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LAIN C, FIELDS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
TIFANY 13, FIELDS, N0.98-2600
Defendant
RVICE
AND NOW, this) (ay of Q ; 1998, comes Anne M. Shepard, Esquire, and
states that she mailed a certified and tru6'copy of an Order and Petition for Special Relief
to the Defendant, Tifany B. Fields at 459 Hamilton Court, Carlisle, Pennsylvania, by
certified mail, restricted delivery, return receipt requested. A copy of said receipt is
attached hereto indicating service was made on May 8, 1998.
)4w, rU JL2vj
Anne M. Shepard, squire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
Sworn and subscribed
to before me this
day of IX a l 1998.
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LAIN C,E, FIELDS, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs,
TIFANY B, FIELDS, CUSTODY/VISITATION
Defendant .
QKUB OF,CPM
AND NOW, this _ k L- day of _
consideration of the attached Petition, it is hereby,
ereby di?co`te tld- ?it? rho parties9and tupon
heir
respective counsel appear before lL??•?l?ptha conciliator, at
day of?? Cwnberland County, Pennsyly nia, on the
19971, at I ".Z?J,m., for aPre-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. Either patty may bring the children who are the
subject of this custody action to the conference, but the children's attendance is not
mandatory. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent Order.
BY THE COURT:
1-dh l C
By: 6? ?
Custody Conciliator "-
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 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 ASSOCIATION
2 Liberty Avenue
CARLISLE, PA 17013
(717) 240-3166
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IAIN C,E. FIELDS, SR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
TIFANY B. FIELDS, CUSTODY/VISITATION
Defendant NO. _ ff- J 6v C ,c.;e T e,,,,
COMPLAINT FOR CUSTODY
1. Plaintiff' is lain C,E. Fields, Sr., an adult individual currently residing at 30 High
Street, Biglerville, Adams County, Pennsylvania.
2. Defendant is Tifany B, Fields, an adult individual currently residing until May 3,
1998, at 759 Hamilton Court, Carlisle, Cumberland County, Pennsylvania.
3. The parties are the parents of lain C,E. Fields, Jr., born February 22, 1994 out of
wedlock and Ciarra Fields, born July 14, 1997, in wedlock.
For the past five years, or since their birth, the children have resided with the
following persons at the following addresses for the following periods of time:
NAME ADDRESS DATE
lain C.E. Fields, Sr. 145 North Hanover Street Birth to
Tifany B. Fields Carlisle, PA 17013 March 1994
lain C.E. Fields, Sr. Fry Loop Avenue March 1994
Tifany B, Fields Carlisle, PA 17013 February 1995
Many B. Fields 133 North East Street February 1995
Carlisle, PA 17013 August 1996
Tifany B, Fields Mount Holly, PA August 1996 to
May 1997
lain C.E. Fields, Sr. 759 Hamilton Court May 1997 to
Tifany B, Fields Carlisle, PA 17013 March 3, 1998
NAME ADDRESS
Many B. Fields 759 Hamilton Court
Karl Dallos Carlisle, PA 17013
(opposing party's sister)
lain Fields, Jr. 495 Aspers-Bendersville Road
Clifford Fields Bendersville, PA
lain C.E. Fields, Sr.
Ciarra Fields 834 Hamilton Street
Miriam Barrick Carlisle, PA 17013
(opposing party's grandmo ther)
Ciarra Fields 759 Hamilton Court
Tifany Fields Carlisle, PA 17013
Kari Dallos
Kelly Heffelfinger
lain Fields, Jr. 30 High Street
lain C.E. Fields, Sr. Biglerville, PA
DATE
March 3, 1998 to
April 1, 1998
April 1, 1998 to
May 2, 1998
April 1, 1998 to
May 2, 1998
May 2, 1998 to
present
May 2, 1998 to
The mother of the children is Tifany B. Fields, who resides as aforesaid.
She is married.
The father of lain C.E, Fields, Jr. and Ciarra Fields is lain C.E. Fields, Sr., who
resides as aforesaid. He is married.
4. The relationship of the Plaintiff to the children is that of father. The Plaintiff
currently resides with the parties' son, lain C.E. Fields, Jr.
5. The relationship of the Defendant to the children is that of mother, The
Defendant currently resides with the parties' daughter, Ciarra Fields, her sister, Karl
Dallos, and a friend, Kelly Heffelfinger.
6. Plaintiff has not participated as a party or witness, or in any other capacity in
other litigation, concerning custody of the children,
7. Plaintiff has no information of a custody proceeding concerning the children
pending in any Court of this Commonwealth.
8. It is in the best interest and permanent welfare of the children to grant the relief
requested because:
a) lain C.E. Fields, Sr, can provide a more stable environment for the children;
b) lain C.E. Fields, Sr. shall allow regular and frequent contact between the
children and Tifany Fields;
c) On or about the weekend of May 2, 1998, while removing personal property
agreed upon to be removed by him, lan C.E. Fields, Sr. discovered items within the
clothing of a dresser that he believes to be illicit drugs;
d) Upon notification to Many Fields of this discovery he was advised by Tifany
Fields that neither she nor the children would be returning to Pennsylvania;
e) Many Fields admitted using marijuana to lain C,E. Fields, Sr.;
t) Tifany Fields returned to Carlisle, but has refused contact between lain C.E.
Fields, Sr. and his daughter. Their son was transferred to lain C.E. Fields, Sr.; and
g) lain Fields, Sr, fears for the safety of the children if they are in the custody of
an individual who is using illicit drugs.
I
9. A petition for special relief has been filed contemporaneously with the
Complaint for Custody. Said Petition seeks the transfer of primary custody of both
children to lain C.E. Fields, Sr. at least until the time of a conciliation conference.
WHEREFORE, lain C.E. Fields, Sr. prays this Honorable Court to transfer
primary custody of the minor children to him and provide visitation to Tifany Fields until
she has successfully completed a drug evaluation and any recommended rehabilitation.
Upon said successful completion of the evaluation and recommended rehabilitation, then
Tifany Fields would have partial custody of the minor children.
Attorney for Plaiufiff
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
Respectfully submitted,
GRIFFIE & ASSOCIATES
VERIF---FEAItQN
I verify that the statements mad, in the foregoing document are true and correct I
understand that false statements herein made are subject to the penalties of 18 PA.C,S.
Section 4904 relating to unsworn falsification to authorities.
Date;
lain C,E. Fields pr.
IAIN C.E, FIELDS, SR.,
Plaintiff'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
TIFANY B. FIELDS,
Defendant
CUST DYMSITATION
NO,
ORDER OF .OI1RT
AND NOW, this ____w ' day of _ (1,?.______.-_1998, upon review
of the within Petition for Special Relief, it is hereby directed and decreed that:
a) lain Clyde Elmer Fields, Sr. shall have primary custody of the minor children,
lain C.E. Fields, Jr. and Ciarra Fields;
b) any law enforcement agency required to pick up the children shall be authorized
to pick up the children and immediately transfer them to the custody of lain C.E. Fields,
Sr,;
c) A conciliation conference shall be scheduled for the day of
1998, before
master of Cumberland County, Pennsylvania;
a custody
d) This Order shall remain in place until t
Y +??m or er remam m pace un i ttrt8 of a
11060g,
BY THE COURT:
IAIN C.E. FIELDS, SR.,
plaintiff
vs.
TIFANY B. FIELDS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBkRLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CU?TODY/VISITATION
NO. _7GGt??,?.! 7.t.
PETIT' FOR SPECIAL, RELIEF
AND NOW comes lain Clyde Elmer Fields, Sr., by and through his attorney, Anne
M. Shepard, Esquire, and seeks special relief in the form of the transfer of custody of his
minor children to him and in support thereof avers the following:
1, lain G.E. Fields, Sr„ (hereinafter "father") is an adult individual currently
residing at 30 High Street, Biglerville, Adams County, Pennsylvania.
2. Tifany B. Fields, (hereinafter "mother"), is an adult individual who is residing at
759 Hamilton Count, Carlisle, Cumberland County, Pennsylvania.
3. The minor children are lain C.E. Fields, Jr., born February 22, 1994 out of
wedlock and Ciarra Fields, born July 14, 1997, in wedlock.
4. The parties separated on March 3, 1998, and father will soon be filing for
divorce.
5. Since the parties' separation until May 2, 1998, the parties' son resided with
father and the parties' daughter resided with mother's grandmother, Miriam Barrick,
6. Mother advised father that he could pick up his personal property from the
marital residence on the weekend of May 2, 1998, when she was going to visit her father,
Jodi Dallos, who resides in Dale City, Virginia.
M
7. Mother advised father that she had received an eviction notice from her
landlord despite father providing funds to her to pay her rent.
8. At the time that father went to the marital residence to remove personal
property, he was accompanied by his own father, Clifford .Fields, and a co-worker.
9. At the time that father was removing clothing from the dresser agreed by the
parties that he would be allowed to move, he found packets which he believes to be
marijuana and cocaine and other items he believes to be drug paraphernalia. He did not
touch those packets but merely left them where they were with the clothing.
10. Upon his notification to mother that he had found these items, mother advised
him that neither she nor the children would be returning to Pennsylvania.
11. Despite her statements that she was relocating, mother returned to her Carlisle
residence with the children at which time, the parties' son was transferred to father.
12. Mother chose to keep the parties' daughter rather than transfer her to Miriam
Barrick or transfer her to father's custody.
13. Father fears for the safety of the minor children while in the custody of an
individual who uses illicit drugs.
14. Father is willing to allow mother to have visitation with the children either in
his presence or the presence of another individual.
15, Father is willing for mother to have partial custody of the children once
mother has undergone a drug evaluation and, if necessary, a rehabilitation program,
16. A Complaint for custody has been filed contemporaneously with this Petition
for Special Relief.
WHEREFORE, plaintiff prays this Honorable Court Order that Plaintiff be granted
primary custody of the minor children, that any law enforcement agency necessary to
retrieve the children and transfer them to Plaintiffs custody be ordered to do so, and that
Defendant be granted only the right of visitation with the minor children until she
undergoes a drug evaluation, and if recommended, successfully completes a drug
rehabilitation program upon which timc mother would have partial custody of the minor
children,
Respectftdly submitted,
GRIFFIE & ASSOCIATES
1
Anne M. Shepard, squir G
Attorney for Plaintiff'
200 North Hanover Street
Carlisle, PA 17013
(717) 243.55.51
(800) 347-5552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein made are subject to the penalties of 18 P&C.S.
Section 4904 relating to unsworn falsification to authorities.
Date;
lain C,E. Fields rr
IAIN C.E. FIELDS, SR., a
Plaintiff a
s
Vs. a
TIFANY B. FIELDS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-2600 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY.
CRDER OF 0CWr
AND NOW, this /L.' day of 1-11 r 1998, upon
consideration of the attached Custody Concil?atio Report, ep rt, it is ordered
and directed as follows:
1. The prior order of this Court dated May 6, 1998 is vacated and
replaced with this Order..
2. The Father, Iian C.E. Fields, Sr., and the Mother, Tifany B.
Fields, shall have shared legal custody of Iian C.E. Fields, Jr., born
February 72, 1994, and Ciarra Fields, born July 14, 1997. Each parent
shall have an equal right, to be exercised jointly with the other parent,
to make all major non-emergency decisions affecting the Children's general
well being including, but not limited to, all decisions regarding their
health, education and religion.
3. The parties shall submit themselves to a drug evaluation to be
performed by New Insights which shall include drug testing (45 day test),
evaluation and recommendations. Anne M. Shepard, Esquire, counsel for
Father and Legal Services, Inc., counsel for Mother, shall have access to
the results and recommendations pertaining to both parties. The parties
shall make arrangements to have the drug evaluation performed within seven
(7) days following the Custody Conciliation Conference.
4. The Father shall enroll in the Tressler Counseling Services
Choices twenty-six week program within a reasonable time following the
Custody Conciliation Conference. Ann M. Shepard, Esquire, counsel for
Father, and Legal Services, Inc., counsel for Mother, shall have access to
information concerning the Father's attendance in the Choice's program and
the recommendations resulting from the program.
5. Until the drug evaluation is completed for the Mother, the
Father shall have primary physical custody of the Children and the Mother
shall have supervised custody every week, beginning June 16, 1998, from
Tuesday at 9:30 a.m. until Thursday at 9:30 a.m. The Mother shall also
have an additional 48 hour period of custody prior to June 16, with the
specific arrangements to be agreed upon by the parties.
6. In the event the drug testing for one of the parties is positive,
the party testing negative shall have primary physical custody of the
Children and the party testing positive shall have supervised periods of
custody with the Children in accordance with the schedule set forth in the
foregoing paragraph. The supervised periods of custody shall continue
until the party with the positive drug test completes the drug
rehabilitation program and obtains recommendations permitting unsupervised
custody.
7. In the event the drug testing for both parties is negative, the
parties shall have shared physical custody of the Children on a four (4)
day on/four (4) day off schedule, to begin as arranged by agreement of the
parties. In addition, each party shall be entitled to have custody of the
children during the summer vacation each year for two weeks, to be taken
consecutively or non-consecutively, upon providing thirty (30) days advance
notice to the other party. Finally, the parties shall have custody of the
Children on holidays as set forth in the following provision.
8. The parties shall share having custody of the Children on holidays
as follows:
A. Christmas: The Christmas holiday shall be divided into
segment At which shall run from Christmas Eve at 12:00 noon
until Christmas Day at 12:00 noon and Segment B, which shall
run from Christmas Day 12:00 noon until December 26 at 12:00
noon. The Father shall have custody of the Children during
Segment A in even numbered years and during Segment B in odd
numbered years. The Mother shall have custody of the Children
during Segment A in odd numbered years and during Segment B in
even numbered years. Notwithstanding the foregoing, in every
year, the mother shall have custody of the children from 5:00
p.m. until 9:00 p.m. on Christmas Eve.
B. Thanksgivinq: The Mother shall have custody of the Children
every year over the Thanksgiving holiday from the Wednesday
before Thanksgiving at 6:00 p.m. through Thanksgiving Day at
2:00 p.m. The Father shall have custody of the Children every
year on Thanksgiving Day at 2:00 p.m. until the following
Friday at 9:30 a.m.
C. Easter: The Mother shall have custody of the Children every
year over Faster from the Saturday before Easter at 6:00 p.m.
through Easter Sunday at 2:00 p.m. The Father shall have
custody of the Children every year from Easter Sunday at 2:00
p.m. through the following Monday morning at 9:30 a.m.
D. Mother's Day/Father's Day: The Mother shall have custody of
the Ch ldren every year on mother's Day from 10:00 a.m. until
6:00 p.m. and the Father shall have custody of the Children on
Father's Day from 10:00 a.m. until. 6:00 p.m.
E. The parties shall share or alternate having custody of the
Children on the remaining holidays as arranged by mutual
agreement of the parties.
9. The parties shall exchange custody of the Children at the maternal
great-grandmother's home and all exchange of information concerning the
Children between the parties shall be communicated through the maternal
great-grandmother.
10. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The terms of this order may be modified
by mutual agreement of the parties. In the absence of mutual agreement,
the terms of this Order shall control..
BY THE OOURT,
J.
Rev?n A. ss
cc: Anne M. Shepard, Esquire - Counsel for Father
Legal Services, Inc. (Jan Terpening) - for Mother J
IAIN C.E. FIELDS, SR.,
Plaintiff
Va.
TIFANY B. FIELDS,
Defendant
PRIOR JUDOS: Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2
NO. 98-2600 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUST= OONCILIATICN SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-81 the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
tam DATE OF BIRTH CURRENTLY IN CUSTODY OF
Iain C.E. Fields, Jr. February 22, 1994 Father
Ciarra Fields July 14, 1997 Father
2. A Conciliation Conference was held on June 10, 1998, with the
following individuals in attendance: The Father, Iian C.E. Fields, Sr.,
with his counsel, Anne M. Shepard, Esquire, and the Mother, Tifany B.
Fields, with her representative, Jan Terpening.
3. The parties agreed to entry of an order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
' p
RECEIVED S[P C0
IAIN C.E. FIELDS, SR„ ; IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 96••2600 CIVIL TERM
TIFANY B, FIELDS, CIVIL ACTION -LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this _4_? day of September, 2005, terms of the attached
Stipulation of the Parties are hereby made an Order of Court.
BY THE COURT;
J.
' ,, ?
MIN C.E. VIEUDS, SR„
Plaintiff
V.
TIFANY 13, FIELDS,
Delenclunt
IN TI IE COU10 OF COMMON IIIYAS OF
CUMIIITLANU ('01 INTY, PENNSYLVANIA
NO, 99-2600 CIVII TIM1
CIVIL ACTION LAW
IN CUSTODY
STIPULATION OF' 111 PARTIES
tL
AND NOW, this day of.hily, 2005, the partics desire to modify the Order
of Coarl issued ,tune 16, 1999 to the above-captioned term and nkill) her as follov S:
(1) Number 7 of(hc.lune 16, 1999 0rder0l'C'0111-1 shall he modified as
follows:
a) The parties shall have shared physical custody with Father,
Plaintiff, having custody every other weekend beginning Friday ,it 9:00 A.M,
through Sunday at 6:00 P.M.. In addition, Fathcr, Plaintiff, shall have the
Children two (2) clays during the week from 1:00 P.M. until 6:001',M.. Father,
Plaintiff, shall he entitled to have custody of the Children during the sununer
vacation each year for two weeks, to he taken consecutively or non-consecutively,
Upon providing (30) days advance notice to the other party.
b) During the school year, Father, Plaintiff, shall have custody every
other weekend beginning Friday after school through Sunday at 6:00 I'M.. In
addition, Father, Plaintiff, shall have the children Monday through Thursday after
school until 6:00 P.M..
(c) Other times as mutually agreed to by the parties.
(2) In all other respects, the Order of Court dated June 16, 1998
remain in full force and effect.
01 The iuuilen ifft hd thin the 101M (Willis Slipultiti6ll he
cnlcred tfa till Order O'C urt,
W lf1c?N ,?'!
till C. I ?icl S. S r,
Witness Tit ?'clds
COMMONWFALTII OF 1'IINNS tAXANIA:
('OUN'I')'OF('( JN41WRI,AN1) ss
Oa this, the /'? (lay of July. 2005 before me, the undersignui olllcer personally
appoured lain ('.L. Fields, Sr., known to me for salisl'actorily proven) Io he the person
whose name is suhscribcd to the within instruntcnt. and acknowledged that he executed
the same for the Purposes therein Containo(I.
In Witness Whereof, I have hereunto vet mN hand and 01'fiCial Seal/
W SMQ FA L,)
Brie of (.'9MMONWI:AI.'1'II OF ITNNS)TVANIA:
WRLANU : ss
COUNTY OF ('UMI
On this, the ? p of JUly, 2005 before me, the undersigned officer personally
appeared Tifany 11. Fields, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, and acknowledged that she executed the
same for the purposes therein contained,
In Witness Whereof, I have hereunto set my handAnd official sc
\.? /
(SEAL]
itic of 0' ccr
NOTARIAL SEAL
KANDI L. LENKER, NOTARY PUBLIC
CARLISLE BOBO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES MARCH 10, 2009
` ,.
IAIN C.E. FIELDS, SR.,
Plaintiff
V.
TIFANY B. FIELDS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-2600 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
STIPULATION OF THE PARTIES
AND NOW, this ?a day of July, 2005, the parties desire to modify the Order
of Court issued June 16, 1998 to the above-captioned term and, number as follows:
(1) Number 7 of the June 16, 1998 Order of Court shall be modified as
follows:
a) The parties shall have shared physical custody with Father,
Plaintiff, having custody every other weekend beginning Friday at 8:00 A.M.
through Sunday at 6:00 P.M.. In addition, Father, Plaintiff, shall have the
Children two (2) days during the week from 1:00 P.M. until 6:00 P.M.. Father,
Plaintiff, shall be entitled to have custody of the Children during the summer
vacation each year for two weeks, to be taken consecutively or non-consecutively,
upon providing (30) days advance notice to the other party.
b) During the school year, Father, Plaintiff, shall have custody every
other weekend beginning Friday after school through Sunday at 6:00 P.M.. In
addition, Father, Plaintiff, shall have the children Monday through Thursday after
school until 6:00 P.M..
(c) Other times as mutually agreed to by the parties.
(2) In all other respects, the Order of Court dated June 16, 1998
remain in full force and effect.
(3) The parties intend that the terms of this Stipulation be
entered as an Order of Court.
Witness
,iesS 2y?? `?
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND : ss
On this, the /9 day of July, 2005 before me, the undersigned officer personally
appeared lain C.E. Fields, Sr., known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he executed
the same for the purposes therein contained.
In Witness Whereof, I have hereunto set my hand d official se
NOTARIAL SEAL
KANDI L. LENKER, NOTARY PUBLIC SEAL)
CARLISLE BORO, CUMBERLAND COUNTY itle of O er
MY COMMISSION EXPIRES MARCH 10, 2009
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND : ss
On this, the /-1 y of July, 2005 before me, the undersigned officer personally
appeared Tifany B. Fields, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, and acknowledged that she executed the
same for the purposes therein contained.
In Witness Whereof, I have hereunto set my hand d official se
(SEAL)
itle of O cer
NOTARIAL SEAL
KANDI L. LENKER, NOTARY PUBLIC
CARLISLE BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES MARCH 10, 2009
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RECEIVED K? C 6 2Ppp5
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IAIN C.E. FIELDS, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98-2600 CIVIL TERM
TIFANY B. FIELDS, : CIVIL ACTION -LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this _6L? day of September, 2005, terms of the attached
Stipulation of the Parties are hereby made an Order of Court.
BY THE COURT:
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Ls,'• ?•?y ?;
?i;J?'s a???-
IAIN C.E. FIELDS, SR.,
Plaintiff
V.
TIFANY B. FIELDS (BANKS),
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-2600 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW comes Petitioner, lain C.E. Fields, Sr., by and through his attorney, Mark F.
Bayley, Esquire, and in support of the within petition avers as follows:
1. lain C.E. Fields, Sr., Petitioner, (hereinafter referred to as "Father"), is the
Plaintiff in the above caption-matter, and is an adult currently residing at 620 N. Baltimore Ave.,
Mt. Holly Springs, PA 17065.
2. Tifany B. Fields (currently Tifany B. Banks), Respondent, (hereinafter referred to
as "Mother"), is the Defendant in the above-captioned matter, and is an adult individual residing
at 7 Westgate Drive, Mt. Holly Springs, PA 17065.
3. The parties are the natural parents of-
lain C.E. Fields, Jr. (date of birth 2/22/1994)
Ciarra Fields (date of birth 7/14/1997).
4. A prior order was entered on June 16, 1998 by the Honorable Kevin A. Hess (a
copy is attached as Exhibit "A"); a subsequent order entered on July 12, 2005 modified
paragraph 7 of the original order (a copy is attached as Exhibit "B ").
5. A change of circumstances has since occurred in that lain Fields, Jr., has been
residing primary with Father which continues to be in that child's best interests.
6. Father is requesting that the current order be modified as agreed upon by the
parties or otherwise determined by the court to be in the best interest of the children.
WHEREFORE, Petitioner requests this Honorable Court to schedule a custody
conciliation conference.
Date:
Respectfully submitted,
BAYLEY & MANGAN
L') - -
Mark F. Bayley, Es ire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court ID # 87663
Attorney for Plaintiff
IAIN C.E. FIELDS, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 98-2600 CIVIL TERM
TIFANY B. FIELDS (BANKS), : CIVIL ACTION - LAW
Defendant
IN CUSTODY
ATTORNEY VERIFICATION
Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he
makes this affidavit as attorney because he has sufficient knowledge or information and belief,
based upon his investigation of the matters averred or denied in the foregoing document; and that
this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn
falsification to authorities.
Date:
Mark F. Bayley, Esquire
Attorney for Plaintiff
LAIN C.E. FIELDS, SR,,
Plaintiff
vs.
TIPANY B. FIELDS,
Defendant
s IN THE COURT OF COMMON PLEAS OF
s CUMBERLAND COUNTY, PENNSYLVANIA
s NO. 98-2600 CIVIL TERM.
s CIVIL ACTION - LAW
s
s IN CUSTODY
CW= or 0CMT
AM WNi this /L.. day of J 1U , 1998? upon
consideration of the atta-CFe Custody Conch at on Report, it is ordered
and directed as follows:
1. The prior order of this Court dated May 6, 1998 is vacated and
replaced with this order.
2. The Father, Iian C.E. Fields, Sr., and the Mother, Ti€any B,,
Fields, shall have shared legal custody of Iian C.E. Fields, Jr., born
February 22, 1994, and Ciarra Fields, born July 141 1997. Each parent
shall have an equal right, to be exercised jointly with the other parent,
to make all major non-emergency decisions affecting the Children's general
well being including, but not limited to, all decisions regarding their
health, education and religion.
3. The parties shall submit themselves to a drug evaluation to be
performed by New Insights which shall include drug testing (45 day test),
evaluation and recommendations. Anne M. Shepard, Esquire, counsel for
Father and Legal Services, Inc., counsel for Mother, shall have access to
the results and recommendations pertaining to both parties. The parties
shall make arrangements to have the drug evaluation performed within seven
(7) days following the Custody Conciliation Conference.
4. The Father shall enroll in the Tressler Counseling Services
Choices twenty-six week program within a reasonable time following the
Custody Conciliation Conference. Ann M. Shepard, Esquire, counsel for
Father, and Legal Services, Inc., counsel for Mother, shall have access to
information concerning the Father's attendance in the Choice's program and
the recommendations resulting from the program.
. 5. until the drug evaluation is completed for the Mother, the
Father shall have primary physical custody of the Children and the Mother
shall have supervised custody every week, beginning June 16, 1998, from
Tuesday at 9:30 a.m. until Thursday at 9:30 a.m. The Mother shall also
have an additional 48 hour period of custody prior to June 16, with the
specific arrangements to be agreed upon by the parties.
6. In the event the drug testing for one of the parties is positive,
the party testing negative shall have primary physical custody of the
Children and the party testing positive shall have supervised periods of
custody with the children in accordance with the schedule set forth in the
foregoing paragraph. The supervised periods of custody shall continue
until the party with the positive drug test completes the drug
rehabilitation program and obtains recommendations permitting unsupervised
custody.
7. In the event the drug testing for both parties is negative, the
parties shall have shared physical custody of the Children on a four (4)
day on/four (4) day off schedule, to begin as arranged by agreement of the
parties. In addition, each party shall be entitled to have custody of the
Children during the summer vacation each year for two weeks, to be taken
consecutively or non-consecutively, upon providing thirty (30) days advance
notice to the other party. Finally, the parties shall have custody of the
Children on holidays as set forth in the following provision.
8. The parties shall share having custody of the Children on holidays
as follows:
A. Christmas: The Christmas holiday shall be divided into
Segment As which shall run from Christmas Eve at 12:00 noon
until Christmas bay at 12:00 noon and Segment B, which shall
run from Christmas Day 12:00 noon until December 26 at 12:00
noon. The Father shall have custody of the Children during
Segment A in even numbered years and during Segment B in odd
numbered years. The mother shall have custody of the Children
during segment A in odd numbered years and during Segment B in
even numbered years. Notwithstanding the foregoing, in every
year, the Mother shall have custody of the Children from 5:00
p.m. until 9:00 p.m. on Christmas Eve.
B. Thanksgiving: The mother shall have custody of the Children
every year over the Thanksgiving holiday from the Wednesday
before Thanksgiving at 6:00 p.m. through Thanksgiving Day at
2:00 p.m. The Father shall have custody of the Children every
year on Thanksgiving Day at 2:00 p.m. until the following
Friday at 9:30 a.m.
C. Easter: The mother shall have custody of the Children every
year over Easter from the Saturday before Easter at 6:00 p.m.
through Easter Sunday at 2:00 p.m. The Father shall have
custody of the children every year from Easter Sunday at 2:00
p.m. through the following Monday morning at 9:30 a.m.
D. Mother's Day/Father's Day: The Mother shall have custody of
the Mildren every year on Mother's Day from 10:00 a.m. until
6:00 p.m. and the Father shall have custody of the Children on
F'ather's Day from 10:00 a.m. until 6:00 p.m.
E. The parties shall share or alternate having custody of the
Children on the remaining holidays as arranged by mutual
agreement of the parties.
9. The parties shall exchange custody of the Children at the maternal
great-grandmother's home and all exchange of information concerning the
Children between the parties shall be communicated through the maternal
IAIN C.E. FIELDS?.SR.? S IN THE COURT OF COMMON PLEAS OF
Plaintiff S CUMBERLAND COUNTY? PENNSYLVANIA
S
Vg. NO. 98-2500 CIVIL TERM
S •
TIFANY B. FIELDS, : CIVIL ACTION - LAW
Defendant IN CUSTODY
MCR J[Kevin A. How
CU9VW CONCILIATION SUMMARY R[XT
IN AOOORDAWZ h7TH CUMBERLAND COESM MW OF CIVIL PROCRINRE
1915.3-81 the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME DATE OF BIM CURRENTLY IN CUSTODY OF
lain C.E. Fields, Jr. February 22, 1994 Father
Ciarra Fields July 14, 1997 Father
2. A Conciliation Conference was held on June 10, 1998, with the
following individuals in attendance: The Father, Iian C.E. Fields, Sr.,
with his counsel, Anne M. Shepard, Esquire, and the Mother, Tifany B.
Fields, with her representative, Jan Terpening.
3. The parties agreed to entry of an Order in the form as attached.
U 2
Date Dawn S* Sunday, Esquire
Custody Conciliator
V'
RECEIVED SEP C 8
P,
LAIN C.E. FIELDS, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO, 98-2600 CIVIL TERM
TIFANY B. FIELDS, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this _4_ day of September, 2005, terms of the attached
Stipulation of the Parties are hereby made an Order of Court.
BY THE COURT:
Exh -1
IAIN C.E. FIELDS, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 98-2600 CIVIL TERM
TIFANY B. FIELDS, CIVIL ACTION -LAW
Defendant IN CUSTODY
STIPULATION OF THE PARTIES
AND NOW, this _/09_c ay of July, 2005, the parties desire to modify the Order
of Court issued June 16, 1998 to the above-captioned term and number as follows:
(1) Number 7 of the June 16, 1998 Order of Court shall be modified as
follows:
a) The parties shall have shared physical custody with Father,
Plaintiff, having custody every other weekend beginning Friday at 8:00 A.M.
through Sunday at 6:00 P.M.. In addition, Father, Plaintiff, shall have the
Children two (2) days during the week from 1:00 P.M. until 6:00 P.M.. Father,
Plaintiff, shall be entitled to have custody of the Children during the summer
vacation each year for two weeks, to be taken consecutively or non-consecutively,
upon providing (30) days advance notice to the other party.
b) During the school year, Father, Plaintiff, shall have custody every
other weekend beginning Friday after school through Sunday at 6:00 P.M.. In
addition, Father, Plaintiff, shall have the children Monday through Thursday after
school until 6:00 P.M..
(c) Other times as mutually agreed to by the parties.
(2) In all other respects, the Order of Court dated June 16, 1998
remain in full force and effect.
(3) The parties intend that the terms of this Stipuiation be
entered as an Order of Court.
rtness '
Witness
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND : ss
On this, the /41-day of July, 2005 before me, the undersigned officer personally
appeared lain C.E. Fields, Sr., known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he executed
the same for the purposes therein contained.
In Witness Whereof, I have hereunto set my hand d official se
NOTARIAL SEAL, EAL}
KANDI L. LERKER, NOTARY PURM _
CARLISLE BORO, CUMBERLAND COUNTY itle of
er
qWq
MY COMMISSION EXPIRES MARCH 00, 2009
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND : ss
On this, the `ay of July, 2005 before me, the undersigned officer personally
appeared Tifany B. Fields, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, and acknowledged that she executed the
same for the purposes therein contained.
In Witness Whereof, I have hereunto set my hand d official se .
741 (SEAL)
16itle of O cer
NOTARIAL SEAL
KANDI L. LENKER, NOTARY PUBLIC
CARLISLE BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES MARCH 10, 2009
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IAIN C.E. FIELDS, SR.,
Plaintiff
V.
TIFANY B. FIELDS (BANKS),
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-2600 CIVIL TERM
CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a
copy of the foregoing document upon the following by depositing same in the United States
mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Tifany Banks
7 Westgate Drive
Mt. Holly Springs, PA 17065
Dated:
Mark F. Bayley, Esquire
Attorney for Plaintiff
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IAIN C.E. FIELDS, SR. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
1998-2600 CIVIL ACTION LAW
TIFANY B. FIELDS (BANKS) IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, May 22, 2008 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, June 16, 2008 --- -_at 10:00 AM
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. 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/ Dawn S. Sunda Es q.
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
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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IAIN C.E. FIELDS, SR.
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
1998-2600
TIFANY B. FIELDS (BANKS)
Defendant
: IN CUSTODY
ORDER
CIVIL ACTION LAW
AND NOW, this 7TH day of August, 2008 , the conciliator, having received no
requests from either party or counsel for the parties to reschedule the custody conciliation
initially scheduled for June 27, 2008, hereby relinquishes jurisdiction. conference
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
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