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HomeMy WebLinkAbout03-1534LOREE JOLEEN BIGLER Plaintiff VS. JAMES ROBERT SHIELDS, Defendant · IN THE COURT OF COMMON PLEAS OF ' CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03- l~-'~'' CIVIL TERM · CUSTODY COMPLAINT FOR CUSTODY The plaintiff is Loree Joleen Bigler, residing at Lot 89 Countryview Estates, Newville, Cumberland County, Pennsylvania, 17241. The defendant is James Robert Shields, residing at 1 (}5 Hershey Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. The plaintiff seeks custody of the following child: Name Breanne Elaine Bigler Permanent Residence Lot 89 Countryview Estates Newville, PA 17241 Age 8 years The child was bom out of wedlock. The child is presently in the custody of the Plaintiff. The father currently has partial custody on mutually agreed upon weekends. During the past five years the child has resided with the following persons following addresses: at the Name Loree Joleen Bigler Jamie Hetrick Tyler Bigler Address Lot 89 Countryview Estates Newville, PA 17241 Date June 2002 to present Loree Bigler Tyler Bigler William Bigler Brenda Bigler Tina Bigler Steven Bigler Alyson Bigler 115 Booz Road Newburg, PA 1725'7 2 weeks in June 2002 LoreeBigler Tyler Bigler James Shields 105 Hershey Road Shippensburg, PA 1~7257 March 1997 -June 2002 The mother of the child is Loree Joleen Bigler, whose residence is currently Lot 89, Countryview Estates, Newville, Cumberland County, Pennsylvania, 17241.. She is single. The father of the child is James Shields, currently residing at 105 Hershey Road, Shippensburg, Cumberland County, Pennsylvania, 17257. He is single. 4. The relationship ofplaintiffto the child is that of mother. The plaintiff currently resides with Tyler Bigler and Jamie Hetrick. 5. The relationship of defendant to the child is that of father. The father currently resides by himself. 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to, the following: a). The mother has been active in the care and nurturing of the child since birth, including providing for their physical, educational, emotional and spiritual well being. The mother has been involved with the child's school activities and has continued to foster a relationship with the child's paternal grandparents in spite of the separation of the mother from the child's father. b). The father has not acted in the best interest of the children in ways including but not limited to the following: i.) The father has caused the child to be traumatized in his abusive behavior towards the mother and her family. There are times the child refuses to visit the father on weekends for fi~ar of his anger. ii.) The father has continually used the child to deliver adult messages to the mother as his contact with mother is limited due to a Protection from Abuse Order filed in Cumberland County, docketed at number 01- 0042. iii.) The mother alleges that the father becomes belligerent when he is drinking and this causes the mother and daughter to fear for the daughter's safety. iv) Because the father has been charged with driving under the influence the mother fears he may drive so while the child is in his custody. The mother is the parent best able to facilitate contact with the other parent. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant the following: 1 .) shared legal custody to the two parents; 2.) primary physical custody of the child to the plaintiff with partial custody to the defendant, to be limited to alternating weekends from 6:00 p.m. on Friday through 6:00 p.m. on Sunday. ;Such partial custody could be expanded once the father enters and completes anger and alcohol abuse counseling; 3.) a requirement that both parents provide an alcohol free environment when the child is in their custody. Plaintiff further requests any other relief that is just and proper. cc: Harold Irwin Attorney for the Defendant 35 East High Street Carlisle, PA 17013 Respectfully submitted, MargaretJM. Simok Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above named Plaintiff, Loree Joleen Bigler, verifies that the statements made in the above Petition are true and correct. Plaintifftnaderstands that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. J~l~en gigler--~ LOREE JOLEEN BIGLER PENNSYLVANIA Plaintiff · IN THE COl[JRT OF COMMON PLEAS OF · CUMBERLAND COUNTY, vs. - NO. 03-) JAMES ROBERT SItlELDS, . Defendant ' CUSTODY CIVIl. TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Loree Joleen Bigler, Plaintiff, to proceed i_n forlna pauperis. l, Margaret M. Simok, attorney for the party proceeding in fro'ma p__~uperis, certify tha~ I believe Ihe party is unable to pay the costs and that I am providing free legal services to the party. Margar~ M. Simok -- Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LOREE JOLEEN BIGLER PLAINTIFF JAMES ROBERT SHIELDS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1534 CIVIL ACTION LAW iN CUSTODY ORDER OF COURT AND NOW, Friday, April 04, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Virney, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 09, 2003 at 1:30 PM 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. 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 l~rior to scheduled hearing. FOR THE COURT, By: /s/ ]acqueline M. Verney, Esq, 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 heating. 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 1701.3 Telephone (717) 249-3166 ,VLN, fl09 HAY 12 2003 LOREE JOLEEN BIGLER, Plaintiff V. JAMES ROBERT SHIELDS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1534 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this /~'~ day ofta._ _.l~l.t~ ,2003, upon consideration of the attached Custody Conciliation~Report, it is ordered and directed as follows: 1. The Mother, Loree Joleen Bigler, and the Father, James Robert Shields, shall have shared legal custody of Breanne Elaine Bigler, bom March 31, 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. Mother shall have primary physical custody of the Child. 3. Father shall have periods of partial physical custody as follows: A. Beginning May 16, 2003 and continuing while school is in session, alternating weekends from Friday at 6:00 p.m.. to Sunday at 6:00 p.m. B. While school is in session, every Tuesday and Thursday from 5:00 p.m. to 8:00 p.m. C. Beginning the Friday after school recesses for the summer, alternating weeks, with the exchange day and time being Fridays at 6:00 p.m. During their off week, the non-custodial parent shall have liberal visitation with the Child as requested by the Child. D. Such other times as the parties agree. Holidays: A. Mother's Day/Father's Day: Mother shall have physical custody of the Child on Mother's Day. Father shall have physical custody of the Child on Father's Day. B. Thanksgiving: The Thanksgiving holiday shall be shared. Mother shall always have custody of the Child from 9:00 a..m. to 3:00 p.m. Father shall always have the Child from 3:00 p.m. to 9:00 p.m. C. Christmas: The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall mn from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. D. Easter: Easter shall be shared by the parties. Father shall always have the Child from Easter Saturday at 6:00 p.m. to Easter at 3:00 p.m. Mother shall always have the Child from 3:00 p.m. to 9:00 p.m. on Easter. E. Other Holidays: The following Holidays shall be alternated: Memorial Day, July 4th, Labor Day. Father shall have Memorial Day in 2003 and the parties shall alternate the holidays thereafter. 5. Father shall look into anger management counseling. 6. Transportation shall be shared such that the parties shall exchange the Child at the K Mart in Shippensburg, Pennsylvania. 7. Neither parent will do or say anything nor permit a third party to do or say anything which may estrange the Child from the other party, 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 and respect for the other parent. This provision is to be strictly enforced by the parents. 8. The parents shall assure that the Child will call the non-custodial parent every night between 8:00-9:00 p.m. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation 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 THt~ cc:~~'t'Simok, Esquire, Mid Penn Legal Services, Counsel for Mother J J~affies Robert Shields, pro se 105 Hershey Road Shippensburg, PA 17257 05-15'-0 HAY 1 2 2003 LOREE JOLEEN BIGLER, Plaintiff V. JAMES ROBERT SHIELDS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-1534 CIVIL TERM : : CIVIL ACTION - I,AW : : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Breanne Elaine Bigler DATE OF BIRTH March 31, 1995 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on May 9, 2003, with the following individuals in attendance: The Mother, Loree Joleen Bigler, with her counsel, Margaret Simok, Esquire, Mid Penn Legal Services and the Father, James Robert Shields, pro se. 3. The parties agreed to the entry of an Order in the form as attached. Date ~cqt~/irie M. Vemey, Esquire Custody Conciliator