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HomeMy WebLinkAbout02-5078DAVID L. VARNER V. CHASAITY S. MOSER :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA :: NO'4~).2 .~ ~O'Tg' CIVIL TERM · ': IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff David L. Varner who resides at 308 Newburg Road, Newburg, Cumberland County, Pennsylvania, 17240. 2. Defendant is Chasaity S. Moser, who resides at 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania, 17240. 3. Plaintiff and defendant are the natural parents of David L. Varner, Jr., born May 12, 2002. 12,2002. Plaintiff seeks primary physical custody of David L. Vamer, Jr., bom May 5. The child is presently in the custody of plaintiff. 6. From birth the child resided with plaintiff and defendant until their separation on October 14, 2002. 7. Plaintiff has not participated as a part or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because the child should have a close and continuing relationship with both parents and plaintiff can provide a more stable environment for the child. WHEREFORE, plaintiff requests the court to grant primary custody of the child to plaintiff. Frances H. Del Du~a, Esq. Attorney for Plaintiff Dated: October 18, 2002 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 10 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: DAVID L. VARNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : 02-5078 CIVIL ACTION LAW _, CHASAITY S. MOSER : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 23, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_acqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 12, 2002 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, 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 age five or older may also be present at the conference. Failure to appear at the 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: Is~ Jacaueline M. Vernev. Esa. ~_ ~ 'Custody Conciliator ~ I~ 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 heating or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY 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 DAVID L. VAB24I~R' plaintiff Ve · . IN TIlE coURT O~F COMMON pLEAS : cuMBERLAND COUNTY, pENNS'¥L¥ :NO. ~002-5078 cI~L T~ : cIVIL ACTION .LAW ciiASAIT~ S. MosER, Defendant :: IN cusTODY · ~-. ] ~ ,2002, upon J L] · _c ~) ~-Y~'~~ed and di~eetea as . ~ayot~~ ~ itts ~<D NOW, this ~ ~.. Concihauon Repo , ~.] _c thc aaached Custou~ consideration m is ~e custody po¢ion of the pFA Order of Co~ dated October 25, 2002 1. acated . Chasait~ S Moser, shaft hereby ~ ' __n ~he MotheL _~.~ ~h n~ent shal~ ~ Father, David L. May 12, .... 2. t,~ -- ~ ~avid L. ~mnc~' ~--, ent, to make all major non- have sh~ed legal custody ot ~. . · :_a~, with ~e other P~ . ,_.a;no but not braced . i bt. to be exerc~sea 3°}~}}J .....~1 ,~e -bein mctu~, ~, emergency decisions a' ' ha~e ~ eq~ r g . -ffecfing the Chila s g~, ....... ¢ g to, all decisions reg~ding his health, education ~d religion. 3. Mo~er shall ha~e prim~ physical custody of the Ched. 4. Father shall ha~e periods of pagiaX physical custody as weekends begi~i.ng No~ember 29, 2002 A. E~ery Wednesday kom 5:00 p.m. to 9:00 p.m. from Friday at B. Alternating 5:00 p.m. to Sunday at 5:00 p.m. . ather shallhave physical = '~ eTh~sgl g ,~a.aonm. ana~ .... ers >. _h ..... ~:00 a.m. tu ~.~ ~' custody of the Chila ~rom ~ - 9:00 p.m. · · . · to two Blocks. Block A shall be of the Child ~om 3:00 p.m. to _ ,:~,, shall be dx~ided xq~ ~ x~on Block B shall be The C~istmas nonuaj ~,_ . .... Da~ at tzTM ~'~ ' ~'. ..... ~ e at 12'00 Noon to C~tsun~o ~ ~ Mother shall ha~e from C~istmas Day at 12:00 Noon to December 26 at 12:00 Noon. Father shall ha~e odd n~bered ye~s. During C~istmas, Block A in e~en numbered years ~d Block B in odd numbered ye~s. Block B in even nmbered ye~s ~d Block A in o~e~ght December 26 to 2002, Fa~er's C~istmas holiday shall be extended to December 29, 2002 at 5:00 p.m. to coincide wi~ his alternating weekend schedule. AINflCO Xk~'/iONOHtOUa 3i-ti JO 33H.40<]39W 7. Transportation shall be shared such that the receiving party shall transport the Child. custody. Neither party will partake in illegal drugs while the Child is in their 9. Neither party may remove the Child from the jurisdiction of Cumberland County without prior Order of Court. 10. 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. The parties shall return to a Conciliation Conference on January ,.9, 2003 at 8:30 a.m. BY THE COURT, J. 0Hesley Oler, J .~.~ cc: Frances H. Del Duca, Esquire, Counsel for Father Joan Carey, Esquire, Mid Penn Legal Services, Counsel tbr Mother DAVID L. VARNER, Plaintiff CHASAITY S. MOSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-5078 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 conceming the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF David L. Vamer, Jr. May 12, 2002 Mother 2. A Conciliation Conference was held in this matter on November 19, 2002, with the following individuals in attendance: The Father, David L. Vamer, with his counsel, Frances H. Del Duca, Esquire and Mother, Chasaity S. Moser, with her counsel, Joan Carey, Esquire, Mid Penn Legal Services. 3. A final PFA Order, dated October 25, 2002 was entered by the Honorable J. Wesley Oler, Jr. granting Mother primary physical custody and Father partial physical custody as agreed by the parties. Since the PFA Order, Father only saw the child on two occasions. 4. The parties agreed to the entry of an Order in the form as attached. Date . Vemey, Esquire Custody Conciliator JAN 31 7003 DAVID L. VARNER, Plaintiff Ve CHASAITY S. MOSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5078 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~' & day of ~"'C~ ' ~ 23 '> ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 25, 2002 shall remain in full force with the following additions and modifications 2. In the event Mother is in need of babysitting services for longer than one hour, she shall notify Father's Mother or Grandmother and offer the time to Father. 3. The Easter holiday shall be split from 9:00 a.m. to 3:00 p.m. and 3:00p.m. to 9:00 p.m. Father shall have the earlier time and Mother the later time in 2003. 4. Mother shall pick up and drop offthe Child at Father's Mother's or Grandmother's home. 5. 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. The parties shall return to a Conciliation Conference on April 24, 2003 at 8:30 a.m. BY THE COURT, ~ j.y~esl!y~Oler, jr.j//~, -~~~. cc: Frances H. Del Duca, Esquire, Counsel for Father r) .c~..~~6 Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Mothe DAVID L. VARNER, Plaintiff V. CHASAITY S. MOSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-5078 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 conceming the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David L. Vamer, Jr. May 12, 2002 Mother 2. A Conciliation Conference was held in this matter on January 29, 2003 with the following individuals in attendance: The Father, David L. Vamer, with his counsel, Frances H. Del Duca, Esquire and Mother, Chasaity S. Moser, with her counsel, Joan Carey, Esquire, Mid Penn Legal Services. 3. The Honorable J. Wesley Oler, Jr. entered a Custody Order dated November 25, 2002 providing for shared legal custody, Mother having primary physical custody and Father having partial physical custody on altemating weekends and every Wednesday evening. 4. The parties agreed to the entry of an Order in the form as attached. Date ~acq~/eline M. Vemey, Esquire Custody Conciliator DAVID L. VARNER Plaintiff V CHASAITY S. MOSER Defendant :: IN TI-W~ COURT OF COMMON PLEAS OF ...' CUMBERLAND COUNTY, PENNSYLVANIA :: NO. CIVIL TERM :: 0.2--~ ,'~ :: IN CUSTODY COMPLA rr 1. The plaintiffDavid L. Vamer who resides at 308 Newburg Road, Newburg, Cumberland County, Pennsylvania. 17240. 2. Defendant is Chasaity S. Moser, who resides at 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania. 17240. 3. Plaintiffand defendant are the natural parents of David L. Varner, Jr., born May 12, 2002. 4. Plaintiffseeks primary physical custody of David L. Varner, Jr., born may 12, 2002. 5. The child is presently in the primary physical custody of the defendant. 6. From birth the child resided with plaintiff and defendant until their separation on October 14, 2002. 7. The plaintiff has participated in conciliation before concerning the custody of the child in this court. The plaintiff has custody proceedings concerning the child in a court of this Commonwealth. 8. The defendant is in violation of the guidelines set by the order of court on Feb. 3, 2002. The modifications to the court order set on Feb. 3, 2002. (82). In the event the defendant is in need of baby sitting services, she shall notify the plaintiWs mother or grandmother, and offer the time to the plaintiff. (#4) The defendant mother shall pick up, and, or, drop offthe child at the plaintiff's mother's or grandmothar's home. 9. The defendant has been in physical abuse and altercation,,: from her present boyfriend with the child present. Such an environment is not good, or healthy for the well being of said child. Defendant and boyfriend have been constantly moving from place to place and living mainly in motel rooms. 10. Neither the defendant or her boyfriend have been employed in the past year. Their has been no consistent source of income to support the needs of the child in question. Defendant has missed several of the child's doctor appointments. The child is eurrantly behind on shots, and regular cheek ups. 11. Defendant and her present boyfriend are heavy constant drug users, and the defendant has received a hot urine test for cocaine from her parole officer, on or about, the first week of May 2003. 12. Defendant has been dishonest with the court in prior conciliation. Facts of child,s doctor appointments, said drag usage, and arrangements of the child are evident. Defendant has ignored the court order on several occasions in the past. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because the child should have a close and continuing relationship with both parents and plalntiffcan provide a more stable environment for the child. WHEREFORE, plaintiffrequests the court to grant primary custody of the child to The plaintiff. David L. Varner Sr. Dated: July 28, 2003 DAVID L. VARNER PLAINTIFF V. CHASAITY S. MOSER DEFENDANT iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5078 CWIL ACTION LAW iN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 05, 2003 , upon consideration of thc attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 03, 2003 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, 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 age five or older may also be present at the conference. Failure to appear at the 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/ ]acqueline M, Verney. 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 ATTORNEY AT ONCE. IF YOU DO NOT ItAVE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SEP 042003 DAVID L. VARNER, Plaintiff V. CHASAITY S. MOSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - ]LAW : : NO. 2002-5078 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this ,~(~ day of ~q' ~'~-~Lc~ I, 2003, upon consideration of the attached Custody Conciliation'Report, ii is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. / , of the Cumberland County Court House, on the /72P~ day of~/~u~_, 2003, at ~.'3t9 o'clock, ~[. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated November 25, 2002 and February 3, 2003 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. BY THE COURT, JTe;ley Oler,'J~j) cc: Dax~id L. Vamer pro se .~Jo~'Carey, Esquire, Mid Penn Legal Services, Counsel for Mother oq -rTZ DAVID L. VARNER, Plaintiff V. CHASAITY S. MOSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : : NO. 2002-5078 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Cl~tild who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David L. Varner, Jr. May 12, 2002 Mother 2. A Conciliation Conference was held September 3, 2003 with the following individuals in attendance: The Father, David L. Vamer, pro se, and the Mother, Chasaity S. Moser, with her counsel, Joan Carey, Esquire, Mid Penn Legal Services. 3. The Court previously entered Orders on November 25, 2002 and February 3, 2003, providing for shared legal custody with Mother having primary physical custody and Father having periods of partial physical custody. 4. Father filed a Complaint for Modification alleging violations of the current Orders and seeking primary physical custody. 5. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father alleges that Mother is in violation of the babysitting clause of the Order of Court, that she uses illegal drugs, that she is subject to domestic violence in the Child's presence and that she has failed to obtain appropriate medical care of the Child. 6. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody of the Child. She denies Father's allegations and asserts that Father is a drug dealer and was recently released from prison. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Orders of Court. It is expected that the Hearing will require one day. Date Vemey, Esquire iliator DAVID L. VARNER :: :: V. :: CHASAITY S. MOSER :: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PESNNYLVANIA CIVIL ACTION - LAW NO. 2002-5078 CIVIL TERM IN CUSTODY ORDER OF.~__COURT AND NOW, this ! ~ t~, day of December, 2003, on consideration of the attached Agreement of the parties, it is ordered and directed as follows: 1. David L. Vamer, father of David L. Varner, Jr. and Chasaity L. Moser, mother of David L. Varner, Jr. shall have joint legal custody of David L. Varner, Jr., born May 12, 2002. 2. Father shall have primary physical custody of the child. 3. Mother shall have partial custody of the child every other weekend and as the parties may agree. 4. Neither party will partake of illegal drugs when the child is in their custody. 5. Neither party may remove the child from the jurisdiction of Cumberland County without prior order of court. This order is entered pursuant to the Stipulation agreed to by the parties. CC.' F°/~rrances H. Del Duca Counsel for Father L2/~ssica Diamondstone Mid Penn Legal Service, Counsel for Mother BY THE COURT,/~-) ~/ · Wesle3C~r, Jr DAVID L. VARNER V. CHASAITY S. MOSER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PESNNYLVANIA CIVIL ACTION - LAW NO. 2002-5078 CIVIL TERM 1N CUSTODY .STIPULATION David L. Varner is the natural father of David L. Varner, Jr., born May 12, 2002. child. Chasaity S. Moser is the natural mother of David L. Vamer, Jr. The parties agree that they shall have joint legal custody of the child. The parties agree that the father have primary physical custody of the 5. The parties agree that mother shall have partial physical custody every other weekend and at other time as the parties may agree. 6. The parties agree to the entry of the order attached hereto. IN WITNESS WHEREOF, the parties have set their hands and seals. ~ - ~ ' Chasaity ~. Moser -