Loading...
HomeMy WebLinkAbout02-0530DAVID C. SHEIBLEY, Plaintiff VS MARIE F. WILKINSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION - LAW : NO. : CUSTODY NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 DAVID C. SHEIBLEY, Plaintiff VS MARIE F. WILKINSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION - LAW : : NO. 0,2-5'.~o ~ -]-~.. : CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, by and through his attorney, John H. Broujos ofBroujos & Gilroy, P.C., and avers as follows: 1. Plaintiff is David C. Sheibley, an adult individual residing at 65-67 W. North, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Marie F. Wilkinson, an adult individual residing at 319 N. West Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the children James C. Wilkinson, Jr. and David C.A. Sheibley residing at 319 N. West Street, Carlisle, Cumberland County, Pennsylvania 17013. · James C. Wilkinson, Jr. was bom December 8, 1988. David C.A. Sheibley was bom May 11, 1991. · The children were bom out of wedlock. · The children are presently in the custody of Defendant. Defendant resides at 319 N. West Street, Carlisle, Cumberland County, Pennsylvania. · During the past five years, the children have resided with the following persons and at the following addresses: Person Address Dates o David C. Sheibley & Made F. Wilkinson Made F. Wilkinson Marie F. Wilkinson 65-67 W. North Street Carlisle, PA Carlisle 319 N. West St, Carlisle 1994 - summer, 1998 summer, 1998 - 1999 1999 - present The Mother of the children is Marie F. Wilkinson currently residing at 319 N. West Street, Carlisle, Cumberland County, Pennsylvania 17013. She is not married to Plaintiff. The Father of the children is David C. Sheibley, currently residing at 65-67 W. North Street, Carlisle, Cumberland County, Pennsylvania 17013. He is not married to Defendant. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: Relationship Name none The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: Name James C. Wilkinson, Jr. David C.A. Sheibley Relationship son son 6. The Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 7. Plaintiffhas no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody of visitation fights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief of primary physical custody because: Defendant has had two DUI convictions recently; has been charged with public drunkenness and disorderly conduct on January 25, 2002; and has neglected the children, including permitting tenants of her residence and other "long-term guests" to use the children's bedrooms. 10. Each parent who has parental rights to the children which have not been terminated and the person who has physical custody of the children are parties to the action. WHEREFORE, Plaintiff requests this Court to grant custody of the children to Plaintiff. "~o1~ H. Broujos, Esquire A'tldmey for Plaintiff BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574; 717/766-1690 FAX# 717/243-8227 Date: January 30, 2002 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom falsification to authorities. Date: January 30, 2002 DAVID C. SHEIBLEY : : PLAINTIFF V. : 02-S30 MARIE F. WILKINSON DEFENDANT : 1N CUSTODY R F IN ~rlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Monday, February 04, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Wednesday, March 06, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or 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 DAVID C. SHEIBLEY, Plaintiff V. MARIE F. WILKINSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-530 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ dayof %]~1~ ,2002, upon consideration of the attached Custody Concil]atibh R-elkhart, it is ordered and directed as follows: 1. The custody provisions of the PFA Order dated November 10, 1999, are hereby vacated. 2. The Father, David C. Sheibley, and the Mother, Marie F. Wilkinson, shall have shared legal custody of James C. Wilkinson, Jr., bom December 8, 1988 and David C.A. Sheibley, born May 11, 1991. 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. 3. The parties shall have shared physical custody of the children on a week on/week off schedule with the exchange day and time being Mondays at 5:00 p.m. Father's week shall begin March 11, 2002. 4. The non-custodial parent shall be entitled to an overnight period of physical custody during their off week from Thursday at 5:00 p.m. to Friday morning when that parent will assure that the children arrive at school. In the event there is no school on that Friday, the children shall be returned to the custodial parent between 8:00 a.m. or 9:00 a.m. 5. The children shall reside with Father at his current residence while they are in his custody. 6. The children shall retain their beds and bedrooms undisturbed while guests are residing in the parents' respective homes. 7. Mother shall not operate a motor vehicle with the children as passengers while under the influence of alcohol. 8. Neither Mother nor Father shall use illegal drugs or consume excessive amounts of alcohol when that parent has custody of the children. 9. Mother shall obtain a Drug & Alcohol evaluation as soon as practicable and follow all recommendations thereof. 10. Father shall have a psychological evaluation for power and/or control issues as soon as practicable and follow all recommendations thereof. 11. Neither party shall do anything, nor permit a third party to do anything, that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 12. The children shall have liberal telephone contact with the non-custodial parent while in the custody of the other parent. 13. 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. Another Conciliation Conference is scheduled for May 29, 2002 at 4:30 p.m. BY THE~ cc: John H. Broujos, Esquire, Counsel for Father Joan Carey, Esquire, Counsel for Mother ¥1N~A'~XSNN~a DAVID C. SHEIBLEY, Plaintiff V. MARIE F. WILKINSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-530 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: George E. Holler, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF James C. Wilkinson, Jr. David C.A. Sheibley December 8, 1888 Mother May 11, 1991 Mother 2. A Conciliation Conference was held in this matter on March 6, 2002, with the following individuals in attendance: The Father, David C. Sheibley, with his counsel, John H. Broujos, Esquire and the Mother, Marie F. Wilkinson, with her counsel, Joan Carey, Esquire from Mid Penn Legal Services. 3. A prior Order of Court, dated November 10, 1999 was entered by the Honorable George E. Holler, in conjunction with a PFA Order. The Custody portion of the Order provided for shard legal custody, Mother having primary physical custody and Father having regular partial physical custody of the children. 4. The parties agreed to the entry of an Order in the form as attached. Date mey, Esquire Custody Conciliator mAT ! zoo DAVID C. SHEIBLEY, Plaintiff V. MARIE F. WILKINSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-530 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~ay of ~ ~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order dated March 7, 2002 shall remain in full force and effect. 2. 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. Counsel for the parties may contact the Custody Conciliator to schedule another Conciliation Conference once the parties obtain their respective evaluations. BY THE URT, Edgar B. Bay y,~ cc: John H. Broujos, Esquire, Counsel for Father Joan Carey, Esquire, Counsel for Mother . Jo DAVID C. SHEIBLEY, Plaintiff MARIE F. WILKINSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-530 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME James C. Wilkinson, Jr. David C.A. Sheibley DATE OF BIRTH December 8, 1888 May 11, 1991 CURRENTLY IN CUSTODY OF shared shared 2. A Conciliation Conference was held in this matter on May 29, 2002, with the following individuals in attendance: The Father, David C. Sheibley, with his counsel, John H. Broujos, Esquire and the Mother, Marie F. Wilkinson, with her counsel, Joan Carey, Esquire from Mid Penn Legal Services. 3. A prior Order of Court, dated March 7, 2002, was entered by the Honorable Edgar B. Bayley. It provided for shared legal and physical custody. Both parties needed to obtain evaluations: Father a psychological evaluation for anger and/or control and Mother a drug and alcohol evaluation. Neither party had obtained their evaluation at the time of the Conference. 4. Father complained that Mother' s water at her home had been turned off for approximately 2-3 weeks for non-payment of charges. Mother admitted the water was turned off, but that she had the children use Father's residence for showering. 5. The parties agreed to continue the prior Order and to have their counsel reschedule a Conciliation Conference once the evaluations are obtained. The parties agreed to the entry of an Order in the from as attached, ir~e/~~ J~qu~line M. Verney, Esqu' Date Custody Conciliator