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HomeMy WebLinkAbout95-04086 ~ 'OJ :3 ., .;!J QJ 3 I I €: ~ J ~ 00 I ! (J ::r " I I I I 11. I '11 , , t!R , , " ~'~ '.1, Rj - - - , , (f.J I,'.,.., , "" ! i , ')0-1- ....,. vi ., ::J- ~ ~ 'q: ...!:!j ct -' ~ ....., ri. c,)] ~ o v :J I ,'I '''''l v...,.. , ~ ~ ~ " 0- Q 0-- ':1 ~~ ~ ~ ~r::J.. CJ ) ! j I I, 1\ I , , I I ! ~ ! I ~ I ~ J .' b) Pofendant has acted without regard for lhe f;lmotional and physical wall being of tho ohi ldren by taking aotions which negatively impaot an the children. These actions include, but are not limited to, his past behavior of sitting in the children's actual classrooms for days without cause only to cause the children embarrassment and to disrupt the school) hy not encouraging or otherwise assistil1g them in their psychological counseling, by not participating in or fostering the children' s participation in scheduled achool and oxtncurrlcular activities when they arc with him) by impeding their medical needs such as obstructing the timely use of orthodontic appliances. 0) Defendant has served as a destructive force in the childrans' lives and attempted to undermine the stability of the childrens' home. d) Oofendant is unstable and unreliable, and has exhibited irrational and impulsive behavior which negatively impacts on the children's emotional well being. Oefendant consistently fails to communicate with the Plaintiff concerning his actions with the children and rather attempts lo utilize the children in the unacceptable position of intermediarios for scheduling and communication. e) Plaintiff ia better suited to provide for the childrens' physical, intellectual, moral and spiritual well being. O. Each parent who has a claim for physical custody of the ohildren have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant full legal and physical custody of the children to her. 08ted~ July 31/ 1995 , " // " Barbara Sumple-Sullivan, Esquire 549 Bridge street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court No. 32317 6 . . . . hR (,. 0'" .. . !:"i ' , ., i ,,, ,; I"~ f;j ,,1' ~ " - .- - .ffi II. , , ' ~L ~ ~ ! ~ , , . . . , ' AUt; I (~J ~ aARaARA JANm WmLLB, Plaintiff YB, IN '1'lIm COUR'I' 01" COMMON P"'lJ;AB CUMU~:lH.ANO COllN'I''1, I'F:NNB'I1NANIA CIVI'" AC'I'ION LAW TIMOTH'I CLARK WlJ;I,LB, PeflJndlltlt ','. I-I .", ~. " NO. ClIB'l'OO'l OImV:R ANO NOW, upon con5iderll(;ion of. the Pel:.1I;10n for roturn of her children, it Peoreed this day of Respondent, 'l'il1lothy Clllrl~ Wells, shall PeUtioner'1l Emergenoy is hereby Ordered and , 1995, that the immediately return the ohildren to the cust.ody of the Peti tionor. 'I'h ill l1Iat ter Ilha 11 be referred to Conciliation. Pending conciliation, l~ellpondent shall oontinue to hove alternating weekend custody periods with the ohildren on the schedule which had existed between the Parties. " BY THE COURTl !i J! i! if weekends and Petitioner acquieaoed. d) Iiellpondent haa indicated during the aU~lIer laat year implemented hia request. e) On Friday, July 26, 1995, the children advised Petitioner that the Respol1dent had desired a week with them this aummer, to which Petitioner was going to acquieace. Ilowever, no specific week was known by the children. that he deaired one (1) week and Petitioner voluntarily f) When Respondent phoned the PeU tionur on Saturday, lihe asked him when he desired the week vacation. Respondent indicated that it was for the week commencing July 31, 1995. When Petitioner indicated that this would cause a conflict on her regularl y scheduled weekend for wh ich the peti Uoner already had planll, Respondent became beligerel1t and indicated he did not want the children. Petitioner indicated that she would have no trouble with him keeping the children for the weekdays provi~ed that he took their daughter to her soccer practices on Monday and Wednesday and her counseling appointment on 'l'uesday. lie refusod and indicated he would not be keep ing the chi ldren. lie then procoeded to be loudl y argumentative in front of the children and drew the children in to the dispute by having their daughter indicate that she did not want to go to the scheduled soccer practices. g) Respondent then called back on Sunday and asked the Petitioner what was the schedule. Petitioner indicated that since he had told her that he was not taking the children to scheduled events and was not taking them for the week, she planned to pick them up at the day care after work on Monday as was the usual course of action. Respondent then told Petitioner to be "in for a tidal. wave". lie hung up on her. h) Petitioner decided to take the children home earlier on Monday to avoid any potential confrontation with the Respondent at the school in front of the children. When she arrived at the school, she found that the children had been removed by the Respondent wi thout notice to her. She also determined that the Respondent had removed the children's Ridelin medication which is normally left at the day care. This is an uncommon practice for either party since the medication is normally left at the school for the school's use. Petitioner believes that this represents an intention by the Respondent to maintain the children in his custody for an extended periods of time. h) Petitioner traveled to Respondent's apartment to obtain the children and met with the Respondent. The Respondent indicated that he was refUSing to return the children to her custody. Petitioner has no exact knowledge of the whereabouts 3 ot tho oh ildren when /lho V i/l (tod tho 1l1l/lpondonl'Ii apllrtmonl but avor/l her boliof that thay wore not pro/lont there, 5) Petitionor avor/l and n/l/lort/l that llo/lpondunl, will not roturn the childron to hur and /lho hn/l no knowlodge a/l to the duration during which ho intond/l to kuup thu childrol1. 6) Simultanoou/lly herewith, Petitioner hU/I filed a custody aotion /leoking to e/lLnblilih a court onlllr confLnnin'j her right/l 0/1 legol and primary phYl!liclll cUIiLodian of lho childron. f\ copy of IInid comploinl i/l Illtuchod horelo IHl ~~llhibit "A" and incorporoted herein by reforence. Pending conciliation on /laid i/:i/llJO/l, Potitioner /leeks entry of on order providing for the immedinto return of the ohildren to her primnry physicol cU/ltady, /lubject to RO/lpondent's rights of altorl1uting weekend vi/litotion 1111 hlld boen in elli/ltence between tho portie/l by virtue of their mutual ogreement. WHEREFORE, Petitiol1er requests entry of on order whioh requires the Respondent to return the children to her primary oustody pending conciliation of the custody complaint filed herawith. Dated: July 31, 1995 ') ) \, Borbara Sumple-Sullivan, Esquire 549 Bridge street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court No. 32317 4 BARBARA JANm WELLS, I IN THm COUR'l' OF COMMON pI,mAB plaintiff I CUMBmRt,AND COUN'I'Y I 1'~;NNSYI.vAN IA I VS. I CIVIL ACTION LAW I TIMOTHY CLARK WELLS, I Defendant I NO. ClIB'l'OO'l Vl!:IUFICA'l'IOI'I I, "ARDAIL\ JAHIll WEI,I,S, heroby cllrtify that: the faots set forth in the foregoinq 1'~:'l'I'l'ION ~'OH EMlmGli;NC'I ltEl,IE... are true and oorreot to the best of Iny knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 16 I'a. C.B.A. SecUon 4904 relating to unsworn falsification to authorities. Dated I {i' I <it 'h I ~,)~I"/'O-"Ll ){'C(,f>.l BA BARA JANE WELLS i, " I: : RAIlIlARA J ANl!) W~:LI,S I I Plaintiff I, VB. 'rtMO'rll'i CJ..ARK WEI,J..S, I Oefendant I I' Ii , I IN 'rilE COUIl'I' OF COMMON PJ..J;:AS I CUMRlllRJ..AND COUNT'I, PlllNNB'IJ..VANIA I I CIVlJ.. AC'I'ION I,AW I I I NO. CUB'l'OO'l OHD~a{ OF COUW1' AND NOW, , upon consideration of the attached complaint, it is hereby directed that the parties and their respectivo counsel appoar before , the conciliator, at __. on the day of , 1995, at __, M., for a Pre-Hearing Custody Conference. At such conferonce, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children ago five or older may also be present at the conference. Fai lU1'e to appear al tho conference may provido grounds for entq of a temporary or permanent order. FOR TilE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled il1dividuals 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 BIIOUJ..O TAKE Till B PAPER TO YOUR IJlWYER A'l' ONCE. I F YOU DO NOT IIAVE A J..AWYER OR CANNO'l' M'~'OIm ONE, 00 '1'0 OR 'l'EL~;PIIONE TIIB OFFICB BET FOR'l'1I BEI.OW '1'0 ~'lND OUT WII~:HE YOU CAN m:'r I,~:GAL IIELP. O~'FICE O~' 'l'IIE COUR'r AOMINIS'l'RATOR COUH'l'1I0USE, 4'rJI FlOOR CARLIBLE, PA 17013 (717) 240-6200 ,i V. IN THI OOURT 0' OOMMON PLIAS 0' OUMBIRLAND OOUNTY, PENNSYLVANIA OIVIL AOTION - LAW BARBARA JAN. WILLS, Plaintiff TIHOTHY OLARK WELLS, Defendant 95-40B6 CIVIL TERM IN RE 1 EMERGENCY IUllARING 9JillEJU1.L~..!JR'r AND NOW, thill 4th day of Augullt, 1995, the partie. were in court thill morning for a hearing on an emergency petition thAt I lIet for today. Although I did not hear exten.ive telltimony, I feel that the partiell have now reached an agreement on most illlluell, at leallt until the conciliator'lI hearing. And therefore, balled partly on that agreement and partly on my own decillion, the Court makell the following orderl 'rhe mother IIhall have primary phyeical cUlltody of the children. The father may retain cUlltody of the children until Sunday, AugUllt 6th, 1995, at 1100 p.m., at which time the children will be delivered to their mother. The partiell have agreed to alternating weekend. from Friday at 4100 p.m. to Sunday at 2cOO p.m. until such time all the conciliator' II hearing 11 held. The mother ill going away the weekend of the 11th. Therefore, the Court directll that the father IIhall also have the children for the weekend of Friday, Augullt 11th at 4cOO p.m. until Sunday, August 13th, at 2100 p.m., and alternating :;/11 I I'I I I' \I~\ Il. IlAltBAM ,Jl\Nf: WI!:I,r.S, 1'1alntHt I IN 'l'IW: OOlIlW O~' ca.\MON "1.r~1\f:\ O~' I CUMIl~:III,/lNIl l'OUN'l"i, l'~:NNS'lI,VANJA I I CIVIl, /lC'1'10N 1,/lW I NO. 95~40116 I I IN CUS'l'OP'I VIS. TIMOfH'I CLARK WI!:LLBI Defendant QU)I!R or CXXJR'l' AND HOW, this 30th dsy ot /lugust, 1995, the conciliator being advised that the parties will Qnter into a stipulatioll resolving sll uUlltody isaues, hereby relinquishes jurisdiction in this cBse. c:{dh"l ,,6.L,'lC'foo"l IIwn S. Sun ay, Esqu reel .. , , " I I I " ~ ;) " , , , c.n - " - 't (j " ~ I' I !!r1 ,.. 'f' < ~ ~.__.. ."IIL, .:':".' , ~% ~"l "I 4 ~ ~ ' , 1 I:., , " 1'1 4 ' , I' i;, f If , ' I ; ~ ~ I, ;, I , . " , ~ . 1>' I , , , . (717) 232-8525 RG 1(1 III1N....'N . l;a IL\II)I) CF.Hl'IFIED TRUE AND COFlHECT COpy NlJV I 1l.1~~/1 !,l.' P.O, 1\0)0: '\llO, H^IlI'ISlllllu1, Pf,NN\VIV^NIA l'/IIO.'jJIO 'I I :1 !I i I I 'i I BARBARA JAN~ SADL~R (WmLLS), Petitioner I I IN THE COURT OF COMMON PLEAS I CUMBEltLANO COUNTY, PENNS'ILVANIA I I I 95~40B6 CIVIL TERM I I I I CIVIL ACTION-CUSTODY v, '1' I MO'l'H'I CLARK WELLS, Respondent, ,\ il ,I ,I i I ORDER /\ND NOW, thill ;jItJ'(1J day of ,) 1(11,' J 111</.,-1-, 199B upon oonsideration of tho within Petition for Emergency Relief, a hearing r i9 soheduled for the 1'/1.4 day of /..../',1'1'//11<,'1.'., 1998, at 1: ,,)l) o'clock ~.m. in ~/~I If'l cumberland county, Pennsylvania. --;;(t.. r/ r/-- J. ,/ ., ,'I "OJ , [i~ '1\\ 'jiij j\,_ln, ," il~' I "r, ," j' ,l, ,} BARBARA JAN~ SADLER (WELLS), Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'l''1, PENNS'ILVANIA v. 95-4086 Civil Term TIMQTHY CLARK WELLS, Reapondent. CIVIL ACTION--CUSTODY Vf:TI'l'ION FOR f:M~llilglfCY 1{F.~Ulf....::......CYBTODY petitioner, BARDARA J. SAOLER (WELLS), by and through her attorneya, GERALO S. ROBINSON, ESQUIRE and ROBINSON & OERALDO, reapectfully requosts rolief as followsl J. Petitioner, BARBARA J. SADLER (WELLS), an adUlt, ia the natural mothera of CHRISTEN V. WELLS, age thirteen (13) and TIMOTHY C. WELLS, JR., age eleven (II), who resides at 930 South York Street, Mechanicaburg, Cumberland County, Pennaylvania. 2. Reapondent, TIMOTHY CLARK WELLS, an adult, is the natural father of the minor children who residea at 310 South 11th Street, New Cumberland, Cumberland County, PennaylvaniB. 3. Petitioner separated from the natural father of the children TIMOTHY CLARK WELLS in 1988 and the parties ultimately divorced. 4. Both minor children resided with the Petitioner for their entire livea until April of 1998 when the son, TIMOTHY C. WELLS, JR. moved in with his natural father. 5. In July of 1995 Respondent, TIMOTH'I CLARK WELLS, refused to return both of the children to Petitioner after he picked them up from dllycare. 6, By Order dated August 4, 1996, this Court directed Respondent to return the children to their mother on or pefore August 6, 1996. A copy of this Ordor is attached hereto as Plaintiff's I!:l(hipit "1". 7, The aforos~id Order granted Petitioner primary physical custody of tho children and flespondent was granted partial physical custody of the chi ldren on alternating weekends. B. The provisions of tho aforesaid Order were followed by the parties unti 1 primary physical cUlltody of the son was revised informally by agreement of the parties liS lltated in paragraph 3. 9, Potitioner remarriod and is now living with her huspand, her daughter Christen and tho couples' minor child. 10. On the weekend of october 21, 199B, the minor daughter Christen visited wJ.th ltespondent af! provided by the terms of the Emergency Order. 11, On Sunday evening, November 1, 199B, at the conclusion of the weekend visit the partiell had a dispute about the child's transportatiol1 home. 12. Respondent has since refused to return the minor child home to Petitioner despite Petitioner's demands which were reduced to writing IInd sent to Respondent. A copy of this letter is attached hereto as Plaintiff's Exhibit "2". 13. In reply to the said letter Respondent through his wife advised Petitioner that he had no intent on sending the minor child back home and that she would be enrolled another school. 14. Upon information and belief the minor chiid did not attend school Monday through Thursday of the ensuing week. BARBARA JAN~ w.~~S, lllaintiU V. IN 'l'lllll COllR'l' OF COMMON PlJlIlAS 0' CUHBl!lR~AND couwrv, Pl!lNNSV~VANI^ CIVIL. AC'l'ION . LAW ,-_:. ,. d TIHOTllY CLARK WlIlLLS, Odendant , 95,4006 CIVIL TERM , ~I .';' r.....~ , 51 IN RE~ li:MEP,GENCV RlnARItfG ~r" Q~JJ.E.B OF COURI . ~ .. ".,' LD , IJl AND NOW, this 4th day of Augullt, 1995, the parties were in court this morning for a hearing on an emergenoy petition thbt I set for today. Although I did not hear extensive testimony, I feel that the parties have now reaohed an agreement on most issues, at least until the ocnoiliator's hearing. And therefore, baDed partly on that agreement and partly on my own deoision, the Court makeD the following orderl The mother shall have primary physioal ~ulltody of . the ohildren. The father may retain cUlltody of the ~hildren unt~~ Sunday, Augullt 6th, 1995, at 1100 p.m., at which time the . ,,'Il.'ohildren will be dolivered to their mother. The "'arties have ,:,,~,~..tl '." r agreed to alternating weekends from Friday at 4100 p;m. to Sun~ay at 2100 p.m. until such time as the conoiliator's hearing is held. The mother is going away the weekend of the 11th. Therefore, the Court directs that the fathor shall also have the ohildren for the weekend of Friday, August 11th at 4100 p.m. until Sunday, August 13th, at 2100 p.m., and alte~nating Exhibit NovemPlIr 2, 19911 Timot.hyc. WallA 310 South 11th Stroot New Cumberland, Ponnsylvania 17070 Rei Barbara J. Wells v. Timothy c. Wells ~LJIY1l!f1ill'.LJl.5 - 40Ilfi-=-.QUjJ;odv Oear Nr, Wellsl Enclosed is a copy of an order granting primary physical custody of the two (2) minor children to their mother. According to Ns. Sadler, six months ago after your son discussed with you tho possibility of terminating your parental rights thereby enabling him to be adopted, you convinced him that it would be in his best interest to move in with you. Ms. Sadler acquiesced in this matter and Timothy has been living with you since then. He no longer even visits with his mother and step father and his behavior in school has declined. His grades have plummeted. This weekend when transportation for Christen became an issue, she expressed a desire to stay with you. Please be advised that my clients are demanding that Christen be returned home immediately and that Timothy begin alternate weekends at my client's residence beginning thie Friday at 6100 p.m. lie will be returned on Sunday at 6100 p.m. This arrangement will continue until further Order of Court. Be advised however that my clients Intend to petition the Court to modify the current arrangement so that both chiidren will resume living with Mother and the alternate weekend schedule will be limitud to saturday visits with no overnights. This action is nocessitated because my clients submit that your conduct is undermining their parentai authority to the detriment of the chiidren. TH IS MATTE;R WAHHANTS '10UH lMMEO lATE AT'I'EN'r [ON. UNLESS CHHIS'rEN IS rU;TUHNIm IMME;lJ1A'l'l';l,Y WE WIL!, SEEK EMERGENC'I ASSISTANCl:: FIlOM THl': COUIlT. 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