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Home My WebLink About01-3680 ?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS CFCUMBERLANDCOUNTY STp fE OF PENNA. Tiffany A. Wheeland No. 01-3680 Plaintiff VERSUS Robert V. Wheeland, ,;Lr !__ DeTPnrL::,nt DECREE IN DIVORCE AND NOW, \4 I"-~...JO f, IT IS ORDERED AND DECREED THAT 'T'iTTrlny A Whpplrlnn , PLAINTIFF, AND Robert V. Wheeland, Jr. DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NonE'> 4) BYT~t#~ ATTEST: PROTHONOTARY * I ~ t J. .~ ,~~.w ~~ &71 hi -L . 7:-'-/ 7- /Tr7rZf' ~7 -;:!?? [:(]- ,hi 'L . . .' TIFFANY A. WHEELAND, Plaintiff V. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : DIVORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant : No. 01-3680 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served personally, by Nicholas Aloia, on February 13, 2003 at the Cumberland County Prison. 3(b). (1) Date of execution ofthe affidavit required by S 330 1 (d) of the Divorce Code: April 29, 2003. (2) Date of filing and service of the plaintiffs affidavit upon the respondent: Date of filing: May 22,2003. Date of service: May 22, 2003. 4. Related claims pending: None. Sea) Date and manner of service of the notice of intention to request entry of S 3301(d) divorce decree, a copy of which is attached: May 22,2003, first class mail. Date: J,^V\", J..b ).oo~ J ~~ Nicholas Aloia Certified Legal Intern .. d~~~~ THOM . PLACE ROBERT E. RAINS LUCY JOHNS TON- WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 13 717/243-2968 () c z -'(') ;,\" rnr"i '-? -, J-- .- -I'''' \~. (j) ): ..;<:, -'~: c;:.c -s; ("' z -' --'C-' >-c z ~ c (, t'''-,.J u' ...--~-, ~- \,0 ..".,.1 -< - f" ClUN ' 'Vfl , TIFFANY A. WHEELAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LA W : DNORCE AND CUSTODY ROBERT V. WHEELAND, Jr" Defendant : NoDI- 3:Y~CcIVIL TERM NOTICE TO DEFEND AND CLAIl\1 RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other right important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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, P A 17013 (717) - 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. TIFFANY A. WHEELAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW : DNORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant : No, O/~ '~t.SDCIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Tiffany A. Wheeland, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce and custody: COUNT I DIVORCE UNDER 23 Pa.C.S. ~~ 3301(c) and 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Tiffany A. Wheeland, who currently resides at 330 Peppercorn Square, Enola, PA 17025, since May 26,2001. 2. The defendant is Robert V. Wheeland, Jr., who currently resides at 7 West Locust Street, Rear, Enola, Pennsylvania 17025, since June 2001. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on April 26, 2000, in Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since April 4, 2001. 6. There have been no prior actions of divorce or for annulment between the parties, 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the mamage. COUNT II 9. Plaintiff repeats and realleges paragraphs 1 through 8, as if fully set forth herein. 10. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Ethan Russel Wheeland 330 Peppercorn Square Enola, P A 17025 February 6, 2001 The child was born within wedlock. The child is presently in the custody of Tiffany A. Wheeland During the child's life, he has resided with the following persons at the following addresses: Person Addresses Dates Tiffany A. Wheeland Walter Helman, III (Maternal Grandfather) Michele Helman (S tep-Grandmother) 330 Peppercorn Square Enola, P A 17025 5/26/0 I-present Tiffany A. Wheeland Melodee Yentzer (Maternal Grandmother) Mark Yentzer (Step-Grandfather) 40 Bushey School Road York Springs, PA 17372 4/4/01-5/26/01 Tiffany A. Wheeland Robert V. Wheeland, Jr. 328 South Enola Drive Enola, PA 17025 2/6/01-4/4/01 11. The relationship of the plaintiff to the child is that of mother. She is married. She currently resides with the following persons: Name Ethan Russel Wheeland Walter Helman, III Michele Helman Relationship Son Father Step-Mother 12. The relationship of defendant to the child is that of father. He is married. It is unknown whether he currently resides with any other persons. 13, 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who 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 because: a) Plaintiff has been primary caretaker of the child since birth; b) Plaintiff is better able to provide a home with adequate moral, emotional, and physical surroundings for the child, whose best interests would be served by an award of sole legal and primary physical custody to the plaintiff. c) The parties have agreed to a custody arrangement, as set forth on the Agreement and Order attached to this Complaint. 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. 16. Plaintiff and Defendant entered into an Agreement as to Custody on May 24, 2001. The Agreement provides that Plaintiff shall have sole legal custody of the child. Plaintiff shall have primary physical custody and Defendant shall have periods of supervised visitation of the child as specified in the attached Agreement. The parties would like the Agreement to be entered as an Order of the Court. WHEREFORE, Plaintiff requests the court to grant to her sole legal and primary physical custody of the child and enter an Order in the form attached hereto. Date: ~ \4 \ 2.ffi\ \\o(l{k~*-~ Debra Hart Munchel Certified Legal Intern ~L(A/ t V THO S M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 VERIFICA TION I verify that the statements made in this Complaint 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 unsworn falsification to authorities. Date: Lv'5 r 0 \ ~~/~ Tiffany A. Wheeland, Plaintiff r~l II.) _ r\ :-", \J _ ~ '), a -J- ;} -' /'::) , f'O a' r '::1-' r.> SL ~ -- Q.) -D 0, -- ~ ~ ~ ~ 9-3 ~~ ~ s{ ,,\: ...... ~ << ~- 'l\ "- ~ ~~~ ~~~ ''"'- 'I:> " ~ ~ ~. , ~ ~ ~ ~ W N'i ~. ~ \-- ,t:\ [; --- ~cA.. erv - i'~ ~cJ (J') ~n (t' 0' ~, "'") -<- r- CJr ~ h ~ r: (" -:-" '. . 1':._' "j', . f::-; ~,- -~~.~ l_ ..' ::'-...c: >.~: ...'- --I -< <-:; :.r. ~a en -< TIFFANY A. WHEELAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : DNORCE AND CUSTODY ; No. 61-JP~OCIVIL TERM ROBERT V. WHEELAND, Jr., Defendant CUSTODY AGREEMENT AND ORDER This agreement, made this 2 ~ay of ~, 2001, between Tiffany A. Wheeland, hereinafter Mother, and Robert V. Wheeland, Jr., hereinafter Father, concerns the custody of their child, Ethan Russel Wheeland, born February 6, 2001. Mother and Father desire to enter into an agreement as to the custody of their child. Mother and Father agree to the following: 1, Mother shall have sole legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have supervised visitation of the child as the parties agree. 4. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of Court. 5. Father has been informed and understands that the Family Law Clinic represents only Mother's interests in this matter. He has been advised that ifhe wants legal ~ . , ~:? 'i..," I'. '. ("') ~;; d3~d' (;~~ i_ ~~: ~,: ('fl ..co, . ;:.:''''' "-I .<: C") -c :-) (X) .. . . advice on this matter, he must obtain his own attorney. He understands this and has chosen to proceed without counsel. ~.{~A~ itv\ uJ \O-A~ j-(. Robert V. Wheeland, Jr. 1l'!f, t ",,,,,%J Ti an{j,A. Wheeland ~Q~~~~lA~~ Debra Hart Munchel Certified Legal Intern d;/::~ !J-- Robert E. Rains Teri L. Henning Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ORDER ( '~, ~ ~ l~s.t\ 1. \J AND NOW this Lt day ~~, 2001, the above Custody Agreement is approved and entered as an Order of Court. ~;/ ,,/ ,/ / / .0 :.Z :0 :1: :. \-~ '. p:. '.0 \ \~\ 'it ~: z. : . ~ :;(, <. ~ ;i::- .-l ~ ~ : ~; : C!,,:::I: : ~~\.~o " " .. . ~ ~ ~ ~ ..- -'~ .... .'.." { 4 '(7 ..:::; o ..... :~\0~ __.....4-....-. ./ t-I :: ; ~\<) .'~ "j ~:;~~ "1- .::';c;; ~ ,~~ \'16 :~) D .-- ~.f\ ------ TIFF ANY A. WHEELAND Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant No.01-3680 CIVIL TERM AFFIDAVIT OF SERVICE 1,J'~\c...'v-.t>\Co\.~ A \0\ "- , hereby certify that I am a competent adult and that I personally served a true and correct copy of the Complaint for Divorce on the defendant, Robert V. Wheeland, Jr., at C v.. '^'" \:) ur \ '^- \"'\ ~ Lcu...V\. \-'1' p", \ ~ o'^-- . Service was complete upon receipt by Robert V. Wheeland, Jr., on the ~ day of February, 2003 at 2:45 p.m. I verify that the statements made in this affidavit 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 falsification to authorities. Date: I-c...b. 1'1 ,2003 ~~ cr i.; ()j J:. ..s J1 cr o w --- --I::: :/""J TIFF ANY A. WHEELAND, Plaintiff V. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : DIVORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant : No. 01-3680 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: Robert V. Wheeland, Jr. DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the S 3301(d) affidavit. Therefore, on or after ...:rv.......~ \~ ,200..2, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary ofthe court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary ofthe court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. (") c: ~ -00,: rr:Hi' Z::C :;2::.(" ~:~ k:c. )..- ~' Z'" =0 ..vC ~ C) (,.) :~ ,"'-' ()' , . ~&....' :J" ~ '~:"-~~ ~~il :..< ;;:- co TIFFANY A. WHEELAND, Plaintiff V. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : DIVORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant : No. 01-3680 CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on t.t h...C( lo~ and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. q/029!(r~ Date ;fd/:tJ " ~ o (.;J o <1 o ~~ -:gG" C;l.l' ._~.l;.' Zi:.. (.f.''- ::;,?,,' r::;.\:.. 7(" ";Z-,' ",.:;"C' rS;; ~ -':.K.. ::r. '.:~ ("0.) f';> -"'0 r;? r.- t? TIFFANY A. WHEELAND, Plaintiff V. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : DIVORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant : No. 01-3680 CIVIL TERM CERTIFICATE OF SERVICE I, Nicholas Aloia, hereby certify that on this date I am serving a true and correct copy of the Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code, Counter- Affidavit Under Section 3301(d) of the Divorce Code, and Notice of Intention to Request Entry of Section 3301(d) Divorce Decree on the Defendant, by first class mail, addressed as follows: Robert V. Wheeland, Jr. 304 Market Street, Apt. #1 Lemoyne, P A 17043-1629-01 Date: 5' / ;),;;jo~ 4twf ~ Nicholas Aloia Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 o c: -.-. S. VI'T} n ,0. -]L;~_: """'-.'''. Zl. {f),,:' -<..,: r:'" ::<'- ~'('" Z -" 5>~ z ::;J " CJ (,1-) o --ll :r: .P'.t -,....~ --~) ~.~ :T; N l".J 1.. (.J .-l, . <on '(.:-; m "__.4' -~ :."> .......... =< -0 =~ N .. ... TIFF ANY A. WHEELAND, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W : DNORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant : No. 01-3680 CIVIL TERM PRAECIPE TO REINSTATE THE COMPLAINT To the Prothonotary: Please reinstate the complaint in the above-captioned case. '\)J(k._J\\c.1 x=" ~~~~ DEBRA HART MUNCHEL Certified Legal Intern ----:z- L ;-J- ~// v THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys TERI L. HENNING Staff Attorney F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Attorneys for Plaintiff Dated: July 20, 2001 (- , D ~ 'C (> ry o <3 o ~ TIFFANY A. WHEELAND, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DNORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant : No. 01-3680 CIVIL TERM PRAECIPE TO REINSTATE THE COMPLAINT To the Prothonotary: Please reinstate the complaint in the above-captioned case. '000,\.0_ ~~ ~ vrv-2\~~~ DEBRA HART MUNCHEL Certified Legal Intern 0L~J '\J THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Dated: September ~001 Attorneys for Plaintiff o c -otF !llPI ~e~ 0) c',: -< .,' r;: C-~ ;-:;; -- ~~ =2 ~~_.:; r...00 "'1 '0 r'<; .. =) \0 TIFFANY A. WHEELAND PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-3680 CIVIL ACTION LAW ROBERT V. WHEELAND, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 15, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 08, 2002 at 8:30 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: Isl Hubert X. Gilroy. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , rl eM;!?' if ~ ~ 40 e tJ. LJ II , * 'I nr- ~ ('tJ- Uol >{ F' ~ /?TV: t4; pi7 etl .0 (J! 2."1 ' ' i l ~..jJ ._--'-""-~---- --~,.~-_...-. C1 OCT 1 0 LOOt (/ Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYL VANIA TIFFANY A. WHEELAND, v. : CIVIL ACTION - LAW : DIVORCE AND CUSTODY ROBERT V, WHEELAND, Jr., Defendant : No. 01-3680 CNIL TERM ORDER AND NOW, this _ day of , 2002, upon consideration of the attached Petition to Modify the Custody Agreement, it is hereby directed that the parties and their respective counsel appear before , Esquire, Custody Conciliator, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to schedule a hearing for the day of , 2002 at , in Courtroom No. of the Cumberland County Courthouse, Carlisle. BY THE COURT, Edgar B. Bayley, J. TIFFANY A. WHEELAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : DNORCE AND CUSTODY ROBERT V. WHEELAND, Jr" Defendant : No. 01-3680 CNIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petitioner, Tiffany A. Wheeland, respectfully represents that on June 21 st, 2002, a Custody Agreement concerning the custody of Ethan Russel Wheeland, born February 6, 2001, was entered as an Order of Court, a true and correct copy of which is attached. 2. This Order should be modified because: a. Under the current custody order, Mother has sole legal custody and primary physical custody of Ethan Russel Wheeland, bom February 6, 2001. Father has supervised visitation of Ethan Russel Wheeland, as the parties agree. b. Mother believes that it would be in the best interest of the children to add Chase H. Wheeland, born February 19,2002, to the current custody order so that Mother shall enjoy the same custody rights for both children. WHEREFORE, the Petitioner, Tiffany Wheeland, respectfully requests this Honorable Court to schedule a custody conciliation conference where the parties may attempt to reach an agreement regarding physical custody of the children, and absent such an agreement, schedule a hearing to determine the merits of Plaintiff/Petitioner's Petition to Modify Order of Court, granting her primary physical custody of the children. Date: ~ --\<i~o ~ Respectfully submitted, f 1 /) /l O~ ~w~ ~ I (/,I1""kt,i '" '/ -~ fA / C cJ ,/) /1 (~~i\ ~ L KY6 '- F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 VERIFICATION I verify that the statements made in the Petition to Modify the Custody Agreement are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn falsification to authorities. Date: fs - /(.R~D2- ~ TIFFANY A. WHEELAND, Plaintiff :IN THE COURT OF COMMON PLEAS: :OF :CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW : DNORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant : No. 01-3680 CNIL TERM CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Petition to Modify the Custody Provision of the Order of Court was served on Respondent's counsel, by first class mail, by forwarding a true and correct copy unto: Robert V. Wheeland 328 South Enola Drive Enola, P A 17025 Date: / D - g - 03'- F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 '-\ '\'( ~ (') ~; C :. \'" ~ ^-'"") --\ ( ~;:; ',:;l .. ;"; ----------~ TIFFANY A. WHEELAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : DIVORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant : No. 01-3680 CNIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Tiffany A. Wheeland, Plaintiff, to proceed in forma pauperis. I, Georgina Howells, Certified Legal Intern at the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I I am providing free legal service to the party, [l~ Date: October 17, 2002 ; }'\2~{/( c/ C~0q(.u ROBER, INS THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243- 2968 D '" () o -t- ..J ~ ,.J " ~ t' .~_.., '~ <--' ; ~.._) :::J --."J '0\ ._.1 .-1 NOV 1 3 2002 ~ TIFFANY A. WHEELAND, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROBERT V. WHEELAND, JR., Defendant NO. 01 - 3680 CIVIL IN CUSTODY COURT ORDER AND NOW, this 4 day of November, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tiffany A. Wheeland, shall enjoy sole legal and primary physical custody of Chase H. Wheeland, born February 19, 2002; and Ethan Russel Wheeland, born February 6, 2001. 2. The Father may enjoy periods of visitation with the minor child at such times as agreed upon and under such circumstances as dictated by the Mother. 3. This order is entered pursuant to a recommendation made by the conciliator after a custody conciliation conference. In the event the Father desires to modify this order, the Father must petition the court to have the case again scheduled with the conciliator for a custody conciliation conference. 4. Counsel for the Mother shall serve a copy of this order on the Father by mailing a copy of this order certified mail and regular mail to Father's last known address. J. cc: Georgina A. Howells Dickinson School of Law Family Law Clinic ~ ..~v~ //_ /.5~' ()~ ~ i '! TIFF ANY A. WHEELAND, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROBERT V. WHEELAND, JR., Defendant NO. 01 - 3680 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Chase H. Wheeland, born February 19, 2002; and Ethan Russel Wheeland, born February 6, 2001. 2. A Conciliation Conference was held on November 8, 2002, with the following individuals in attendance: The Mother, Tiffany A. Wheeland, with her representative, Georgina A. Howells of the Dickinson School of Law Family Law Clinic. 3. The Father, Robert V. Wheeland, Jr., did not attend. Counsel for the Mother suggested she tried to serve Father at his last known address. Mother indicated she has not seen Father for over 1 year. Mother already has a custody order at this term and number for Ethan, and now seeks that the custody order include Chase. 4. The conciliator recommends the entry of an order in the form as attached. II/fI/OQ DATEl TIFFANY A. WHEELAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : DNORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant : No. 01-3680 CNIL TERM CERTIFICATE OF SERVICE I, Georgina A. Howells, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Order dated November 14,2002, on Robert V. Wheeland, Jr., at his last known address, 4240 Williamsport Road, Harrisburg, PA 17112, by regular mail and also by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested on the 5th day of December, 2002, as evidenced by the attached certified mail receipt and postmark thereon. fila Date: 1'2 -"S'-- () 'l FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 u.s. Postal Servic4i " CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage ProVIded) OJ ..JJ ~ HARRISBURG PA 17112 OJ 0::[1 ~ ~ Postage $ $0.37 Certified Fee 0013 21 Return Receipt Fee rn (Endorsement Required) CJ CJ CJ Restricted Delivery Fee (Endorsement Required) $1.75 $3.50 CJ Total Postage & Fees .-=1 U1 OJ .-=1 CJ CJ l"- Cl l'-' C) r.' c; o c ~.-~ -ocr" r.!l L' .L- .r>- 2": c {r'" ::; ~: ~', ,.-_;? t... ~-(--~ /C~. ?S -(, <..f" -0 .,...-- o -n ..\ ;-.,i..: :,.-:-,\' _4-\ :;:'" .- .... , .~. 0<'.:,\ ~~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE AND CUSTODY TIFF ANY A. WHEELAND, Plaintiff ROBERT V. WHEELAND, Jr., Defendant : No. 01-3680 CIVIL TERM PRAECIPE TO REINST ATE THE COMPLAINT To the Prothonotary: Please reinstate the complaint in the above-captioned case. ~~ Nicholas Aloia Certified Legal Intern rJ.ut/-r()-i~~uJ4tl THOM~ ~PLACE ROBERT E. RAINS Supervising Attorneys LUCY JOHNSTON-WASLH Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 Attorneys for Plaintiff Dated: February 13, 2003 4::- \tV "'IS 'j - a. VJ ;rr tS {;oJ -, ("') C-, c..'; "'-' -' 1':;- - TIFF ANY A. WHEELAND, Plaintiff V. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : DIVORCE AND CUSTODY ROBERT V. WHEELAND, Jr., Defendant : No. 01-3680 CIVIL TERM CERTIFICATE OF SERVICE I, Nicholas Aloia, hereby certify that on this date I am serving a true and correct copy of Praecipe to Transmit Record and Vital Statistics on Robert V. Wheeland, Jr., 304 Market Street, Lemoyne, P A, 17043, Apt. 2, by placing a copy of the same in the United States mail, first class, postage prepaid. Date: 5,-,-,^~ J. b )oa~ ) ~/~ Nicholas Aloia O'i (y <;,~ a ~ --Q \~? 0.;'::'" -tz (, ell';' I'v ~"~. ~-C', ~~~:: ~ :4. r,.) (y, <".~ \::~ ,""" ~-, '-" .' - Cr)