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Home My WebLink About96-05395 I~U'O .(m~Cll CF 11'1' I Fr]jlllwi')jMW 96 tln'/l b P/I 21 ~ '/ C'JMI!, iI), II 11",1111'" PI!Ni'lIJyL,Vmli , , I , . ~ ! , , " 1 " " , , I' " , , " , , " " " , ' " , , I , , , I, " S'l'lWSN A. WrN'l'SRS, , IN 'I'IIE COURT OF CONNON PT,SAS OF PlitincUf , CUNBE/lLANO COUN'l'Y, PENNSYLVANIA , v. , CIVIL ACTION ~ LAW , 'It JlANBLA L. BLAfJEN, , NO. 96~J6 ~ CIVIL 'J'SRN Pefendanc , , CIVIL AC'I'ION ~ CUS'J'OOY JlRIOR JUDGE' HONO/lllBL8 GEORGE E. IIOF",EIl (;QtJQliIMlQtLmNnJ1f.'NC E S1llJ1JL\lll..BJll!QBT. IN ACCOROANCE WI'J'II CUNBEIlLAN/J COUN'J'Y CIVIl, /WI,E O~' PROCSDURE 19l!1.3~8(b), t/Je unriendgnad CUlltoriy Conci,l1ator II ubm1t II the following report' 1. 1'llf9 infQrmat,ion pertaining to the chi,ld who iB Bubject of thi" litigation ill all [olloWIII AUlltin R. Winters, born April 19/ 1995 2. A Concil.iat1on Con ference wall /Jeld on November 1, 1996. PreBf9nt were the ~'at/Jer, Steven A. Wintars, WJ,th hiB counBel, Peter FOllter, Esquire, and the Mother, Pamela L. Bladen. Thill Mother is represented by Attorney Ilosemary McDermott, who IIpokd wit/J the ConcJ,j,iator and /Jer client on the telephone during t/Ja concilia tion conference. J. The partiell lived togat/Jer and Ileparated on July 30, 1996. Upon separation, t/Jel'e is some confusion as to w/Jst the exact agreement was be tween tile parties wit/J respect to custody of the child. /fowever,in1t,ially the "'ather enjoyed phYBJ,cal custody on an alternating weekend basis with the weekends IItretching from l'ridajf througl1 Wednesday. An incident then happened in Septemher when tile "'atl1er took clJotody of the child. 7'he Mother then filed a Petition for Special Relief and Judge /fotter entered an order on October 21, 1996, providing tl1at the Mother would have temporary cuotody pending a hear1.ng. 4. The partiell attempted to work thingll out at the conciliation conference but an agreement cCluld not be reached. Tile Father haB var.ious allegations cOl/cerning the Mother whicl1 the Concil1ator did not consider at the /Jearing, 7'I1e Mother has a position tl1at the Father's allegations have no merit wl1a tsoever. 5. A hearing is required because the parties cannot agree. However, an interim custody order is also necessary. It appears that the Fatl1er d.id have significant periods of time with the minor ch.ild atter separation. The Conciliator recommends an interim order along the lines as to what the Father !lad when the parties first separated. The , ''"... '- \:\11 ,1'iJ~ S'Z'BV19N A ~ WIN'Z'SRS, , IN 'Z'HE COUR2' OF COMMON PLlCAS OF Jll.J.ntUt , CUHSSRLANDCOUNTY, PENNSYLVANIA , If. I CIVIL ACTION ~ LAW I NO. 96-J~n CIVl'L TERM JlAHlILA L. 13LADSN I I Detend.nt I I CIVIL AC'l'ION - CUSTODY COUR'Z' ORDER 1'1' I ' I J ' I I .1 AND NOW, chi/f'{ day of JJ ("(;'()/l'ff GonlJ.deration of the attaohed CU/ftody Conoiliation ordered and direoted a/f follows/ , 1996, upon Report, J.t i" 1. A hearing 1s soheduled in Courtroom H3 pf the Cumberland Count;y Courthouse on the ,~,I.( day of /., i' '."" "/ , 1996'/at . ,'" -I......m., at wllioll time toatimony wi,ll /fe tskenln the above caito. At tllia Ilearing, tile Father, Steven A. WinterB, sllall he tile mov.ing party and allall proctled initially with the teatimony. Counael for the parties ahall file with the Court and oppoaing counC/el a memorandum setting forth the hi/ftory of cuatody in this case, the iaaues currently before the Court, eacll party's position on thoao iaaues, a list ot witneasea that will be called to testify and a summary of the antioipated teatimony of each w1 tnesa. 2'his memorandum shall be filed at leaat ten (10) days prior to the hearing date. 2. Pending further order of tllis Court, ,i t is ordered and directed as follow/J/ A. The Father, Steven A. Winter.a, and the Mother, Pamela L. BJ.aden, shall enjoy sllared legal custody of Aust,in R. Wintera, born April 19, 1995. B. Physical cuutody shall bo hl/ndled with the Father having physical custody on alternating weekends from Friday at 6100 p.m. until the following Wednesday at 6/00 p.m. This /fhall bu on an alter.nating weekend basi/f. Mother /fhall have physical custody of the minor child at the STEVBN A. WINTERS, , IN THB COURT OF COMMON PLEAS OF Plaintiff , CUM/JERLIlNP COUN2'Y, PENNSYLVANIA , v. , CIVIL ACTION - LAW , NO. 96-tm. CIVIL TSRN PAMELA L. SLAPEN, , Pefendant , , CIVIL AC2'ION - CU,9TODY PRIOR JUPGE, HONORABLE GSORGS S. 1f0FFSR CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORPANCE WITIf CUMBERLANP COUNTY CIVIL RULE Of' PROCBPURE 1915.3-8 (b), tile IJndersiflned CUlltody Conciliator Ilubmitll the [ollowinfl report' 1. The information pertaining to the child who ill trubjeot of thilll litigation is alii follows, AUllltin R. Wintorlll, born April 19, 1995 2. A Conciliation Conference Wall held on November 1, 1996. Prelllent were the Father, Steven A. Winterlll, with hill counllel, Peter FOlllter, Esquire, and the Mother, Pamela L. Bladen. The Mother ill l'eprellented by Attorney Roaemary McDermott, who IIpoke wi th the Conciliator and her client on the telephone during the conciliation conference. 3. The partiea lived together and aeparated on July 30, 1996. Upon aeparation, ther.e is some confusion as to what the exact agreement was batween the parties with respect to ouatody of the ohild, However, initialJ,y the Father enjoyed physical oustody on an alternating weekend bfJaia with the weekenda atretohing trom Friday through Wedneaday. An incident then happened in September when the Father took custody ot the child. The Mother then filed a Petition tor Special Reli'lf and Judge /lofter entered an Order on October 21, 1996, providing that the Mother would have temporary cuatody pending a hearing. 4. The partiea atten~ted to work thinga out at the conciliation conference but an agreement could not be reached. The Father hall varioua al1eg/Jtiona concerning the Mother whioh the Conciliator did not oonaider at the hearing. The Mother halll a poaition that the Father's allegationa have no merit whataoever. 5. A hearing ia required because the partiell cannot agree. However, an interim Clulltody order ill alllo neoellllary. It appearll that the Father did have aignifioant periodll of time with the minor child after aeparation. The Conoiliator recommendlll an interim order along the lines as to what the Father /lad when the parti911 first aeparated. The , . '" STuvaN A. WINTQRS, PlaintiH VII. IN TUB COURT 011 COMMON PLBAS 011 CUMSBRLANO COUNTY, PBNNSYLVANIA NO. 915-15395 PAMBLA LYNN BLADBN, Defendant CUSTODY PLAI~IPP'B PRE.TRIAL ~EMORANDUM I , HISTORY The hiBtory of thiB cUBtody caBe iB aB folloWB. The child in queBtion iB Auotin R. WinterB who was born on April 19, 1995. The parties to this action who are the parents of Auotin have never been married to each other. The partieB lived together with Austin until July 30, 1995, At that time Defendant took the child and moved from the parties' apartment at 305 ThomaB Drive, Mechanicsburg, PA, to 1762 Jacob Brunner Street, Prederick, Maryland. Defendant agreed to a shared cUBtody arrangement following this Beparation but r.ailed to comply with this agreement. On September 30, 1996 Plaintiff filed a Custody Complaint initiating this action. A Conciliation Conference was held before Custody Conciliator Hubert X, Gilroy on November 1, 1996. A copy of the Conciliator'S Report is attached as Exhibit ~A~, Following the Conciliator'S recommendation, the Honorable George E, Hoffer issued a CUBtody Order on November 19, 1996. This , Custody Order granted shand legal oustody of the ohild to the pBrtiell. The CUlltody Order further gave physioal oUlltody to Plaintiff five days every two week period, Plaintiff hall been diligently exeroilling hill cUlltody right II pUl!lIuant to thiB Cout"t Order, A hearing on the illBue of oUlltody ill lIoheduled for rebruary 3, 199'/ II. IBBUl!: Is Plaintiff entitled to full custody of the parties' minor child, AUlltin R. Wintera? III, WITNBBSRB Plaintiff will call one witne8ll, that ill the Plaintiff himllelf, Steven A. Winters. Plaintiff's Testimony will indicate that Defendant ill not fit to exet"cille custody of the child. Plaintiff'B telltimony will indicate that the child was not being cat"ed for properly in that when Plaintiff picked the child up on September 28, 1996, the child was SUffering from bronchitis. Plaintiff will fU1:ther testif.y that Defendant abused the child on July 3,1996. Further, Defendant abuses alcohol and haa received alcohol treatment in the past. Further, Defendant BBsociateB with a convicted dt"ug dealer, one Mike Cook. Defendant currently resides at 1762 Jaoob Brunner Street, Frederick, Maryland which is BTISVISN A. WIN'l'EIIB, , IN TillS COUR'I' OF COHHON l'I,/MB OF Pl..lintUf 1 CUHBIS/lLIINIJ COUN'j'Y, PSNNSYLVANIA , v. 1 CIVIL AC2'ION - LAW , , PJlHISLA L. BLADISN, 1 NO. 96-3595 CIVIL TSRH Defendant , 1 CIVIL ACTION - CUSTODY PRIOR JUDGISI 1I0NOllAlJLIS GISORGE IS. 1I0fFEIl ~lJJ:ILIM'ION CONFISRENCE BUMMAIl'! Ilb'PORT IN ACCORDANCE WITH CUMBEIlLAND COUNT'! CIVIL IlULE OF PROCISDURIS 1915.3-8(b), the undersigned Custody Conciliator submits the following reportl 1. The information pertaining to the child who is subject of t/Jis litigation is as followsl Austin R. Wintars, born April 19, 1995 2. A Conciliation ConferenQe was held on November 1, 1996. Present were the Fathar, Stevan A. Winters, with IJis </ounsel, Peter Foster, Esquire, IInd the Mot/lor, Pllmala L. Bladen. 'I'he Mothur is represented by Attorney Roaemllry Mc/Jormott, k'ho spoke wit/l the Conciliator and her client on tile telephone during the conciliation conference. 3. The parties lived toget/lOr and slIparated on July 30, 1996. Upon separat,ion, there is some confusion a/J to what the exact agreement W(IS botween the part,ie/J with re/Jpect to cUlJtody of the child. J{owover, initially the f'ather enjoyed physical custody on an alterna ting weekond ba/Ji/J wi th the weekends stretching from Friday through f~ed/lesdIlY, An i/lcident then happened in September ~,/lOn the Father took custody of the child. 7'he Mother. then filed a Petition for Special Relief and Judge /loffer enter.ed an Order on October 21, J 996, providing t.~at the Mother would ha\'e temporary cuntody pending a hearing. 4. The partiea attempted to work things out at the conciliation conference but an agnJement could not be reached. 7'he Co'ather has varioulJ allegations concerning the Mothor which the Conciliator did not consider at the hearing. The Mother hall a position that the Father'a alleglltionB have 110 merit whatsoever. 5. A hearing is required because the parties cannot agreo. However, an interim custody order is also necessary. It appears that the Father did have significallt periods of time with the minor child after separat.ion. 'J'/IO Conciliator recommends an interim orde!' along the lines as to what the Father had when the parties first separated. The CR~TtrlCATB or BRRVICQ I nenby certify that on thifl date, January U, 19fi7, I flerved a co~y of tne foregoing Plaintiff'fl Memorandum on the Defendant by faxing said copy to the Attorney for Defendant at the following addren t Rosemary ~. McDermott, Bflquire 128 Bast Main Street '1'nurmont, MP 21'/88 January ,31, 1997 ~~,~ peter a. poster, Bsquire , , , , , STRVRN A, WINTR~S, Plaint i H vs, IN TUR COURT OJ? COMMON PLEAS OF CUMBRRLANP COUNTY, PEI'INSYLVANIA NO, 96-5395 PAMBLA LYNN BLAVEN, Oefendant CUSTODY PLAINTIPF'S p~B-rRIAL ~BMORANDUM I , lWl'IO.B1 The history of this custody case is as follows, The child in queation is Austin R, Winters who was born on April 19, 1995, The parties to this action who are the parents of Austin have never been married to each other. The parties lived together with Austin until July 30, 1995, At that, time Defendant took the child and moved from the parties' apartment at 305 Thomas Drive, Mechanicsburg, PA, to 1762 Jacob Brunner Street, Frederick, Maryland, Defendant agreed to a shared custody arrangement following this separation but faHed to comply with this agreement, 011 September 30, 1996 Plaintiff filed a Custody Complaint initiating this action, A Conciliation Conference was held before Custody Conciliator Hubert X, Gilroy on November 1, 1996, A copy of the Conciliator's Report is attached aa Exhibit "A". Following the Conciliator's recommendation, the Honorable George B. Hoffer j,ssued a Custody Order on November 19, 1996. This ',' Custody Order granted shared legal tlusl:ody of the child to the partie", T.he Custody Order further gave physical custody to PlaintiU Hve days every two week period, Plaintiff hu been diligently exercising his cuatody rights purauant to thia Court Order, A hearing on the ilil3ue of custody is scheduled for February 3, 1997, II , ISSUB Is Plaintiff entitled to full custody of the parties' minor child, Austin R. Winters? III, WITNBSllBS Plaintiff will call one witneu, that is the Plaintiff himself, Steven A. Wintera. Plaintiff f s Teatimony will indicate that Defendant ia not Ht to exerdae cuatody of the child. Plaintiff's teatimony will indicate that the child was not being cared for properly in that when Plaintiff picked the child up on September 28, 1996. the child waa suffering from bronchitis. Plaintiff will further telltify that Defendant abuaed the child on July 3,1996, Further, Defendant abuaea alcohol and haa received alcohol treatment in the paat. Further, Defendant asaociatea with a convicted drug dealer, one Mike Cook, Defendant currently resides at 1762 Jacob Brunner Street, Frederick, Maryland which ia STEVBN A. WINTEHS, , IN '1'IIE COUR1' OF COMMON Pl,EAS OF Plaint.1ff , CUHBE/ILAND COUN'I'Y, PENNSYLVANIA , v. , CIVIL ACTION - LAW , PIIHELA L. BLADEN, , NO. 96-35911 CIVIL 1'ERM Defendllnt , , CIVIL ACTION - CUSTODY PRIOR JUDGE' 1I0NO/UlIJLE GEORGE E. 1I0FFE/l CONCI"L..IJjJ'ION CONFBRE~ SUMMARY REl'O/l'I' IN ACCOHDANCE WITH CUMBERLAND COUNTY CIVIL HULE OF PROCEDURB 19111.3-8 (b), the unders,igned Custody Conoililltor submits the foL Lowing report' 1. The infor.mation plJrtaining to the ohild who is subjeot of thill litiglltion is 1111 followsl Austin R. Wintors, born April 19, 19911 2. A CQnoililltion Conferenoe WIIS held on November 1, 1996. Present were the Fllther, Steven A. Winters, with his oounsel, Peter Foster, Esquire, and the Mother, PllmtJlll L. Bladen. The Mother is represented by Attorney Rosemary McDermott, who spoke with the Conci1.illtor and her client on the telephone during the concililltion conference. 3. The pllrties lived togethru' and separated on July 30, 1996. Upon sepIIL"ation, there ill 1I0me confusion as to what the eXllct IIgreement WIIS between tho parties with respect to custody of the child. 1I0wever, initially the Fllther enjoyed physiclIl cUlitody on an alternating weekend bo'lsis with the weekends stretching frem Friday through Wednesday. An incident then happened in September when the Father took custody of the child. The Mother thf.ln filed a Petition for Spedal Relief and Judge 1I0ifer entered an Order on October 21, 1996, providing that th(/ Nother would have temporary cuntody pending a hearing. 4. The parties attempted to work things out at the conciliation conference but an agreement could /lot be reaahed. The Father has various allegations concerning the Mother which the Conciliator did not consider at the hellr.ing. The Mother hilS 1.1 position that the Father.'s allegations have no merit whatsoever. II. A hearing is required because the parties cannot agree. However, an interim cUlltody order ia also necessary. It appears that the Father did have significant periods of time with the minor child after separation. The Conciliator recommends an interim order along the lines as to what the Father had when the parties first separated. The STBVBN A. WINTIRS, Plaintiff VII. IN THII COURT or COMMON PLIIAS or CUMBIRLAND COl1N'l'Y, PINNSYINANIA NO. 96-133913 PAMBt.A LYNN Bt.APIIN I Defendant CUSTODY MOT tON TO RBSCIND CUSTODY ORDBR AND SCHRDULH A HBARING AND NOW, comes Plaintiff Steven A, Winters, by his attorney, Peter B, Poster, Esquire, and requests this Court to rescind its Order granting temporary custody to Defendant and hold a hearing and in support thereof avers as followst 1, Plaintiff, Steven A, Winters, initiated this custody action on September 30, 1996 by filing a Custody Complaint. 2, The child in question is Austin R, Winters, age 1 year, who currently resides with his father, the Plaintiff, at 4391 Beaumont Road, Dover, York County, Pennsylvania 17315. 3, The mother of said minor child is the Defendant, 4, On or about October 21, 1996, the Honorable George g, Hoffer signed an Order giving temporary custody to Defendant pursuant to a petition for Special Relief under Pa, Rule Civ. Proc. 1915.13. 5, In said Petition Defendant alleged that Plaintiff abducted said minor child from Plaintiff which is untrue. 6. When the pllrties lIepanted on July 30, 19915 it Wllll verbally agreed that they would have shared equal custody of laid child, 7, Detweliln July 30, 1996 and September <:R, 1996 Plaintiff exercised partial cUlltody of aaid child, 8, On Septenilier 28, 1996 Plaintiff obtained partial custody of said child from Defendant for a four day period with the consent of Defendant, 9, Plaintiff has retained custody of said minor child since September 28, 1996 for the following reasonQt a) When Plaintiff piclted up said cllild on September 28, 1996 the child was BUffering from bronchitis, A fee bill for medical treatment of said condition is attached as Bxhibit "A", b) In July of 1996 Defendant physically abused said child. A report of said abuse is kept by tile Hampden Township Police Department, c) Defendant abuses alcohol and has received alcohol treatment in the past, d) Defendsnt currently resides at 1762 Jacob Brunner Street, FrederiCk, Maryland 21702 which is owned by a convicted drug dealer, Mike Cook, who is in custody. When Defendant had custody of aaid child, she resided at said location, e) Crack cocaine has been found at said location within the past sixty (60) days, f) When Defendant had cUlltody of llaid child, a th.iJ:d party wall maintaining llaid ohild at a separat8 residence. g) Oefl.mdallt h living in Maryland and does not pOB/JeB/J a Maryland Driver's License, 10. For all of the foregoing reaaona the best interesta of the child would be furthered by placing custody with Plaintiff, 11, Said ex parte Order waa granted under the Emergency Relief Provisions of Pa, Rule Civ, Proc, 1915,13, 12, Plaintiff has a due process right to a h'l3aring on an ex parte Order involving significant right a within ten (10) days Qf said Ordlilr, Barry va. ea~, 443 U,S, 55 (1979), 13. Plaintiff requeata that thia Honorable Court reacind its Order granting temporary custody to Defendant and Order that the Plaintiff retain temporary cuatody of aaid child until an inunediate headng in aaid matter ia held, WHEREFORE, Plaintiff respectfully requeata that this Court rescind its Order granting tempor.ary custody to Defendant Bnd retain temporary cuatody of said child with Plaintiff pending an immediate hearing to be scheduled with. this Court. Respectfully sUbmitted, October 23, 1996 ~~c ~,~ Peter B, Foater Attorney for Plaintiff Pinakey & Foater 121 South Street Harrisburg, PA 17101 (717) 234-9321 II. ,Ot ".,."-,, D~1r ,'IInIW I I I ( I '"IM'II"'l/l11ll11' " I'MJlIII'I",I~ (",III' IIIUD.UHlIU , .',', 'j I,II'I!,' ,i "1-11)1'11 'I', 'I' , , ~ITTII I I i , I I , " I " " '," ,." .',,'1 "1 I;," 1'1" '" 1')1.,,\ r._J.!:l;~,': ".' !!~, II' ,"., 1"'l',llfH 11 ", '.1 ,ACDI ~DDk p, Eu&llJOIIIIl FUIllIIV Modlr.lIlQ I '",'1"1 !h I,,! .!! I ' ~ , : j I I " /'i " ,j ,'-!i',I'! ,I, "., PI I ,. I 'I I; ~ ',; H', 1,,1'1 ,.",;(" ,HI. I,ll ,,' "i "0, I' "', ,11',1 , .' . tUnJltlJT ._, -1' "--lrnv" -.. .... ..,rvr-'I--.--JnIOl AIlDUftIID ' J CI lrAYl '" III' :., ., ,mlln,,!, .111 ,DU. "I'DOD~:=~+''': III HUhibel...:, . .DnoUIfIJUhl~1J1 ':: :::Jln:.::rdmw;:: " , ,I.. I i~1//i. , ) /1 , If' . -.. ,', ,.!,o' ) ;,-h. )} I. I! l i ( !:I1;,lilt:!l,:lj /i' U"""':"',: ~~~. 1, (. I , .. 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NO OllWIt IlI:Cl;U1l ~Ill. UII Itit:HJEIl nY lilli' OI'fICE ',' I.,. 'jll""""..I,I.""-l I'"'' 1'1"""'1" ",01'1 !," 1:'-'1"""'1"'," )I'l! li,,""'I;!"'''.i J,:I-'J I!,"'I'''';''-I,''!''',,,'I' jq',,! "'.1.0'1'1-'" I ,"" , "~" \" I . ~ 1"01,..,,, ',,1 I'] 11'1 h,.! I". ',',;,." .!' "1:1,0 ,.." I. ..,....."- CI'TtPtC~TI OP BI~ytCI t nerel:lY certifY that on tl'liB date, October :a, 1~96, t lSuved a copy of the foreguing Motion on the Defendant by mailing said copy by U, S. Mail at Harrisburg, PA to counsel for Defendant at the following addrelSsl , , , , 1\' . , , < [1 , " . I , l' ,. " . 1.1 ~osemary A, McDermott, BlSq. 128 Baet Main street 'l'hurmont, Me 21788 ,". II . . I" I..f /Ill' .. It I; r.- f~' Octob..'r' '23;: 1996 ~co.~ Peter B. poster Attorney for Plaintiff , ' " " , , , , , I, I ~ " , , ' " " " , , ,', ! " " " I' I /I " " , " " '\ , , , , , " , , , ti- . INTI iii C'OLJllT OF COMMON filllVUII ^ WllllurK l'lahlllll' . 111.r!MI ()Ii C'l/MIIEltI.ANI> . COUNTY,I'A va . NO 96,ms ('IVII. TI1RM I'alllola Lynn llIadulI . CUSTODY Oor.mdanl . . 0 . . . . . . . . . . . o.B.D1lJl ttt AN D NOW this ~ dny of October. 1996, liller cllIH;idcmtion of the Petition for Speclnl Relief, IT IS HEREBY ORDERED thlll Defendnnl, I'lIll1elnl.. Uludl!n, shnll hllw temporary custody of the child, Austin Winters, pending n heunng, TRUE COpy FROM RECORD In T'I~unlOnv whnrnol, I tlllfil Ulllll '~lII11Y MrMl and lilt! S1t1111!1 sala COllrl lit CllllI~lc, lla, TI1Iti.2h~llilY oLU., r, t.... 1!~-'~ '-- _' " ( . ).llJ.u.......,J ~" <y I l'rothonolAry , ~,",j V:~N,\1.\ S~:' "',jl" 'f'~ .,......,. .. , I. ,t ~ ' ;, , , ' 611~ 'lId \ ~ l:JU 96 .J'" ^bl.,I.(/,l\.Jfl...\,. .:!.:" ~~ ~OlHo-Q] IIJ " . IN TIm COURT OF COMMON Sluvun A Wlnlura 1IIIllnlllT . PLEAS OF CUM1H!IU.AND . COUNTY,I'ENNSYLVANIA VI . NO 96.5395 CIVIL 'Il!RM Pamcln Lynn Bladen . CUSTOPY Perend"nl . 0 . . . . . . . . 0 . 0 0 PETITION FOlllliCIAL IW1J.EE AND NOW comes the De/cnrlulII, PUlIlelu L, BllIden, by her allomey, Roselllllr)' A. McDenlloll, unrl respecllhlly requests Your Honorllble Court liS follows: J. Thllt the Defcndunt, Pamelu L. Uludcn resides lit 1762 Jacob Bnlllner Drive, Frederick, Maryland 21702, 2, 11mt the Plaintill', Steven A Winters, is residing ut un lInknownlocalion in York County, Pennsylvaniu, 3. That one (I) child was bom 10 Ihe parties, nUlnely, Austin Winlers, bom April 19, 1995, 4, 111at the child hud beell residing with the Defendant, who is B fit und proper person 10 have cuslody, since his birth nntil September 28, 1996 al which lime the child was abducted by his tilther, the PlaintiO', and removed 10 an unknown pluce in Pennsylvllnia, 5, 011 or about October 3, 1996 Ihe Plaintilf tiled UII lIction wilh your Honorable Court, The Defelldunt, liS of this dute, has nol bee 11 served, ..'.. " tr . IN '/'1'1l! ('()LJln OF COMMON Shlwn A WhllllrN /llalntll}, . 1'l.nAS 011 C'LJMnmU.ANl> . COUNTY,I'A \IN . NO 1)0.5395 CIVIl. TERM /lll/neln Lynnlllndlln . CUSTODY Delendnnt . . 0 0 . . . . . . . . . . QlWER ctt- AND NOW this "" dny of Octobcr, 1996, ullel' considerntlon of thc Petition for Spccinl Rclief, IT IS HEREllY ORDERED thnt Dclendunl, Pnmclll L.. Blndcn, shnll hnve telllpornry custody of the child. Austin Winters, pending n henring, WN/I'},~st!I~~~"'M }lt~r(""\' :" I ~ ",.' GII~ IIJ \;;i:JlJ% A\.Jv.l.v, ;\.1-1;.1.'" I;,: Ii. :\0 ~O\;J~O (]J\I~ . IN TIll! ('OUI\'\' OF ('OMMON SIUWIl A Wltuurs l'lultullr . 1ll.I!AS 01' ('UMnElU,ANI> . ('OUNTY.I'liNNSYI.VANIA \lK . NO 1)(,,5,195 CIVIL TlmM I'ufllclu l.YlllllllRdell . ('LJSTOl>Y OlllillldRIlI . . . 0 . . . . . . . . . . ~ETlTlON FOR SI'EClAL JlELlEf AND NOW COIII\!S the Delcndnnt, Pnm\!ln L.. Blnden. by her n1l0l11\!Y, Ros\!llInry A. McDennoll, IInd I'csp\!ctthlly I'cquests YOUI' HOllornbl\! Court ns follows: I, Thnt the lJclcndllnt, Pnlllchl L. IlIl1den resides lit 17f)2 Jacob Brunner Drive. Fl'ed\!l'ick, Mllrylllnd 21702, 2, Thatlh\! Pluilllin: Steven A. Winters, is residing lit IInunknownloclIlion in York County, Pennsylvllnin. 3, Thnt one (I) child WIIS bom to the parties, namely, Austin Winters, bom April 19, 1995, 4, Thntlhe child hnd been residing with the DelcndlUlt, who is II 111 und proper person to have custody, since his birth unlil September 28, 1996 III which time Ihe child was nbducled by his lather, Ihe Plainlin: IInd removed to an unknown plllce in Pennsylvania, 5, On or IIbout Oelober 3, 1996 the Plaintitl'tiIed nn aclion with your Honornble Court, The Detimdanl, liS oflhis date, has nol been served, ~~ , ' ~ '! ~ ~ ~l '1 & "') I'; ,(1 . tt,: ~ " n.. I~, ~; ,... '~.t~ III "1 - ~g2 i p./ g I~ ~ ~ " '" " " " , , " , i' " :1 " iI , , if ii, i I " "i d , " /,1\ j'l '1 0,1 " , , " Ii; . [, ';IJ/J- . IN TIll! COlJln OF COMMON Sll!wn A Wlnlllr6 l'llllfllllr . l'lJ!AS OF ClIMm~I~LANf) . COUNTY, PA Y6 . NO 1)1\,5395 CIVIL TERM I'amela Lynn D1llden . CUSTODY Oetcndanl . . . . . . . . . . . . . . CE!I,J..TIIlICATE OF SEll VICE I HEREBY CERTlFY Ih~I.9 ~"opy oflhe I)elltion for Special Relief was mailed certlllcd IIrsl clan postllge prepaid Ihls ~ day ofOclober, 1991\ 10 Peler FOSler, Esq., Allorney for Plalntilf. 121 South Streel, Harrisburg, PennsylYBnla 17101, /.II, IIf' ~t. Dale !,I I', ~II '.. ~ ~. c;: , .,~ I,) b & .r. ,I ~~:~ ,,.!, il I,:: I,J't/ t.. r'rild Ii ~p, ""' ;1'~J l.: - ~~ ll' W I": ~ ~ " " , , II, " ;j " 11I1 P l'1nntJ-- .5teVI? VI ~ tJ,(d-" r 5 , plaintiff I IN TillS COURT OF COl>lMON Pj'.,EM OF I I CUM13ISHLflNP COUNTY, preNNSYj'.,VANIA I I NO, 911- I, ~Ii',' CIVIl. TERM I I CUS'l'OPY v. P.4melt>.. /...' I3/Cldt!/'\ , Pef.endant pRDER OF COURT ANP NOW, upon consideration or tho attachod oomplaint, it iQ he ropy directod that tho partiea Bnd their roapoctivo counsel appoal:" perora \\"~,, \ i, (~\\\'.'\I t ''', , tho conciliator, at L I \ h. ~ I, " , l'^'''~1 ,lu. \., on tho ' ~\I~~ay of 1~"LlP,.\ ~ (~ 1996, at -'b, ,)Ull,m., ror a pro"lIoadng cUlltody Conference. At suoh conferenco, an effol:"t wil.l po made to I:"l!lsolvo the issues in dispute/ or if this oannot po accomplished, to dofine and narrow tho issues to pe heard Py the OOUl:"t, and to entel:" into a temporary ol:"der. Failure to appeal:" at the oonference may provide grounds for entry of a tempol:"ary or permanent order. By the COUl:"t, , l' conciJ:iator YOU SHOULP TAKE THIS PAPER ro YOUR LAWYER AT PO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEj'.,EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN Gl;;T LEGAL HEx.P. COURT ADMINISTRATOR, 4th FLOOR CUMBERLANP COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 lQ . . . commonwolllth. 'rhl! oourt, torm and numbar, lSnd ito relationohip 1:0 I:his aotion illl Plaintiff (knowlI) ~.~~~ot_!tn~~)l of a po non nol: II po rl:y to I:he proooodings who has physioal oustody of tho ohild (ron) or claims to huvo oustody or visitation rights with rospoct 1:0 the child(ron). The name and uddress of suoh person ise 7. rhe pest interoot and permanent wolfare of the child(ren) will be servod by granting the relief raquested beoausel ~ln 'lHQ..lJ. bu U'\ (I l)\'.,bi, \-(\,\ Q')II.lt1(\~bf~\JLnt II' 8. Each parent whooe parental rights to the chHd(ren) havllI not been torminated and the peroon who has phYllioal custody of the ohild(ren) have been nllmed IlS parties to this action. All other persons, named below, who aro known to have Qr claim a right to oustody or visitation of the child(ren) will be given notice of the pendency of this action Ilnd the right to intervenel NAME ~ ~l:N ADDRESS ~ 7(,.) To.. cob or edt, L f( md BASIS OF CLAIM !?runner ((I.,'Sf - J/7oJ, WHEREFORE, Plaintiff requests this court to grant ~~t~~(temporary custody) (visitation) of the child(ren) 1:0 the Plaintiff. Respectfully submitted, Date , 51t-U-(-,-II!J~ Plaintiff 2.D. ~) d ~ \J ~ . ..... rv..., U~ \\ '~ ., .' " .\'. I!' ~,$J , ! I .~~ .~ I " . I. I , '1 " ! , . , , 'I STEVEN A. WINTERS, Plalntlff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 'It. ,').N',' : 98.5598 CIVIL TERM v. PAMELA LYNN BLADEN, Defendant ~'t AND NOW, February 3,1997, tho parties having appeared for hearing with their respeotlve counsel, It Is agreed as follows: 1. The parties shall have shared legal custody of Austin R. Winters, born April 19, 1995. 2, Father shall have physical custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p,m" commencing on February 14, 1997. 3, Mother and Father shall meet at Mt. Saint Mary's College, Emmltsburg, MD, at 6:00 p,m. for pickup and return of the child. I-- I , .' J. Peter B. Foster, Esquire For the Father Rosemary A, McDermott, Esquire For the Mother II . l "\ II", (\ <",.~'l \..~l.L'v 'X..I"t'~ . ,1' ,..'./ ',')1 'I 'l . .\' ~' , . j /1 . " .... .\J". ,',I