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HomeMy WebLinkAbout05-3176SCOTT F. WHALEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. Q5.31 CIVIL TERM GAYLE L. KILLINGER, Defendant. : IN CUSTODY COMPLAINT OF CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, the Plaintiff, SCOTT F. WHALEN, by and through is attorneys, Coyne & Coyne, P.C., and avers the following in support of this complaint of custody: L Plaintiff is SCOTT F. WHALEN, an adult individual, who resides at 135 E Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is GAYLE L. KILLINGER, formerly Gayle L. Whalen, an adult individual, who resides at 4353 Carlisle Road, Gardners, Cumberland County, Pennsylvania. 3. Plaintiff seeks to modify the custody arraignment for REBECCA L. WHALEN, born July 24, 1996. 4. The child was not bom out of wedlock. 5. The parties currently have shared legal custody of the child with father's periods of partial custody as outlined in Exhibit "A" which is an excerpt from the parties' marriage settlement agreement. 6. During the past five years, the child has resided with the following persons and at the following addresses: Name: Residence: Dates: Gayle L. Killinger/Edward Killinger Gayle L. Whalen Scott Whalen/Gayle L. Whalen 127 Coffeetown Rd. Dillsburg, PA 7. The Mother of the child is the Defendant. Nov. 2003 to Present 4353 Carlisle Rd. Gardners, PA Oct. 2002 to Nov. 2003 206 Capitol Hill Rd. Dillsburg, PA July 1996 to Oct. 2002 8. The Father of the child is the Plaintiff. 9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with his wife, LISA M. ANKABRANDT, and his child, Rebecca L. Whalen. 10. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with her husband, EDWARD L. KILLINGER, and her child, Rebecca L. Whalen. 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court; however, the current custody arrangement as outlined in Exhibit "A" was part of a marriage settlement agreement entered by the parties on September 5, 2002. The Parties were divorced on January 21, 2003 by way of Divorce Decree issued from the Court of Common Pleas of York County, Pennsylvania. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14, The best interest and permanent welfare of the child will be served by granting the relief requested as it will fully maximize the time the child will spend with each parent and it is in the best interest of the children to have regular, steady, and quality contact with both parents and as such Plaintiff seeks joint legal and physical custody of the child with the child spending equal time with the parties on a regular and routine basis. 15. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendancy of this action and the right to intervene: NONE. WHEREFORE, Plaintiff requests this Honorable Court to grant Plaintiff joint legal and physical custody of the child on an alternating week basis. _? Dated: Respectfully submitted, COYNE & COYNE, P.C. 4. ?" ? By: SAMARIE CO , ESQUIRE 901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the r, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. CUSTODY.• Husband and Wife hereby agree that it is in the best interest of their minor REBECCA L. WHALEN, that the parties have shared legal custody of their daughter with Wife primary physical custody of REBECCA and Husband having periods of physical custody of as follows: a. Alternating "weekends", beginning at 5:00 p.m, on Fridays and ending at 7:00 p.m. on Sundays (the parties acknowledge that Husband's unusual work limitations may not necessarily result in Father having traditional "weekends"; b. Alternating weeks, one overnight with advance notice to Wife; C. Father's Day, regardless if it is Wife's weekend; d. Alternating Thanksgiving Day beginning at 10:00 a.m. on Thanksgiving Day and continuing through 9:00 p.m. (Husband to begin 2003); Page 2 of 14 r, e. Alternating Christmas Holiday defined as Noon on December 24i° and ending on Noon on December 25t° (Husband to begin 2002); f. One week during Summer Months with advance notice of selected week to Wife on or before, March I", annually; g. Unsupervised telephone contact with non-custodial parent; h. Transportation to be shared by the parties in custody exchanges; i. REBECCA shall not relocate from York County without the advance notice and consent of Husband; j. At all other times as the parties can mutually agree with both parties realizing and acknowledging that maximum contact with both parents is in REBECCA'S best interest for her happy and healthy development and maximum flexibility of custody arrangement is in REBECCA's best interest; and k. Either parry may reduce this Agreement to a Formal Custody Order. 4. CHILD SUPPORT: The parties agree in exchange for the custody arrangement in this Husband's child support obligation shall be defined as the cost/tuition for before and after care for REBECCA at the Kinderacademy, Early Learning Center, Dillsburg, Pennsylvania. 5. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation or about August 30, 2002 she has not, and in the future she will not, contract or incur by debt or for which Husband or his estate might be responsible and shall indemnify, defend and save harmless from any and all claims or demands made against him by reason of debts or incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their on or about August 30, 2002 he has not, and in the future he will not, contract or incur any Page 3 of 14 VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: /G az vim 2ov c- CJ ?> n "Ej =? ?? <? -a ,? i. .. T -'r i U" _ ?C?? .? IV _ .. ?? ,*?rrl N ? O i C', •< `ti SCOTT F. WHALEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GAYLE L. KILLINGER DEFENDANT 05-3176 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 23, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, July 14, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S. Sunday, Esq.- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Streel Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '°J A so ?c- d/ .Qp lia'r' di«1 X01 bt hZ P111f SOOT LI-i ???'i.!;-1711:1 SCOTT F. WHALEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3176 CIVIL TERM GAYLE L. KILLINGEP, Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the Complaint of Custody was served upon the below-referenced individual at the below listed address by way of first class mail, restricted delivery: Gayle L. Killinger 4353 Carlisle Road Gardners, PA 17324 Dated: G - zcl - (gs- 90 Market Street / amp p Hill, PA 170114227 (717) 737-0464 Pa. S. Ct. No. S3788 Attorney for Plaintiff N QQ C:: 7i 2 ! t,. W ? O C7 t-?.f C 0 CERTIFIED INlAiL: ^'a I 1 C3 m L U S _J ru r oe Q NN.dF" r °` hl C3 0 oy ?UN? ..D EnaorameM aequ '.. "q ,? N r m 'total raneo. a rare $. Asry-`,. ? - N;; mat.............. y- 5 RECEIVED JUL 2 0 7005 SCOTT F. WHALEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-3176 CIVIL ACTION LAW GAYLE L. KILLINGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1q day of 2005, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The Father, Scott F. Whalen, and the Mother, Gayle L. Whalen, now Killinger, shall have shared legal custody of Rebecca L. Whalen, born July 24, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall continue to have partial physical custody of the Child in accordance with the custody agreement signed on September 5, 2002, except as modified by this Order. 4. In addition, the Father shall have periods of partial custody with the Child in the summer 2005 from July 23 at 7:00 p.m. through July 30 at 7:00 p.m., August 14 at 7:00 p.m. through August 21 at 7:00 p.m. and from August 22 (when the Father shall pick up the Child at daycare) through August 24 at 7:00 p.m. 5. The Father may pick up the Child at daycare on days when the Father is not working after making arrangements with the daycare provider and notifying the Mother. 6. On days when the Father has custody until 7:00 p.m. and the Mother is working until 5:30, the parties agree that the Father will transport the Child to the Mother's residence at 7:00. 7. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on September 8, 2005 at 10:00 a.m. to further address the Father's request for expanded custody. 8. 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 terns of this Order shall control. --1 BY T, RE COURT, J. cc: Asa Marie Coyne, Esquire - Counsel for Father ,kobert L. O'Brien, Esquire - Counsel for Mother ?s ? ?Ifl -Ifil, ?QZ dc) SCOTT F. WHALEN Plaintiff VS. GAYLE L. KILLINGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3176 CIVIL ACTION LAW 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: 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 Rebecca L. Whalen July 24, 1996 Mother 2. A conciliation conference was held on July 14, 2005, with the following individuals in attendance: The Father, Scott F. Whalen, with his counsel, Lisa Marie Coyne, Esquire, and the Mother, Gayle L. Killinger, with her counsel, Robert L. O'Brien, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?2ros -L? Date Dawn S. Sunday, Esquire Gr Custody Conciliator 14PECEIVED SEP 0 92005 SCOTT F. WHALEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-3176 CIVIL ACTION LAW GAYLE L. KILLINGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ?1. A Hearing is cheduled in Court Room No. 5 of the Cumberland County Courthouse on the day of 2005, at $& o'clock, in., at which time testimony will be taken. For purposes of the hearing, the Father, Scott F. Whalen, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are 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 Father, Scott F. Whalen, and the Mother, Gayle L. Killinger, shall have shared legal custody of Rebecca L. Whalen, born July 24, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. Pending further Order of Court or agreement of the parties, the Mother shall have primary physical custody of the Child and the Father shall have partial physical custody on alternating weeks, beginning Friday, September 9, 2005, from Friday after school when the Father shall pick up the Child at school/daycare through Sunday at 7:00 p.m. In addition, during weeks following the Father's weekend period of custody, the Father shall have custody of the Child from Thursday after school, when the Father shall pick up the Child at school or daycare through Friday before school. The Father shall be entitled to have liberal unsupervised telephone contact with the Child. 4. The parties shall alternate having custody of the Child on Thanksgiving Day from 10:00 a.m. until 9:00 p.m., with the Father having custody in odd numbered years and the Mother having custody in even numbered years. 5. The parties shall alternate having custody of the Child over the Christmas holiday from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, with the Mother having custody in odd numbered years and the Father having custody in even numbered years. The parties shall cooperate in scheduling a period of custody for the non-custodial parent over the Christmas holiday. 6. In every year, the Father shall have custody of the Child on Father's Day and the Mother shall have custody on Mother's Day, with the specific times to be arranged by agreement between the parties. 7. Unless otherwise agreed between the parties or provided in this Order, the party receiving custody shall be responsible to provide transportation for the exchange of custody. 8. In the event either party initiates a custody evaluation at his or her sole expense, the other party shall cooperate in the evaluation process generally, including scheduling and attending all evaluation sessions in a timely manner. B' cc: Lisa Marie Coyne, Esquire - Counsel for Father Robert L. O'Brien, Esquire - Counsel for Mother Edward E. Guido J. / --t- q -f5-US r Sri;? -Hi LO J-t SCOTT F. WHALEN Plaintiff VS. GAYLE L. KILLINGER Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3176 CIVIL ACTION LAW 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: L The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rebecca L. Whalen July 24, 1996 Mother 2. A conciliation conference was held on September 6, 2005, with the following individuals in attendance: The Father, Scott F. Whalen, with his counsel, Lisa Marie Coyne, Esquire, and the Mother, Gayle L. Killinger, with her counsel, Robert L. O'Brien, Esquire. 3. The parties initially entered into a Stipulation (which was not entered as a Court Order) on September 5, 2002 under which the Mother had primary physical custody of the Child and the Father had partial custody. The Father filed this Petition for Modification seeking shared physical custody of the Child. A custody conciliation conference was held on July 14, 2005 at which the parties agreed to expand the partial custody schedule to alternating weeks for the remainder of the summer and to attend a follow-up conference, which is the subject of this Report and Order. The parties were unable to reach an agreement as to ongoing custody arrangements and it will be necessary to schedule a hearing. 4. The Father's position on custody is as follows: The Father believes that the alternating weekly schedule which was instituted during the second half of July for the remainder of the summer was very successful. The Father stated that the additional time under the shared schedule enabled him to reconnect with the Child and strengthen the relationship between the Father and the Child. The Father feels that under the alternating weekend schedule he barely has sufficient time to meet the Child's basic needs without sufficient time for building and maintaining a strong relationship. The Father believes that the alternating weekly schedule reduces the instability of frequent exchanges which also benefits the Child. The Father believes it would be in the Child's best interest to continue throughout the year on an alternating weekly schedule. 5. The Mother's position on custody is as follows: The Mother presented a different perspective on the alternating weekly schedule for the end of the summer and indicated that the transitions back to her household after the Father's weeks were difficult for the Child. The Mother does not believe that it would be in the Child's interest to continue alternating weeks during the school year and, in fact, does not agree to continue alternating weeks during future summers. The Mother indicated that following the Father's weeks, the Child's behavior was less cooperative in performing simple routine tasks. The Mother feels that it is important for the Child to live primarily in one family setting for consistency. The Mother proposed that the parties resume the prior schedule under which the Father had alternating weekends and one overnight during the interim weeks. 6. The conciliator submits an Order in the form as attached scheduling a hearing on the basic ongoing custody arrangements as well as the temporary schedule pending hearing which, with some modifications, constitutes the schedule which the parties had agreed to in the 2002 Stipulation. It is expected that the hearing will require at least one-half day. cdk-rnlyvr 7f ?OQS Date Daw/. ? Sunday, Esquire Custody Conciliator SCOTT F. WHALEN, Plaintiff, VS. GAYLE L. KILLINGER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3176 CIVIL TERM IN CUSTODY .?j?1 ORDER OF COURT AND NOW, this M r day of 0'r/'?"' s , 2005, the hearing scheduled for October 28, 2005 at 9:00 a.m. is hereby continued at the request of Defendant and with Consent of Plaintiff and rescheduled to Monday, 2005, beginning at 17" ??.m. o'clock in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the mentioned rescheduled hearing date. Cf: isa Marie Coyne, Esq. For Plaintiff i, ?obe L. O'Brien, Esq. For Defendant -"3 7- ,o Edward E. Guido, Judge _ .. s ? i_' ? F E kk v? /?E.1?' -?. ? J f1. Jw f C OYNE & C OYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Austin F. Grogan 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 October 18, 2005 Hon. Edward E. Guido Judge, Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dear Judge Guido: Re: Whalen u. Killinger No. 05-3176 (Custody) I represent the Plaintiff Father and Attorney Rob O'Brien represents the Defendant Mother. I received a call today from Attorney O'Brien advising that his client, Mrs. Killinger, gave birth last week and is seeking a continuance of the Custody Hearing scheduled for October 28, 2005. As an accommodation to Attorney O'Brien and his client, my client does not object to a continuance of the hearing. I contacted Sandy in your office and she advised that Monday, November 28, 2005 was available for the rescheduled hearing. I conferred with Attorney O'Brien and he is also available on November 28, 2005. Accordingly, I have prepared the enclosed suggested Order for the Court's consideration. Respectfully, COYNE & OYNE, P. . Lis Marie Coyne LMC/amd Encls. Cc: Mr. Scott F. Whalen, w/encl. Robert L. O'Brien, Esq., w/encl. SCOTT F. WHALEN, Plaintiff V. GAYLE L. KILLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3176 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 5th day of December, 2005, after hearing, we vacate all prior custody orders and replace them with the following: 1. The Father, Scott F. Whalen, and the Mother, Gayle L. Killinger, shall have shared legal custody of Rebecca L. Whalen, born July 24, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. During the school year, Mother shall have primary physical custody of the Child subject to the following periods of partial custody with Father: A. Every other weekend from Friday after school through Monday at the start of school. [If Monday is a scheduled day off from school, then the visitation shall extend until Tuesday at the start of school. If the weekend conflicts with Father's Reserve duty, it shall be made up the very next weekend.] B. Every Thursday from after school until 7:45 p.m. C. At such other times as the parties agree. 3. In the summer months, commencing the day after school lets out until one week before school begins, Father shall have primary physical custody of the Child subject to partial physical custody with Mother as follows: A. Every other weekend from Friday after work until Sunday at 8:00 p.m. B. One additional week for vacation purposes provided that Mother gives Father at least. 60 days notice of her intention to exercise said period. If the notice is given, Mother's vacation schedule shall prevail. C. At such other times as the parties agree. 4. The non-custodial party shall be entitled to have liberal unsupervised telephone contact with the Child. 5. The parties shall alternate custody of the Child on Thanksgiving Day from 10:00 a.m. until 9:00 p.m., with the Father having custody in odd numbered years and the Mother having custody in even numbered years. 6. The parties shall alternate having custody of the Child over the Christmas holiday from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, with the Mother having custody in odd numbered years and the Father having custody in even numbered years. The parties shall cooperate in scheduling a period of custody for the non-custodial parent over the Christmas holiday. 7. In every year, the Father shall have custody of the Child on Father's Day and the Mother shall have custody on Mother's Day, with the specific times to be arranged by agreement between the parties. 8. Unless otherwise agreed by the parties, the party exercising partial physical custody shall be responsible for all transportation. In effect, this is Father during the school year and Mother during the summer months. By Edward E. Guido, J. Lisa Marie Coyne, Esquire For the Father viobert L. O'Brien, Esquire For the Mother srs ne__?N ;.. . t 1 ?;`, r ??_ .:a.1 ?! E SCOTT F. WHALEN, Plaintiff V. GAYLE L. KILLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. K- 3 0lo IN CUSTODY PETITION FOR MODIFICATION AND NOW comes Scott F. Whalen by and through his counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are parents of Rebecca L. Whalen, born July 24, 1996. Custody of Rebecca is controlled by the Court's Order of December 5, 2005, attached hereto as Exhibit "A". 2. The Order of December 5, 2005 calls for shared legal custody with primary physical custody in Defendant/Mother with partial custody in Plaintiff/Father. 3. After the parties' separation, Mother remarried and has a second child. 4. For approximately the last year, Rebecca has been expressing her desire to live primarily with Father. 5. On September 24, 2008, Mother's husband inappropriately disciplined Rebecca by shoving her and hitting her across the mouth. 6. On September 26, 2008, Mother asked Father to take the child to live with SAIDIS, FLOWER & LINDSAY nrmsNEYS-M uw 26 West High Street Carlisle, PA him. She stated that did not think it was a good idea that the child lives any longer at her home and that she knew that Rebecca wanted to live with her Father. 7. Since October 3, 2008, Mother has demanded the return of the child, but the child continues to express a desire to live with Father. WHEREFORE, Father prays this Honorable Court to award primary physical custody of the child to Father. SAIDIS, FLOWER & LINDSAY Supreme Cjrt o. 44693 26 West Hig Street Carlisle, PA 17013 717-243-6222 Dated: October 8, 2008 SAIDIS, FLOWER & LINDSAY A 1QMgEY5-M-uw 26 West High Street Carlisle, PA 17 is SCOTT F. WHALEN, Plaintiff V. GAYLE L. KILLINGER, Defendant . 2 IN THE COURT OF COMMON PLEAS' CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3176 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 5th day of December, 2005, after hearing, we vacate all prior custody orders and replace them with the following: 1. The Father, Scott F..Whalen, and the Mother, Gayle L. Killinger, shall have shared legal custody of Rebecca L. Whalen, born July 24, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including; but-not limited to',--'all decisions regarding her health;. dabcatiori acid religion: Pursuant 'to the terms of this paragraph;each'parent shall be entitled to a records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. During the school year, Mother shall have primary physical custody of the Child subject to the following periods of partial custody with Father: A. Every other weekend from Friday after school through Monday at the start of school. [If Monday is a scheduled day off from school, then the visitation shallz•extend- iintil:Tuesday at the start:of school.-- If t ie weekend conflicts with Father's Rese"rve`••duty, '-it shall be'made up the-very next weekend:] B. 'Every Thursday from after'school until 7:45 p.m. C. At such other times as the parties agree. 3. In the summer months, commencing the day after school lets out until one week before school begins, Father shall have primary physical custody of the Child subject to partial physical custody with Mother as follows: A. Every other weekend from Friday after work until Sunday at 8:00 P.M. B. one additional week for vacation purposes provided that Mother gives Father at least 60 days notice of her intention to exercise said period. If the notice is given, Mother's vacation schedule shall prevail. C. At such other times as the parties agree. 4. The non-custodial party shall be entitled to have liberal unsupervised telephone contact with the Child. r . -' 5. The parties shall alternate custody of the Child on Thanksgiving Day from 10.:00 a.m. until 9:00 p.m.,_with the Father having custody in odd numbered years and the Mother having custody in even numbered years. 6. The parties shall alternate having custody of the Child over the Christmas holiday from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, with the Mother having custody in odd numbered years and the Father having custody in even numbered years. The parties shall cooperate in scheduling a period of custody for the non--custodial parent over the Christmas holiday: 7. In every year, the Father shall have custody of the Child on Father's Day and the Mother shall have custody on Mother's Day, with the specific times to be arranged by agreement between the parties. 8. Unless otherwise agreed by the parties, the party exercising partial physical custody shall be responsible for all transportation. In effect, this is Father during the sc o0 year and Mother during the summer months. By E war E. Guido, J. isa Marie Coyne, Esquire For the Father Robert L: O'Brien, Esquire For the Mother srs TRUE C-0elar,Y Irri-OP a RECORD is T esiirony ...: va , ! hm-' unto set my hand and 1 of said 1 ou i Ca lisle, Pa. TH Z .... y .... ?F VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Scott Whalen Date: jp -g- 08 SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this a day of October, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Gayle Killinger 4353 Carlisle Road Gardners, PA 17324 SAIDIS, FLOWER & LINDSAY 4w?C_"S&a Y?o Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ermvs ?r uw 26 West High Street Carlisle, PA ?'?3 ?. ?,/? "?? TMu? "?,"D e:a? `Y"i ? .?{ i"Yl ? ? ? ? i ? C.? ?` '? vy .c- ' ;;7 ? ?? ? . ^ *: C?? ?`±y. „?'w3` N SCOTT F. WHALEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GAYLE L. KILLINGER DEFENDANT 2005-3176 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 14, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, November 13, 2008 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?tP '-Z' "OT-"6w 4? ?, /7;17 C A 0 Wd 9 1 130 BOQZ ?y?r1 SCOTT F. WHALEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2005-3176 GAYLE L. KILLINGER, Defendant IN CUSTODY STIPULATION OF THE PARTIES Scott F. Whalen, hereinafter "Father" and Gayle L. Killinger, hereinafter "Mother" agree as follows: RECITALS: R1. Custody of Rebecca has been controlled by a Court Order of December 5, 2005. R2. On or about October 8, 2008, Father filed a Petition for Modification. R3. Mother denies the allegations in paragraph 5 and 6 of the Petition for Modification and the parties have determined a settlement of the matter without litigating the averments of paragraph 5 and 6. AGREEMENT: 1. The parties are the parents of Rebecca L. Whalen, born July 24, 1996. 2. The parties shall continue to share legal custody of the child. 3. Father shall have primary physical custody of the child commencing after school, November 24, 2008, subject to Mother's partial custody as follows: a. Alternating weekends from after work on Friday until Monday morning when she will deliver the child either to school or to Father's home by 9:00 AM. In the event that Monday is a school holiday, Mother shall continue with custody through the Monday and deliver the child to school or Father's home on Tuesday. b. Two nonconsecutive weeks in the summer to be taken in conjunction with her regularly scheduled alternating weekends with sixty (60) days advance notice to Father. C. From Christmas Eve at noon until Christmas Day at 9:00 PM in odd numbered years. Father will have custody at the same times in even numbered years. d. On Thanksgiving Day from 9:00 AM until 9:00 PM in even numbered years. Father will have custody of the child on Thanksgiving at the same times in odd numbered years. e. At such other times as the parties can agree. 4. Both parties will have unlimited, unsupervised telephone contact with the child during the time the child is with the other parent. 5. Mother will claim Rebecca as a dependency exemption on her 2008 Federal income tax return and Father will thereafter claim Rebecca's exemption so long as he has had primary physical custody for the majority of the year. 6. Mother will withdraw the Petition for Child Support effective November 24, 2008 and Father will pay any arrearages due and owing on that date at the rate of $100.00 per month until paid in full. Mother will reimburse Father for any overpayment with in 30 days of receipt. The case will then be closed. Father waives child support and will provide a letter to the Office of Domestic Relations to that effect. 7. The parties intend that the terms of this Stipulation be made an Order of Court. /,/-t7.48 Scott F. Whalen Gayle . Killinger y€"7 cr) NOV 14 ?0080, SCOTT F. WHALEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-3176 CIVIL ACTION LAW IN CUSTODY vs. GAYLE L. KILLINGER Defendant ORDER AND NOW, this 17th day of November, 2008, the conciliator, being advised by counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for today is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator - ,.? ? '? _, K<` a R " u.i t ,,, . -- 11 N0V 2 4 2UL 34 SCOTT F. WHALEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GAYLE L. KILLINGER, NO. 2005-3176 Defendant IN CUSTODY ORDER OF COURT NOW, this r?^ ?jN?l: day of A-wk, 2008, upon consideration of the within Stipulation of the Parties, the terms of the Stipulation a ereby made an Order of Court. By , - Court, J. FLOWER'& LINDSAY n"nmwvetanr uw 26 West High Street Carlisle, PA 1 t r { : j