Day at 4:00 p.m.
D. During years when the Mother has custody of the Children over the Easter holiday, the
Father shall have a 7 day period of custody with the Children over their Spring break with
the dates to be arranged by agreement of the parties. The period of custody shall begin at
7:00 p.m. on the first day and end at 4:00 p.m. on the final day. In 2002, the Father shall
t have custody from April 24 at 7:00 p.m. through April 30 at 4:00 p.m.
6;//-s. The parties shall cooperate in adjusting the specific times for exchanges of custody as
necessary to accommodate flight schedules when the Children are transported by airline.
6. The parties agree to cooperate in expanding the summer custody arrangements for the
Father beginning in 2003 based upon the Children's adjustment to the custody schedule for summer
2002. In the event the parties are unable to reach an agreement as to ongoing summer custody
arrangements or either party believes it is necessary to review the school year/holiday custody
arrangements, counsel for either party may contact the Conciliator to schedule an additional
con~iation Conference in the Spring of 2003.
o h7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms ofthis Order shall control.
J.
cc: Charles Rector, Esquire - Counsel for Father
Mark C. Duffie, Esquire - Counsel for Mother
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Prothonotary
DWANE S. WILKINSON,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-230 CIVIL TERM
CIVIL ACTION - LAW
HEATHER L. CLAWSER, formerly
HEATHER L. WILKINSON
Defendant
IN CUSTODY
STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER
This Stipulation is made this ! Sf day of August, 2006, by and between
HEATHER L. CLAWSER (fonnerly Heather L. Wilkinson) (hereafter "Mother") and
DWANE S. WILKINSON (hereafter "Father"):
WITNESSETH:
WHEREAS, the parties hereto are the natural parents of Joshua Wilkinson (DOB
8/15/93) and Chelsea Wilkinson (OOB 6/1 0/91).
WHEREAS, the parties previously entered into an amicable stipulation regarding
the custody of their minor children on March 26, 2002, which agreement was entered as
an Order on April 10, 2002, in the Court of Common Pleas of Cumberland County, and
WHEREAS, Father has contemporaneously herewith filed a Petition to Modify
Custody and for Confirmation of Custody Agreement; and
WHEREAS, the parties agree that Father shall maintain primary physical custody
of Joshua in Bluffton, South Carolina, and Mother shall maintain primary physical
custody of Chelsea in Carlisle, Pennsylvania; and
WHEREAS, the parties hereto are desirous of entering into a stipulated custody
agreement that specifically settles the issues of legal and physical custody of their
EXHIBIT
l'
children without the necessity of court intervention and to have their stipulation entered
as a Court Order;
NOW, THEREFORE, in consideration of these premises, and of the mutual
promises, covenants and undertakings hereinafter set forth, Mother and Father, each
intending to be legally bound hereby, agrees as follows:
1. LeGal Custody. Mother and Father shall share legal custody of their
children, legal custody being defined as the right to make major decisions affecting the
best interests of the children, including, but not limited to, medical, religious, moral and
educational decisions. The parties agree to discuss and consult with one another with a
view toward adopting a harmonious policy calculated to promote the children's best
interests. Each party shall have the right to be kept informed of the children's
educational, social, moral and medical development. Each party shall be entitled to full
and complete records and information concerning the children from any doctor, dentist,
teacher, treatment institution or similar authority and to have copies of any reports,
notices or other communications given to either parent. Each party shall notify the other
of any matters relating to the children which could reasonably be expected to be of
significant concern to the other. Day-to-day decisions shall be the responsibility of the
parent then having physical custody. The parent having physical custody of the children
at the time of any emergency shall have the right to make any immediate decisions
necessitated thereby but shall inform the other parent of the emergency and consult with
him or her as soon as possible.
2. Relocation. The parties acknowledge and agree that Father shall be
primary physical custodian of Joshua and as soon as practicable, shall relocate Joshua
to Father's residence known and numbered as 64 Red Cedar Street, Bluffton, South
Carolina, 29910. The parties acknowledge and agree that the relocation of Joshua to
Father's residence is in Joshua's best interest and welfare. The parties further agree
that time is of the essence for this relocation inasmuch as school starts in South Carolina
on August 14. 2006. The parties shall otherwise cooperate in all respects with the
exchange of school records, etc. to facilitate Joshua's matriculation in the South Carolina
school district without delay.
3. Physical Custody. The parties agree that Father shall maintain primary
physical custody of Joshua and that Mother shall maintain primary phYSical custody of
Chelsea.
4. Holidays. The parties agree to alternate the following holidays:
Thanksgiving, Christmas and Easter. The parties further agree that to the extent
possible, the children shall be together during each and every holiday. The parties shall
cooperate to accommodate the other's schedule and the school and activity schedules
of the children and shall endeavor to arrange mutually convenient times for the
exchanges of custody on each holiday.
5. Summer Vacation. Each of the parties shall have the opportunity to
exercise a period of fourteen (14) days vacation with the children. The parties shall
notify one another of their vacation preference no later than May 30, of each year. Both
parties agree to attempt to accommodate the children's summer activity schedules when
selecting their vacation weeks. The parties further agree that to the extent possible, the
children shall be together during the summer vacations.
. .
6. Other holidays. The parties agree that to the extent possible, they shall
each have additional periods of custody of both children as their schedules may permit
throughout the year.
7. TransDortation. The parties shall share equally the cost of
transportation on all custody exchanges.
8. DisparaGinG Remarks Prohibited. The parties shall refrain from making
any disparaging or negative remarks with regard to the other either directly to the
children or in the presence of the children.
9. Alcohol/Controlled Substances. During any period of custody, the
parties shall not possess or use any controlled substances, and neither party shall
consume alcoholic beverages to the point of intoxication. The parties shall likewise
ensure, to the extent possible, that other household members and/or guests comply with
this prohibition.
10. TeleDhone/Address. Each party shall keep the other apprised of his or
her telephone number and address. Each party shall be entitled to reasonable telephone
privileges with the children while the children are in the custody or control of the other
party. Under no circumstances shall the parties discuss the children's custody schedules
or changes thereto directly with the children or to permit third parties to do so. All
scheduling issues shall be discussed only between the parties and the children shall at
no time be utilized as "messengers".
11. En~ of Court Order. The parties agree that the terms and provisions of
this Stipulation shall be entered as an Order of Court upon the filing of all necessary
documents.
. . ' .
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Dwane S. Wilkinson
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V.
HEATHER L. WilKINSON,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-230 CIVil TERM
: CIVil ACTION - LAW
: IN CUSTODY
DWANE S. WilKINSON,
Plaintiff/Petitioner
ORDER OF COURT
AND NOW, this r- day of ~, 2006, it is ORDERED and
DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed
Upon Custody Order are incorporated herein and hereby made an Order of Court.
J.
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