The URL can be used to link to this page

Home My WebLink About00-01687 ~ Shirley Diley, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- /{,f? CIVIL TERM Jack Saunders, Defendant CUSTODY CUSTODY ORDER _ " ~1.-1- M<.N..b:, . AND NOW, this ~ day ofF"bn".,;' 2000, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Michael Diley (DOB: 03/16/91). L The plaintiff, Shirley Diley, shall have primary physical and legal custody of the child. 2. The defendant, Jack Saunders, shall have supervised visitation at times and places agreed upon by the parties. 3. 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. 4. This Order remains in effect pending further Order ofthe Court. By the Court, J !if., L(j oL <. ,,)- (). , Judge f r ~n\) , '!/~~'~ . . ~ fl'...ED-()fFICi: OF T~"" <::'P(',I'JO:'iOT~R\I .--' ,'. r:-" . " ~, 1, ,,\ '\1' .1 OOHl\[l.22 PM \:5() CLlMBERiY,ND COUNtY , " PENNSYLVANIA '. ,~ i If entered pursuant to the consent of Plaintiff and Defendant: ~l;:' f/~CTjiJ ~cr ~ Slrid'YDil'Yq ~...., , oan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa l7013 (717) 243-9400 , ~ Shirley Diley, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs. : NO.OO- II..P7 CIVIL TERM Jack Saunders, Defendant CUSTODY COMPLAINT FOR CUSTODY L The plaintiff is Shirley Diley, residing at 1121 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Jack Saunders, residing at 310 South North Street, Dania, Florida. 3. The plaintiff seeks custody of the following child: Name Present Residence Aile Michael Diley 8102State Rte. 43 PO Box 103 E. Springfield, OH. 03/16/91 The child was born out of wedlock. The child is presently in the custody of Thomas Diley, Plaintiff's brother, who resides at 8102 State Rte. 43, P.O. Box 103, East Springfield, Ohio. During the last five years, the child has resided with the following persons and at the following addresses: Name Address Date Thomas Diley LeeAnn Hendershot 8102 State Rte. 43 E. Springfield, OH 10/18/99-Present Shirley Diley 273 E. Pomfret St., Apt. B Brian Rowe Carlisle, P A Shirley Diley 851 N. Hanover Street Brian Rowe Carlisle, P A Shirley Diley PO Box 400 Brian Rowe Acme, P A Donna Kuester Shirley Diley 313 Jackson Street Brian Rowe E. Liverpool, OH. Shirley Diley New Stanton, PA Brian Rowe Shirley Diley Main Street Brian Rowe Amsterdam, OH Shirley Diley Reichert Trailer Ct. Brian Rowe Wintersville, OH 01/09/99-10/18/99 12/98-01/09/99 10/98-12/98 05/98-10/98 04/97-05/98 09/96-04/97 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 of the child, Michael Diley, is Jack Saunders, currently residing at 310 S.W. First Street, Dania, Florida. 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 defendant to the child is that of father. The defendant currently resides with the following persons: ., Name unknown Relationship unknown 6, The plaintiff has not participated as a party or witness, in other litigation concerning the custody of the child 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 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 retum the child to her. After seeking legal advice, 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 plaintiffs 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 Reriods of supervised visitation with the father at agreed upon times and places. 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: Thomas 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, ~~/(4~ 0,,0 Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ~ . , The above-named Petitioner, Shirley M. Diley, verifies that the statements made in the above Petition are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 1 8 Pa, C.S. 94904, relating to unsworn falsification to authorities. ~s::-.~ ffit -ll\-0rJ ,-<J Shirley M. . y, Petition&} Date: OJ. -Lj-oo ~ ~ c~: E~~' (~.S~ ~:;~ -'"~.- :....,;; ......~;: :..~ -< ~ ~ " c < c::> o o -" :7.f c;; ;JJ ..;-: fT! ;;''1'' ~~~?, ~~ ,.> ~J --< ~} N o '" "":.l.. r:- :::> en Shirley Diley, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- IU7 CIVIL TERM Jack Saunders, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA P AUPERlS To the Prothonotary: Kindly allow, Shirley Diley, Plaintiff, to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, 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. ~@.h7 Attorney for Plamttff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 AFFIDA VIr IN SUPPORT OF PETITION FOR LEA VB TO_PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial 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 Address: 1201 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 aoolicable Interest: no Dividends: no Pension and annuities: no Social Security benefits: no Support payments: $50.00/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 aoolicable Salary or wages per month: not aoolicable Type of work: not aoolicable 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 PlYmouth Reliant Cost $1299 Amount owed $910 Stocks; bonds: no Other: , DO__ Year 1987 (f) Debts and obligations Mortgage: no Rent: ,no" Loans: .no Monthly Expenses: $753- (g) Persons dependent upon you for support (Wife) (Husband) Name: no Children, if any: Name: Michael Dilev Age: DOB: 03/16/91 Name: Brian Rowe. Jr. Age: DOB: 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. COS. 4904, relating to unsworn falsification to authorities. Date:.:t-A /2lW , ./ (") f. """::':-j r"--l -;:.' --'i ~"C~ 0:,\ "'..~; -~ ..-';, ~C) ~-,~~ :.;>~ -~ -< = c:> o -" :::!' , i:i~ p:;l -~m ""CJ ~~~ (L) ~~ c.~nl ~E -< -l!... == :;0 1',) a :2 ~ r- .:::> u: