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HomeMy WebLinkAbout01-5465HEATHER ANN SUBLISKEY, PLAINTIFF VS. MATTHEW TODD WHEELER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : ACTION FOR CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 HEATHER ANN SUBLISKEY, PLAINTIFF MATTHEW TODD WHEELER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. C~ I ~ ,5'q/,,-,S : : CIVIL ACTION - LAW : ACTION FOR CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, HEATHER ANN SUBLISKEY, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following Complaint for Custody. 1. Plaintiff is HEATHER ANN SUBLISKEY, who currently resides at 4 South West Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. 2. Defendant is MATTHEW TODD WHEELER, who currently resides at 6086 Peachtree Street, Harrisburg, Dauphin County, Pennsylvania, 17111. 3. Plaintiff seeks Full Legal and Primary Physical Custody of the following minor child: NAME ADDRESS DATE OF BIRTH REESE AARON WHEELER 4 South West Avenue April 19, 2001 Shiremanstown, PA 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff, who resides at 4 South West Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS Plaintiff; Plaintiff's mother, Karen E. Subliskey; and Plaintiff's brother, Linus J. Subliskey ADDRESS 4 South West Avenue, Shiremanstown, PA DATES Birth - Present 7. The Mother of the child is Plaintiff, Heather Ann Subliskey, who currently resides at 4 South West Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. The Mother is single and presently resides with her mother, Karen E. Subliskey, and her brother, Linus J. Subliskey. 8. The Father of the child is the Defendant, Matthew Todd Wheeler, who currently resides at 6086 Peachtree Street, Harrisburg, Dauphin County, Pennsylvania, 17111. The Father is single and resides with his grandparents, Don and Donna Wemer. 9. The relationship of the Plaintiff, Heather Ann Subliskey, to the child is that of the Natural Mother. Mother currently resides with her mother, Karen Subliskey, and her brother, Linus J. Subliskey. 10. The relationship of the Defendant, Matthew Todd Wheeler, to the child is that of the Natural Father. Father currently resides with his grandparents, Don and Donna Wemer. 1 l. The Plaintiff does not know of a person not a party to the proceedings who had physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has always been the primary caregiver and has great love and concern for her son; B. Plaintiff is able to financially support and provide for her son; C. Plaintiff has always been the parent to provide medical and other care for her son; D. Plaintiff has always interacted with her son in age appropriate activities in a loving and nurturing manner; E. Defendant has never been responsible for the care of the child for more than a few hours; F. Defendant does not provide any financial support for himself or the child; G. Defendant is still in high school; H. Defendant has no permanent residence, living between his mother and grandparents' homes; I. Defendant has a history of mental problems; J. Plaintiff wishes her son to live in a safe physical, emotional and social environment. 13. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, HEATHER ANN SUBLISKEY, respectfully requests this Honorable Court to enter an Order granting the Plaintiff, HEATHER ANN SUBLISKEY, Full Legal Custody and Primary Physical Custody of the child, REESE AARON WHEELER, and giving Defendant, MATTHEW TODD WHEELER, Paaial Physical Custody of the minor child. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. ScU~64CaCuire~ -- 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are tree and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. HEATHER AlaN SUBLISKEY ~ © ~ o HEATHER ANN SUBLISKEY PLAINTIFF V. MATTHEW TODD WHEELER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 01-$465 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Monday, September 24, 2001 , 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, Meehanicsburg, PA 17055 on Wednesday, October 24, 2001 at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will bc made to resolve the issues in dispute; or if this cannot bc accomplished, to dafine and narrow thc issues to be heard by thc court, and to enter into a temporary order. All children age five or older may also be present at thc conference. Failure to appear at thc 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 ATFORNEY 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 VtNVA-iA?NN:]d SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUBLISKEY HEATHER Aiq~ VS WHF~T.~R MATTHEW TODD Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: WHEELER MATTHEW TODD , Sheriff or Deputy Sheriff who being search and but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT in his bailiwick. County, - CUSTODY He therefore Pennsylvania, to On October 15th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge dep Dauphin Co 18.00 9.00 10.00 30.50 .00 67.50 o/15/2ool SUSAN CANDIELLO Sworn and subscribed to before me this ~'?~ day of ~ A.D. Prothonotary In .The Court of Common Pleas of Cumberland County, Pennsylvania Heather Ann Subliskey VS. Matthew Todd Wheeler SERVE: sane No, 01 5465 civil October 2, 2001 , I, SHERIFF OF CUMBERLAND COLIN'FY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA ~'qOW, Affidavit of Service ,20 ,at o'clock M. served the within upon by handing to a mad made known to copy of the original So answers ~ the contents thereof. Sheriff of County, PA Sworn and subscribed before me this __ day of ,2O COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Clfief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: October 4, 2001 COMPLAINT FOR CUSTODY WHEELER MATTHEW TODD to MATHEW TODD WHEELER of the original COMPLAINT FOR CUSTODY to him/her the contents thereof at 6086 PEACHTREE ST HBG, PA 17111-0000 : SUBLISHEY HEATHER ANN vs : WHEELER MATTHEW TODD Sheriff's Return No. 2822-T - -2001 OTHER COUNTY NO. 01=5465 at 10:00PM served the within upon by personally handing 1 true attested copy(ies) and making known Sworn and subscribed to before me this 8TH day of OCTOBER, 2001 PROTHONOTARY So Answers, By Sheriff's Costs: $30.50 PD 10/04/2001 RCPT NO 154969 CANTREL HEATHER ANN SUBLISKEY, Plaintiff VS. MATTHEW TODD WHEELER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5465 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~,¥'~ day of ,/%/~¥ ~t'yt~f,~ ., 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Heather Ann Subliskey, and the Father, Matthew Todd Wheeler, shall have shared legal custody of Reese Aaron Wheeler, born April 19, 2001. 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 general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody on alternating weekends from Saturday at 9:00 a.m. through Sunday at 5:00 p.m., beginning October 27, 2001. In addition, the Father shall have custody every Tuesday and Thursday from 3:00 p.m. until 8:00 p.m., beginning October 30, 2001. In the event the Father does not have school on the day following a weekday evening period of custody, the Father shall retain custody of the Child through the following day (either Wednesday or Friday) at 5:00 p.m. Beginning Friday, January 18, 2002, the Father's alternating weekend periods of custody shall be expanded to run from Friday at 3:00 p.m. through Sunday at 5:00 p.m. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 9:00 a.m. and the Father shall have custody from Christmas Day at 9:00 a.m. through December 26 at 9:00 a.m. B. THANKSGIVING: In every year, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody from Thanksgiving Day at 7:00 p.m. through the following Friday at 3:00 p.m. If the Father has custody of the Child under the regular alternating weekend schedule on the weekend following Thanksgiving, the Mother shall have custody beginning on Sunday at 10:00 a.m. rather than at 5:00 p.m. C. EASTER.: The Mother shall have custody of the Child every year on Easter Sunday beginning at 10:00 a.m. D. MEMORIAL DAY/JULY 4TI~/LABOR DAY: The holiday periods of custody on · 1 Da and Labor Day shall run from 9:00 a.'m. until 7:00 p.m. and on Independence ~M~,.m~°~n~ai ~,-,m 9'00 a m on July 4th through 9;00 a.m. on July 5th. In even numbered years, Day ~la.~ run ...... the Father shall have custody on Memorial Day and Labor Day and the Mother shall have custody over Independence Day. In odd numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody over Independence Day. E. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father sl[all have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule· 5. The parties shall communicate directly with each other with regard to issues affecting the Child without the involvement of third parties. Each party shall ensure that third parties do not interfere with communications from the other parent. 6. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. After following the custody arrangements set forth in this Order for a period of at least six months, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary, to review the custody arrangements. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Susan K. Candiello, Esquire - Counsel for Mother Allen D. Moyer, Esquire - Counsel for Father