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HomeMy WebLinkAbout03-2189JAMES S. LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBIN VILLARREAL, NO. 03- 9/9? CIVIL TERM Defendant : CUSTODY NOTICE TO DEFENDANT YOU MAY TAKE THIS COMPLAINT TO A 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 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, Pease 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. JAMES S. LOVETT, vs. ROBIN VILLARREAL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- C,2(i7 CIVIL TERM Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is James S. Lovett, hereinafter referred to as the father, residing at 216 Second Street, Enola, Cumberland County, Pennsylvania. 2. The defendant is Robin Villarreal, hereinafter referred to as the mother, residing at 73 Runyon Court, Hummelstown, Dauphin County, Pennsylvania. 3. The plaintiff seeks custody of the following child: Name Present Residence Racheal Lovett 73 Runyon Court Hummelstown, Pennsylvania. The child, Racheal Lovett was born out of wedlock. Age 12/26/95 The child resides with the mother at 73 Runyon Court, Hummelstown, Dauphin County, Pennsylvania. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Robin Villarreal (mother) Patricia Villarreal (grandmother) Cosmo Villarreal (grandfather) Dominic Villarreal (uncle) Nico Villarreal (cousin) Address 73 Runyon Court Hummelstown, PA Date Aug. 2002 to present James S. Lovett Robin Villarreal 216 Second Street Dec. 1995 to Enola, PA Aug. 2002 The mother of the child is Robin Villarreal, residing at 73 Runyon Court, Hummelstown, Dauphin County, Pennsylvania. She is single. The father of the child is James S. Lovett, residing at 216 Second Street, Enola, Cumberland County, Pennsylvania. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with her daughter, her parents, her brother and nephew. 5. The relationship of defendant to the child is that of father. The defendant 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 another court. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The father believes that it is in the child's best interest to have a regular schedule of custody with both parents. WHEREFORE, the plaintiff requests that this Court grant him shared legal custody and liberal periods of physical custody and any other relief that is just and proper. Respectfully submitted, (?, C, "' ' "" /, s J Carey, Attornor Plaintiff Mid Penn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, James S. Lovett, verifies that the statements made in the above complaint For custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: `T2yJO3 ames s Lovett James S. Lovett, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania vs. No. 03-0? ID' Civil Term Robin Villarreal, Defendant : Custody PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, James Lovett, Plaintiff, to proceed in forma au eris. I, Joan Carey, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. j 0 an Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 James S. Lovett, : In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs. No. 03- a Civil Term Robin Villarreal, Defendant : Custody CUSTODY ORDER ?`7 Z AND NOW, this day of Almik 2003, the following Order is entered by consent of the parties with regard to custody of the parties' child, Racheal Lovett, DOB: 12/26/95. 1. The plaintiff, James S. Lovett, hereinafter referred to as the father and the defendant, Robin Villarreal, hereinafter referred to as the mother, shall share legal custody. 2. Physical custody shall be as follows: a. During the school year, the father shall have the child from Friday after school through Monday morning three out of every four weekends and at other times to be mutually agreed. b. During the summer, the mother and the father shall share custody with each parent having the child for alternating four-day blocks of time. c. The parties shall share holidays at times to be mutually agreed. 3. Neither party shall do anything which may estrange the child from the other parent, 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 or respect for the other parent. By the Court, , Judge .fylfi.7 Al ?j ?i Ir ? r This Order is entered pursuant to the consent of Plain ' Defend t: ames S. Lovett, Plaintiff obin Villarreal, Defendant Pro Se J an Carey, Attorney Bob laintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 a A_. s, COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND Mol On this, the ? day of , 2003, before, the undersigned officer, appeared JAMES S. LOVETT, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Public NOTARIAL SEAL ewe W fro. C??Cow Am 15, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: On this, the (p?rda of ??? yni, 2003, before, the undersigned officer, appeared ROBIN VILLARREAL, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Public NOTARIAL SEAL CAii 1, Notary ft6k MOM R. C3* W 8n. Cftft?d Cow &On JUN 15, 1. ..,. - ?1?7 n ,?s h ? -? ?? T --rti -_ .- ?1.., ?.... :?C) -?? .? ?? JAMES LOVETT, : IN THE COURT OF COMMON PLEAS OF Plaintifif/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 43 -c2l al ROBIN VILLARREAL, : CIVIL ACTION EMERGENCY PETITION FOR SPECIAL RELIEF TEMPORARY CUSTODY, ENFORCEMENT OF ORDER AND IN RE: CONTEMPT OF COURT ORDER AND NOW comes Petitioner James Lovett by and through his attorney Susan K. Pickford, Esq. and requests this court to grant Petitioner emergency special relief in the form of temporary custody pending hearing, enforcement of the current custody order and hold Respondent in contempt for willful violation thereof and sets forth the following in support: 1. On or about May 8, 2003, Defendant in the above action had filed a Complaint in Custody in Cumberland County regarding the parties' minor child Rachael Lovitt (DOB 12/26/95). 2. On May 12, 2003, a Custody Order was entered by Judge Wesley Oler of Cumberland County and remains the current Order of Court with regard to the minor child. (Attached hereto as Exhibit "B") 3. In October of 2005, the minor child was living with Defendant in Cumberland County and attending West Creek Hills Elementary School. 4. In October of 2005, the minor was taken from the custody of Defendant and placed in a private school in Philadelphia known as the Martin Luther School. Defendant was not given notice of this decision or in any way consulted. 5. The minor child has been in residence at the Martin Luther School in Philadelphia from October 2005 to present. The School has refused any information to Petitioner or contact with the child per Respondent's orders. 6. On or about August 30, 2006, Mother signed the minor child out of Martin Luther School and brought her to her residence where they live with Respondent's parents. 7. Respondent, Mother has refused to allow Petitioner Father to see the minor child since her return in violation of the current custody order. 8. Petitioner and Petitioner's attorney requested weekend visitation with the minor child. Respondent refused and fled with the child. 9. Respondent attempted to file a new custody action in Dauphin County falsely alleging that there were no other actions regarding custody of this child in any other jurisdiction. 10. During her testimony at a hearing on Preliminary Objections to her filing, Respondent indicated that she would be moving from her parents' home and refused to give the address where she will be living as she does not want Petitioner to see the minor child. 11. Respondent has in the past, and Petitioner believes she continues to, make damaging and disparaging remarks about the Petitioner to the minor child in at attempt to make her fear or hate him. During the hearing on Preliminary Objections Respondent continually called Petitioner a "monster" and "disgusting". 12. Petitioner fears that Respondent will flee the area with the minor child to places unknown and he will lose all contact with her. 13. Petitioner fears the unrelenting disparagement will severely damage his relationship with his daughter. 14. Petitioner seeks custody of the minor child pending hearing inasmuch as he has missed almost a year of her life and because he fears Respondent will abscond with the child before the hearing. 15. At a minimum, Petitioner seeks to exercise his custodial rights to see his child per the custody order. WHEREFORE, Petitioner in the above captioned action respectfully requests this Honorable Court to grant Petitioner special relief in the form of temporary custody pending hearing, enforcement of the current custody order requiring Respondent to permit ordered custodial periods and hold Respondent in contempt for willful violation thereof. Respectfully submitted, SUSAN K. PIC O SQ. 3344 Trindle Road Camp Hill, PA 17011 (717)612-1660 ID# 43093 ATTORNEY FOR Plaintiff/Petitioner Date: Septembeh, 2006 Verification I, James Lovett, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unworn falsification to authorities. Ames Love DATE: Septembe?9, 2006 James S. Lovett, Robin Villarreal, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania VS. No. 03- X4 Civil Term Defendant : Custody CUSTODY ORDER kz,l AND NOW, this 2 4- day of Ap4 2003, the following Order is entered by consent of the parties with regard to custody of the parties, child, Racheal Lovett, DOB: 12/26/95. 1. The plaintiff James S. Lovett, hereinafter referred to as the father and the defendant, Robin Villarreal, hereinafter referred to as the mother, shall share legal custody. 2. Physical custody shall be as follows: a. During the school year, the father shall have the child from Friday after school through Monday morning three out of every four weekends and at other times to be mutually agreed. b. During the summer, the mother and the father shall share custody with each parent having the child for alternating four-day blocks of time. c. The parties shall share holidays at times to be mutually agreed 3. Neither party shall do anything which may estrange the child from the other parent, 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 or respect for the other parent. . By the Co ?--? O Judge This Order is entered pursuant to the consent of P1 7.bin Defeo t: amen S. v Plaintiff Villarreal, Defendant Pro Se Carey, Attorney f laintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 a ?.. S. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: On this, the day of ' Apm, 2003, before, the undersigned officer, appeared JAMES S. LOVETT, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and 'acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Publi c NOTARIAL SEAL off mom 1yC+w?i?loa8 ,one 155, COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND On this, the day of Aril, 2003, before, the undersigned officer, appeared ROBIN VILLARREAL, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official.seal. . (SEAL) Notary Public momitma c+?rHri?a a??` Certificate of Service I, Susan K. Pickford, Esq., do hereby certify that a true and correct copy of the attached Petition for Special Relief was served upon the following on the date below and in the manner indicated. Robin Villarreal 72 Runyon Court Hummelstown, PA 17036 BY: Sus K. Pickford, Esq. Date: Septembe?I9, 2006 -Tl t ---d r1l ;z CA, 1 JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBIN VILLARREAL, : Defendant NO. 03-2189 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of October, 2006, upon consideration of Plaintiff's Emergency Petition for Special Relief, Temporary Custody, Enforcement of Order and In Re: Contempt of Court Order, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral for purposes of an expedited conference. BY THE COURT, ,8'usan K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Xobin Villarreal 72 Runyon Court Hummelstown, PA 17036 Defendant, pro Se J. J Court Administrator - lv?el eb&"? I 01-?6' led /Q-? :rc i Z : 1 I jr! 93 1.30 9001 -,Hl jo JAMES LOVETT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBIN VILLARREAL DEFENDANT 03-2189 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 31, 2006 , 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 Tuesday, November 21, 2006 at 9:00 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. 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 prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, 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 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 91 :Z s ,? -, £-- A ON 9?, 0'Z A J "H J w JAMES LOVETT VS. ROBIN VILLARREAL Defendant DEC 1 5 2006y/N' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 03-2189 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 17Z! day of ?> Cc 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom Number _I of the Cumberland County Courthouse on the 2M day of 2007, at at which time testimony will be taken. For purposes of the hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties, or a party pro se, shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. cc: Susan K. Pickford, Esquire - Counsel for Father Robin Villarreal - Mother ?P e4l: ? BY THE COURT, C it C- (}r- co _ _5 C F_SC- LL1 CJ Ll- 0 ? t C114 JAMES LOVETT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBIN VILLARREAL Defendant Prior Judge: J. Wesley Oler, Jr. 03-2189 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rachael Lovett December 26, 1995 Mother 2. A custody conciliation conference was initially scheduled for November 21, 2006. The Father, James Lovett, attended the conference with his counsel, Susan K. Pickford, Esquire. However, as it was determined that the Mother, Robin Villarreal, had not been served with the petition and notice of the conference, an additional conference was scheduled for December 11, 2006. 3. The Mother, who is not represented by counsel, contacted the conciliator prior to the December conference to advise that she feared for her safety in attending a conciliation conference at which the Father would be present and therefore would not be attending. The Mother also advised the conciliator that she had paperwork confirming that a prior investigation of the Father by Children and Youth Services resulted in an indicated report and a determination that the Father was prohibited from having any type of contact with the Child. The Mother believes that all matters related to the Child should be addressed through the Children and Youth services procedures, which have been repeatedly continued by the Father. 4. The Father filed this Petition for Special Relief and Contempt, which was referred to the conciliation process by the Court. Based upon the Mother's refusal to attend the conciliation conference, the confirmed involvement of Children and Youth Services in this matter, and the Father's representations at the initial conference, it will be necessary to schedule a hearing in this matter. In . . *? order to determine the best interests of the Child in this matter, it may be necessary for the Court to obtain information directly from Children and Youth Services by Court Order in light of confidentiality requirements. 5. The Father's position on custody is as follows: the Father stated that he has had no contact with the Child for over one year due to the Mother's refusal to allow the Father to see or speak with the Child. According to the Father, the Mother has alienated the Child from him and has violated the prior Order of this Court dated May 12, 2003 under which the Father had substantial periods of partial custody. The Father objected to the further involvement of Children and Youth Services in this matter and believes that the Mother is using the past investigation in her efforts to further alienate the Child. The Father also expressed concern that the Mother may leave the area with the Child and prevent him from all future contact and knowledge of her whereabouts. The Father believes it would be in the Child's best interest to re-establish regular on-going contact with the Father. 6. The Mother's position on custody is as follows: the Mother believes that the Child should not have any type of contact with the Father in light of the prior investigation by Children and Youth Services and the results of that investigation. The Mother stated that both she and the Child are afraid of the Father and that she would not feel secure attending a conference at which the Father is present. The Mother stated that she had paperwork signed by the Father confirming that the Father is not permitted to have any type of contact with the Child as part of the involvement of Children and Youth Services. The Mother requested that Children and Youth Services be involved in the custody proceedings to provide pertinent information to the Court (Denise Dunlop, case worker). 7. Based upon the representations of both parties and the prior involvement of Children and Youth Services in this matter, the conciliator submits an Order in the form as attached scheduling a hearing. It is expected that the hearing will require at least one-half day. Denise Dunlop of Children and Youth Services advised the conciliator that a Court Order will be necessary to secure testimony or records from the agency. It should be noted that the Father has requested an expedited hearing on the earliest date possible in light of his extended inability to have contact with the Child. a,&,6e4 f a. boob , C " "J? J, , Date Dawn S. Sunday, Esquire Custody Conciliator JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW IN CUSTODY ROBIN VILLARREAL, Defendant 03-2189 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 22nd day of March, 2007, upon consideration of Plaintiff's Emergency Petition for Special Relief, Temporary Custody, and Enforcement of Order, and In Re: Contempt of Court Order, and following a hearing at which the Plaintiff was present and was represented by Susan K. Pickford, Esquire, and at which the Defendant was present and represented herself, the record is declared closed, and the matter is taken under advisement. Plaintiff's counsel is requested to furnish to the Court a memorandum proposing a schedule on a temporary basis for counseling between the child and the Plaintiff. By the Court, J. esley Ol r., u an K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011-4453 For Plaintiff bin Villarreal 305 Cherry Street Hummelstown, PA 17036 Pro se Defendant ?" r?- c ' ?? ? ? ?? : ? , f._ -4 ? ? G= _' l.L c?.? yy?_? y" ?,:i?? 1 Q ? ?, ? N JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ROBIN VILLARREAL, : Defendant : NO. 03-2189 CIVIL TERM INTERIM ORDER OF COURT AND NOW, this 27th day of March, 2007, upon consideration of Plaintiff's Emergency Petition for Special Relief, Temporary Custody, and Enforcement of Order, and In Re: Contempt of Court Order, and following a hearing held on March 22, 2007, it is ordered and directed as follows with respect to the parties' child, Racheal Lovett (d.o.b. December 26, 1995): 1. Legal custody of the child shall be shared by the parties, each party shall be entitled to immediate access to all medical, residential, and educational records relating to the child, and the mother shall promptly execute and deliver to the father's counsel all necessary releases to effect this aspect of the order; 2. For the next two months, the father shall have periods of partial custody in the nature of family counseling sessions with the child beginning Friday, April 6, 2007, at 4:00 p.m., in the offices of Starobin & Blanc Counseling Services, 1017 Mumma Road, Wormleysburg, Pennsylvania, and continuing thereafter as recommended by the counselor; the expense of the counseling sessions shall be borne by the father; the mother shall be notified of further appointment dates and times when she picks the child up from each session; transportation of the child for purposes of the sessions shall be the responsibility of the mother; and the mother shall not interfere with or hinder the counseling process; )ILINV 1 0 VJ. 9Z OW LOOZ ,tr lvE' t Fr° t ! d ]Hi JO I? 3. The parties shall submit themselves and the child to a custody evaluation conducted by Arnold T. Shienvold, Ph.D, 2151 Linglestown Road, Harrisburg, PA, at Dr. Shienvold's earliest convenience, said evaluation to be paid for by the court and not to exceed $2,500.00 in cost; 4. The portion of the order dated March 22, 2007, declaring the record closed is vacated, and a further hearing will be held in this case on Monday, July 16, 2007, at 9:30 a.m.; and 5. In the event that either party fails to comply with this interim order, the court will, upon motion, schedule a prompt hearing prior to the July 16, 2007, hearing to deal with the alleged noncompliance. BY THE COURT, 161?1 // Jf esley OJO, Jr., J. J""san K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff /ICobin Villarreal 305 Cherry Street Hummelstown, PA 17036 Defendant, pro Se ,A_ cold T. Shienvold, Ph.D 2151 Linglestown Road, Harrisburg, PA 17110 c ?S J ??qo Cumberland County Court Administrator's Office - , ?bv r JAMES LOVETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 03-2189 ROBIN VILLARREAL, : CIVIL ACTION EMERGENCY PETITION FOR SPECIAL RELIEF ENFORCEMENT OF ORDER IN RE: CONTEMPT OF COURT ORDER AND NOW comes Petitioner James Lovett by and through his attorney Susan K. Pickford, Esq. and requests this court to grant Petitioner emergency special relief in the form of enforcement of the current custody order and hold Respondent in contempt for willful violation thereof and sets forth the following in support: 1. On or about March 22, 2007 a hearing was held on Petitioner's Emergency Petition for Special Relief. Respondent was present representing herself. 2. On or about March 28, 2007 this court issued a temporary order granting Petitioner periods of visitation to take place at family counseling beginning April 6th at 4:00 at the offices of Starobin and Blanc Counseling in Enola. Respondent was directed to produce the minor child for this and all future counseling sessions. 3. On April 6, 2007, Petitioner appeared for the designated counseling session and waited for his daughter to arrive. She was never produced. Petitioner did not receive a phone call or notification that she would not be attending. 4. Respondent called the Counseling office on Monday, April 9th to inquire when the next session was scheduled. She was told that it was scheduled for April 10th at 4:00. Respondent failed to produce the child for this session as well. 5. Respondent has violated the order of this court and Petitioner asks that she be held in contempt. WHEREFORE, Petitioner in the above captioned action respectfully requests this Honorable Court to grant Petitioner relief in the form of enforcement of the current custody order and hold Respondent in contempt for willful violation thereof and any other orders the court finds appropriate. Respectfully submitted, /"SUSAN K. PAFOlj ;ISQ. 3344 Trindle Road ?? Camp Hill, PA 17011 (717)612-1660 ID# 43093 ATTORNEY FOR Plaintiff/Petitioner Date: April 10, 2007 Verification I, James Lovett, verify that the statements made in this Petition 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. ames Lov DATE: April 10, 2007 t Certificate of Service I, Susan K. Pickford, Esq., do hereby certify that a true and correct copy of the attached Petition for Special Relief was served upon the following on the date below and in the manner indicated. Robin Villarreal 305 Cherry Street Hummelstown, PA 17036 (first class mail) Date: April 10, 2007 ?? ??= f ? . T ? ^Ct _ _ ,1_ ? N ?-? ",? . ?:?; ,?? ? .C f ? -'i _ 1 ? ? ?^ wC? ? ? JAMES LOVETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO.03- d-(?q ROBIN VILLARREAL, : CIVIL ACTION Defendant/Rspondant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow James Lovett, Plaintiff, to proceed in forma pauperis. I, Susan K. Pickford, Esq., attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am, at this time, providing free legal services to the party. Attorney for Petitioner 3344 Trindle Road Camp Hill, PA 17011 Y y t` j; C,3 C ? JAMES LOVETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO.03- o,( g ROBIN VILLARREAL, : CIVIL ACTION Defendant/Rspondant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting this action. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) James Lovett Address: 216 2°d Street, Enola, PA 17043 SS# 161-62-2306 (b) Employment: I am not currently employed. I am on Social Security Disability Income of $972 per month. I was previously a Tech Manager Last employed: January 2005 (c) I have had no other employment or income in the past 12 months. (d) I am single and live alone. No on else contributes to the household. (e) Property: Savings Account - @ $30.00 Checking - -0- Real Estate -0- Vehicle - 1997 Cavalier - cost $300.00 (f) Obligations Rent - $550.00/month (g) Persons dependant on me for support Daughter: Racheal Lovett 11 yrs old 12/26/95 I pay $30.00/week child support. 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit 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. Date: V// 7 --ex, ames Lovet r-11 C) cw: .:rt ti ?? JAMES LOVETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 03- a ( K I ROBIN VILLARREAL, CIVIL ACTION Defendant/Rspondant ORDER AND NOW this 2 day of April, 2007, having considered the Plaintiff's Petition to Proceed In Forma Pauperis, the petition is hereby J. i : r r^ f11..3tar $ ?J? ??.I''J ..1? ?V JAMES LOVETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS ROBIN VILLARREAL, NO. 03-2189 CIVIL ACTION ORDER AND NOW this day of , 2007 upon consideration of Plaintiff/Petitioner's Petition for Special Relief, this matter is set for hearing on the -222Z_day of , 2007 at//& g,m. in Courtroom 1. All other terms and conditions of the current custody order remain in full force and effect, Distribution: Susan K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 Robin Villarreal 305 Cherry Street Hummelstown, PA 17036 Court Administrator y-/7.a -7 no Cid -j i JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW IN CUSTODY ROBIN VILLARREAL, Defendant 03-2189 CIVIL TERM IN RE: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF, TEMPORARY CUSTODY, ENFORCEMENT OF COURT ORDER AND IN RE: CONTEMPT OF COURT ORDER OF COURT AND NOW, this 27th day of April, 2007, upon consideration of Plaintiff's Emergency Petition for Special Relief, Temporary Custody, Enforcement of Order, and In Re: Contempt of Court Order, and following a hearing on today's date at which the Defendant initially did not appear, was contacted by the Court, briefly appeared by telephone, and thereafter failed to appear, either by telephone or in person, for a continued proceeding in the afternoon as directed by the Court, the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the Order of Court dated March 27, 2007, and she is consequently adjudicated in contempt. Disposition is deferred until Friday, May 11, 2007, at 11:15 a.m., at which time and place the Defendant is directed to appear. The Order of Court dated March 27, 2007, is amended with respect to paragraph 2 to provide that the 4? l s t.51.... ...-,,.? I c ._.- n t d X Lil P L Q N l family counseling sessions referred to therein shall be with Pennsylvania Counseling Services, 4918 Locust Lane, Harrisburg, Pennsylvania, 17109, and that the first such session shall be held on May 7, 2007, at 4:00 p.m. The Defendant is ordered and directed to present the child at that time and place for the counseling session, and shall do so thereafter in accordance with the terms of the order of March 27, 2007. It is noted that at the time of hearing on today's date, Plaintiff presented testimony to the effect that he incurred expenses of $110.00 arising out of the failure of Plaintiff to present the child at a prior counseling session. The parties are directed to strictly abide by the Order of Court dated March 27, 2007. By the Court, Susan K. Pickford, 3344 Trindle Road Camp Hill, PA 170 For Plaintiff :mae Esquire Robin Villarreal 305 Cherry Street 11-4453 Hummelstown, PA 17036 Pro se Defendant JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW IN CUSTODY ROBIN VILLARREAL, Defendant 03-2189 CIVIL TERM IN RE: ORDER TO DISCLOSE INFORMATION ORDER OF COURT AND NOW, this 27th day of April, 2007, upon consideration of the Emergency Petition for Special Relief, Enforcement of Order and In Re: Contempt of Court Order filed in the above-captioned matter, and pursuant to a motion of Plaintiff's counsel, Susan K. Pickford, Esquire, Cumberland County Children and Youth Services is authorized and ordered to disclose information in this case regarding the present status of the parties' child, Racheal Lovett (date of birth, December 26, 1995.) By the Court, Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011-4453 For Plaintiff 30 - 6 -7 mae ?? L ?" Robin Villarreal 305 Cherry Street Hummelstown, PA 17036 Pro se Defendant - p ? ? > - rz; r= -- v :: M? S_. `? l ) ' `•D t : ` ?? { . ? l , ? i W ? ?.'e. ?„:..) ?? S.? `. J JAMES LOVETT, Plaintiff V. ROBIN VILLARREAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY No. 03-2189 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of May, 2007, the Defendant having been found in contempt of the order of court dated March 27, 2007, following a hearing held on April 27, 2007, and disposition having been scheduled for Friday, May 11, 2007, at 11:15 a.m., and a review of the file of Cumberland County Children and Youth Services relating to the subject of this proceeding, Racheal Lovett (d.o.b. December 26, 1995) being deemed by the court necessary for a proper decision as to disposition, Cumberland County Children and Youth Services is ordered to fiunish to the court's chambers for an in camera review its entire file relating to the said child by 3:00 p.m. on today's date. THIS ORDER is entered pursuant to 23 Pa. C.S. §6340(a)(5.1). BY THE COURT, ,/- ////"? 2? /Z J esley , Jr., J. idsay Dare Baird, Esq. Solicitor, Cumberland County Children and Youth Services Xusan K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011-4453 Counsel for Plaintiff ,,Aobin Vallarreal 305 Cherry Street Hummelstown, PA 17036 Pro Se ? I -G 14V ?-- A l! 14 IOOZ A ' 1 ' a:_ ear --Hi JO 6 JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ROBIN VILLARREAL, : Defendant : NO. 03-2189 CIVIL TERM IN RE: RECORDS OF CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES AND NOW, this I Vh day of May, 2007, a complete and a redacted copy of the file of Cumberland County Children and Youth Services relating to the child who is the subject of the above-captioned proceeding having been delivered for an in camera inspection by the undersigned judge in accordance with the order of court dated May 4, 2007, and the in camera inspection having been completed, and Defendant having represented at a hearing on May 11, 2007, at which she was sanctioned for contempt that she would thereafter comply with the terms of the order of court dated March 27, 2007, as amended, the aforesaid records are hereby returned to counsel for Cumberland County Children and Youth Services, Lindsay Dare Baird, Esq. BY THE COURT, J Wesley 64r, Jr., indsay Dare Baird, Esq. 37 South Hanover Street Carlisle, PA 17013 Attorney for CCCYS usan K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff a I'D 4 S :a ?;tt ?obin Villarreal 305 Cherry Street Hummelstown, PA 17036 Defendant, pro Se I _46 JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBIN VILLARREAL, Defendant 03-2189 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of May, 2007, upon consideration of the Emergency Petition for Special Relief, Enforcement of Order and In Re: Contempt of Court Order, and the Defendant having previously been adjudicated in contempt on April 27, 2007, of the Court Order dated March 27, 2007, and the Plaintiff now appearing in court with his counsel, Susan K. Pickford, Esquire, and Defendant appearing in court representing herself, the sanction of the Court is that the Defendant undergo imprisonment at the Cumberland County Prison for a period of one month. The condition of purge with respect to this sentence is that the Defendant hereafter, without fail, comply with the terms of the order of Court dated March 27, 2007, as thereafter amended and as amended hereafter in this order. The order of Court dated March 27, 2007, as previously amended is further amended to provide that the two-month time period provided for in paragraph two shall be deemed to have commenced on May 7, 2007. The said Order of Court is further amended to provide, in accordance with Defendant's representation that she will do so, that Defendant immediately contact Dr. Arnold Shienvold, and that she comply with any schedule with respect to custody evaluation that Dr. Shienvold establishes. F PP ?? Pere ? :, ?? ?? By the Court, /usan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011-4453 For the Plaintiff Cs L-XA, J. esley O1 Jr., J. obin Villarreal, Defendant Pro Se 305 Cherry Street Hummelstown, PA 17036 For the Defendant pcb In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. 2/9 Civil-W 0 a j Ado LJ Plalntl`'1` 1 CePo? Zyt 19G1UD?p/l S To Prothonotary 19 ?` Attorn for Plainti No. Term, 19 -- vs. PRAECIPE Filed 19 -_ Atty. r-? gn ?_ ? Urn r ?_ JAMES LOVETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 03-.21p9 ROBIN VILLARREAL, : CIVIL ACTION Defendant/ Respondant PETITION TO MODIFY ORDER AND NOW comes Petitioner James Lovett by and through his attorney Susan K. Pickford, Esq. and requests this court to modify the current custody order and sets forth the following in support: 1. On or about March 28, 2007 this court issued a temporary order granting Petitioner periods of visitation to take place at family counseling only pending a custody evaluation and outcome of counseling sessions. 2. Since the last court date on May 11, 2007, Respondant has been complying with the court's order to bring the minor child to counseling. There have been three sessions to date. Both arties have contacted Dr. Shienvold regarding the evaluation. 3. Just prior to the hearing on May 11, 2007, Petitioner became aware of a physical altercation between Respondant and the minor child that resulted in police involvement. 4. On or about May 24, 2007 in the evening, Petitioner received a phone call from Respondant asking him to talk to the minor child to calm her down. Respondant then asked Petitioner to pick the child up and it was decided that she could stay with Petitioner for the weekend. 5. On Tuesday the child was with Respondant and refused to go to school. 6. At Respondant's request and with her permission, Petitioner has picked up the minor child after school and kept her until school the next morning during the week for the past week. Petitioner and Respondant have decided to share the weekends at times mutually agreed upon. 7. Counsel for Petitioner placed a call to the counselor who is seeing Petitioner and the minor child. She confirms that minor child and father have attended all counseling sessions thus far. WHEREFORE, Petitioner in the above captioned action respectfully requests this Honorable Court to modify the current court order pending further hearing to allow Petitioner to have periods of partial custody outside of the counseling sessions by agreement of the parties. submitted, ?rUSAN K. PIC)CFOF 3400 Trindle Road Camp Hill, PA 17011 (717)612-1660 ID# 43093 ATTORNEY FOR Plaintiff/Petitioner Date: May 30, 2007 Verification I, James Lovett, verify that the statements made in this Petition 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. James Love 7k DATE: May 30, 2007 Certificate of Service 1, Susan K. Pickford, Esq., do hereby certify that a true and correct copy of the attached Petition for Special Relief was served upon the following on the date below and in the manner indicated. Robin Villarreal 305 Cherry Street Hummelstown, PA 17036 1St class mail Date: May 30, 2007 rv © ter. `' - rv CD M JAMES LOVETT, Plaintiff V. ROBIN VILLARREAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2189 CIVIL TERM ORDER OF COURT AND NOW, this I" day of June, 2007, upon consideration of Plaintiff's Petition To Modify Order, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral. BY THE COURT, Susan K. Pickford, Esq. 3400 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Robin Villarreal 305 Cherry Street Hummelstown, PA 17036 Defendant, pro Se J. /WVesley Oler, Jr.,y J. Court Administrator ?d dt' al o-2 lid/ :rc R z i ` i i v i- i Coot, A l?QN / -% "'-'d ?Nl d0 JAMES LOVETT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBIN VILLARREAL DEFENDANT 03-2189 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 06, 2007 , 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 Thursday, June 28, 2007 at 10:30 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. 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 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 Joll -f Mow * "n OAT ?L ]Hi jO `+ .1 1 OIL 2 3 2007, JAMES LOVETT VS. Plaintiff ROBIN VILLARREAL Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2189 CIVIL ACTION LAW IN CUSTODY JJ ORDER OF COURT 00 P M wwAluo?,rt??s Z`l?T, ?7 a? J ? ?, Zao7 1. A Hearing is scheduled in Courtroom number Z of the Cumberland County Courthouse on the F.j?k day of 42 f j?? , 2007, at which time testimony will be taken. For purposes of the Hearing, the Father, James Lovett, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties, or a party pro se, shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending the Hearing and further Order of Court, the parties shall share having custody of the Child on an alternating weekly basis, with the exchange to take place every Sunday. 3. In the event the Mother does not participate in the custody evaluation, the evaluator shall perform a parenting competency assessment and make recommendations to the Court with regard to the Father's ability to parent the Child. 4. The appropriate individuals with Children and Youth Services shall cooperate with Arnold Shienvold, Ph.D., the custody evaluator, by sharing findings of any investigation concerning the Child as soon as possible so that the findings can be included in the evaluation process. BY THE COURT, cc: usan K. Pickford, Esquire - Co sel for Father obm Villarreal - Mother ?? i=; c'> ' " z.?C := r C:?-- ?,;_ ?,?,,' ? ?- ?, w.? ???, ?--'" x ?--- ',? N JAMES LOVETT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBIN VILLARREAL Defendant Prior Judge: J. Wesley Oler, Jr. 03-2189 CIVIL ACTION LAW IN CUSTODY CONCILIATION REPORT AND ORDER IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rachael Lovett December 26, 1995 Mother 2. A custody conciliation conference was held on July 17, 2007, with the following individuals in attendance: the Father's counsel, Susan K. Pickford, Esquire. Neither of the parties attended the conference. 3. This Court most recently entered orders in this matter on March 28, 2007 and on May 11, 2007 under which the Father was permitted, for a two month period, to have periods of custody with the Child at counseling sessions pending a custody evaluation to be performed by Arnold Shienvold, Ph.D and the Mother was held in contempt for failure to make the Child available for the sessions. At the end of May 2007, the Mother contacted the Father requesting that he assume custody of the Child. According to the Father's counsel, the Father has had custody of the Child continuously with only occasional visits by the Mother. The conciliator confirmed with Dr. Shienvold that the Father initiated the custody evaluation in early July and is scheduled to continue. However, the Mother has not yet met with Dr. Shienvold and her initial session is scheduled for August 20, 2007. The Father has ensured that the Child meets with her counselor, Ruth Woodland of Pennsylvania Counseling Services, on an ongoing basis. The conciliator has been advised that the Child has made an allegation of abuse by a third party (not in the Father's household) which is expected to be the subject of an investigation by Children and Youth Services. 4. The Father filed a Petition to Modify the prior Order of this Court as the two month period of visitation has expired and the Father seeks an Order reflecting the current expansion of his custodial periods which occurred by agreement between the parties. Based on representations made by the Father's counsel at the conference, and subsequent discussions with the Court and the custody evaluator, the conciliator recommends an Order in the form as attached. l 0c) e(, Date Dawn S. Sunday, Esquire Custody Conciliator JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBIN VILLARREAL, Defendant/Respondent 03-2189 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of October, 2007, upon consideration of the issue of custody child in the above-captioned case and at which Defendant did not appear and with his counsel, and it appearing th. Shienvold has not yet been submitted, follows: with respect to the parties' following a brief proceeding at which Plaintiff appeared at the report of Dr. Arnold T. it is ordered and directed as 1. A further period of hearing is scheduled for Wednesday, November 28, 2007 at 9:30 a.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania;. 2. Pending further order of Court, neither party shall secrete the location of the child from the other party, neither party shall conceal his or her residential address from the other party, and neither party shall remove the child from the boundaries of Dauphin County-Cumberland County in Pennsylvania. Xusan K. Pickford, Esquire 3400 Trindle Road Camp Hill, PA 17011 For the Plaintiff/Petitioner ,,,?6bin Villarreal, Defendant/Respondent Pro Se 305 Cherry Street Hummelstown, PA 17036 pcb By the Court, ? © < ? 00 CCL- LLJ t.. ! ti 15- 4 o C= 0 a A JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBIN VILLARREAL, : Defendant : NO. 03-2189 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of November, 2007, upon consideration of custody of the parties' child, Racheal Lovett (D.O.B. December 26, 1995), and following a final period of hearing held on November 28, 2007, it is ordered and directed as follows: 1. The parties shall share legal custody of the child. 2. Primary physical custody of the child shall be in the father; 3. Temporary or partial physical custody of the child shall be in the mother at the following times: a. During the school year, on alternating weekends, from Friday at 5:00 p.m. until Sunday at 5:00 p.m.; b. During the summer, for one week out of every three from Friday at 5:00 p.m. until Friday at 5:00 p.m.; 4. Notwithstanding the foregoing, physical custody of the child on the following days shall be as follows: Thanksgiving Day: From after school on the Wednesday before Thanksgiving Day until 8:00 p.m. on Thanksgiving Day. (Even years - father; Odd years - mother) Christmas Day: From 8:00 a.m. on 12/24 until 11:00 (First Half) a.m. on 12/25. (Even years - mother, Odd years - father) Christmas Day: From 11:00 a.m. 12/25 until 8:00 p.m (Second Half) 12/26 (Even years - father, Odd years - mother) AJ no ?. c '? Mother's Day: From noon until 8:00 p.m. (Even years - mother, Odd years - mother) Father's Day: From noon until 8:00 p.m. (Even years - father, Odd years - father) 5. Both parties shall be afforded reasonable telephone contact with the child while in the other parent's custody and for said purposes each parent shall provide the other parent with his or her home phone number. 6. Neither party shall secrete the location of the child from the other party at any time. 7. Transportation for purposes of custody exchanges shall be the responsibility of the party yielding custody. 8. Nothing herein is intended to prohibit the parties from deviating from the terms of this order by mutual agreement in writing, 9. No other relief is granted to either parry on any outstanding petition or motion. BY THE COURT, J . usan K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Robin Villarreal 994 Clifton Hts. Road Hummelstown, PA 17036 Defendant, pro Se Uv r,-? esley Oler, I W/- J. JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW IN CUSTODY ROBIN VILLARREAL, Defendant 03-2189 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 28th day of November, 2007, upon consideration of the issue of custody with respect to the parties' child in the above-captioned matter, and following a period of hearing held most recently on this date, the record is declared closed, and the matter is taken under advisement. By the Court, J, Wesley 0 er, Jr., J. /usan K. Pickford, Esquire For Plaintiff /obin Villarreal 4 Clifton Heights Road Hummelstown, PA 17036 Defendant, pro se : mae 4 cr: `w C-3 G1 ;_ crl% 1 V - ? .^^ + ? \ 1 N.. I LL iz t fl- LL- Q c:z' Ci JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBIN VILLARREAL, : Defendant : NO. 03-2189 CIVIL TERM ORDER OF COURT AND NOW, this 9ch day of January, 2008, upon consideration of the attached invoice and report of Dr. Arnold T. Shienvold in the above-captioned matter, which are made part of the record, the Court Administrator is directed to pay the said invoice. The court wishes to express its appreciation to Dr. Shienvold for performing these services for a greatly reduced fee as a courtesy to the court. BY THE COURT, 7 t Wesley 016r Jr., J. a vF Court Administrator -?' //9/0 r/av Susan K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff co es M.%? I CAL Robin Villarreal 994 Clifton Hts. Road Hummelstown, PA 17036 Defendant, pro Se Arnold T. Shienvold, Ph.D. Riegler, Shienvold & Associates 2151 Linglestown Road Suite 200 Harrisburg, PA 17110 1116 /0* y / a a i .•t.c`?, 1?a k JAMES LOVETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 03-2189 ROBIN VILLARREAL, : CIVIL ACTION REQUEST FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT NOW COMES, Susan K. Pickford, Esq. attorney for Plaintiff in the above captioned matter and requests this Honorable court to grant leave to withdraw from representation in this case and represents the following in support thereof. 1. Counsel entered this case in June of 2006 understanding that Plaintiff had meager funds but also no right to appointed counsel at that time. Counsel continued representation pro bono when it became apparent that Plaintiff could not afford the fees. 2. On or about April 11, 2007 it became necessary to file In Forma Pauperis in order to file motions with the court as Plaintff was unable to pay fees or costs. 3. Plaintiffs case now involves the services of Cumberland County Children and Youth and Plaintiff is therefore qualified for a court appointed attorney to take over the case. 4. Counsel has fulfilled the services for which she was initially `hired' . 5. Counsel is not in a financial position to continue pro Bono where appointed counsel is available. 6. Notice has been sent to Plaintiff by regular mail and registered mail. 7. Plaintiff will not be prejudiced by counsel's withdraw as he is qualified for appointed counsel and counsel previously appointed for him is familiar with the case. There are no court dates pending. 8. Counsel for Defendant has been contacted and has no objection to the granting of this request to withdraw. WHEREFORE, for all the foregoing reasons, counsel for the Plaintiff respectfully requests this Honorable Court to grant leave to withdraw as counsel in the above captioned case. //-Z 310 If Susan K. 3400 Trindle Road" Camp Hill, PA 17011 717-612-1660 ID# 43093 JAMES LOVETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS ROBIN VILLARREAL, NO. 03-2189 CIVIL ACTION AFFIDAVIT OF SERVICE I, Susan K. Pickford, Esq., hereby certify that on this date I served a copy of the attached Request for Leave to Withdraw in the above captioned matters upon the individuals listed below by placing same in first class mail to the locations stated below: James Lovett 216 Second Street Enola, PA 17025 John Mangan, III 57 West Pomfret Street Carlisle, PA 17013 I hereby state that the above is a true and correct statement. Date: January 22, 2008 Respe tfully submitted usan K. Pickf d, Es 3400 Trindle Road Camp Hill, PA 17011 (717)612-1660 ID# 43093 hJ ?.....71 1 _ . ?= j 4 JAMES LOVETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 03-2189 ROBIN VILLARREAL, : CIVIL ACTION AMENDED REQUEST FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT NOW COMES, Susan K. Pickford, Esq. attorney for Plaintiff in the above captioned matter and requests this Honorable court to grant leave to withdraw from representation in this case and represents the following in support thereof 1. This matter has previously been before the Honorable Judge Wesley Oler. 2. Counsel entered this case in June of 2006 understanding that Plaintiff had meager funds but also no right to appointed counsel at that time. Counsel continued representation pro bono when it became apparent that Plaintiff could not afford the fees. 3. On or about April 11, 2007 it became necessary to file In Forma Pauperis in order to file motions with the court as Plaintff was unable to pay fees or costs. 4. Plaintiff's case now involves the services of Cumberland County Children and Youth and Plaintiff is therefore qualified for a court appointed attorney to take over the case. 5. Counsel has fulfilled the services for which she was initially `hired' . 6. Counsel is not in a financial position to continue pro bono where appointed counsel is available. 7. Notice has been sent to Plaintiff by regular mail and registered mail. 8. Plaintiff will not be prejudiced by counsel's withdraw as he is qualified for appointed counsel and counsel previously appointed for him is familiar with the case. There are no court dates pending. 9. Counsel for Defendant in the Children and Youth aspect of this case has been contacted and has no objection to the granting of this request to withdraw. f WHEREFORE, for all the foregoing reasons, counsel for the Plaintiff respectfully requests this Honorable Court to grant leave to withdraw as counsel in the above captioned case. Submitted fit Susan K. Pickford, Ez 3400 Trindle Road Camp Hill, PA 17011 717-612-1660 ID# 43093 r ?A;a C) ?rt t -13 y s JAMES LOVETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBIN VILLARREAL, : Defendant : NO. 03-2189 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of February, 2008, upon consideration of Susan K. Pickford's request for leave to withdraw as counsel for Plaintiff, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. /Susan K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff ? James Lovett 216 Second Street /Robin Enola, PA 17025 Villarreal 994 Clifton Hts. Road Hummelstown, PA 17036 Defendant, pro Se Courtesy Copy: ?ohn Mangan, III, Esq. 57 West Pomfret Street Carlisle, PA 17013 BY THE COURT, ) Z/, - &. J. esley Oler, ., J. ?op, ES' m?t Lqc( + a?a4o9 "-?q 0S •? 1,,J 6Z 03A BOR