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HomeMy WebLinkAbout00-05997 -~J"',' RAYMOND F. VARNER and GAYLE A. VARNER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON ~nd ANTHONY T. STEVENSON, Defendants CIVIL ACTION - CUSTODY NO . (!f)-sQQ7 8>>& NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD,~lNE, GO TO OR TELEPHONE THE ~' fi~ OFFICE SET FORTH BELOW TO FIND OUT ~HERE YOU CAN GET LEGAL HELP. "f-' CUMBERLAND COUNTY BARi}\SSOCIATION 2 LIBERTY.AVENUE CARLISLE' PA 17013 717-249-3166 ~~~ ~J '7~ Mary . Etter DiSSinger~ Attorney for Plaintiffs ~~, RAYMOND F. VARNER and GAYLE A. VARNER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON and ANTHONY STEVENSON, Defendants CIVIL ACTION - CUSTODY NO. {)f).S5'17 ~~ COMPLAINT FOR CUSTODY 1. Plaintiffs are Raymond F. Varner and Gayle A. Varner, his at 44 Grant Street, Enola, Cumberland County, wife, who reside Pennsylvania. 2. One Defendant is Audrey E. Stevenson, residing at 533 North Enola Drive, Enola, Cumberland, Pennsylvania. I 3. Another Defendant is Anthony T. Stevenson, residing at 704 I,Erford Road, Camp Hill, Cumberland County, Pennsylvania. ! 4. Plaintiffs seek custody of the following child: Name Present Residence Age K.C. Lee Stevenson 44 Grant Street 7 Enola, PA 17025 5. The child was not born out of wedlock. . 6. The child is presently in the custody of Plaintiffs who reside at 44 Grant Street, Enola, Cumberland County, Pennsylvania. 7. During the past following persons at Persons Mike Knoll i Audrey E; Stevenson K.C. Lee Stevenson & Other Unknown I Individuals I , Raymond F. Varner Gayle A. Varner Audrey E. Stevenson K.C. Lee Stevenson Mike Knoll Audrey E. Stevenson K.C. Lee Stevenson five years, the child has the following addresses: Addresses West Fairview, PA *44 Grant Street Enola, PA 17025 *146 Dauphin Street Enola, PA resided with the Date thru 08/95 from 08/95 to 10/95 to 08/99 * The child and Audrey Stevenson resided between these two (2) addresses from August, 1995 to August of 1999. Mike Knoll Audrey E. Stevenson K.C. Lee Stevenson & Other Unknown Individuals Dwayne Renault Audrey E. Stevenson K.C. Lee Stevenson & Other Unknown Individuals Mike Knoll Audrey E. Stevenson K.C. Lee Stevenson & Other Unknown Individuals **233 East Locust Street from 08/99 to Mechanicsburg, PA c. 11 or 12/99 **105 East Allen Street Mechanicsburg, PA **233 East Locust Street Mechanicsburg, PA c.ll or 12/99 to 01/00 01/00 to 02/15/00 **K.C. Lee Stevenson resided with Plaintiffs at 44 Grant Street Enola on average 3-4 days and nights per week. Raymond F. Varner Gayle A. Varner K.C. Lee stevenson II 44 Grant Street Enola, PA 17025 02/15/00 to Present 8. The mother of the child is Defendant, Audrey E. Stevens who currently resides at 533 North Enola Drive, Enola, Cumberland County, Pennsylvania. 9. She is single. 10. The father of the child is Defendant, Anthony T. Stevenson who currently resides at 704 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 11. He is married to Lori Stevenson. 12. The relationship of Plaintiffs to the child is that of maternal grandparents. The Plaintiffs currently reside with each other and the child, K.C. Lee Stevenson. 13. The relationship of Defendant, Audrey E. Stevenson to the child is that of mother. The Defendant currently resides with two men and a woman whose names are unknown at this time. ,14. The relationship of Defendant, Anthony T. Stevenson to the . child is that of father. Petitioners believe that Defendant resides with his parents, Bob and Nann Stevenson and his wife, Lori Stevenson. 15. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 16. There is a custody proceeding concerning the child pending in a court of this Commonwealth to Cumberland County Docket 2994 of 1994. 17. Plaintiffs believe when Anthony Stevenson filed his most recent custody modification action he and Defendant Audrey i,i stevenson represented the child lived with Audrey, and both Defendants have known the child has resided with Plaintiffs herein since February, 2000. 18. Raymond F. Varner has gone to every custody conference involving this child but has been excluded from every conference . because he was not a party. 19. Plaintiffs do not know of any other person not 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. 20. The best interest and permanent welfare of the child will be served by granting the relief requested because they have been acting as her parents exclusively since February of this year and since the birth of the child through February of this year they acted in conj unction with the child's mother as the child's iparental unit, and since February, Plaintiffs have seen to the ,child's medical needs, obtained and administered her prescriptions, provided food, shelter, clothing and discipline as needed, and furthermore, the Plaintiffs have stood in loco parentis to this child since birth. 21. Each parent whose parental rights to the child has 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 or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. 'I WHEREFORE, Plaintiffs request the Court to grant custody of the child to Plaintiffs. Respectfully Submitted: DISSINGER & DISSINGER BY~ t?~ Mar~ Etter Dlssinge Attorney for Plaintiffs Supreme Court I.D. #27736 400 South State Road Marysville, PA 17053 (717) 957-3474 I I II -:~~-- VERIFICATION I, Raymond F. Varner, verify that the statements made in the Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~v$eY~ VERIFICATION I, Gayle A. Varner, verify that the statements made in the . Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~a~ Ga e . Varner , RAYMOND F. VARNER and GAYLE A. VARNER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants CIVIL ACTION - CUSTODY NO. 00-5997 Civil ~ ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON, Defendant CIVIL ACTION - CUSTODY NO. 2994 of 1994 RULE TO SHOW CAUSE AND NOW, this 31st day of August, 2000, a Rule is issued upon Joan Carey, attorney for Audrey E. Stevenson and Thomas Williams, attorney for Anthony T. Stevenson, to show cause why the above captioned actions in custody should not be joined. ~ ,! Rule returnable ., ot..,J . al':z.. J'.fJ'\I,........ . BY THE COURT: J. Cc.f'ILS m;;uluL: My wl'LL/~"l.S KJ.u.y ~i AA>IJ..o..,y ~~o;vso<\.) ~~ ~seW r~Uly t1..';w -/-0 t+#y V/~,Lx;~ flu / 00 ~ ~- ",-, <' ~ , ::I I' , I" I: II I Ii 1,1 1'\ , .,;"~ ~ .<- . " "" :-'--~C\!CT;\RY 00 fi.(j~ ::j Q, ".t; J'I_lv "U'I',/,C:li :~"I; ,'YJI'I\I1'( v \ L,~_, Il~ ~ ,,-,, "-h. .J <II PENNSYLVANIA 1!1!I!lIIIflM!ll!l'~~~FJiN;~I@.~~'if"~"1'*-1~~jI\W)?";'!!!!-'~f.w~fl!f{i'\"'[j!ilj1l-'iW~';!/~~!I'~'~JJi!i'jjl~~" ..,.itJ!!l" ~ . .. RAYMOND F. VARNER and GAYLE A. VARNER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants CIVIL ACTION - CUSTODY NO. 0 (1- '>crr7 ~. ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON, Defendant CIVIL ACTION - CUSTODY NO. 2994 of 1994 MOTION TO JOIN CASES AND NOW, comes Raymond F. Varner and Gayle A. Varner, his wife, by and through their attorneys, Dissinger and Dissinger, and requests the Court to join the above two (2) captioned custody cases for purposes of hearing, for the following reasons: 1. Petitioners are Raymond F. Varner and Gayle A. Varner, his wife, who reside at 44 Grant Street, Enola, Cumberland County, Pennsylvania. '2. Respondents are Audrey E. Stevenson who resides at 533 North Enola Drive, Enala, Cumberland County, Pennsylvania and Anthony T. Stevenson who resides at 704 Erford Road, Enola, Cumberland County, Pennsylvania. 3. Plaintiffs believe Anthony T. Stevenson initiated a custody - . . action against Audrey E. Stevenson to Cumberland County Docket Number 94-2994 alleging that Audrey Stevenson had custody of the minor child, which allegation was known by both Mr. Stevenson and Audrey stevenson to be untrue. (See copy of Custody Complaint filed by Petitioners herein attached as Exhibit "B".) 4. A recent Order pertaining to custody was entered by the Court pursuant to the Agreement of Audrey Stevenson and Anthony Stevenson. (See copy of Order attached as Exhibit "A".) 5. The Custody Conciliation Conference scheduled in the matter of Anthony T. Stevenson versus Audrey E. Stevenson was conducted by the Conciliator, Michael L. Bangs on or about May 25, 2000. 6. Petitioner Raymond F. Varner appeared at that Custody Conference and every other time a Custody conference was ever scheduled, but he was excluded from the Custody Conference because he was not a party. 7. Petitioners herein have filed a suit for custody of the minor child, K.C. Lee Stevenson simultaneously with the filing of this Motion. (A copy of said Petition is attached hereto as Exhibi t "B".) 8. Petitioners herein aver that the minor child has resided with them exclusively since this past February, 2000. 9. Petitioners herein aver that the child, K.C. Lee Stevenson, has resided with them and her mother, Defendant Audrey E. Stevenson, at various times since the child's date of birth. 10. The child, K.C. Lee Stevenson, was placed exclusively with 11. . , I I. I: I. Petitioners herein by her mother, Audrey E. stevenson on or about February 15, 2000. Since the time the Defendant, mother Audrey E. Stevenson placed the child with the Petitioners herein, Petitioners have assumed the parental role in raising the child, to wit: (1.) they have seen that she has received medical when and as needed; (2.) they have obtained and administered the prescriptions for the child when and as needed; (3.) they have provided the food and meals for this child; (4.) they provide the home this child lives in, (5.) they provide the discipline this child requires from time-to-time, and (6.) they attend to her daily care and needs. (See copy of Custody Complaint attached as Exhibit "B".) 12. In the interest of judicial economy it is appropriate to join the two (2) cases for hearing. i,I13. I ,I 14. 15. The matter of Anthony T. Stevenson versus Audrey E. Stevenson, filed to Cumberland County Docket Number 94-2994, is scheduled for Hearing before The Honorable Kevin Hess on September 14, 2000. Petitioners request that their Petition for custody be heard at the time same and that they not be required to go to conciliation in advance of that Hearing. The Petitioners herein intend to appear in Court in front of The Honorable Kevin Hess on September 14, 2000 at the time of Hearing to assert their rights to custody as grandparents and their standing in loco parentis. WHEREFORE, Petitioners request that the Court join the two (2) captioned cases set forth above for Hearing on September 14, 2000, at 1:30 P.M. before The Honorable Kevin Hess. Respectfully Submitted: DISSINGER & DISSINGER By~~a:~ Mary . Etter Dissinge Attorney for Plaintiffs Supreme Court I.D. #27736 400 South State Road Marysville, PA 17053 (717) 957-3474 ! ' - "~ ~.o. , ", F ILE ~b .5613 08/28 '00 15: 1::' ID : LEGAL SER"/lCES. r~lc. F A>< : 7172438026 PAGE 2 ......... .- AKTHONY T. STEVF.~SON, Plaintiff vs. ) ) ) ) ) ) ) IN Tlf[~ COlJRT OF COMMON PLEAS or CIJMBERLAND COUNTY, PE!\'NSYL VA!\:IA AUDREY E. STEVENSON, Deti:ndant NO. 94-2994 CIVIL TERM CIVIL ACTION - LAW OlmEH AND NOW. this .. 20t~ d.lyof :J'lU[e. ,2000, upon receipt of the Conciliator's Report. it appearing th.ll n hem'ing is necessary, it is hereby ordered and directed as follows: I. A hearing is scheduled tl)r the 14+h .daYOf~. 2000, at J :.3~ o'clock LJvl., in Court ]{oom Nlllllbcr -.:_.:L. nl'thc Cumberland County Court House. Clll'li.~le. Pel1nsylvania. Iloth parde." tlmlllgh counsel, will provide each other and the ,'Ollrl with a list ofwitncsses ten (10) d.IYs pdor to the ,hue of the hearing ulong with a statement us to their expected testimony. Additionally, both parties will submit their pt'Oposul lllr u resolution 01' the multer. PENDING SA[O l-IEARINCT, the parties slwll have II custodiul urnmgcment in Ilccoruance with the following: 1. .'\11 prior Orders retakd tll custody in this c!\se ure VACATED. 2. The rurtic, ,hall shal'c kgl1! ,USIO;!' otl'h,' minor child. K. C. L~~ Stevenson. do.b. Lle,embcr J, 1992 EXHIBIT A .Ii " " " ..,......." h,,_. ~ ~" -'~ " - , FfLE No.5613 08/28 '001:,:12 f["LEGAL SERVICES, INC. FAi< :71724ai~026 -- -- 3. Mother shall have prinuLry physicul cu~tody of the minor child subject to periods of purtiul custody und visitation with Fnthcr as follows: A. F<ll'three (J) ~tnlight SUlllJ'(llIYS, beginning Suturdll)' Muy 27,2000. from 10:00 n.m. lIntil 6:00 p.m.; 13. On Saturday, June 17,2000, mIO:OO lLl". until SUndl!y, June 18,2000, at 12:00 noon; C. Bcginning Friday, June 30, 2000, ut 6:00 p.m. until Sunday, July 2, 2000, at 6:00 p.m., and alternating wcekends thcreufter until nlOditied by this COllrt. 4. The drop.off and pick-up for these periods of CllSlody slml! be lit the Mother's residence. Mother is currently residing with her pllrents: 'j f Mother , moves, ,she must provide Futher with II currcnt nddress so that hc CM cffectuate the.so periods of pl\fli(11 custody. Likewise, Father IllUSt keep Mother informed of his current residence. 5. 130th paJ1ies shrIll pr<1vide each othcr immediately with their home and work telephone numbers. These home llnd wnrl< telephone numbers shall be lIsed for emergency purposes only or to modify the timing of this c.:\lsltldiul ~ I - ---J -" ' ~' . '"",-... F'AGE 3 ,<' ,~: , .""" FILE NO.!:',66 OS/2:~ '00 15:18 ID:LEGAL SER'v'ICES, INC. FA}~ :71 '(243802e PAGE 4 '--." .- urnmgCl1lent. :-.Jcirher party shall use these telephone !lumbers for any form of hrlraSSlllcnt or otherwise. flY THE COURT. M -iur:n i k--- KEVIN A. lIESS. .I. Thomas J. Williallls, Esquire Legal Services, Inc. mlb TRUE COPY FROM RECORD In Tesrimony whereof, I hCf~ vnro set my hand <<nd the $eal of said COUrT a,. Car!).sle, p&. Thi ......g.J.... f''-;J~:J.~:.)~J" . f},' . ~ ProthorctetY. ~ . , " . . ~, .' . 'c' ,_co FILE No.566 08<~9 '0015:13 LD:LEGAL SERVJCES, INC. FAX:71724:38026 F'AGE 5 '-' '''''- ANTHONY T. STEVENSON, Plaintiff vs. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMUI1RLA1':D COUNTY, 1'F.!\lNSYLVANIA AUDREY E. STEVENSON, Defendant NO. 94-2994 CIVIL TERM CIVIL ACTION - LA W JUDGE PREVIOUSLY ASSIGNED: None. CUSTODY CONCILlATlOl\; CO:"iFERE1\'CF: SIJMMAHY REI'OIH .'-....--. -- IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE I 915.3-8(b), the ~lI1dersigned Custody Conciliator submits the following report: I. The pertinent informntion concerning the child(ren) who is(are) the sllbject of this litigation is as follows: NAME BIRnlDATE CURRENTI.YIN .~'LJST<~DY OF K. C. Lee Stevenson December 1, 1992 Defendant 2. A Condliation ConfenJllce was held on M<1y 25. 2000, und thet'o!1owing Individtmls were present: the I'llIlntil1' nnd his nttorney, Thol1ll1s.l. Williams, Esquire; the Defendant J. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See atwched Order. 5. The Plninlifl"s position on ctlstody is as follows: [-'(Ilher's position is thm he should have primary physical custody of the child because he maintains that the Mother has completely stit1ed his llbilily to see the child. He alleges that she has moved around frequently and thnt she has prevented him Ii-om contact with the child. Father also maintains that she hLL' H drug lmd/ol' alcohol problem and that he is hetter sldted to tllke ellre of the child. ~~ . ',.', "" ' . FILE No .se6 08/2~3 :00 15: 14 ID : LEGAL SERVICES, INC. FAX:7172438028 PAGE 13 '-..- Futher does llcknowledge, however, that up to the point or the conciliation conference, hc hus nevcr hud UIl overnight with the child Ullci has only hud sporadic contact with the child over the years. 6. The Defendant's position on custody i~ lIS tl11l0WS: Mother denies thtH she Ims interrupted Father's custodial arrangement. She maintains that he has never really followed through with uny Orders nnd th'll she has not prevented itlrom occurring. She does acknowledge, however, frequent moves over the lust scveml yellrs and also indicates that the arrangements were being made between her fllther and mother with the natural Father, Apparently Mother und Father cannot communicute nt all. Mother does not believe a cust(ldial change is warranted. 7. Need for separate counsel to represent ehild(rcn): Neither party reqLlested. 8. Need for independent psychologiclll evaluation or counseling: )\one req(lested and the Conciliator docs mIL believe ~\tly is necessary. 9, A he~ring in thb matter will take three hours. 10. Othcr matters or comments: This is a ca~e involving u 7 ycar old child. Tile Fnth~r h~lS had sporadic contact with th~ child over the yelll's. There WItS nn Order of Court entered in this case on Octob~l' 16, 1999, that called for a ph~lsc.in schedule which eventually would result in Fllthcr having the child, beginning in April, 2000, Ii'om SaturdllY until SunullY. This was never implemented. From tile Conciliator', per,pecti\'e, it is clear that both pUl'lics have to b~ar snme urthe responsibility for this not occurring. Father, while he mailllain~ that hc did nut know th~ /-'1 " ,-" -I,~". > ,~,;~ FILE No .566 <38/28. '00 15: 15 !D : LEGAL SERVICES, IIIIC. FAX:7172438026 PAGE 7 ~ ....... Mother's wherenbollfs, wa~ uhle 10 speak with his dllllghler aile! was able to contact Ihe d(lllghter throllgh the Mother'., parcnts. On the other hand, Mothel"s position thut Fllther has not asserted his rights to see the child is equally speciolls. Clearly, Mother hus not made any reut emlrl to keep Father advised or her whereabouts and 10 encourage perillus ClI' custody with the child. We huw (I siluation where the two pUl'enls have a complete inabilily 10 commllnicate with euch other and also (lrc making very liltle cffort to tr)'. The Conciliator recommended an Order which is attuched whereby Fnrher gets re.eslubli~lwcl with his dUlIghlci' and then begins U regular, alternating wcekend schedule. fl)' the lime thc case gels lo n heming, the COlli't should have a real understanding as to whether or not each purty'~ position has uny merit. AssLlming that the rceommended Order is working ulthe timc of the hearing, the Concili!ttor recommends to the Court that it not be ll1odilied. Fathel' d(\e5 not hllve Ii basis for El i n1l.lditication or the custodiLlI arrangement. Mother, on the oth~r hand, !!lust encoumge the regular and consistent <:,Olitact with F atller. The recommended Order ltccumplishes both of those gO(II~. tJopet\Jily thc porties will not be so udmllont as to their positions once this Order hus becn in effect tor a period of timc and a hellring will not be l1ece~~ary. Date: JUI\C 13, 20()() J 4i lli dWJf Y \'i!>>JZ.t('2. Michael L. Bung~ Custody COl1cili,,\or . " - ~ - "," ~ RAYMOND F. VARNER and GAYLE A. VARNER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants CIVIL ACTION - CUSTODY NO. ORDER OF COURT AND NOW, 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. FOR 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 by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. 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 BPR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-31E6 EXHIBIT ., , 'd""; , _"~_f,~,,,_~ ~,'^' ""',,,. RAYMOND F. VARNER and GAYLE A. VARNER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants CIVIL ACTION - CUSTODY NO. NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 717-249-3166 Mary A. Etter Dissinger Attorney for Plaintiffs ",y ,'..' <"-.' ",,' RAYMOND F. VARNER and GAYLE A. VARNER,' his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON and ANTHONY STEVENSON, Defendants CIVIL ACTION - CUSTODY NO. COMPLAINT FOR CUSTODY 1. Plaintiffs are Raymond F. Varner at 44 Grant Street, and Gayle A. Varner, his Enola, Cumberland County, wife, who reside Pennsylvania. 2. One Defendant is Audrey E. Stevenson, residing at 533 North Enola Drive, Enola, Cumberland, Pennsylvania. 3. Another Defendant is Anthony T. Stevenson, residing at 704 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 4. Plaintiffs seek custody of the following child: Name Present Residence Age K.C. Lee Stevenson 44 Grant Street Enola, PA 17025 7 5. The child was not born out of wedlock. 6. The reside at child is presently in the custody of Plaintiffs who 44 Grant Street, Enola, Cumberland County, Pennsylvania. 7. During the past following persons at Persons Mike Knoll Audrey E~ stevenson K.C. Lee Stevenson & Other Unknown Individuals Raymond F. Varner Gayle A. Varner Audrey E. Stevenson K.C. Lee Stevenson Mike Knoll Audrey E~ Stevenson K.C. Lee Stevenson ;; ~. ~- -.h---",- five years, the child has the following addresses: resided with the Addresses Date West Fairview, PA thru 08/95 *44 Grant Street Enola, PA 17025 from 08/95 to 10/95 *146 Dauphin Street Enola, PA to 08/99 * The child and Audrey Stevenson resided between these two (2) addresses from August, 1995 to August of 1999. Mike Knoll AUdrey E. Stevenson K.C. Lee Stevenson & Other Unknown Individuals Dwayne Renault Audrey E. Stevenson K.C. Lee Stevenson & Other Unknown Individuals Mike Knoll Audrey E. Stevenson K.C. Lee Stevenson & Other Unknown Individuals **233 East Locust Street from 08/99 to Mechanicsburg, PA c. 11 or 12/99 **105 East Allen Street Mechanicsburg, PA c.lI or 12/99 to 01/00 **233 East Locust Street Mechanicsburg, PA 01/00 to 02/15/00 **K.C. Lee Stevenson resided with Plaintiffs at 44 Grant Street Enola on average 3-4 days and nights per week. Raymond F. Varner Gayle A. Varner K.C. Lee Stevenson 44 Grant Street Enola, PA 17025 02/15/00 to Present ~~ ~"~ >,. .. j-, . ~~ , ~" 8. The mother of the child is Defendant, Audrey E. Stevens who currently resides at 533 North Enola Drive, Enola, Cumberland County, Pennsylvania. 9. She is single. 10. The father of the child is Defendant, Anthony T. stevenson who currently resides at 704 Erford Road, Camp HilI, Cumberland County, Pennsylvania. 11. He is married to Lori Stevenson. 12. The relationship of Plaintiffs to the child is that of maternal grandparents. The Plaintiffs currently reside with each other and the child, K.C. Lee Stevenson. 13. The relationship of Defendant, Audrey E. Stevenson to the child is that of mother. The Defendant currently resides with two men and a woman whose names are unknown at this time. 14. The relationship of Defendant, Anthony r. Stevenson to the child is that of father. Petitioners believe that Defendant ; resides with his parents, Bob and Nann Stevenson and his wife, Lori Stevenson. 15. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 16. There is a custody proceeding concerning the child pending in a court of this Commonwealth to Cumberland County Docket 2994 of 1994. 17. Plaintiffs believe when Anthony Stevenson filed his most recent custody modification action he and Defendant Audrey - . ~-~ "-> Stevenson represented the child lived with Audrey, and both Defendants have known the child has resided with Plaintiffs herein since February, 2000. 18. Raymond F. Varner has gone to every custody conference involving this child but has been excluded from every conference because he was not a party. 19. Plaintiffs do not know of any other person not 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. 20. The best interest and permanent welfare of the child will be served by granting the relief requested because they have been acting as her parents exclusively since February of this year and since the birth of the child through February of this year they acted in conjunction with the child's mother as the child's parental unit, and since February, Plaintiffs have seen to the child's medical needs, obtained and administered her prescriptions, provided food, shelter, clothing and discipline as needed, and furthermore, the Plaintiffs have stood in loco parentis to this child since birth. 21. Each parent whose parental rights to the child has 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 or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. ~-- , '~-'~ WHEREFORE, Plaintiffs request the Court to grant custody of the child to Plaintiffs. Respectfully Submitted: DISSINGER & DISSINGER BY~~~ Mary . 1:; ter Dl.S i ger Attorney for Plaintiffs Supreme Court I.D. #27736 400 South State Road Marysville, PA 17053 (717) 957-3474 - ~--.... - . .lmaw~, VERIFICATION I, Raymond F. Varner, verify that the statements made in the Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~v$eY~ VERIFICATION I, Gayle A. Varner, verify that the statements made in the Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~ r {, tJ {I ,tJ..A_")l.lV Ga . e. . Varner . ~, RAYMOND F. VARNER and GAYLE A. VARNER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants CIVIL ACTION - CUSTODY NO. ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON, Defendant CIVIL ACTION - CUSTODY NO. 2994 of 1994 CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the defendants and their respective attorneys, by First Class United States mail addressed as follows: Audrey E. Stevenson 533 North Enola Drive Enola, PA 17025 Anthony T. Stevenson 704 Erford Road Camp Hill, PA 17011 Joan Carey, Esquire Cumberland Co. Legal Services 8 Irvine Row Carlisle, PA 17013 Thomas J. Williams Esquire Martson, Deardorff, Williams & otto 10 East High Street Carlisle, PA 17013 Date: ?7 3d) etJI ~d~ Mary A.' Etter Dissinger . ,I , II '.' ",-,>-. ',---",-,; -.-~--,' /,;: ,-":",-- ""'-,- .- RAYMOND F. VARNER and GAYLE A. VARNER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF vs CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~NO. 00-5997 CIVIL TERM AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF vs CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AUDREY E. STEVENSON, Defendant NO. 2994 CIVIL 1994 IN RE: CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 14th day of September, 2000, all parties having appeared in court together with their attorneys, it is hereby ordered and decreed that custody of K. C. Lee Stevenson, born December 1, 1992, is as follows: 1) Legal custody shall be shared by the maternal grandparents, Raymond F. Varner and Gayle A. Varner, and the natural parents, Anthony T. Stevenson and Audrey E. Stevenson. 2) Primary physical custody of the child shall be with the maternal grandparents, Raymond F. Varner and Gayle A. Varner, subject to such periods of partial custody with the natural father, Anthony T. Stevenson, as may be agreed upon between him and the grandparents, and partial custody with the natural mother, Audrey E. Stevenson, every other weekend, from Friday until Sunday, at hours to be agreed upon by the parties. The mother may request two additional evenings per week, again, to be agreed upon by the parties. ". -., ,-- ~ ~"',-, ,"", '_'ffJ" ~,~,_V"_~, ..'_ "~, ~. " _" _J fiiEO-OfRCE [~.,c '" ,'~ ,)'"/,,,., 'r 'IO'fARu. lj. \ l'i~:. (' ;'>,:,\ t', .}I\ I-I 00 SEP 15 Ai, I!: 17 CUM8pflLAl'.;D COUNTY PENNSYLVANIA i I; , ~ ~ I:' 1'1 !:~ "I" I' ~I I,':!, !~ !I lif! ',.,111' li~ ~l ~k "!""',~--- ~--,. _"_<,'~'''''"''''~~"'' r",_, Imwi~~:ffl~~11]I'JIJl!l';1.~.~~IIJ~$'~tf_I,Um, IUiiIi,",_ ':"~,'~!'_ ,~!~~_ ~, ' ^_:," - .',. .~ '~';--~'~'" ~ -0 , 'ij, NO. 00-5997 CIVIL TERM & 2994 CIVIL 1994 By the Court, Mary A. Dissinger, Esquire For Raymond & Gayle Varner ifL Hess, J. o:J C . (\ 0 ~ q'~-k Joan Carey, Esquire Legal Services, Inc. For Natural Mother Thomas J. Williams, Esquire For the Natural Father :bg ');'