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HomeMy WebLinkAbout02-2828Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DWANE E. WILKINSON and CONSTANCE S. WILKINSON Plaimiffs DWANE S. WILKINSON and HEATHER L. WILKINSON Defendants NO. 02- e,~,,~O~ Civil Term CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. The plaimiffs are Dwane E. Wilkinson and Constance S. Wilkinson, residing at 431 South High Street, Mechanicsburg, Cumberland Coumy, Pennsylvania 17055. 2. The defendams are Dwane S. Wilkinson and Heather L. Wilkinson residing at 5-A Old South Court, Bluffton, South Carolina 29910 and 36 West Coover Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, respectively.1 Plaintiffs are the parents of defendant Dwane S. Wilkinson, the father of the children subject to this action. 1 Plaintiffs believe and therefore aver that Defendant Heather L. Wilkinson lives with her boyfriend, Ernie Clawser, at his home, but maintains the Coover Street residence for school and other purposes. See also infra note 2. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DWANE E. WILKINSON and CONSTANCE S. WILKINSON Plaintiffs DWANE S. WILKINSON and HEATHER L. WILKINSON Defendants NO. 02-2828 Civil Term : CIVIL ACTION - CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaim for Custody. I certify that I am authorized to accept service on behalf of Defendant Dwane S. Wilkinson. Date: June 2002 Cha~s Rector,/~sc~iire 3. Plaintiffs seek custody of the following children: Name Present Residence Date of Birth Chelsea Wilkinson 36 West Coover Street 06/10/91 Joshua Wilkinson Mechanicsburg, PA 08/15/93 The children were not bom out of wedlock. The children presently am in the custody of defendam Heather Wilkinson, who resides at 36 West Coover Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.2 During the past five (5) years, the children have resided with the following persons at the following addresses: Name Heather L. Wilkinson Address Dates 36 West Coover Street 07/04/99 to present3 Mechanicsburg, PA Dwane S. Wilkinson 36 West Coover Street 1997 to 07/04/99 Heather L. Wilkinson Mechanicsburg, PA The mother of the children is Heather L. Wilkinson, currently residing at 36 West Coover Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is divorced. The father of the children is Dwane S. Wilkinson, currently residing at 5-A Old South Court, Bluffton, South Carolina 29910. He is divorced. 2 See supra note 1. Plaintiffs believe and therefore aver that Defendam Heather L. Wilkinson will be moving from this residence prior to the start of the 2002-2003 academic year. 3 See supra notes 1 and 2. 2 4. The relationship of plaintiffs to the children is that of paternal grandparents. The plaintiffs currently reside with the following persons: N/A 5. The relationship of defendant Heather L. Wilkinson to the children is that of mother. Name Chelsea Wilkinson Joshua Wilkinson Defendant Heather L. Wilkinson currently resides with the following persons: Relationship Daughter Son The relationship of defendant Dwane S. Wilkinson to the children is that of father. Defendant Dwane S. Wilkinson currently resides with the following persons: Name Relationship Heather Dagle fiancee 6. Plaintiffs have not participated as parties or witnesses, or in another capacity, in other litigation concerning the custody of the children in this or in another court. The court, term and number, and its relationship to this action is: Dwane S. Wilkinson v. Heather L. Wilkinson, Cumberland County Court of Common Pleas # 02-230 Civil Term. A copy of the consent order for custody entered in that action is attached as Exhibit 1. Plaintiffs do not have information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiffs do 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. 3 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Defendants and Chelsea lived with plaintiffs from the time Chelsea was about one month old until she was about seven months old. b. when defendants left plaintiffs' home, they moved to Boiling Springs, but continued to spend almost every weekend with plaintiffs at plaintiffs' home. c. after living in Boiling Springs for about one year, defen- dants moved to Mechanicsburg, about two blocks away from plaintiffs' home· d. since Chelsea and Joshua were infants, and prior to the parties' separation, plaintiffs had contact with the children several times each week and on most weekends. e. from the time defendants separated in July 1999 until very recently, plaintiffs had custody of Chelsea and Joshua about one weekend per month. f. within the last four to six weeks, Defendant Heather L. Wilkinson told plaintiffs that she will not "allow" Chelsea and Joshua to stay with them. g. defendants have shared legal custody of Chelsea and Joshua. See Exhibit 1. h. plaintiffs believe and therefore aver that Defendant Dwane S. Wilkinson has not consented to the other defendant's unilateral decision to prevent Chelsea and Joshua from maintaining the contact the children historically have enjoyed with their paternal grandparents. i. plaintiffs believe and therefore aver that Defendant Dwane S. Wilkinson agrees that plaintiffs should have partial custody of Chelsea and Joshua during the school year. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. Wherefore, plaintiffs request the court grant them partial custody of the children. Respectfully submitted, Theresa Barrett Male, Esquire Supreme Court #46439 513 North Second Street Harrisburg, PA 17101 717-233-3220 Counsel for Plaintiffs Date: June 3, 2002 5 Charles F~ctor*, ~ NO. : 717+7~1+::'161 ~ ~ ~:~:~:/:q'l P1 DWAlq~ S, WlLK.IIqSON, Plaintiff YS, HEATHER L. WILKINSON, Defendant IN TH]5 COURT OF COlVfMON PLEAS OF CUlvIBt/RLA.ND COUNTY PL~NNSYLVANIA IN CUSTODY ORDER OF COURT AND NOW, this, 1~/~)__ day of~' '~ J ,~' , 2002, UpOn consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Dwane S. Wilkinson, and the Mother, Heather L. Wilkinson, shall have shared legal custody of Chelsea Wilkinson, bom 3une 10, 199!, and Joshua Wilkinson, bom ,August 15, 1993. Each parent Sh~,!! have an equal right, to be exercised jointly with .the other parent, to make all major non-emergen~y.deci~ioil$ affecting the Children's general well-being including,'but not limited to, all decisions reg.~.fling their health, edu~ad.o.n a~d religion. Pursuant to the terms of this paragraph ~ach Parent shall'be'.enfitl.ed to ·all i'e~.rds and information pertaining t6 the Childr*n including, .but not limited to, school and medical records andinformatlon. .. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have part/al physical custody of thc Children as follows: A. During the school year in 2002, from Wednesday, April 24 at 7:00 p.m. through Tuesday, April 30 at 4:00 pan, .......... Bi Dr/ring ff/e summer school break /n 2002, from Sunday, June 9 at 1:00 pan. through Saturday .lune 22 at 4:00 p.m., and from SUnday, June 30 at 1:00 p.m. through Saturday, August 3, at 4:00 p.m. 4. Thc parties shall share or alternate having custody of the Children on holidays as follows: A, CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall mn from the last day of school befor~ the holiday break through Christmas Eve at 12:00 · . noon, .Segment B, .which shall ru~ from Christmas Eve at 12:00 noon through Christmas ,Day at. 2:00 p.m., S~gment C, which ~ha!l run from. Christmas Day at 2:00 l%m. thtg. ugh .... i~l?Cemb~r 26 at 2:'00 p.m., and Segment 1~, which' sh~. lI nm .from .December 2~ .at 2...00 ·. p.mi'thr6ugl! 4:00 pan. on. the day before school resumes.. In every year, .the Mothe~ shall . 'have custody of the Children during Segment A anct the Father,shall .have custody during Charles Rector, Esq. PHONE NO. : ?~.7+761+2161 Pla~. 30 20(~ RT:27PH P2 Segra~c~t D. In even numbered years, the Father shall have custody of the Children during Segment B and'the Mother shall have custody during Segment C. In odd numbered years, the Mother shall have custody of the Children during Segment B and the Father shall have custody during Segment C. B. ~ANKSGIVING/EASTER: The Thanksg/v/ng and Easter holidays shall run from the Wednesday before the holiday at 4:00 p.m. through the Monday following'the holiday at 4:00 p.m. The Mother shall have custody of thc Children during Thanksgiving and Easter in even numbered years and the Father shall have custody in odd numbered y~ars. C. During years when the Mother has custody of the Children over the Thanksgiving holiday, the Father shall have custody of the Children from the Wednesday before Columbus Day at 4:00 p.m. through Columbus Day at 4:00 p.m. D, During years when the Mother has custody of the Children over the Easter holiday, the Father shall have a 7 day period of custody with the Children over their Spring break with the dates to be arranged by agr~ment of the parties. The period of custody shall begin at ?:00 p.m. on the tirst day and end ~t 4:00 p,m. on thc final day. In 2002, the Father shall have custody from April 24 at 7:00 p.m. through April 30 at 4:00 p.m, 5. The parties shall cooperate in adjusting the specific times for exchanges of custody as necessary to accommodate flight schqdulas when the Children ar~ transported by airline. 6. The parties agree to cooperate in expanding the summer custody arrangernent~ for the Father beginning in 2003 based upon thc Children's adjustment to the custody schedule for summer 2002. In the event the par~ies ~re --able tO reach an agreement as to ongoing summer custody arrangements or either party bclleves it is necessary to review the school year/holiday custody ~trangements, counsel for either parry may contact the Conciliator to schedule an additional Conciliation Conference in the Spring of 2003. 7. This Order is entered .pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of ~his Order by mutual consent. In the absence of mutual consent, the terms 0f this Order stroll control. cc: Charles Rector, Esquire - Counsel for Father Mark C. Duffle, Esquire - Counsd for Mother DWA_N~ S. WILKINSON, Ptaintiff vs. : 02-230 HEAT'rr~ L. WILKINSON, : Defendant : nq CUSTODY IN THB COURT OF COMlVION PLEAS OF CUMBEKLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW CUSTODY CONCILIATION SUMMARY REPORT 1N ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litil~on is as follows: NAME I)ATE OF BIRTH C~]~TLY IN CUSTODY OF Chelsea Wilkinson Joshua Wilkinsou Sune 10, 1991 Mother August 15, 1993 Mother 2. A Concfliahon Conference was held on March 26, 2002, with the following individuals in at~ndanc¢: The Father, Dwane S. Wilkinson, with his counsel, Theresa Barrett Male, Esquir~ (on behalf of Charlm Rector, Esquire), and the Mother, Heather L. Wilkinson, with her counsel, Mark C. Duffle, Esquire. The parties agreed to ~ntry of an Order in the form as attached, Date Dawn S, Sunday, Esquire CT Custody Conciliator VERIFICATION We, Dwane E. Wilkinson and Constance S. Wilkinson, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are tree. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. b~a-ne E. W'i~kins~'n~ "C'~nstance S. Wilkinson Date: ~/~'.~J ..~ ,2002 Jol~nson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Defendant Heather L. Wilkinson DWANE E. WILKINSON and CONSTANCE S. WILKINSON, Plaintiffs DWANE S. WILKINSON and HEATHER L. WILKINSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2828 Civil Term CIVIL ACTION - LAW IN CUSTODY PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT FOR CUSTODY AND NOW, this ,~q4, day of June 2002, comes Defendant Heather L. Wilkinson, by and through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and preliminarily objects to Plaintiff's Complaint for Custody upon the following: 1. The Defendants, Dwane S. Wilkinson and Heather L. Wilkinson (hereinafter "Father" and "Mother" respectively), were married on March 2, 1991, separated on July 2, 1999, and divorced in November 2001. They are the natural parents of two (2) minor children: Chelsea (DOB: June 10, 1991) and Joshua Wilkinson (DOB: August 15, 1993). 2. Mother and Father entered into a Property Settlement and Separation Agreement dated January 4, 2000, which conferred joint legal custody of the minor children and primary physical custody of the minor children to Mother. Father's partial physical custody was to be exercised at times agreed upon by the parties. 3. On or about January 15, 2002, Father, through his counsel, Charles Rector, Esquire, filed a Petition to Modify Custody following Father's relocation to Bluffton, South Carolina. 4. A conciliation conference was held on March 26, 2002, whereby the parties agreed to an Order of Court dated April 10, 2002, a copy of which is attached hereto and incorporated herein as Exhibit 5. The Plaintiffs heroin, Dwane E. Wilkinson and Constance S. Wilkinson (hereinafter "Grandfather" and "Grandmother" respectively)filed a Complaint for Custody on June 10, 2002, alleging that Grandfather and Grandmother have standing to petition the Court for partial custody, and that it would be in the children's best interest and welfare to grant Said relief. 6. Plaintiffs, Grandfather and Grandmother, lack standing under the Grandparents' Visitation Act as the minor children have not resided with Grandfather and Grandmother for a period of twelve (12) months, and Grandfather and Grandmother have not assumed the role and responsibilities of the children's parents. See 23 Pa.C.S.A. {}5313. 7. Under {}5312 of the Grandparents' Visitation Act, grandparents are not entitled to an award of partial custody or visitation when they see the grandchildren regularly pursuant to their son's partial custody schedule. See Earon v. Earon, 9 Pa. D&C 4th 101 (1991). 8. Even if the facts as set forth in Plaintiffs' Complaint are true, Plaintiffs lack standing to bring the Petition, and the averments set forth theroin are insufficient to maintain an action under the Grandparents' Visitation Act. PRELIMINARY OBJECTION IN THE FORM OF DEMURRER PURSUANT TO Pa.R.C.P. 1028(a)(4) herein. Paragraphs one (1) through eight (8) above are incorporated by reference as if set forth fully 10. The factual allegations set forth in Plaintiffs' Complaint fail to provide grounds on which the relief requested can be granted. WHEREFORE, Defendant Heather L, Wilkinson respectfully requests that this Honorable Court 9rant Defendant Heather L. Wilkinson's Preliminary Objections to Plaintiffs' Complaint for Custody, and move to have the same stricken and dismissed. :159689 Respectfully submitted, JOHNSON, DUFFLE, ST~WEIDNER M~rk C. Duffie Attorney I.D. No. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant Heather L. Wilkinson CERTIFICATE OF SERVICE AND NOW, this day of June 2002, the undersigned does hereby certify that she did this date serve a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Theresa Barrett Male, Esquire 513 N. Second Street Harrisburg, PA 17101 Attorney for Plaintiffs Charles Rector, Esquire 1104 Femwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Dwane S. Wilkinson JOHNSON, DUFFLE, STEWART & WEIDNER By: Michelle M. Bross Legal Assistant DWANE S. WILKINSON, Plaintiff VS. HEATHER L. WILKINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-230 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this / t')~'~/~ day of ~ ., 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Dwane S. Wilkinson, and the Mother, Heather L. Wilkinson, shall have shared legal custody of Chelsea Wilkinson, born June 10, 1991, and Joshua Wilkinson, born August 15, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children as follows: A. During the school year in 2002, from Wednesday, April 24 at 7:00 p.m. through Tuesday, April 30 at 4:00 p.m. B. During the summer school break in 2002, from Sunday, June 9 at 1:00 p.m. through Saturday June 22 at 4:00 p.m., and fi-om Sunday, June 30 at 1:00 p.m. through Saturday, August 3 at 4:00 p.m. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall mn from the last day of school before the holiday break through Christmas Eve at 12:00 noon, Segment B, which shall mn from Christmas Eve at 12:00 noon through Christmas Day at 2:00 p.m., Segment C, which shall nm from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m., and Segment D, which shall run from December 26 at 2:00 p;m.:through 4:00 p.m. on the day before school resumes. In every year, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment D. In even numbered years, the Father shall have custody of the Children during Segment B and the Mother shall have custody during Se~nent C. In odd numbered years, the Mother shall have custody of the Children during Segment B and the Father shall have custody during Segment C. B. THANKSGIVING/EASTER: The Thanksgiving and Easter holidays shall run from the Wednesday before the holiday at 4:00 p.m. through the Monday following'the holiday at 4:00 p.m. The Mother shall have custody of the Children during Thanksgiving and Easter in even numbered years and the Father shall have custody in odd numbered years. C. During years when the Mother has custody of the Children over the Thanksgiving holiday, the Father shall have custody of the Children from the Wednesday before Columbus Day at 4:00 p.m. through Colturnbus Day at 4:00 p.m. D. During years when the Mother has custody of the Children over the Easter holiday, the Father shall have a 7 day period of custody with the Children over their Spring break with the dates to be arranged by agreement of the parties. The period of custody shall begin at 7:00 p.m. on the first day and end at 4:00 p.m. on the final day. In 2002, the Father shall have custody from April 24 at 7:00 p.m. through April 30 at 4:00 p.m. 5. The parties shall cooperate in adjusting the specific times for exchanges of custody as necessary to accommodate flight schedules when the Children are transported by airline. 6. The parties agree to cooperate in expanding the summer custody arrangements for the Father beginning in 2003 based upon the Children's adjustment to the custody schedule for summer 2002. In the event the parties are unable to reach an agreement as to ongoing summer custody arrangements or either party believes it is necessary to review the school year/holiday custody arrangements, counsel for either party may contact the Conciliator to schedule an additional Conciliation Conference in the Spring of 2003. 7. 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: Charles Rector, Esquire - Counsel for Father Mark C. Duffle, Esquire - Counsel for Mother DWANE S. WILKINSON, Plaintiff vs. : 02-230 HEATHER L. WILKINSON, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Chelsea Wilkinson Joshua Wilkinson June 10, 1991 Mother August 15, 1993 Mother 2. A Conciliation Conference was held on March 26, 2002, with the following individuals in attendance: The Father, Dwane S. Wilkinson, with his counsel, Theresa Barrett Male, Esquire (on behalf of Charles Rector, Esquire), and the Mother, Heather L. Wilkinson, with her counsel, Mark C. Duffle, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire CT Custody Conciliator ,PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next: [] Pre-Trial Argument Court Argument Court CAPTION OF CASE (entire caption must be stated in full) DWAYNE E. WILKINSON and CONSTANCE S. WILKINSON Plaintiffs VS. DWAYNE S. WILKINSON and HEATHER L. WILKINSON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-2828 CIVIL TERM CIVIL ACTION- LA W IN CUSTODY State matter to be argued (i.e., Plaintiff's motion for new trial, Defendant's demurrer to complaint, etc.): Defendant, Heather L. Wilkinson's, demurrer to Plaintiff's complaint for Custody Dated: ~7/3/~.~. Identify counsel who will argue case: a) For Plaintiffs: Address: Theresa Barrett Male, Esquire 513 N. Second Street Harrisburg, PA 17101 b) For Defendant: Mark C. Duffle, Esquire Address: 301 Market Street Lemoyne, PA 17043-0109 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: Call of Argument List Date: Chades Rector, Esquire 1104 Femwood Avenue, Suite 203 Camp Hill, PA 17011-6912 July 24, 2002 July 4, 2002 D e'fed~n d ~ nDtUHffiee~ t~'ett~ ~.n. e~, :160250 CERTIFICATE OI= SERVICE AND NOW, this .~ day of July, 2002, the undersigned does hereby certify that she did this date serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepai~J, at Lemoyne, Pennsylvania, addressed as follows: Theresa Barrett Male, Esquire 513 N. Second Street Harrisburg, PA 17101 Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 JOHNSON, DUFFLE, STEVVART &W~R :160291 Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DWANE E. WILKINSON and CONSTANCE S. WILKINSON Plaintiffs DWANE S. WILKINSON and HEATHER L. WILKINSON Defendants NO. 02-2828 Civil Term CIVIL ACTION - CUSTODY Date: June ~3~,a, , 2002 ACCEPTANCE OF SERVICE I accept service of the Complaint for Custody. I certify that I am authorized to accept service on behalf of Defendant Heather L. Wilkinson. Mark ~. Duffle, Est~u~ 26. Dwayne E. Wilkinson and Constance S. Wilkinson V Dwayne S. Wilkinson and Heather L. Wilkinson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2828 CIVIL TERM ORDER OF COURT AND NOW, July 24, 2002, by agreement of counsel, the above-captioned matter is continued from the July 24, 2002 Argument Court list. Counsel is directed to relist the case when ready. h~eresa Barrett Male, Esquire For the Plaintiff ~ C. Duffle, Esquire ~fiarles Rector, Esquire For the Defendant Court Administrator By the Court, Geor~ ld #29 DWAYNE E. WILKINSON AND CONSTANCE WILKINSON DWAYNE E. WILKINSON AND HEATHER L. WILKINSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2828 CIVIL TERM CIVIL ACTION - LAW IN RE: DEFENDANT'S DEMURR TO PLAINTIFF'S COMPLAINT FOR CUSTODY BEFORE HOFFEI~ P.J.~ OLER~ GUIDO~ JJ. ORDER OF COURT AND NOW, this 6TM day of SEPTEMBER, 2002, after consideration of the parties' briefs and the argument thereon, thc preliminary objections of Defendant Heather L. Wilkinson arc DENIED. · ~eresa B. Male, Esquire ,,19lark C. Duffle, Esquire ,~gharles Rector, Esquire :sld DWANE E. WILKINSON and CONSTANCE S. WILKINSON, Plaintiffs VS. DWANE S. WILINSON and HEATHER L. WILKINSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-2828 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this / 2~ 7~ day of O C- f/_J~ ~/~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A Heating is scheduled in Court Room # , of the Cumberland County Court House, on the ,~O-~ day of A/O g ~ ~ ~ ,2002, at ~ '~..~/~ o'clock,/~ .m., at which time testimony will be taken. As the moving parties, the Paternal Grandparents shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Heating, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Heating date. BY T ard E Guido, Jo cc: Theresa Barrett Male, Esquire - Counsel for Plaintiffs Mark C. Duffle; Esquire - Counsel for Mother Charles Rector, Esquire - Counsel for Father /rw.a~'_-~t_ /o~ 0,2 .oA.-~ DWANE E. WILKINSON and CONSTANCE S. WILKINSON, Plaintiffs VS. DWANE S. WILKINSON and HEATHER L. WILKINSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2828 CIVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Chelsea Wilkinson Joshua Wilkinson June 10, 1991 Mother August 15, 1993 Mother 2. A Conciliation Conference was held on September 18, 2002, with the following individuals in attendance: The Plaintiffs, Paternal Grandparents, Dwayne E. Wilkinson and Constance Wilkinson, with their counsel, Theresa Barrett Male, Esquire, and the Mother, Heather L. Wilkinson, with her counsel, Mark C. Duffle, Esquire. Neither the Father, Dwane S. Wilkinson, who resides in South Carolina, nor his counsel, Charles Rector, Esquire, attended the Conference. 3. The Paternal Grandparents have petitioned for partial physical custody of the Children. The Mother's Preliminary Objections to Standing were dismissed by Order of this Court dated September 6, 2002. It was represented to the Conciliator at the Conference that the Father had no objections to his parents having partial custody of the Children and for that reason, neither the Father nor his counsel were in attendance. It should be noted that under an Order dated April 10, 2002, in separate proceedings between the Mother and the Father, the Mother has primary physical custody of the Children and the Father has partial custody during 3 extended holidays per year and for an extended period during the summer. The Mother and the Paternal Grandparents were not able to reach an agreement as to separate partial custody arrangements for the Plaintiffs and it will be necessary to schedule a Heating. 4. The Paternal Grandparents' position on custody is as follows: According to the Paternal Grandparents, they had regular ongoing contact with the Children prior to the parents' separation in July 1999 several times per week and during most weekends. Since the parents' separation they have had custody on 1 weekend per month (usually overnight) until the filing of this Petition. The Grandparents indicated that their relationship with the Mother deteriorated significantly after their son was awarded partial physical custody of the Children by Court Order in April 2002. The Grandparents believe it is in the Children's best interests to maintain the close relationship which had developed between them and the Grandparents. The Grandparents represented that their son, the Children's Father, agrees with their request to have periods of partial custody with the Children, which they argued supports their position because the Father has shared legal custody of the Children. Although the Father has periods of custody with the Children over at least 3 holidays each year the Grandparents do not believe that having contact with the Children during the Father's custodial periods is sufficient to maintain their relationship. 5. The Mother's position on custody is as follows: The Mother believes that the Grandparents have sufficient opportunity to spend time with the Children during the Father's periods of partial custody over holidays. Although the Mother acknowledged that from the time of the parents' separation in July 1999 through March 2002, the Children were spending time with their Grandparents on alternating Fridays (sometimes overnight), the Mother feels that the relationship between her and the Grandparents had been strained since before the parents' separation. The Mother stated that the Grandparents feel they are entitled to see the Children whenever they want and become upset whenever the Mother does not comply with those requests. More fundamentally, the Mother feels that the Grandparents do not respect her authority over the handling of the Children or support the way she is trying to raise them (denied by Grandparents). The Mother agreed to visitation by the Grandparents at the Mother's residence but was strongly opposed to overnight periods of custody. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter on the issue of partial custody. The Conciliator declined to establish temporary partial custody arrangements for the Grandparents pending the Heating. Antagonism and lack of mutual respect between the Mother and Grandparents was apparent at the Conference and, without the benefit of a Heating, it was not possible to determine whether interim partial custody arrangements would serve the Children's best interests when the adults are either unable or unwilling to shield the Children from the conflicts. Date t D . Custody Conciliator DWANE E. WILKINSON AND CONSTANCE S. WILKINSON DWANE S. WILKINSON AND HEATHER L. WILKINSON : IN THE COURT OF COMMON PLEAS OF __. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-2828 CIVIL TERM : CIVIL ACTION - LAW ORDER OF COURT. AND NOW, this _11TM. day of OCTOBER, 2002, the hearing scheduled for November 20, 2002, in the above captioned matter has been rescheduled for ~ NOVEMBER 19~ 2002~ at 8:30 a.m.. in Courtroom # 5. Edward E. Guido, J. Theresa B. Male, Esquire Mark C. Duffle, Esquire Charles Rector, Esquire :sld DENA D. CARSKADON, Plaintiff EDWARD B. CARSKADON,III., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2878 Civil Term CIVIL ACTION - LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was Fried on June 13, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the f'fling and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Dena D. Carskadon DENA D. CARSKADON, Plaintiff EDWARD B. CARSKADON,III., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2878 Civil Term : : CIVIL ACTION - LAW : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree 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: Dena D. Carskadon DENA D. CARSKADON, Plaintiff EDWARD B. CARSKADON,III., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2878 Civil Temi : CIVIL ACTION - LAW : AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fried on June 13, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Section 4904 relating to unsworn falsification to authorities. Date: 10 11~/ DENA D. CARSKADON, Plaintiff EDWARD B. CARSKADON,III., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2878 Civil Term : : CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DWANE S. WILKINSON and CONSTANCE S. WILKINSON Plaintiffs DWANE S. WILKINSON and HEATHER L. WILKINSON Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-2828 · CIVIL ACTION - LAW · IN CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. On January 4, 2002, Defendant, Dwane S. Wilkinson, retained Charles Rector, Esquire ("Petitioner") to represent his interests in a custody action docketed in Cumberland County at No. 02-230, which resulted in a Custody Stipulation with his wife regarding the minor children Chelsea Wilkinson (DOB 6/10/91) and Joshua Wilkinson (DOB 8/15/93). 2. On June 10, 2002, Defendant's parents filed a Petition for additional time with their grandchildren, which matter is scheduled for hearing on November 19, 2002. 3. Defendant, who now resides in Bluffton, South Carolina, has failed to fulfill an obligation to Petitioner regarding Petitioner's services. 4. Petitioner's representation of Defendant has been rendered unreasonably difficult by Defendant· 5. Defendant has failed to respond to numerous letters from Petitioner regarding the case. 6. Petitioner's representation of Defendant has resulted in an unreasonable financial burden to Petitioner. 7. Professional considerations require termination of the representation. 8. The Rules of Professional Responsibility, specifically Rule 1.16(b)(4) and (b)(5), mandate Petitioner's withdrawal. 9. The granting of the within Petition will provide Defendant with ample time to secure new counsel, should he decide to do so. WHEREFORE, Petitioner respectfully requests the court to grant Petitioner leave to withdraw as counsel for Dwane S. Wilkinson. RESPECTFULLY SUBMITTED: Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the 24th day of October, 2002, I caused a true and correct copy of the within to be served upon Defendant and the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Mark C. Duffle, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P. 0. Box 109 Lemoyne, PA 17043 and Theresa Barrett-Male, Esquire 513 N. Second Street Harrisburg, PA 17101 Date: 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761-4540 Attomeys for Defendant Heather L. Wilkinson DWANE E. WILKINSON and CONSTANCE S. WILKINSON, Plaintiffs V. DWANE S. WILKINSON and HEATHER L. WILKINSON, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2828 Civil Term CIVIL ACTION - LAW IN CUSTODY DEFENDANT HEATHER L. WILKINSON'S ANSWER TO PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, this'"'(54k day of November 2002, comes Defendant Heather L. Wilkinson, by and through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Answer to Petition for Leave to Withdraw as Counsel, and in support thereof responds as follows: 1. Admitted. 2. Admitted. 3. Denied. The Defendant, Heather L. Wilkinson, has no knowledge as to the truth or veracity of the averment set forth herein, and therefore the same is denied. 4. Denied. The Defendant, Heather L. Wilkinson, has no knowledge as to the truth or veracity of the averment set fodh herein, and therefore the same is denied. 5. Denied. The Defendant, Heather L. Wilkinson, has no knowledge as to the truth or veracity of the averment set fodh herein, and therefore the same is denied. 6. Denied. The Defendant, Heather L. Wilkinson, has no knowledge as to the truth or veracity of the averment set forth herein, and therefore the same is denied. 7. Denied. The Defendant, Heather L. Wilkinson, has no knowledge as to the truth or veracity of the averment set forth herein, and therefore the same is denied. 8. Admitted. 9. Denied. It is denied that the Defendant will have ample time to secure new counsel in light of the hearing scheduled for November 19, 2002, but, by way of further response, the Defendant, Dwane S. Wilkinson, has not padicipated in this matter, and is not expected to participate in that he has not opposed, through counsel, to date, the Complaint of his parents, the Plaintiffs herein. WHEREFORE, the Defendant, Heather L. Wilkinson, the Respondent herein, does not oppose the Court's granting the Petitioner's leave to withdraw as counsel for Dwane S. Wilkinson. :164828 Respectfully submitted, JOHNSON, DUFFLE, STEWA~g~IDNER Ma.~I~C -Duffie - Attorney I.D. No, 75~C[6 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant Heather L. Wilkinson CERTIFICATE OF SERVICE AND NOW, this ~¢'"' day of November 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing ANSWER upon the other parties of record by hand delivery and by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Theresa Barrett Male, Esquire 513 N. Second Street Harrisburg, PA 17101 Attorney for Plaintiffs Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant Dwane S. Wilkinson JOHNSON, DUFFLE, STEW~ WEIDNER · M~rk C. Du~;? DWANE E. WILKINSON AND CONSTANCE S. WILKINSON V. DWANE S. WILKINSON HEATHER L. WILKINSON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : . : NO. 2002-2828 CIVIL TERM : : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 12TM day of NOVEMBER, 2002, a iRule is issued upon defendant Dwane S. Wilkinson to Show Cause why his counsel should not be granted permission to terminate his representation. Rule returnable on FRIDAY~ NOVEMBER 15~ 2002, in Courtroom # 5. ~ICheresa B. Male, Esquire ~lark C. Duffle, Esquire u.~Charles Rector, Esquire :sld Edward E. Guido, J. ¥1NW,,%SN DWANE E. WILKINSON and CONSTANCE S. WILKINSON, Plaintiffs Vo DWANE S. WILKINSON and HEATHER L. CLAWSWER (formerly Wilkinson), Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO'UNTY, PENNSYLVANIA 02-2828 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 19th day of November, 2002, by agreement of all parties to this action, it is hereby ordered and directed as follows: 1. Plaintiffs, Paternal Grandparents, shall have partial physical custody of the children ()ne weekend per month from September through and including May each year. Said partial custody shall commence at 5:00 p.m. on Friday and end at 5:00 p.m. on Sunday. The weekends shall ]De as set forth in the stipulation agreed to in open court unless otherwise agreed by the parties. 2. The Grandparents shall be responsible to see that the children make all scheduled extracurricular and religious activities during their periods of partial custody. If for some reason they have plans to go out of town with the children, they shall advise Mother of those plans at the earliest possible date. If Mother is agreeable, the Grandparents shall make arrangements with the coaches, minister, et cetera, to arrange for the children to miss the extracurricular activities that week. If Mother is not agreeable, the parties will try to reschedule that month's weekend to accommodate the children and the Grandparents. If the parties cannot agree, they may call the Court and I will resolve the dispute. If the Grandparents do go out of town, they shall advise Mother as to the telephone number where they can be reached and their destination. 3. The children are to be picked up by the Grandparents from Mother's home at the commencement of visitation and to be picked up by Mother from the Grandparents' home at the conclusion of the visitation. 4. Mother shall use her best efforts to advise Grandparents as to all of the children's extracurricular and religious activities far enough in advance to give them the opportunity to attend. 5. The Grandparents shall also be entitled to regular telephone contact with the children. 6. Nothing in this Order shall prevent the parties from agreeing upon other mutually convenient times for visitation by the Grandparents with the grandchildren. By the Court, Edward E. Guido, J. Theresa Barrett Male, Esquire For Plaintiffs Mark C. Duffie, Esquire For Defendant Heather L. Clawser Michael J. Whare, Esquire For Defendant Dwane S. Wilkinson srs