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Home My WebLink About05-6153 o Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT T. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY KELLI S. WYLAND, Defendant . NO. D~- fo/~.J Ct.UL-L ~~ NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB 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 rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IFYOUDO NOT HA VB 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 Two Liberty Avenue Carlisle, Pa 17013 (717) 249-3166 ... Barbara Sumple-SuUivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (7]7) 774-1445 SCOTT T. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY KELL! S. WYLAND, Defendant . NO. O{; - b l~-3 CUSTODY COMPLAINT Cl:',L~~ I. The Plaintiff is Scott T. Wyland (hereinafter referred to as "Father"), who currently resides at 57 South Terrace, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. The Defendant is Kelli S. Wyland (hereinafter referred to as "Mother"), whose current mailing address is 212 Loring Court, New Cumberland, York County, Pennsylvania 17070. 3. Plaintiff seeks the entry of a Court Order as it pertains to the following children. NAME RESIDENCE Olivia Marie Wyland 212 Loring Court New Cumberland, P A 17070 and 57 South Terrace Wormleysburg, PA 17043 Luke Andrew Wyland 212 Loring Court New Cumberland, P A 17070 and 57 South Terrace Wormleysburg, PA 17043 1 DATE OF BIRTH October 5, 2000 December 11, 2002 .- 4. The children are presently in the shared equal custody of Father and Mother and living in those designated residences. 5. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOLD Mother and Father 10/5/2000 to 10/14/2005 57 South Terrace Wormleysburg, PA 17043 10/14/2005 to Present 57 South Terrace W ormleysburg, P A 17043 and 212 Loring Court New Cumberland, PA 17070 Father and children Mother and children 6. The Father of the children is Scott T. Wyland, whose current mailing address is 57 South Terrace, W ormleysburg, Cumberland County, Pennsylvania 17043. 7. The Mother of the children is Kelli S. Wyland, currently residing at 212 Loring Court, New Cumberland, York County, Pennsylvania 17070. The parties are currently separated from each other. 8. The relationship ofthe Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: NAME Scott T. Wyland RELATIONSHIP Self 2 Olivia Marie Wyland Luke Andrew Wyland Child Child 9. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following persons: NAME KeUi S. Wyland Olivia Marie Wyland Luke Andrew Wyland RELATIONSHIP Self Child Child 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe children in this or another court. II. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested The parties have reached a comprehensive custodial plan which they desire be entered as an Order of Court. 14. Each parent whose parental rights to the children have not been terminated and the 3 DATE: November 30, 2005 / ( Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. 32317 ,- person who has physical custody of the children have been named as parties to this action WHEREFORE, the Plaintiff requests the Court to grant the entry ofthe parties' Agreement as an Order of Court. 4 v. CIVIL ACTION - CUSTODY - Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 77 4-1445 SCOTT T. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KELLl S. WYLAND, Defendant NO. VERIFICA nON I, Scott 1. Wyland, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities. Dated:}I;/.Pj ,2005 &J-~: ~ !J ~ ~ ~ (} - ~ -:{ t!") -J =t: ~ p: "C? ::0 ~ ~ r'. .J ~ " 'il ~-:-j t,) C,) ,~ \_:J KELL! S. WYLAND, Defendant . NO. () [; - US- .3 C~(J~L~~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT 1. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY STIPULATION REGARDING CUSTODY THIS AGREEMENT is made thisldiiJay of Ddok ,2005, by and between Scott 1. Wyland, (hereinafter referred to as "Father") an adult individual residing at 57 South Terrace, Wormleysburg, Cumberland County, Pennsylvania, and Kelli S. Wyland, (hereinafter referred to as "Mother") an adult individual residing at 57 South Terrace, Wormleysburg, Cumberland County, Pennsylvania. WITNESSETH WHEREAS, Mother and Father are the natural parents of two (2) minor children, Olivia Marie Wyland, born October 5, 2000 and Luke Andrew Wyland, born December 11, 2002. WHEREAS, the parties are separating and will be living in two (2) separate residences; WHEREAS, the parties have reached an agreement concerning their parenting plan for their children; I 2 WHEREAS, the parties desire the agreement to be incorporated as an order of court. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: A. Lel!al Custodv: It is in the best interest of the minor children for the continuation of shared legal custody of the minor children. The parties agree that major decisions concerning the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. B. Phvsical Custodv: The parties shall enjoy shared equal physical custody of the minor children on the following schedule: 1. Week 1: Father shall have custody of the minor children from 5:00 p.m. on Friday overnight through 5:00 p.m. on Monday. Mother shall have the children from 5:00 p.m. on Monday overnight through Wednesday at 5:00 p.m. Father shall have the children from 5:00 p.m. on Wednesday through Friday at 5:00 p.m. Week 2: Mother shall then have custody of the minor children from 5:00 p.m. Friday overnight through 5:00 p.m. on Monday. Father shall then have custody of the minor children from 5:00 p.m. on Monday through Wednesday at 5:00 p.m. Mother shall then have the children from 5:00 p.m. on Wednesday through Friday at 5:00 p.m. The rotation established by Weeks I and 2 shall then continue throughout the year. 3 C. Holidavs and Vacations: Holidays will be mutually shared by the parties according to the following schedule: The holiday schedule shall prevail over and supercede the regular custody schedule. 1. The parties shall alternate the holidays of Memorial Day, July 4th and Labor Day with Father having Labor Day in 2005, Mother having Memorial Day in 2006 and continuing thereafter. Holidays shall be defined as 9:00 a.m. on the day of the holiday to 8:00 p.m. on the day of the holiday. 2. The parties shall share the major holidays in accordance with the following plan: a. Thanksgiving. In even numbered years, Mother shall have custody of the children from Wednesday prior to Thanksgiving at 5:00 p.m. until 2:00 p.m. on Thanksgiving Day. Father shall have the children from 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. This will reverse in odd numbered years and Father shall have custody of the children from Wednesday prior to Thanksgiving at 5:00 p.m. until 2:00 p.rn. on Thanksgiving Day. Mother shall have the children from 2:00 p.m on Thanksgiving Day until Friday at 5:00 p.m. b. Christmas and Christmas Eve: In odd numbered years, Mother shall have custody of the minor children from 9:00 a.m. December 24lh until II :00 a.m. December 25lh and Father shall have custody of the minor children from 11 :00 a.m. December 25lh until 5:00 p.m. December 26lh. In even numbered years, Father shall have custody of the minor children from 9:00 a.m. December 24lh until 11 :00 a.m. December 25th and Mother shall have custody of the minor children from II :00 a.m. December 25lh until 5:00 p.m. December 26th c. Easter: In odd numbered years, Mother shall have custody of the minor children from 5:00 p.m. the day before Easter through 3:00 p.rn. Easter Day and Father shall have custody of the minor children from 3 :00 p.rn. Easter Day until his next regularly scheduled full period of custody ends. In even numbered years, Father shall have the minor child from 5:00 p.m. the day before Easter Day through 3 :00 p.m. Easter Day and Mother shall have custody ofthe minor children from 3:00 p.m. Easter Day until her next regularly scheduled full period of custody ends. d. Mother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These 4 holidays shall be from 9:00 a.m. until 8:00 p.m. the day of that holiday. 3. Vacation: Mother and Father shall each have the right to have two (2) nonconsecutive weeks of vacation. Notice of this period of custody must be given to the other parent at least thirty (30) days before the requested period. D. Transportation: The transportation shall be shared equally by the parties, with the parent commencing his or her period of custody picking up the child from the other's residence or daycare. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. Transportation may be provided by a representative of each parent and shall not be limited to the parent themselves. E. Onl!oinl! Relationship: Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide day care for the child. 5 F. llIness of the Children: Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of the child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. G. Welfare of the Children to be Considered: The welfare and convenience ofthe children shall be the prime consideration of the parties in any application ofthe provisions of this Agreement. H. Bindinl! Effect and Modification of Order: This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. , ~. <.., <--- SC6TT T. WYL~ I. Governinl! Law: This Agreement shall be governed and controlled by the laws of Pennsylvania. J. Enforcement: The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. K. Entire Al!reement: This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect This Agreement supercedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESS wJ;M~ ~~ ~J~ KELL S. WYLAND - 6 COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared SCOTT T. WYLAND, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation for Custody are true and correct to the best of his knowledge, information and belief , subscr' ed to before me this~ day of (!/;b<'zoo5. / /./ / NOTARY PUBLIC My commission expires: S1!AI. IIARWA IllMPl!.suuJVAN NalaIy PubIc (AL) ~1OlIOUGH CUWEtlLNlD COUNlY CommIulan Now 1&. 200' COUNTY OF Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared KELLI S. WYLAND, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation for Custody are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this lI>-t.h day of (k.::\JM"'-, 2005. ~<A~~~~~~ NOTARY PUBLIC My commission expires: (SEAL) ~. r'!![l~!.l~~m:'(~l , J p:l.n,-:.:... , i ~. 7 ,.....----':~--~..,-~...,_._,....- I' " . , \}:'i; ,~i<:~'f1~ '. ; '! 1'/, ';'10't..:<M '~".. >^, JVi.4.lS1311MU/i', t ", i.A''', ,"1f.'!ll. ;~y~.~ril;; ~~.;..;.';::.;:~.~,:~\L',!:;,,~::~,'~'r:~', ~,~...) , . '.' c Bmara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT 1. WYLAND, Plaintiff d-- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY KELL! S WYLAND, Defendant . NO. or; - ~J (;"0 C.1'0~L c,-0'l-{ ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this ~ay oTvd. ",2005, upon consideration of the attached Stipulation for Custody and on motion of the parties, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody are adopted as an Order of Court. /./ BY THE ~OUR// c::~ ~ J. / ! \" L.D co '_J ! L ~ . ~L ,-- C.:J lL c:! Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT T. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-6153 KELLI S. WYLAND, Defendant CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE I, Susan M. Kadel, Esquire, hereby accepts service and acknowledges receipt of the above-captioned Custody Complaint on behalf of my client, Kelli S. Wyland, having received said Complaint on the i day of /2.... ~~ ,2005. I hereby indicate I am authorized - by my client to accept service on her behalf ~L~ usan . adel, Esquire 136 Sipe Avenue Hummelstown, PA 17036 Telephone No. (717) 533-3280 Supreme Court I.D No. Attorney for Defendant - \.,: -;..' r;.? , t<.J