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Home My WebLink About00-03408 ,'~ , ' --"j '. .- '" ~':ll' j I I , I i I LARRY R. SHELLER, JR. PLAINTIFF v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTEN L. BITNER DEFENDANT 00-3408 CIVIL ACTION LAW IN CUSTODY Ht ! ORDER OF COURT AND NOW, this 7th day of June ,2000, upon consideration ofthe attached Complaint, it is hereby directed that the parties and their respective counsel appear befonMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Snite 105, Camp Hill, PA 17011 on the 29th day of June ,2000, at11:00AM 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 defme 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, Fai]ure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIIE COURT, By: Isl Melissa P. Gr. Es Custody Conciliator I", ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabi]ites Act of 1990, For information about accessible facilities and reasonable accommodations availab]e to disabled individuals having business before the court, please contact our office, Al] 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 HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE 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) 249-3] 66 I:i re G,' ),C)CJ t/) .CJ{) d> . ') -tJ,1 , I I I \ I i J '~ I '1 ~ i~,",~ -~-"""""'-'~""'-' "-~ ~ ~ -I! P' ,,'- "Flr-E" r ~~.LJ""'....r, '.... Oc: TC':' cC(YI-un~:OTARY .'1 , '" :, '..' : ",'1''.: f I 00 JUN -7 P1112: 1,5 CUMBERLAND COUN'fY PENNSYLVANIA Mt'~~~ ~a4 ~ 71~ ~ Z2 ~ 9?~. ~ ~ ' 4~'~!f/,T.// i i.' ~' , , , , , :: ! ! - ,'~'"" ~; , , r_f'!1:!!'_~\~~~f:,",'lWI;w"'-~~~~"'"'7"~~' _"_ ~-r~filI' , l~ '., - , . '.. ,"< "'"''',0 '__, '" _.'. J"" ,'~ - ,.;" i'~ "-'_j,, ~"": _,,,l:,,,,,, .'_"'2 '_. " +'. ~ ""' LARRY R. SHELLER JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. ro - 3t.f~f CIVIL TERM KRISTEN L. BITNER, Defendant : CIVIL ACTION--LA W : CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2000, at _.m" 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. BY THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 - ~ LARRY R. SHELLER JR. Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. t>v - 3 '10! CIVIL TERM KRISTEN 1. BITNER Defendant : CIVIL ACTION -- LAW : CUSTODY COMPLAINT IN CUSTODY 1. The Plaintiff is LARRY R. SHELLER JR., residing at 1048 Trindle Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is KRISTEN 1. BITNER, residing at 32 Kenwood Drive, Carlisle, Cumberland County, Pennsylvania, 3. Plaintiff seeks primary physical custody of the following child: NAME PRESENT RESIDENCE AGE Kayla Michelle Sheller' 1048 Trindle Road Carlisle, PA 17013 The child was born out of wedlock. 4 yrs, (DOB 6/13/95) The child is presently in the custody of Plaintiff, During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESS DATE Larry R. Sheller, Jr. 4 Cherry Drive Carlisle, P A 17013 birth-5/99 Larry R. Sheller, Jr. 1048 Trindle Road Carlisle, P A 17013 5/99-present Kristen 1. Bitner 32 Kenwood Dr. birth-4/21/00 Carlisle, P A 17013 Since birth, Kayla Sheller has generally followed the pattern of residing with Plaintiff from Thursday through Sunday each week and residing with Defendant Monday through Wednesday of each week. " ~, ,-'-, "",,,1-, ,I", ',-'--"., ,", _~,. _ "- ",'" ,'.- ,,< ~", c' ",_ ",_ c """ ",-'--I' "~: !L...:. " The mother of the child is Defendant. She is unmarried. She is divorced from Tracy Bittner, who is not the father of the subject child. The father of the child is Plaintiff, He is single. 4. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Larry and Lorraine Sheller, Sr, parents 5. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: Defendant is currently incarcerated in Cumberland County Prison on drug related charges, When not in prison, there are apparently numerous unrelated adults residing with Defendant at 32 Kenwood Drive, Carlisle, Pennsylvania in various temporary arrangements. 6. Temporary custody of Kayla Michelle Sheller was awarded to Defendant, Kristen Bitner, in a PF A dated June 20, 1996, which has now expired. Plaintiff has no information of any other custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person nor 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, 7, The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: a, The defendant is currently incarcerated in Cumberland County Prison having been arrested on or about April 21, 2000 on drug related charges; b, There has been decreasing stability for the child due to the defendant's deteriorating lifestyle as well as increasing danger to the child at Defendant's residence >_c.. "'i._'-'.___-_.L,.;_;-c._,;'., ,,- ~ due to the situations noted in the appended Complaint for which Defendant is incarcerated; and c, The award of primary physical custody to Plaintiff will allow the child to have increased stability in her life as well as increased security, physical safety and improved living conditions for her emotional well-being. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action, There are no other persons who are known to have or claim a right to custody or visitation of the child, WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the child. Respectfully submitted, ;L//;; - Dirk E. Berry, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013-3019 (717) 240-0296 I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. S4904RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /' ~ R JkJjp.- -r /C LARR . SHELLER JR. 1-, - , :' -c~, . '< ' . ,. ' . - ", ''"' ... ""'~"" . ".it' LARRY R. SHELLER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. CIVIL TERM KRISTEN L. BITNER Defendant : CIVIL ACTION--LA W : IN CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day the Petition for Special Relief served by fIrst class mail, postage pre-paid upon the following persons: Kristen 1. Bitner Cumberland County Prison Il 0 I Claremont Rd, Carlisle, PAl 70 I3 Date: C(2/00 LV~( J? ~ --- Dirk E. Berry, Esquire Attorney for Petitioner 7 Irvine Row Carlisle, P A 170 I3 (717) 240-0296 -'~-, --~,';" -f";<":-- ,"C,d"'y,'",',;,, ~"'-'" .. I" . } '~ '''" ",' ,,"' ( "," lb. ""', ,,' . "'" , ~ ~ ~ ~ g ,"..:) 0 ~ Cl ~Tl s:. L- -oGl c: ~ ~ ~ .. ) m{,~"! Z ;= ~ Z::U I --:\"1 \G Zr,:: N ~E~~~ ~ UJd:;' ~ ~ \\ ~C] :g ~~~ ~ ~O ~ tv \ <,-0 ".. (5 (T) ;>>c ., -,I ~ ~ ':::> ~ , (.n -< ~ . ~'. ,- ""=<--"_-'-'~'~~l"':\.c_--~_,-,,,....-.:;:, _'~', -, _"-"__,, _,__, - - -,--- I ' 'i -" - _l:~;:.. ' :- ~- n.. - -, c_",,_ 'i. .. ,'" .." ,- ~-,~, .. ".,":.-, ,'.._,0; _' - ">"';:;;-'''-, - LARRY R. SHELLER, JR., Petitioner v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. t!X)-3'10~ CIVIL TERM KRISTEN 1. BITNER, Respondent : CIVIL ACTION--LA W : CUSTODY ORDER AND NOW, this 1i tt.. day of J"0JlC- , 2000, upon consideration of the within Petition for Special Relief, a hearing in the matter is scheduled for the /3tD, day of 9~AL./ ,2000 at;.':3o f-.m, in Courtroom L of the Cumberland County Courthouse. BY THE COURT: d topill0 -fY\ aJJ l-/:2-00 ~K3 J. Dirk E. Berry, Esquire Attorney for Petitioner 7 Irvine Row Carlisle, P A 17013 Kristen 1. Bitner Respondent Cumberland County Prison 11 0 1 Claremont Rd, Carlisle, P A 17013 ~'f-~ ~ '-h[:l \f1NV^lASNN3d I I Nnr''-' n' c,nw-:Jeo'Mn.... I\J,. 1)0 \.),\1'. ,,",,:..,~_~nl_v 8 I :S ~ld Z I Nnr 00 ^l:N10:'I.>i~J}i:i ,Hi 30 30i:J:1C,-{J::r1i:i c_ ',," '''~-, -- LARRY R. SHELLER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, CIVIL TERM KRISTEN L BITNER, Respondent CIVIL ACTION--LA W CUSTODY ORDER AND NOW, this day of , 2000, upon consideration of the within Petition for Special Relief and all other matters of record, Plaintiff's request for temporary emergency physical custody of Kayla Michelle Sheller is GRANTED, BY THE COURT: 1. Dirk E. Berry, Esquire Attorney for Petitioner 7 Irvine Row Carlisle, P A 17013 Kristen L Bitner Respondent Cumberland County Prison 11 0 I Claremont Rd. Carlisle, P A 17013 "'. "--, ~--," - c_" '__: _. - -='-''-'--'';0, '.:- '_-J. i i--,~;~ 'c '0- ,- ~~- :.. i; ,,- "" -; i ~ . : ~ ,;; ".:._ ' -. \__,cc_,-'':'' . LARRY R. SHELLER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. Oti - a YOF' CNIL TERM KRISTEN 1. BITNER, Respondent CNIL ACTION--LA W CUSTODY PETITION FOR SPECIAL RELIEF 1. Petitioner is Plaintiff in the above captioned matter. 2. Respondent is Defendant in the above captioned matter. 3. Respondent is currently incarcerated in Cumberland County Prison on drug related charges. 4. Child of Petitioner and Respondent, who is the subject of the above captioned action, is Kayla Michelle Sheller, date of birth June 13, 1995. 5. On or about the Friday, April 21, 2000, Respondent was arrested and incarcerated in Cumberland County Prison on drug related charges. 6. There is no previous custody order with regard to Kayla Sheller. 7. Subject child, Kayla M. Sheller, was born in Carlisle, Cumberland County, Pennsylvania and has resided in Carlisle, Pennsylvania since birth. 8. Petitioner is concerned that should Respondent make bail, that Respondent will leave the jurisdiction, with the child, at her next opportunity. 9. Petitioner has filed for legal and primary physical custody in the above captioned matter, in Cumberland County, Pennsylvania. 10. The best interest of the child is to reside with Petitioner pending the resolution of the underlying custody petition because Respondent is currently incarcerated in Cumberland County Prison and may flee the jurisdiction with the child if released on bail. -."~" ;"'1 -- ~--. 4 ~,""-,-~",,,-,-'1 . -~ -- ,.",- -, .. _.,,,f/, u L ,'c,o. -,,,- -,~--,,,"--. -'}.- . ,. , WHEREFORE, Petitioner requests this Court to grant temporary emergency physical custody of the child, Kayla Michelle Sheller, or to schedule a prompt hearing on the matter and to thereafter grant temporary emergency physical custody of the child, Kayla Michelle Sheller, to Petitioner above pending a full hearing on the custody matter captioned above. Respectfully submitted, Law Office of James K. Jones, Esquire ;JZ~f Dirk E. Berry, Esquire Attorney for Petitioner 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 --- I verify that the statements made in this Petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. /tMf R ~Jultv J;e Larry R. Sheller, Jr. ---- -'c, - . ,'_. ;-" -"- '-'-'-~' ,J, - I - LARRY R. SHELLER, JR., Plaintiff v. KRISTEN 1. BITNER Defendant ,- r,_L.,:J' ,-~;,,,,,,":_-,j;-_~:-;---- _"~_ '''-''-' . : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CNIL TERM : CNIL ACTION--LA W : IN CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day the Complaint in Custody served by first class mail, postage pre-paid upon the following persons: Kristen 1. Bitner Cumberland County Prison 11 0 1 Claremont Rd. Carlisle, P A 17013 Date: ~o(.. 2, d0oo0 - Ja:i r--./_~ Dirk E. Berry, Esquire Attorney for Petitioner 7 Irvine Row Carlisle, P A 17013 (717) 240-0296 .. ~' ,,-~~-, ,->,'':;;,-;;~-''--,-. . -~" ; "1 "-1!bftI, '.wii"""';'''--' " >.;.........;.. "c.' ~-"*I1iiiIi~~'~-- - 0 C) 0 c c.::> ""i'j -~ (..... .~ ""- ""Urn c ;~~~ mr'r'j .,,,,," .~ 2:0 I :-Hf=-.J ~s;: ('.) ~_:'~~~} -....aL ~C ':J C~H ~O =,;: ()CS );0 r:- Orn c: ~ ~ Q \0 -< <,_. 0--'''-.'- "~ ""I I Ie, ~i .. --" ",' "'~- ,- I ~ ., .-, ,-- LARRY R. SHELLER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY KRISTEN L. BITNER, Defendant No. 00-3408 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of June, 2000, upon consideration of Plaintiff's petition for Special Relief with respect to the parties' child, Kayla Michelle Sheller (date of birth, June 13, 1995), and pursuant to an agreement reached in open court in which plaintiff and his counsel, Dirk E. Berry, Esquire, participated, and in which Defendant, Kristen L. Bitner, participated, representing herself, physical custody of the parties' child, pending the conciliation conference scheduled for June 29, 2000, shall be in the father, conditioned upon his continuing to reside with his parents during that time. By the Court, dJ~ J. esley Ole Dirk E. Berry, Esquire For the Plaintiff Kristen L. Bitner, Pro Se -- Defendant ttpy pL,Ct- ; n CCP c1r{lw~ 00 tbu-rlrh ~/60r w 1/'-1-/60 tJcr fJ/ooJJ- rxr I;)~-DO wcy ~ f ~~...~.~I",,", 1 ~JJ~. -t~r .'.- ^I~~~~ ",-.,~' Fi':_'f:I}-Q::F!CE GF f;,~:C~'~.!,.\{}\~OTc..RY 00 Jm: !:, )',.1'111: I-I CUrv;8~JiLAi\~0 COUNTY PENNSYLWNA ,--~ -~ ,- ''<!' -\,.~~-,""'': ,-' U~~~~;r;lI~, "- ~o/~ ,'~1Ji,~lr ~Q),~~ ,--, -,"'." ,'.>^' "~"~ ,,-~ '."" c_ ,,-, ' ~",-" "t'!L-'rfiI': ~11r'L , .........-I!!I', ~ ~-" , -. ,,,~ - <" -, -, __~' n:-, ,. " JUL 2 0 20~ LARRY R. SHELLER, JR., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3408 KRISTEN L. BITNER, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this -77..,c-l day of -:r LJ I ~ ,2000, upon consideration of the attached Custody Conciliation Summary Report, it is prdered and directed as follows: 1. Sheller. The parties shall have shared legal custody of the minor child, Kayla Michelle 2. Father shall have primary physical custody of the minor child. Illi ..... ^ "lOon, 3. Mother shall have regular visitation with the child as agreed upon by the parties. BY THE COURT, Distribution: ( Dirk E. Berry, Esquire, 7 Irvine Row, Carlisi PA 17013-3019 Samuel w. Milkes, Esquire, 52 West High Street, Carlisle, PA 17013 dL J. c~..oJ .{f]o.JuL 1- ;t:j-oo AX~ ~ .-I ." . ~ [ on JL~L. i~ 'J qj r: ; n, 1""< ."" ,'" \'" INT'{ , .ul'.;I'--'''~'''''' '~\\;1; ,','.< \. >J ~ 1_'-, .-..,,/ "._1 J-...,.VI 1 PENNSYD/N-l1A ~" '"~ ,~\Il~~ijJ!U"'fij!~~h""""",,~_" """"""~""~.''1'''':'''''' PO,' '" _ "".,." -,;-, , . ~ ,J,J.!l lIf~-='<~'-_ J i. . ..... LARRY R. SHELLER, JR., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3408 KRISTEN L BITNER, Defendant CIVIL ACTION - LAW CUSTODY 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 concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Michelle Sheller June 13, 1995 Father 2. A Custody Conciliation Conference was held on July 14, 2000, with the following individuals in attendance: The mother, Kristen L Bitner, and her counsel, Samuel Milkes, Esquire; the father, Larry R. Sheller, Jr., and his counsel, Dirk E. Berry, Esquire. 3. The parties agreed to an Order in the form as attached with the understanding that as a matter of law, all Custody Orders are temporary. 7ftv' 20f}1) elissa Peel Greevy, Esquire Custody Conciliator Date