The URL can be used to link to this page

Home My WebLink About00-07897 ~ NOV 8 2~ ANGELA L. GLADFELTER, a Minor, by BETTY JEAN GLADFELTER, her Guardian, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff! Petitioner v. : CIVIL ACTION - LAW : IN CUSTODY PHILLIP E. PALMER Defendant! Respondent : NO. t\?-m7CIVIL TERM ORDER OF COURT AND NOW, this ~y of k~, 2000, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: 1. Angela L. Gladfelter shall have temporary legal and sole physical custody of the minor child, Joshaua Lloyd Palmer, born January 31, 2000, until further Order of Court. 2. The respondent, Phillip E. PaImer, shall immediately retum Joshaua Lloyd PaImer, to Angela L. Gladfelter's care and custody. 3. The Cumberland County Sheriff shall serve this Order on respondent, and shall effectuate the immediate retum of Joshaua Lloyd PaImer to petitioner. l"1'1-, "-~ ".' '~lJa1illMi~$IlWl~,i;lI/!l""",r"_rll~lji..",,,,;w;,b~'N;lh",<klJ,;;oOiiW;ml';iii!'~;'<E,,"";~""'<I'~'["-8~J""'I"j'J;"'~),J"l'i'~'W:lillh~~ib1l<.l~~''''","-~'_P,""Wdif_~'&iIi!!!~;U~Ili:!ii-~ !~rJ:D-OiT1CE OF !::C;:Y:"C:DTi\RY 00 NOiJ -8 Pi1 2: 03 CUM8EfiLN,[) COUNTY PENNSYLVmlA ~ - ~llUsdIiill . rz,...., 4. A hearing regarding this Petition for Special Relief is hereby scheduled for thel1 day of )uw~000 at (.: 30 o'clock r in Courtroom Number~, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties along with their legal counsel, shall appear in person, ay;es 1. i'hti'leo{ ! 1- g--OO tWlE> 11 ~- I' -- c ANGELA L. GLADFELTER, a Minor, by BETTY JEAN GLADFELTER, her Guardian, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/ Petitioner v. : CIVIL ACTION - LAW : IN CUSTODY PHILLIP E. PALMER Defendant! Respondent : 1r'/1 : NO. d-O- CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 8th day of November, 2000, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Angela L. Gladfelter, a Minor, by Betty Jean Gladfelter, her Guardian, by their attomeys, the Family Law Clinic, seeking emergency custody of the minor child, Joshaua Lloyd Palmer, bom January 31, 2000. In support of her Petition for Special Relief, Petitioner avers as follows: 1. Angela L. Gladfelter is a minor who currently resides at 80 East Main Street, Newville, Cumberland County, Pennsylvania 17241. 2. Betty Jean Gladfelter is Angela Gladfelter's mother, who currently resides at 80 East Main Street, Newville, Cumberland County, Pennsylvania 17241. 3. The respondent is Phillip E. Palmer, an adult individual who resides at 26 South High Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Angela L. Gladfelter is the biological mother (hereinafter "Mother") of the ten-month old minor child, Joshaua Lloyd Palmer, born January 31, 2000 (hereinafter "Joshaua"). i""""""'-^'-'~' -- ., - -,-r ., '" " 5. The respondent is the biological father (hereinafter "Father") of Joshaua. 6. Mother and Father dated for two years and broke up two weeks ago. Father moved out of 80 East Main Street, Newville, on October 24,2000, and moved to 26 South High Street, Carlisle. 7. J oshaua remained with Mother when Father moved out of the residence. 8. From the time that Father moved out of Mother's home on October 24, 2000, and until November 3, 2000, Father did not see Joshaua. 9. On Friday, November 3, 2000, Joshua's paternal grandmother, Mary Palmer, asked to see Joshaua. Mother allowed paternal grandmother to have an overnight visit with Joshaua, with the understanding that Mother would pick up Joshaua at 11 :30a.m. on Saturday, November 4, 2000. 10. On Saturday, November 4, 2000, at 6:00 a.ill., Father telephoned Mother and informed her that he had Joshaua, and that he would return Illm later that day. 11. When Mother did not hear from Father again on Saturday, she went to Father's residence to getJoshaua. 12. Father refused to return Joshaua to her at that time, and the parties had a physical altercation. Specifically, Father punched Mother in the chest and pushed her away from his door. 13. Mother called the police, but the police did not assist her in obtaining custody of J oshaua. 14. Upon information and belief, Father does not have any ofthe necessary items to care for Joshaua, including a crib, clothing or blankets. ,-'~ , ,...,. ; 'I .~ " ~~ 15. Father abuses alcohol and has been abusive towards Mother in the past, including an incident where Father physically pulled Joshaua away from Mother, hitting Joshaua's head on the wall. 16. Mother is very concerned for the safety and well being of her child. 17. Mother believes and avers that it is within the best interests of the minor child that Mother be granted temporary legal and temporary sole physical custody of Joshaua, until further Order of Court, because she is better able to care for her ten month old son, and because Father disrupted the status quo by removing Joshaua from Mother's care. r'''i~'~. 'I WHEREFORE, the petitioner, Angela L. Gladfelter, by Betty Jean Gladfelter, respectfully requests that this Honorable Court enter an Order against the respondent, Phillip E. Palmer, granting Petitioner temporary legal and sole physical custody of Joshaua, ordering Respondent to return Joshaua immediately to Petitioner, providing that the Sheriff serve the Order on Respondent and effectuate the immediate return of the child, and setting this matter for a hearing. Respectfully submitted, II /~ IOIJ Date I ' '71/~ tJ.4 Melanie Walz Scaringi Certified Legal Intern ~~s if THOMAS M. PLACE TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 ). /-rLI-I / !- oy ~ , r' VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: 000 '"-.",.,,",, '-- ~ 1 '"1-1 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: t j- 7-()O ~dd/:::IA ".".',!!'.......... . ~ ,~~ "~" ^---'>'_'''''''<J'''''''' ""',~'~_ o C ? qJ~~; ~t-.' l~ 2: =< ~I I'T~ o C) o 71 :6'" d I Co 'f'- --;'~~j --J i "-~~j~~, .~'o- -.;...; \,j..._; --5f " (jhl \~: 5:J -< ::: !:-;; n~I!F!i!ifI~~\OIt;ll*1I""""""""'''!;\"'''ffl'W_~'~''''ffl'1'f''IIIIH'~i;<..Ilil!Ili3'_'f1'ffi"",;~" ""~Jf'fRi''''''i}}''l''~'''''r~~'''''''"'''''~-' ~;-"~''''H'r."_'"'"1''''''',1''1'i!l'~"'~WI''''''!'~''''l~F,i!~'~''01'',"",~,~~ 1l!lI!1l!I'!lllI1:!!lI!IP~' " SHERIFF'S RETURN - REGULAR CASE NO: 2000-07897 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GLADFELTER ANGELA L VS PALMER PHILLIP E ROBERT L. FINK, SR. , Sheriff or Deputy Sheriff of Cumberland county,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon PALMER PHILLIP E the RESPONDANT , at 1745:00 HOURS, on the 8th day of November, 2000 at 26 SOUTH HIGH ST. NEWVILLE, PA 17241 by handing to PHILLIP E. PALMER a true and attested copy of ORDER OF COURT together with PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 so.~~~_~~ R. Thomas Kline 00/00/0000 me this 1'1 ~ day of ~~ By: / . I ~ Deput S eri , " Sworn and Subscribed to before I1AJ.-I,",AO,L. ;} DVV A. D . q~n,_0..~~ rothonotary , ,i II :_v,,'"-"""" ~ II " SHERIFF'S RETURN - REGULAR CASE NO: 2000-07897 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GLADFELTER ANGELA L VS PALMER PHILLIP E CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon PALMER PHILLIP E the RESPONDANT at 0013:30 HOURS, on the 14th day of November, 2000 at CUMBERLAND CO COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to PHILLIP E. PALMER a true and attested copy of ORDER OF COURT together with COMPLAINT IN CUSTODY and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Ans;;;~~ 18.00 .00 .00 10.00 .00 28.00 R. Thomas Kline 11/14/2000 Sworn and Subscribed to before h. /,.i'b me t lS v day of ~ ..2~.u A.D. ~ . ~J. ,--{2~~ I ~othonotary . ~~'1_'fl1 , , ~ . ANGELA L. GLADFELTER a Minor, by BETTY JEAN GLADFELTER, her Guardian : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY V. PHILLIP E. PALMER NO. 00-7897 CIVIL TERM AGREEMENT AND ORDER OF COURT This agreement made this 14th day of November, 2000, between Angela L. Gladfelter, a minor, hereinafter Mother, by Betty Jean Gladfelter, her guardian, and Phillip E. Palmer, hereinafter Father, concerns the custody of the child, Joshaua Lloyd Palmer, born January 31,2000. Mother and Father desire to enter into an agreement as to the custody of the child and to have this agreement made an order of court pending conciliation in this matter. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the child. 2. Mother and Father shall share physical custody of the child. 3. Father's periods of physical custody shall consist of the following: a. Every weekend from 8:00 a.m Saturday morning till 5:00 p.m. Sunday evening. b. Every Tuesday and Thursday evening from the time Father gets home from work until the time Father leaves for work the following morning. 4. For Thanksgiving, Father shall have the child from 7:00 a.m. until 4:30 p.m. 5. For Christmas, Mother shall have the child on Christmas Eve; Father shall have the child on Christmas Day from 9:00 a.m. until 9:00 p.m. '1! - ^. ,. q "'7 " I , "1',_ , 6. Mother shall have custody of the child at all other times. 7. All custody exchanges shall take place at Mother's home, currently 80 East Main Street, Apartment 3, Newville, Pennsylvania, 17241. 8. Mother and Father shall promptly notify each other of all medical care the child receives while in that parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 9. All terms of this agreement may be changed by mutual agreement of the parties. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year first written above. dP~~'z'J7~ Phillip . Palmer, pro se Ang a L. Gladfe ter, a ~g~~ Betty ean Gladf Iter, her Guardian ~P~;t/~o df] ~~A{I~ Mel me Walz Scaring; Certified Legal Intern ~~f-- TERRI L. HENNING THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for the Plaintiffs ,,,,~ '.", '.-~ "." ., ,-~ Made an Order of Court this 14th day of November 2000, By the Court, , ,:i '-J: ., ~, co"," ~ _~ 0'" -, i' "." - . _ '1""1, . I. . <~-" ~-~~ -,~-"'':'-l"j' P.J. [cOles FNJly \ L r '1 L;,w 9:"en vy f'Cl""r /1_14- 00 _1 "..0< , .." . "'''''''''''" >'." ~ --~~ m"""""!!",~,,. ~ 0' ,,_ ""'< "~"">W' c' ~ ~~ o C i:Jr"8 fTlr1-- ~~; ~f0; "'-.C /...: -"-1 -< :....... a o c -q z '=2 ,";~~ .!:"" ,- () .,., -' ; -.~- ~~ ()' ~ ::'n -< N C- (" '_'~_'~'_~""1""'l"_\~"'<i"_.~.~..lMJlIIll!lI]'\III1!!1~~"*,,,_~.;'\ji'(ll,N'4''B:~HW;;lf"";>;c~.,''ti'1I",1I!'!:-WJI>ml!Wl'~~',,,",,_~f1!'!''ij,1lIfI!>~,~ ~~" i ,I " 1'1 II ,l! !l 11 ;': 'I ,I " \ 'i ,I ':[ ;:i "I ii! 'i i'i ';1 , ;11 ::1 , , 'ii! :il " .iil -I! !!I ';11 ,J! '.Ii 'ii ":"! ",' ANGELA L. GLADFELTER, A MINOR, BY : BETTY JEAN GLADFELTER, HER GUARDIAN, : Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-7897 CIVIL TERM . . : CIVIL ACTION - LAW PHILLIP E. PALMER, Defendant : : IN CUSTODY OODER OF COURT DEe 1 4 2~ AND NOW, this 7th day of December, 2000, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for December 12, 2000, is canceled. FOR THE COURT, C~!~ Dawn S. Sunday, Esquire Custody Conciliator ,.r,!"', , , ~,>l~lJ....j;iHjJgk;J,o;'-&.ol.m:.;:,""~"f"="''''''I~i'i<':;''''Yi1~'M",,"j~,j;,~,,..,.1,;;;;"",,,,,_;:..,~,;,,,,,,""d~""V.J,";'-"""l,'-: ,'<i<i.;;'hi1rif;"!~J:\filtll\!I~i~lMli~~~,,",,,~.-~Ilt__,,,,~",,-~~101ill 1 Cor 1\.." . "1,";.::.-'\ 'lOTi~HY In' I,' '-': ?L, GO DrT ' U i i L ".."7 ,,,,''',, "., '..i'uNI\y CUiVIOth\JII\\.J vU PENNSYLVflNiA ,ALJ."_,~_""~"~,il~!NJlt~bl;1{~~,.-.ll~",,,~,*,,,,,-~,,,, ,!.,!J]m,~JJ ",BIt 1,4L, ~,',,~ '-,',\1.~,"'''''',fm=~.~' <"_?\~',~,,, ,*,~ "" -"-~ ~ ~"ll~ "'"...."" .