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Home My WebLink About05-5408 MICHELE MARIE LINDLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO. D5: - S4&> C~uJ./~ WILLIAM AARON SULLIVAN, Defendant CIVIL ACTION - CUSTODY COMPLAINT FOR SOLE CUSTODY 1. The Plaintiff is MICHELE MARIE LINDLEY, who currently resides at 1200 Market Street, Unit 17, Lemoyne, Cumberland County. 2. Defendant is WILLIAM AARON SULLIVAN, who currently resides at P.O. Box 13839, Charleston, West Virginia 25360. 3, Plaintiff seeks custody of the following children: Name Kylie Sullivan Present Residence Age 9 Tara Sullivan 1200 Market Street, Unit 17, Lemoyne, Cumberland County, 1200 Market Street, Unit 17, Lemoyne, Cumberland County. 7 The children were born to the marriage. The children are presently in the physical custody of plaintiff mother, who resides at the address in paragraph 1 in Cumberland County, Pennsylvania and has resided in Camp Hill, Pennsylvania for the past year. During the past five years, the children have resided with the following persons and at the following addresses: I. Mother Camp Hill, P A August 2004 to present Step father Brother 2, Mother Step father 107 9th A venue August 2003 to August 2004 S. Charlestown, WV 3. Mother 1513 Cresent Road 1999 to August 2003 Charlestown, WV The mother of the children is Michele M. Lindley, Plaintiff, currently residing at the address in Paragraph 1. She is re-married and living separately from defendant. The father of the children is William Sullivan, Defendant, currently residing at the address in Paragraph 2. He is re-married and living separately from plaintiff. 4, The relationship of defendant to the children is that off ather. The defendant currently resides with his wife and stepchildren. 5. The relationship of the plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: Husband - Josh Sullivan Children - Kylie Sullivan Tara Sullivan Infant child 6. Plaintiff has participated as a party in a custody action concerning the custody of the children in the Family Court of Kanawha County, West Virginia, Civil Action No.OO-D- 2202. A copy of the order is attached hereto. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of any 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 children. 7. The best interest and permanent welfare of the children will be served by granting plaintiff sole physical custody and legal custody of said minor children with appropriate supervised visitation to father. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody ofthe children have been named as parties to this action. WHEREFORE, plaintiff respectfully requests your Honorable Court to grant sole physical and legal custody rights to plaintiff. Law Offices of Susan K. Pickford 3344 Trindle Road Camp Hill, PA 17011 717-612-1660 Supreme Court 10 # 43093 1 verity 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,~ 4904 relating to unsworn falsification to authorities. '1,~14;) DATE: 10 - /1- C .j- AFFIDAVIT OF SERVICE I, Susan K. Pickford, Esq. attorney for the Plaintiffs, hereby certify that on this date I served a copy of the within Complaint in Custody upon Respondent's counsel of record by first class mail, postage prepaid, addressed as follows: // /~~ ..i4:~.-.. O/~ 3~::T~~c oad ESj/ Camp Hill, PA 17011 ID# 43093 (717)612-1660 Walter L. Wagner, Esq, P.O. Box 278 Dunbar, West Virginia 25064 /0:>-ft-S- date I MICHELE MARIE SULLIVAN, ,"- IN THE FAMILY COURT OF KANAWHA cOUAt::!lYff-l VIRGINIA 02 JUt 3'" "" 411.'0: 2 7 "Jj,~ . (C~Okyt,on No, 00-D-2202 Petitioner, v. WILLIAM AARON SULLIVAN, Respondent. FINAL ORDER DIVORCE On the 22nd day of April, 2002, the Petitioner appeared in person and by her counsel, James Pierson, and the Respondent appeared in person and by his counsel, Walter L. Wagner, at which time this Court found that it had proper jurisdiction and the parties agreed to a divorced on the grounds of irreconcilable differences. On the 2nd day of July, 2002, the Petitioner appeared in person and by her counsel, Anne E. Shaffer, who was substituted for James Pierson, and the Respondent appeared in person and by his counsel, Walter L. Wagner, for a final hearing of divorce. After having sworn the parties, taken testimony, and after discussion on the record, the Court makes the following findings of fact and conclusions of law and orders: 1. The petitioner, Michele Marie Sullivan, is.a legal and bona fide resident of the State of West Virginia and has been for one year preceding the filing of this action for divorce and is a resident of Kanawha County. 2. The respondent, William Aaron Sullivan, is a legal and bona fide resident of the State of West Virginia and has been for one year preceding the filing of 1 ,\..... C"'h C. All bank accounts in her name. This Final Agreed Order of Divorce shall act as a bill of sale of all of those items. The Petitioner shall be responsible for all such items and shall hold the Respondent harmless thereon for any claims of any nature whatsoever arising out of the ownership of the same. 14. The Respondent shall be solely responsible for the following marital debts and shall hold the Petitioner harmless thereon and indemnify her: A. Discover Card # 6011 0042 0011 322.; 15. The Petitioner shall be solely responsible for the following marital debts and shall hold the Respondent harmless thereon and indemnify him: A Lowes; B. Sears; C. Visa; and D. HEAF loans. The Court finds that the Petitioner has already retired the debt as to the first three listed items. 16. The Court finds that the Respondent has not paid the insurance on the Petitioner's car as ordered in the Temporary Order of this Court and, accordingly, the Petitioner is entitled to judgment against the Respondent in the amount of Nine Hundred Dollars ($900) therefor. The Respondent objects to such judgment on the ground that this Court did not order payment of insurance at any hearing but, rather, such provision was added to an order after the hearing and was entered over the Respondent's objection. The Respondent's objection is duly noted and preserved. 4 17. The Court further finds that the Respondent sold the Chevy Cavalier and realized $1,000 therefor and that the Petitioner is entitled to an award of $500 as her equitable distribution of that item of marital property. Accordingly, the Petitioner is entitled to judgment against the Respondent in the amount of Five Hundred Dollars ($500). The Respondent objects to such judgment on the ground that the car was undrivable and he had to provide himself with some transportation. The Respondent's objection is duly noted and preserved, 18. Except for the division of assets set forth herein, the parties hereby waive all claim which they may have to any other assets now in the name of the other party or to which the other party may become entitled now or in the future, including, but not limited to, social security retirement income, or any other benefits of either party. 19. The Respondent has not visited with the minor children for over two years preceding this final hearing and, accordingly, the Respondent's visitation, which may occur once per weekend, should be limited to monitored visitation through the YWCA Monitored Visitation & Exchange Center so that the children are afforded an opportunity to get to know their father again. The Respondent shall, once sufficient contact has been established, be permitted to petition this Court for further parenting time with the children in the future provided that he avails himself properly of the monitored visitation and it appears in the best interests of the children to award further or different visitation. The Respondent objects to such finding by the Court and his objection is duly noted. 20. In order to further facilitate a bond between the Respondent and the children, the Respondent should be awarded telephone visitation with the children 5 ~ every Tuesday and Thursday at 6:30 p.m. and the Petitioner will be responsible to have the children available at such time for such telephonic visitation, ORDER Based upon the agreement of the parties heretofore set forth above as findings and conclusions of the Court, it is ADJUDGED and ORDERED: 1, That the parties be, and they hereby are, divorced on the grounds of irreconcilable differences; 2. That all agreements set forth above be, and the same hereby are, adopted, ratified and incorporated herein as a part of this Final Order to the end that the division of property be, and the same hereby is, ordered. 3. That the Findings of Fact and Conclusions of Law set forth herein be ratified, confirmed and incorporated into this Order. 4. That the Respondent shall pay unto the Petitioner the sum of Two Hundred Forty One Dollars and Eighty Seven Cents ($241.87) per month beginning August 1, 2002, in support for the two minor children, and continuing every month thereafter with a payment of Two Hundred Forty One Dollars and Eighty Seven Cents ($241.87) on the first of every month until such children reach the age of eighteen, die, are married or are sooner emancipated; provided, however, that should a child reach the age of eighteen prior to graduation from secondary school, child support shall continue until graduation; provided, however, that in no event shall child support 6 continue after age twenty. 5, That the Respondent shall provide health insurance, of whatever type is offered by his employment, whether health, eye, dental, or other, so long as such is available to him through employment and that the parties shall share the expenses over and above insurance 50% by the Respondent and 50% by the Petitioner. 6. That the Respondent is ordered to pay the entirety of the Discover Card, account number 6011 0042 0011 322~which is in the name of the Petitioner, but shall not be considered from this day forward her debt in any manner whatsoever and the Petitioner is ordered to cancel the card and to make no more further purchases on such card effective the date of the hearing; 7. That the alimony hereto ordered shall cease upon entry of this order and upon payment of debt set forth in the preceding paragraph, in such debt's entirety, the Petitioner's claim for alimony shall be forever extinguished and barred; 8. That the Petitioner is awarded judgment against the Respondent in the amount of $1 ,400 for arrearage in insurance and for other distribution and that the Bureau of Child Support Enforcement is ordered to collect the same for the Petitioner through withholding; 9. That the Respondent shall, forthwith, be permitted to visit with the two minor children once per weekend beginning the weekend after entry of this Order at the YWCA Monitored Visitation & Exchange 7 Center, and shall have telephonic visitation with the children every Tuesday and Thursday at 6:30 p.m. ; 10. That the Clerk of the Circuit Court is hereby directed to provide certified copies of his Order to counsel for the Petitioner, to counsel for the Respondent, and to the Bureau of Child Support Enforcement. IT IS SO ORDERED this the '?o day of ~ ' 2002, ~~ Family Court Judge Submitte or Approval by the Court by: Served via facsimile upon: Walter L. Wagner, Bar No. P.O. Box 278 Dunbar, West Virginia 25064 Counsel for Respondent Pursuant to the Family Court Rules, you have 5 days within which to object to the entry of this Order. D." "il-~~ :T"....::':i""'l'l5,wl\) a= P,c:c;:e; (p/MIeincflcale) ~.eIaSrnall ~..."" ~ STATE OF WEST VlRI3IN\A. COUNTYOFkANAWHA,ss I, CATHV S. ~lSON CI.ERK OF cmcurr COURT ~Hf~~~~~..!.E..ERTIFYlHAT~E~~~ .-- 'I"'II;:~OFSAlDCOURT I lit ~--~. ~~ CIACOO _ACOUh1"Y, WEST VII....... CUIlI< 8 rJ -{q. ,...> AJ C-:":) :~') ~ '- ~... -. -n #- ...... 8 =-":'1 ':"'-- ( -~l '-;i'i.?J -'-. --, V) -"'1 G --- D- --.; ~ -cJ 1? -" p:: .. c..) .-:J en 12 U~ --t:- PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA MICHELE MARIE LINDLEY V. 05-5408 CIVIL ACTION LAW WILLIAM AARON SULLIVAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, ._\Vedn.esllay, O~tnher 12.,}OO~._.____, upon considcration of the attached Complaint. it is hereby directed that parties and their respective counsel appcar before Jacqueline M. Verney, Esq. . thc conciliator, at......_ 4th Floor, ~."mberla.~".c:.o\lnty<::()u~t~o.~s.e, <::..EIi.s.'''.. on. ._ Tu"sd..r,1'.()"el11~er}2,20Q:; at 10:35 AM for a Pre-Hearing Custody Conference. At such confercnce, an effort will be made to rcsolve the issucs in dispute; or if this cannot bc accomplished. to define and narrOW the issues to be heard by the court, and to enter into a temporary order. All children agc live or older may also be present at the confercncc. Failure to appear at the confcrence mav provide grounds for entry of a temporary or permanent order. The court hercby directs the partics to furnish any and all existing Proteetion from Abusc ordcrs, Special Rclief orders, and Custody ordcrs to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /0./ Tacqueline M. Verne",~ Custody Conciliator f' 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 bef()re the court, please contact our of1ice. 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORnI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedt(lfd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 I 66 . w:! ~ ~ - ~ 14; >>blOI ~ iF'''' k % ~ '!7J'1/, S7 61cr k,/ f;r ~ ~;k$?pl Si/ II (J/ i' ;, N) .~. ill C \ \ .""\, r'\',!'} ",," . l ,,' ). ~."''') ~uUv . i-t" - -.:ii~;~',7~~ "T;~:~'~ I .. "~ " .'. '. ,~"; MICHELE MARIE LINDLEY, Plaintiff r NOV 3 0 ~J5 i : IN THE COURT OF COMMON pL~nsOji',,1.c..~~J : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM AARON SULLIVAN, : NO. 2005-5408 CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /~ dayof L<f~~/lJ , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. t../ , ofthe Cumberland County Court House, on the .;'9 ~ day of 1;1 ti /J /' A , 200~, at I: 3 () o'clock, I . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party, or a pro se litigant, shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2, Pending further Order of Court or agreement of the parties, the Orders of Court of Kanawha County, West Virginia, dated April 22, 2002, August 9, 2004 and August 25, 2005 shall remain in full force and effect with the following modification: 3. Telephone calls between Father and the children shall take place on Mondays at 6:30 p.m. and Thursdays at 5:00 p.m. 4. The parties may modifY this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. 7~ !l L, l 0(, 1.- : ,),~ ~, i .., cc: Susan K. Pickford, Esquire, counsel for Mother William Aaron Sullivan, pro se P.O. Box 13839 Charleston, WV 25360 (J -) -05 (l . ~ , .~ Jl1> ~-:;;;,._..~, :.,.-.-. , \JQV :I 0 2005 MICHELE MARIE LINDLEY, Plaintiff ; IN THE COURT OF COMMON PLEA-S OF : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM AARON SULLIVAN, ; NO. 2005-5408 CIVIL ACTION - LAW Defendant ; IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kylie Sullivan Tara Sullivan March 8, 1996 June 2, 1998 Mother Mother 2. A Conciliation Conference was held November 29,2005 with the following individuals in attendance: The Mother, Michele Marie Lindley, with her counsel, Susan K. Pickford, Esquire, and the Father, by telephone, pro se. 3. The Honorable Jane Charnock Smallridge, of the Farnily Court of Kanawha County, West Virginia entered previous Orders of Court dated April 22, 2002, August 9, 2004 and August 25,2005, providing for Mother to make the majority of decisions concerning the children and to have physical custody with Father having monitored visitation and telephone calls twice per week. The Honorable Kevin A Hess entered a Temporary PF A dated November 29, 2005 providing for Mother to have temporary sole custody of the children. The PF A hearing is scheduled for December 7, 2005. 4. Mother's position on custody is as follows: Mother seeks sole legal and sole physical custody with Father having supervised visitation and telephone calls twice per week. Mother was permitted to relocate to Cumberland County by Order of Court of Kanawha County, dated August 9, 2004. The children have lived in Cumberland County more than one year and Mother seeks a Cumberland County Custody Order. Mother maintains that Father has only visited with the children twice in the last year, at Cl Christmas 2004 and July 4th, 2005 both when Mother was visiting her family in West Virginia. Father does exercise his twice weekly telephone contact with the children but recently refused to modii)' the telephone schedule to accommodate the children's extracurricular activities such as girl scouts. (At the Conciliation Conference, Father did agree to accommodate the girls' schedule, however.) 5. Father's position on custody is as follows: Father objects to the jurisdiction of the Pennsylvania Courts, claiming that the Kanawha County, West Virginia Court still maintains jurisdiction. He asserts that Mother continues to deny him contact with the children, and that Mother's filing in Pennsylvania is in retaliation for him filing for contempt in West Virginia resulting in the Order of August 25,2005. Father requests accommodation for his disability (unable to travel) asking that he participate in the custody hearing by telephone. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the current Orders from West Virginia with the time change for Father's telephone calls. It is expected that the Hearing will require one-half day. 11-;)60)- Date ~ ,. I(t . VL acq line M, Verney, Esquire Custody Conciliator MICHELE MARIE LINDLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs : N0.2005-5408 WILLIAM AARON SULLIVAN, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR RELIEF TO END COURT-ORDERED PHONE CONTACT I. Petitioner's name is Michele Marie Lindley, 2. This Petition is filed on behalf of Plaintiff and her minor children. 4. The children of Petitioner and Respondent are Kylie Sullivan age 9 and Tara Sullivan age 7. 3. Pursuant to Court Orders dated November 29, 2005 (PFA attached hereto as exhibit "A") and December 1,2005 (Custody, attached hereto as exhibit "B"), Plaintiff was to place two phone calls during the week to Defendant on behalf of the children to facilitate contact between the children and their father. 4. From December 19, 2005 to present, Respondent, father has refused to accept phone contact from his daughters. (See transcripts of recorded calls, exhibit "c" attached). 5. Respondent's new wife has been belligerent, threatening and uncooperative on the phone with Petitioner and refuses to put the calls through to Respondent. (see exhibit "c" attached). 6. On or about January 4, 2006, counsel for Petitioner sent a letter to Respondent advising him of the fact that his wife was not allowing the calls to go through. Counsel received no response to that letter, nor was it returned. (See exhibit "D" attached). 7. Respondent has shown no credible interest in having contact with his children and, in fact, has encouraged or knowingly permitted abusive responses and interference by his current wife. 8. Continually attempting to make the calls to the father in order to comply with the current court orders is unproductive and extremely stressful for Petitioner/mother and the children and is not in the best interests ofthe children. , . 9. The Custody Hearing scheduled in this matter is set for March 29, 2006, WHEREFORE, Petitioner respectfully requests this Honorable Court to amend the prior order relieving Petitioner of the responsibility of placing phone calls to the Respondent until further order of court. , Susan K. Pic ord, Es Attorney for Petition 3344 Trindle Road Camp Hill, PA 17011 ID# 43093 (717)612-1660 MICHELE MARIE LINDLEY, Plaintiff . vs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. WILLIAM AARON SULLIVAN, : CIVIL ACTION - PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is William Aaron Sullivan. Defendant's Social Security number is 463-43-1409. Defendant's date of birth is 10/18/1970. Names of All Proected Persons, including Plaintiff and minor children: Michele Marie Lindley Tara Sullivan Kaylie Sullivan Zachary Lindley AND NOW, this ;l?(J/ dayof Ai~I/~Mb~" ,2005,upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: I. Defendant sha1I not abuse, threaten, harass, or sta1k any of the above persons in any place where they may be found, 2. Except for such conduct with the minor children as may be pennitted under Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff and/or minor children, at any location, including but not limited to any contact at Plaintiffs or children's school, business or place of employment. 3. Except for such conduct with the minor children as may be pennitted under Paragraph 4 of this Order, Defendant shall not contact Plaintifl: Plaintiff's relatives or Plaintiff's children by telephone or any other means, including through third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary sole custody of the foUowing minor children: Tara SulIivan and KyJie Sullivan EX/f/6'T /1 may be arrested on the charge of Indirect Criminal Contempt An arrest for violation of this Order may be made without warrant, based solely on probable cause, whethei- or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used dining the violation of this Order OR dwing prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: k/ K'AH...__A2 .110-<1-j) I . 'J. Ih.J..q-OS DATE '------ TRUE COPVFROM RECORD In TlItInlonywhereOf.1 here unto sot my hand ....S;f,~. " ~ ' - .f ~ ' .._I~;"~ary~ -r-"E~ C' r- '''V~l"'''ir)-' J.:'..Jl~..... ~_.....J[~,,(.Il ./.::'~"...JL MICHELE MARIE LINDLEY, Plain tiff NOV 3 0 2005 : IN THE COURT OF COMMON P ~X~Olf ~.. : CUMBERLAND COUNTY, PENNSYL VANIA V. WILLIAM AARON SULLIVAN, : NO. 2005-5408 CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT / AND NOW, this (t; ~. day of _'Ot ~Jur ' 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. A Hearing is scheduled in Court Room NO.~, of the Cumberland County CONrt House, on the ,14 day of tuur..fA .' 200fc-., at fl36 o'clock, -L" M., at which ti;;;TeStimony will be taken, For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially wilh testimony. Counsel for each party, or a pro se litigant, shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Orders of Court of Kanawha County, West Virginia, dated April 22, 2002, August 9,2004 and August 25, 2005 shall remain in full force and effect with the following modification: 3. Telephone calls between Father and the children shall take place on Mondays at 6:30 p.m. and Thursdays at 5:00 p,m. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ,.TRUE ("OPY FROM RECORD '.:!l1.ltllllOny w!le1"6of. I here unto S8I my hano . "l the jlea/ of u. .. Court. Carlisle Pa I.i!' ($1- ' . . . ...2q'l) ( (~J ~C. I-LL." Kevin A. Hess, 1. 0/1/6/ T 6 (~), ATTEMPTED PHONE CONTACTS 12-19-05 throu2h 1/23/06 Caller advised that conversation was being taped 12/19/05 at 6:43 Charlene (defendant's wife): Hello Michele (Plaintiff): May 1 speak to Bill, please? C: Who is this calling? M: 1...1 need to speak to Bill Sullivan. C: Who is this calling? M: You have caller ID Charlene, put him on the phone. This...this conversation is being recorded. C' Who is this calling? M: Are you avoiding a phone call? C. Not until you can announce your name. You can call back later, honey. Bye Bye. (hangs up) 12/19/05 at 6:44 C: Hello M: 1 need to speak to Mr. Sullivan. This is his ex-wife. C: And your name is? M: He knows who 1 am. C: Your name is? M: This is being recorded and it will be used in court that you are avoiding my calls. C: Ma'am, he has two ex-wives. Your name is? M: It is the one concerning his children, Kylie and Tara Sullivan. C: OK, and who might that be? M: Are you avoiding a phone call? Because this will be used in court. C: Ma'am, what is you name? M: 1 am his ex-wife. C: And your name is? M: 1 am calling concerning Kylie and Tara Sullivan. Are you willing to accept this phone call? Extt/6'T C C: Your name is? M: I said Kylie and Tara Sullivan. C: OK, he has three children...and your name is? M: No, he has four but... C: Your name is? M: Are you accepting this phone call, Charlene? C: Your name is? M: Are you avoiding this? This is twice.. C: Ma'am... M: This is his ex-wife and I am calling concerning his children, C: I told you, he has two ex-wives. Your name is? M: Does he have two children named Kylie and Tara? C: I don't know which one that belongs to. M: Then ask him. Put him on the phone, C: Ma'am, what is your name? M: That's two, Charlene. c: OK What is your name? M: This is long distance and it will be on my bill and I will have evidence C: Your name is, I've had plenty of those, and your name is? M: I need to speak to Bill concerning his children. C: Well, I told you when you can identify yourself, you can speak... M: I identified his children. C: (hangs up) 12/19/05 at 6:49 C: Hello M: I'm calling Mr, Sullivan concerning his children Kylie and Tara Sullivan and their visit for December. I need to speak to Mr. Sullivan only please. C: OK. Who am I speaking to 'cause this phone is in Charlene Gillenwater's name. Who am I speaking to? M: Does Mr. Sullivan live at this residence? This is the nwnber he was giving. C: Excuse me, this is in Charlene Gillenwater's name. Who am I speaking with please? M: This is the number he gave in reference to his children. C: OK May I ask who I am speaking with? M: No ma'am you may not. C: OK, then you may not speak to whom ever lives here. M: OK, then he will not have... C: (hangs up) DURING CHRISTMAS V ACA TION Call placed by Plaintiff (Michele) Answering machine picks up Message left: "Bill, this is Michele. I'm calling for the kids. We'll call back Friday." Second call placed Answering machine picks up Message left: "This if Friday the 30th. This is the 2nd time I've called this week. You missed your visit with the girls while we were in West Virginia, I will call back next week." 1/3/06 at 6:34 C: Hello. M: Uh, yes, this is on record and I would like for you to repeat what you just said. C: Ma'am, I don't know who this is. M: This is calling on Kylie and Tara Sullivan C: Hangs up 1/3/06 at 6:35 C:Hello M: I'm calling for Bill Sullivan C: Ma'am may I ask who is calling? M: I'm calling for Kylie and Tara Sullivan C: OK Ma'am are you mentally incompetent for saying your... M: This is recording for court purposes C: OK can you tell me who this is? M: I'm calling for Kylie and Tara Sullivan C: OK That's your name, Kylie and Tara Sullivan? M: I'm calling to speak with Bill. C: If you call me back again and harass me again, I'm gonna to get you on phone harassment. M: I'm calling on a court order. I have to make this phone call. C: Ma'am, did you hear what I told you? I don't care what kinda court order you got. They're not on me. Have a great evening. (hangs up) M Calls back C: Hello M: This is being recorded. May I speak to Bill, Please? C: May I ask who is calling, ma'am? M: I'm calling for his court ordered phone call with Kylie and Tara Sullivan. C: OK. I understand that but who am I speaking with? M: May I speak with Bill, please? C: Ma'am, who am I speaking with? M: The person responsible for getting Kylie and Tara on the phone. C: OK I understand that but what... M: So, may you please put him on the phone? This is being recorded. C: Who is it ma'am, so that I may relay the message. M: You can relay the message that his children would like to speak with him. C: I have nothing to say since you can't identify yourself. Have a great evening. Charlene Hangs up lI10/06 Call Hang up Call Hang up 1/13/06 Call Hang up Call Bill: "F*** off]" hangs up 1/16/06 Call Hang up 1/19/06 C: hello M: May I speak to Bill, please? C: No you may not. May I ask who is calling? M: You said "no" before you asked. I'm calling for Kylie and Tara Sullivan. This is recording for a court order. C: You never identify yourself. You call on a West Virginia wire caller phone, then you call on a ~ a - I don't know what the area code is .,.let me look right here...?!?... M:Yes C: I know - I do not know who you are and you know what? You are a dirty bitch and don't you call my home again. M: Thi sis being recorded for court purposes. C: Don't you over talk me. M: This is recorded for court purposes. C: I don't care what the F*** you take to court. Take you ass and my pussy with ya! I don't care what you take to court girl! Take it! You're a dirty, low down, dirty whore, All you care about is money and getting another man to have you a baby and...so you can get money off another man. You know what, kiss my and William's ass and take that to the judge and tell him I said kiss it too baby! Charlene hangs up 1/23/06 C: Yes M: May I speak to Bill, please? C: May I ask who is calling M: I'm calling for Kylie and Tara Sullivan c: OK. No one has anything to say to you. You have a great evening, honey. Hangs up. S<<4a1t ~, f'~ ~ 4t.4a. 9944 7'11Mi4 :&U.. tJ-f,~. 'PA 170fT tU- ?1?-6"-f660 . ~ ?f?-6fl!!-0!175 U I' ,. Ii ! . ., January 4, 200s William Aaron Sullivan Rt 5 Box 387 J Charle:lton, West Virginia RE: Phone CIIlJs with TIU'IJ ad Kylie Sullivan Dear Mr. Sullivan: It is my understanding that you are not represented in the matters pending in the Pennsylvania courts concerning your daughters. As such I am contacting you directly regarding the court ordered phone contacts. As you are aware the court ordered two phone calls per week to be placed by Mrs. Lindley for her daughters to speak with you. Mrs. Lindley has reported to me that your current wife has refused to allow the calls to go through indicating that you do not wish to speak with your children. She has also told Mrs. Lindley not to call your number again. Furthenoore she has threatened Mrs. Lindley with filing criminal charges for phone harassment if she calls again. Mrs, Lindley is under court order to make these calls. If it is your wish not to receive the calls from your daughters, please let us know directly and in writing so that we can ask for a modification of the court order, If your wife has been interfering with calls you wish to receive you will need to make whatever arrangements necessary to have her allow the calls to come through. If this behavior continues, we will ask for a modification with or without your input. ~-- usan K. Pickfor Cc: Michele Lindley l: ;<H /6 /7-' ]) MICHELE MARIE LINDLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO.2005-5408 WILLIAM AARON SULLIVAN, CIVIL ACTION - LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE I, SUSAN K. PICKFORD, ESQ, the undersigned, hereby state that I served a copy of the Petition in the above-captioned action upon the Defendant by placing the papers in the mail to the following address: P.O. Box 13839, Charleston, West Virginia on the 30th day of January, 2006 at approximately 8 o'clock a.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.s 4904 relating to unsworn falsification to authorities. dM~l. SAN K. PIC ORD Susan K. Pickford, Es . Attorney for Petitioner 3344 Trindle Road Camp Hill, PA l701l ID# 43093 (717)612-1660 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.g 4904 relating to unsworn falsification to authorities. ? ) DATE: /-')ti-c{..r f:'l ~~ "'-- >0 ~ -:B w r-- r k? \) C> (> ~ J r--.) C) ~?:~ " ~. ~t.. ~.. '). <<~:t> -ry '~(~ 1:>) ::>-.. [n n c___ ~) " ,".r.:) ~~ MICHELE MARJE LINDLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-6097 CIVIL -" ')' - 5YCiif../ WILLIAM AARON SULLIVAN, Defendant PROTECTION FROM ABUSE IN RE: PETITION FOR RELIEF ORDER AND NOW, this 10 ~ day of February, 2006, a rule is issued on the defendant to show canse why the relief requested in the within motion ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, ,tttL ,. ('. Ie'> \., \ c::- t '" --- c ~ I;' '; 0-., ~ 'l \\ '. ,. -.t ~ -",," , ~'i '<\. '-^ ~'" ...... ~'-.j €. t~