HomeMy WebLinkAbout00-01734
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MAR 2 3 ZO~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JODIE L. V AHNER,
Plaintiff
: CIVIL ACTION LAW
-, .....
v.
.
: No. _ 2000- ['73'-1- ~\EAfY\
CHARLENE K. SHIELDS,
Defendant
: CUSTODY
ORDER OF COURT
AND NOW, this ;:)"1 day of Un (' ,2000, upon consideration of the
attached complaint, it is hereby directed that the above parties and their respective counsel
appear before ~ c" ~, Esq., the conciliator, at
<)<1 'W ~()'I["~ t-\(T\Nx\l G "b- ~ ' Pennsylvania, on the n day of
~'\ ' , 2000, at \ " eM., fur a Pre - hearing Custody Conference. At
such cohference, 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 be present at the conference. Failure
to appear at the conference may provide grounds for the entry of a temporary or
permanent order.
FOR THE COURT:
BY: ~,,,)i\ ,*" ~lIrj\~~U CAi'
Custody Conciliator ) '(1) ~
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HA VB ALA WYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
THE CUMBERLAND COUNTY BAR ASSOCIATES
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
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OF TH~ PR~):!~':)~':OTARY
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CUM8ERLftND cOUr,ny
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JODIE L. VARNER,
Plaintiff
: Civil Action Law
v,
: No,
of2000 -1'13+ G..,:...;.QT~(Y")
CHARLENE K. SHIELDS
Defendant
: Custody
COMPLAINT FOR CUSTODY
I. The Plaintiff is Jodie L. Varner whose address is 247 Whiskey Run Rd., Newville, PA
17241.
2. The Defendant is Charlene K. Shields whose address is 15 Cherokee Dr., Shippensburg,
Cwnberland County, PA 17257.
3. Plaintiff seeks partial custody of the fo llowing child:
NAME
PRESENT ADDRESS
AGE
Jolene L. Shields
15 Cherokee Dr.
Shippensburg, P A 17257
4 Years
4. The parties were unmarried at the time of the child's birth.
The child is presently in the custody of Charlene K. Shields, 15 Cherokee Dr.,
Shippensbnrg, P A 17257.
The child has resided with the following persons at the following addresses:
2
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DATES PERSONS
ADDRESS
5/99 to CURRENT Charlene K Shields
15 Cherokee Dr.
Shippensburg, P A 17257
3/97-5/99 Jodie L. Varner &
Charl=e K. Shields
139 S.M.E.
Shippensburg, P A 17257
PREVIOUSLY AT THE BELOW ADDRESSES AT VARIOUS TIMES
Jodie L. Varner &
Charlene K. Shields
326 Dublin Gap Rd.
Newville, P A 17241
Jodie L. Varner &
Charlene K. Shields
15 Witmer Rd.
Shippensbnrg, P A 17257
The mother of the child is Charlene K. Shields. Her address is 15 Cherokee Dr.,
Shippensbnrg, P A 17257. She is unmarried.
The father of the child is Jodie L. Varner. His address is 247 Whiskey Run Rd., Newville,
P A 17241. He is unmarried.
The relationship of Plaintiff to the child is that of natural father. He lives with no other
persons.
The relationship of the Defendant to the child is that of natnral mother. She lives with the
child and, to the best ofPlaintifPs knowledge, no other person.
5. Plaintiff has not participated in any custody action regarding the custody of Jolene L.
Shields in this Commonwealth or in any other jurisdiction.
To the best ofPlaintifPsknowledge there have been no custody proceedings regarding the
custody of Jolene L. Shields in this Commonwealth or any other jnrisdiction.
Plaintiff does not know of any person not a party to this proceeding who has physical
custody of the child or claims to have custody or visitation rights with resect to the child.
6. The relief requested is in the best interest of the child in that:
A. It is in the best interests of the child to develop a relationship with both parents.
B. Ms. Shields has made it increasingly difficult for Mr. Varner to have partial
custody periods with the child. She has completely cut of visits in the last month.
3
Each parent whose parental rights have not been terminated and the person who
has physical custody of the child have been named as parties to this action. All other
persons, named below, who are known to have a claim or right to custody or visitation of
the children will be given notice of the pendency of this action and right to intervene:
NONE.
7. To the best ofPlaintifl's knowledge the Defendant is not represented by counsel in this
matter.
WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter an
Order granting him increased periods of partial custody, leading eventually to an
alternating weekend custody schedule.
iectfy,lly SUbrnitld,
U J/;;vl {hi fhw~ f
~~~ M. Morris, .
Attorney for Plaintiff
318 E. King St.
Shippensburg, P A 17257
(717) 530 - 8679
ill # 74454
DATE: 0 3\~l \OCJ
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are subject to the penalties ofPa. C.s. Sec. 4904,
relating to unsworn falsification to authorities.
46/u/
J6DIE L. VARNER
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
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CUMBERLAND COUNTY, PENNSYLVANIA
8.DOC:J - n 2,'-/.
NO. CIVIL TERM
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Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
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Kindly allow, VI\\\tit\\ ' l.~llWt to proceed in furn1l1. paupem.
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unable to pay the costs and that I .am providing free legal services to the party. The party's affida~it showing
inability to pay the costs of .litigation is attached hereto.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
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Defendant
: CUMBERLAND COUNTY, PENNSYLVANIAc.
: NO. CIVIL TERM - ~ -11.3 '1- {1ja h;f
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AFFIDAVIT IN SUPPORT OF :pETITION
fOR LEA VB TO PROCEED IN FORM A PAUPERIS
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1. I am the ~ in the above maHerand because of my financial condition am ~na~~~c~ p~;~
the fees and costs of prosecuting, defending, or appealing the action or proceeding.
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2. I am unable to obtain funds from anyone, including my family and associates, to pay thec6stso(
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3. I represent that the information below relating to my ability to pay the fees and costs is true and
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Contributions from children:
(e) Property owned
Cash:
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Certificates of Deposit:
Real Estate (including home):
Motor vehicle: Make ?~N'~(...
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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. r understand that false
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statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to
authorities.
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JODIE L. VARNER, : IN THE CCORT OF CCMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 00-1734 CIVIL TERM
:
CHARLENE K. SHIELDS, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
ORDER OF COURT
day of
Custody
CO~Report,'
2000,
it is
AND NCM, this
upon consideratioon of the attached
ordered and directed as follows:
'"b '2---
1. The Father, Jodie L. Varner, and the Mother, Charlene K. Shields,
shall have shared legal custody of Jolene L. Shields, born september 15,
1995. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to,-all decisions
regarding her health, education, and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child in
accordance with the following schedule:
A. Beginning saturday, May 20, 2000, the Father shall have
custody of the Child on alternating weekends on both Saturday
and Sunday from 9:00 a.m. until 7:00p.m.
B. en the weekends of August 26 through 27, 2000 and September 9
through 10, 2000, the Father shall have custody of the Child
from Saturday at 9:00 a.m. through Sunday at 7:00 p.m.
C. Beginning on Friday, September 22, 2000 and continuing
thereafter, the Father shall have custody of the Child on
alternating weekends from Friday at 6:00 p.m. through Sunday
at 7:00 p.m.
D. The parties shall cooperate in adjusting the foregoing
progressive custody schedule by agreement as necessary for the
emotional well-being of the Child.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
In every year, the Mother shall have custody of
A. CHRISTMAS:
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the Child from Christmas Eve at 7:00 p.m. thorugh Christmas
Day at 1:00 p.m. and the Father shall have custody from
Christmas Day at 1:00 p.m. through December 26 at 12:00 rioon.
B. THANKSGIVING: In every year, the Mother shall have custody of
the Child on Thanksgiving Day until 2:00 p.m. and the Father
shall have custody on Thcmksgiving Day from 2:00 p.m. until
8:00 p.m.
C. El\STER: In every year, the Mother shall 'have custody of the
Child on Easter Sunday from 9:00 a.m. until 2:00 p.m. and the
Father shall have custody from 2:00 p.m. until 8:00 p.m.
D. MEHXUAL DAY/INDEPENDENCE DAY/LABOR DAY: In even numbered
years, the Father shall have custody of the Child on Memorial
Day and Labor Day from 9:00 a.m. until 7:00 p.m. and the
Mother shall have custody on Independence Day from 9:00 a.m.
until after the fireworks. In odd numbered years, the Mother
shall have custody of the Child on Memorial Day and Labor Day
from 9:00 a.m. until 7:00 p.m. and the Father shall have
custody on Independence Day from 9:00 a.m. until after the
fireworks.
E. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall
have custody of the Child from 9:00 a.m. until 7:00 p.m. on
Mother's Day and the Father shall have custody of the Child
from 9:00 a.m. until 7:00 p.m. on Father's Day.
F. PARENTS' BIRTHDAYS: Each parent shall be entitled to have
custody of the Child for a 3 hour period on that party's
birthday.
G. CHILD'S BIRTHDAY: The party who does not otherwise have
custody of the Child on her birthday each year, shall have
custody for a 3 hour period on either the day before or the
day following the Child's birthday.
5. Beginning in 2001, the Father shall be entitled to have custody of
the Child for up to 2 non-consecutive weeks during each surrnner school break
upon providing at least 30 days advance notice to the Mother.
6. The Father shall be responsible to provide transportation for all
exchanges of custody under this order, unless otherwise agreed between the
parties.
7. Each party shall enSure that the Child does not sleep overnight at
that party's parents' residence during that party's weekend periods of
custody.
8. In the event either party intends to remove the Child from his or
her residence for an overnight period or longer, that party shall provide
the other party with an address and telephone number where the Child can be
contacted.
.
9. This order is entered pursuant to an agreement of the parties at a
Custody Ccnciliation 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.
BY THE COURT,
J.
cc: Richard M. Morris, Jr., Esquire - Counsel for F
John J. Baranski I Esquire - Ccunsel for Mother
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JODIE L. VARNER, : IN THE CCORT Of' CCMMON PLEAS OF
Plaintiff : CUMBERLAND CCVNTY, PENNSYLVANIA
:
vs. : NO. 00-1734 CIVIL TERM
:
CHARLENE K. SHIELDS, : CIVIL ACTION - LAW
Defendemt : IN CUSTODY
CUSTODY ~ILIATICN SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND CXXlN'l'Y RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Jolene L. Shields
September 15, 1995
Mother
2. A Conciliation Conference was held on May l7, 2000, with the
following individuals in attendemce: The Father, Jodie L. Varner, with his
counsel, Richard M. Morris, Jr., Esquire, and the Mother, Charlene K.
Shields, with her counsel, John J. Baremski, Esquire.
3. The parties agree to entry of <m order in the form as attached.
Date
fht:J1 If', .J COO
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Dawn S. Sunday, Esquire
Custody Conciliator