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Home My WebLink About00-01686 ~ Shirley DiIey, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.OO- /&,Pb CIVIL TERM Brian Rowe, Defendant : CUSTODY CUSTODY ORDER AND NOW, this 2.t:o.t day off1,2'G~, 2000, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Brian Rowe, Jr. (DOB: 03/13/93): I. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to the father, shall have shared legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall have partial physical custody of the child at times and places agreed upon by the parties. 4. The mother and father, by mutual agreement, may vary from this schedule at any time, but this Order shall remain in effect pending further Order of Court. 5. The mother and the father shall notifY each other of all medical care the child receives while in that parent's care. Each parent shall notifY the other inunediately of medical emergencies which arise while the child is in that parent's care. 6. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. If entered pursuant to the consent of Plaintiff and Defendant: ~ ~, Km>>r:::/ Brian Rowe, Pro Se efendant Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 : <~ / ., '}"i P ,~ Shirley Diley, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- 1(,[>(,:, CIVIL TERM Brian Rowe, Defendant CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Shirley Diley, residing at 1121 Han'isburg Pike, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Brian Rowe, residing at 48 West North Street, Carlisle, Cumberland County, Pennsylvania. 3. The plaintiff seeks custody of the following children: Name Present Residence Age Brian Rowe, Jr. 8102 State Rte. 43 PO Box 103 E. Springfield, OH 03/13/93 03/13/93 The children were born out of wedlock. The child is presently in the custody of Thomas Diley, Plaintiffs brother, who resides at 8102 State Rte. 43, P.O. Box 103, East Springfield, Ohio. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Thomas Diley LeeAnn Hendershot Address 8102 State Rte. 43 E. Springfield, OH Date 10/l8/99-Present , Shirley Diley Brian Rowe 273 E. PQmfret St., Apt. B Carlisle, P A 01/09/99-10/18/99 Shirley Diley Brian Rowe 851 N. Hanover St. Carlisle, P A 12/98-01/09/99 Shirley Diley Brian Rowe Donna Kuester PO Box 400 Acme, PA 10/98-12/98 Shirley Diley Brian Rowe 313 Jackson St. E. Liverpool, OH. 05/98-10/98 Shirley Diley Brian Rowe New Stanton, P A 04/97-05/98 Shirley Diley Brian Rowe Main Street Amsterdam,OH 09/96-04/97 Shirley Diley Brian Rowe Reichert Trailer Ct. Wintersville, OH 10/95-09/96 The mother of the children is Shirley Diley, currently residing at 1121 Harrisburg Pike, Carlisle, Cwnberland County, Pennsylvania. She is single. The father, Brian Rowe, of the child, Brian Rowe, Jr., is currently residing at 48 West North Street, Carlisle, Cwnberland County, Pennsylvania. He is single. 4, The relationship of the plaintiff to the child is that of mother. The plaintiff currently is residing at 1121 Harrisburg Pike, Carlisle, Cwnberland County, Pennsylvania. 5. The relationship of the defendant to the child is that of father. The defendant currently resides with the following persons: Name Dolores Johnson Relationshiu Roommate 6. The plaintiff has not participated as a party or witness, in other litigation concerning the custody of the children in this or another court. In October of 1999, however, the plaintiff agreed that the child temporarily stay with the plaintiff's brother, and she signed what she thought to be the documents needed to allow the child to attend school. When the plaintiff returned to get her children in December of 1999, her brother refused to return the child to her. After seeking legal advise, the plaintiff revoked any documents she may have signed regarding consent to her brother retaining custody of her children, including what she found to be a waiver of notice in custody proceedings in Ohio, which to the best of the plaintiff's knowledge were not filed in an Ohio court to date. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff's brother refuses to return custody of the plaintiff's children to her. See paragraph 6 above for circumstances. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because the mother and the father agree that it is in the best interests of the child to remain in the mother's custody subject to periods of partial custody with the father at times and places agreed upon by the parties. 10. Each parent whose parental rights to the child have not been terminated are listed as parties to this action. The plaintiffs brother does not have standing in this matter. However, because the child is currently staying with him, the plaintiff's brother has been sent a copy of this pleading at the following address: ThQm,as Diley, 8102 State Rte. 43, PO Box 103, E. Springfield, Ohio. WHEREFORE, the plaintiff requests this Court to grant physical custody of the children to the plaintiff. Respectfully submitted, ~~~ (Jban Carey, , Attorney for Plaintiff ' LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (7] 7) 243-9400 The above-named Plaintiff, Shirley M. Diley, verifies that the statements made in the above Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 1 8 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: 8- L/ -00 -Shlr.O 'M ~ ,-J Shirley . Diley, Plalntiff (") r-; ::'->. ~~~: ~-~s c./" "-~ r-::r.:) ~€2 "7.7- =-::r -< ~, s:' = o o -n ,-, S:.:.T .-< ;;Ti;;:J ~~ o .-' dij -< 1'.' CO ..,., -.;. ~~ r:- = C";' G. ~ \;'- ., Shirley Diley, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- I~?b CIVIL TERM Brian Rowe, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Shirley Diley, Plaintiff, to proceed in forma oauoeris. I, Joan Carey, attorney for the party proceeding in forma pauoeris, certifY that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~:~~ o'an Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA P AUPERlS I. I am the plaintiff in the above matter and because of my fmancial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Shirlev Dilev Address: 39 Greenhill Road 11echanicsburg,PA.17055 Social Security Number: 302-66-1758 (b) If you are presently employed, state Employer: All American Truck Stop n__ _ ____ Address: 120 I Harrisburg Pike Carlisle, P A. 17013 Salary or wages per month: $546.00 Type of work: Cashier If you are presently unemployed, state Date of last employment: not applicable Salary or wages per month: not applicable Type of work: not applicable, (c) Other income within the past twelve months Business or profession: $270.00 Other self-employment: not applicable Interest: no Dividends: no Pension and annuities: no Social Security benefits: no 7' ,-= Support payments: $SO.OO/mo. Disability payments: no Unemployment compensation and supplemental benefits: no Worker's compensation: no Public Assistance: $403/mo. Other: No (d) Other contributions to household support (Wife)(Husband) Name: not aoolicable If your (husband) (wife) is employed, state Employer: not applicable Salary or wages per month: not applicable Type of work: not aoplicable Contributions from children: not receiving currentlv '- ~ '. (e) Property owned Cash: $0 Checking Account: $0 Savings Account: $2.68 Certificates of Deposit: no Real Estate (including home): no Motor vehicle: Make Plvrnouth Reliant Cost $1299 Amount owed $910 Stocks; bonds: no Other: no (f) Debts and obligations Mortgage: no Rent: no Loans: no Year 1987 Monthly Expenses: $753 (g) Persons dependent upon you for support (Wife) (Husband) Name: no Children, if any: Name: Michael Di1ev Name: Brian Rowe, Jr. Age: DaB: 03/16/91 Age: DaB: 03/13/93 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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. 4904, relating to unsworn falsification to authorities. Date:-'t~, 1.7r.l:2:;? .Ago", ~ Cf/\~~ ' /' Shirley . y