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HomeMy WebLinkAbout01-04351KEVIN R. BARTLES 1N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-4351 CIVIL ACTION LAW SHALON L GHEEN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 30, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, November 19, 2001 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Melissa P. Greev~. Est 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 P ~.:~'~,,.~ ;~--~ ~~"~",tee ~~ ~ ,~®-~f:oi ~JI~,'~rt~l~Ses~ 4~~ __ ~`;d; .~ _.. _ ', ~I ~~i - n ~ 2 5 2U01~~ ~~ KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - LAW SHALON L. GREEN, (a.k.a. SHALON L. BLOSER,) NO. 01-4351 Defendant/Respondent IN. CUSTODY ORDER OF COURT AND NOW, 2001, 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 2001, 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-299-3166 KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY PENNSYLVANIA vs. SHALON L. OHEEN, (a.k.a. SHALON L. BLOSER,) Defendant/Respondent CIVIL ACTION - LAW NO. 01-4351 IN CUSTODY N O T I C E T O D E F E N 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. Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 290-6200 KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - LAW SHALON L. GHEEN, (a.k.a. SHALON L. BLOSER,) N0. 01-4351 Defendant/Respondent IN CUSTODY PETIT%ON TO MODIFY CUSTODY 1. Petitioner is Kevin R. Bartles, father of the child, Lazereth R. Bartles, residing at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondent is Shalon L. Gheen, a.k.a. Shalon L. Bloser, mother of the child, who's last known address is 428 Steelstown Road, Newville, Cumberland County, Pennsylvania, 17241. 3. The child, Lazereth R. Bartles, is four (4) years of age and presently resides with mother or father, who have shared physical custody, at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013, and 428 Steelstown Road, Newville, Cumberland County, Pennsylvania, 17241. 4. After an agreement reached during the Conciliation Conference, on September 04, 2001, Judge Bayley issued an Order Of Court awarding shared legal custody to the parties, and shared physical custody on a week on/week off basis between the parties. (A copy of the Court Order and the Custody Conciliation Summary Report are attached as Exhibit "A".) 5. Plaintiff/Petitioner seeks custody of the following child: Name Lazereth R. Bartles and Present Residence 109 Meals Drive Carlisle, PA 17013 428 Steelstown Road Newville, PA 17241 Age 4 years old 6. During the past five years, the child has resided with the following persons at the following addresses: Persons Addresses Date Kevin R. Bartles Shalon L. Gheen Kevin R. Bartles Shalon L. Gheen Kevin R. Bartles 2267 Newville Road Keith Bartles (Brother) Carlisle, PA 17013 3681 Enola Road Newville, PA 17241 Horsehoe Road Newville, PA 17241 From Birth to 4 months (May 1997) May 1997 to July 1999 August 1999 to August 2000 Shalon L. Gheen (Street address unknown)July 1999 to Walt (Last name unknown) Duncannon, PA 17020 Spring 2000 Shalon L. Gheen North Middelton Road Spring 2000 to Keith Bloser Carlisle, PA 17013 Fall 2000 Kevin R. Bartles Lucinda Raudabaugh (now known as Lucinda Bartles) Ashley Raudabaugh Ryan Raudabaugh 109 Meals Drive Carlisle, PA 17013 September 2000 to Present Shalon L. Gheen Keith Bloser 428 Steelstown Road Newville, PA 17241 Shalon L. Gheen 428 Steelstown Road Mike (Last name unknown) Newville, PA 17241 Shalon L. Gheen, 928 Steelstown Road a.k.a. Shalon L. Bloser Newville, PA 17241 Keith Bloser Fall 2000 to c. November 2000 c. November 2000 to Present Unknown date to Present 7. Defendant/Respondent lived with Keith Bloser from the Spring of 2000 until the fall of 2000. 8. Approximately September of 2000, Defendant/Respondent had a Protection From Abuse Order issued against Keith Bloser. 9. By Defendant/Respondent's own admission, Keith Bloser beat her in front of the minor child, Lazereth R. Bartles. 10. Defendant/Respondent has admitted that there were prior incidents of abuse by Keith Bloser before the incident leading to the Protection From Abuse Order. 11. Keith Bloser was found in contempt of the Protection From Abuse Order on one occasion, and possibly more. 12. As a result of the contempt charges, Keith Bloser spent approximately two (2) months in jail. 13. It is believed that Keith Bloser spent time in jail prior to the Protection From Abuse Order. Plaintiff/Petitioner does not know what those charges may have been. 14. Immediately after Defendant/Respondent filed for Protection From Abuse against Keith Bloser, Defendant/Respondent told Plaintiff/Petitioner that she was afraid for her life. 15. Because of Defendant/Respondent's fears, Plaintiff/Petitioner installed additional locks on Defendant/Respondent's home and began paying for telephone service for Defendant/Respondent. Previously, Defendant/Respondent did not have telephone service. 16. In September of 2001, the parties began a week on/week off custody arrangement. 17. Sometime in September of 2001, Defendant/Respondent told Plaintiff/Petitioner that she married Mike (last name unknown). 18. Sometime in September of 2001, Defendant/Respondent actually married Keith Bloser. 19. On September 23, 2001, Plaintiff/Petitioner and his fiancee (now his wife) read in the newspaper that 5halon L. Gheen had married Keith Bloser. 20. Plaintiff/Petitioner was fearful for the minor child's safety and mental and emotional well-being since Keith Bloser was reintroduced into the home. 21. Based on the foregoing facts, an Emergency Petition to Modify Custody was filed (without a request for conciliation) on September 25, 2001. 22. The Emergency Petition was denied without hearing on September 26, 2001. A copy of that Order is attached hereto as Exhibit "B." 23. Since that date, it has been learned that Mother and her husband, Keith Bloser, have separated. 29. On or about October 19, 2001, the police were called to Mother's home due to a fight that ensued between Mother and her husband. 25. Mother's landlord will testify that Mother was the aggressor during the argument and Keith Bloser walked away from Mother. 26. On the evening before the argument, Mother took the child to her mother's house in Dubois, Pennsylvania. 27. Since that date, Mother has not picked up the child or seen the child and she has called her mother only one time. 28. Mother has abandoned the child and the whereabouts of Mother are unknown. 29. On October 21, 2001, a custody exchange was to occur at Mother's home. Mother and the child were not present at the exchange point. 30. Mother did not notify Father of any schedule change or that the child was with her Mother. 30. Father and his wife spoke to Mother's mother that evening. Mother's mother indicated that the child was with her and arrangements were made for Father to pick up the child on October 22, 2001. 31. Because Father is fearful that Mother will abscond with the child, he does not intend to return the child to Mother at the next scheduled custody exchange. 31. Mother is no longer employed and is behind on her rent. Mother is unable to support herself and the minor child. 32. At the conciliation conference held in August, 2001, Mother expressed regret for her past behavior and vowed to provide a stable home for the child. Mother's living situation is once again unstable. 33. At the conciliation conference held in August, 2001, Mother recognized Father's concern that too many men were being introduced into the child's life and home. Mother disregarded Father's concerns by marrying Mr. Bloser and allowing him into the home again. 34. Mother has a history of making poor decisions and these decisions are beginning to have an impact on the child's emotional health. Mother's mother will attest to this. 35. Father is currently arranging for the child to begin counseling sessions with a child psychologist. 36. Father has recently married Lucinda Raudabaugh, now known as, Lucinda Bartles, and the two of them can provide a stable home for i the child and protect him from being influenced by Mother's poor choices. 37. The child prefer's to live with Father. 21. Plaintiff/Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 22. Plaintiff/Petitioner does not know of a 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. 23. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Mother has abandoned the child; b. the child's emotional and psychological health are being threatened by Mother's unpredictable behavior; c. both the Defendant/Mother and the minor child are in danger of being abused while in the presence of Keith Bloser; d. the child's emotional and psychological health are being threatened by the presence of Keith Bloser in mother's household; e. Father can provide a more stable living environment for the child; f. the child wishes to live with Father; g. Mother has lost her job and has not demonstrated her ability to care for both herself and the minor child. WHEREFORE, Petitioner respectfully requests this Court to grant joint legal and primary physical custody of the child, Lazereth R. Bartles to Plaintiff/Petitioner and periods of supervised visitation to Defendant/Respondent to ensure the minor child's physical, mental, and emotional well-being. Respectfully submitted, DISSINGER AND DISSINGER xaren L. xoenigsberg Attorney for Petition r Supreme Court ID # 85556 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 . r VERIFICATION I, Kevin R. Bartles, verify that the statements made in the foregoing Emergency Petition To Modify 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. ~/~^ .B,GY/1 Kevin R. Bartles, Plaintiff Petitioner ~ ~ ~ _ AUG 2 9 2~,8,1~/~ KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4351 SHALON L. GREEN, CIVIL ACTION -LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this ya. day of ~~'_, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: E 1. Legalal Custodv. The parties, Kevin R. Bartles and Shalon L. Gheen, shall have shared legal custody of the minor Child, Lazereth R. Bartles, born February 15, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to; all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information; that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent.. 2. Physical Custody. The parties shall have shared physical custody of the minor Child as follows: A. Father shall have custody from August 21, 2001, through August 26, 2001, at 6:00 p.m. Thereafter, the parties shall alternate custody on a week-on/week-off basis with the custodial exchanges taking place at 6:00 p,m. on Sundays, unless otherwise agreed. Therefore, Mother shall resume custody on Sunday August 26, 2001, followed by Father's next custodial week to commence September 2, 2001. 3. Transportation. The parties shall share transportation with the parent assuming custody providing transportation. 4. Holidays. The parties shall share holidays as they may agree. ,~ EXHIBIT $ nAn 1 No. 01-4351 5. The parents shall ensure that the child is seen by a pediatrician for screening for developmental delays and follow the appropriate steps as directed by the physician to have the Child further evaluated further as indicated. BY THE COURT, /s/ „ ~. ~,,.~.. J. Dist: Harold S. Irwin, III, Esquire, 35 E. High Street, Carlisle, PA 17013 Karen L. Koenisberg, Esquire, 28 N. 32n° Street, Camp HiII, PA 17011 ~~~~ a~r~~' `f r~'~3r? i,4~;~a3w°r ~~1 in T~.~s,!??sc:?y ~>'?:Pr~t, i ii~re ~l1iu wit ;;i~, i?.~r~ dntl tht~ ski Oi s2:1 (,`:?tr# at i;dris~„ i3d. This ~ C;3y of - 3vv i I PPOthOnGtilr KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 01-4351 SHALON L. GHEEN, CIVIL ACTION -LAW Defendant 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 - Lazereth R. Bartles February 15, 1997 2. A Custody Conciliation Conference was help individuals in attendance: the Father, Kevin R. Bartles, Esquire; the Mother, Shalon L. Gheen; Harold $. Irwin. Mother on August 11, 2001, with the following and his counsel, Karen L. Koehisberg, III. 3. The pasties reached an agreement in the form of an Order as attached. ~ d7 Date Melissa Peel Greevy, Esquire Custody Conciliator .;\ KEVIN R. BARTLES, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHALON L. GREEN, a/k/a SHALON L. BLOSER, DEFENDANT/RESPONDENT, 01-4351 CIVIL TERM ORDER OF COURT AND NOW, this ~--~i day of September, 2001, the petition of Kevin R. Bartles for an emergency order, IS DENIED without a hearing.' Mary A. Etter Dissinger, Esquire For Petitioner Harold S. Irwin, !!!, Esquire For Respondent :saa 'Since the mother just married Keith Bloser this month, she must be satisfied that whatever their difficulties had been in the past, she is not in danger now. The petition does not set forth any facts alleging that Lazereth R. Bartles, age four, has been subject to abuse by Keith Bloser. There is no emergency for which a hearing is warranted. Edgar B. Bayley, J. ' ', e KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : OF CUMBERLAND COUNTY PENNSYLVANIA vs . .. CIVIL ACTION - LAW SHALON L. GREEN, (a.k.a. SHALON L. BLOSER,) NO. 01-4351 Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Emergency Petition For Custody upon the attorney for Defendant, Shalon L. Gheen, also known as, Shalon L. Bloser, by certified, restricted mail, return receipt requested addressed as follows: Harold 5. Irwin, III, Esquire Hitner House Suites 201 and 202 35 East High Street Carlisle, PA 17013 Date: ~/ 3 ~~ ~._..' O ~ ~ ,,~~ C `` -.S~ O C1~ cw eS t) f} __ _._ ~~ •~ J ~ ' li '~~ `--! -- - ~~ -~ ~~ _: , " tl ~'i_ l .• -~ 1 t~ ,.~ KEVIN R. BARTLES, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHALON L. GHEEN, a/k/a SHALON L. BLOSER, DEFENDANT/RESPONDENT 01-4351 CIVIL TERM ORDER OF COURT AND NOW, this ~Z~o day of September, 2001, the petition of Kevin R. Bartles for an emergency order, IS DENIED without a hearing.' By Mary A. Etter Dissinger, Esquire For Petitioner Harold S. Irwin, III, Esquire For Respondent saa C~`t~~~ Edgar B. Bayley o~ s L q•'~ 'Since the motherjust married Keith Bloser this month, she must be satisfied that whatever their difficulties had been in the past, she is not in danger now. The petition does not set forth any facts alleging that Lazereth R. Bartles, age four, has been subject to abuse by Keith Bloser. There is no emergency for which a hearing is warranted. ~.[Pdfl, ~~~:~~idSRiPt~~} ~~_, `~P:fra'~~ClCi4n~(t „1 ~,~.~ r.~ •, .µ ,..~ • b ~~, t ~Ja ~~~ M1 ., )' KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - LAW 5HALON L. GHEEN, (a.k.a. SHALON L. BLOSER,) NO. 01-4351 Defendant/Respondent IN CUSTODY N O T I C E T O D E F E N 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. Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 290-6200 Karen L. Koenigsberg Attorney for Plaintiff 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, 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - LAW SHALON L. GHEEN, (a.k.a. SHALON L. BLO5ER,) NO. 01-4351 Defendant/Respondent IN CUSTODY EMERGENCY PETITION TO MODIFY CUSTODY 1. Petitioner is Kevin R. Bartles, father of the child, Lazereth R. Bartles, residing at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondent is 5halon L. Gheen, a.k.a. 5halon L. Bloser, mother of the child, who's last known address is 428 Steelstown Road, Newville, Cumberland County, Pennsylvania, 17241. 3. The child, Lazereth R. Bartles, is four (4) years of age and presently resides with mother or father, who have shared physical custody, at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013, and 428 Steelstown Road, Newville, Cumberland County, Pennsylvania, 17241. 4. On September 04, 2001, Judge Bayley issued an Order Of Court awarding shared legal custody to the parties, and shared physical custody on a week on/week off basis between the parties. 5 Name Plaintiff/Petitioner seeks custody of the following child: Lazereth R. Bartles and Present Residence 109 Meals Drive Carlisle, PA 17013 428 Steelstown Road Newville, PA 17241 Age 4 years old 6. During the past five years, the child has resided with the following persons at the following addresses: Persons Addresses Date Kevin R. Bartles Shalon L. Gheen Kevin R. Bartles Shalon L. Gheen Kevin R. Bartles 2267 Newville Road Keith Bartles (Brother) Carlisle, PA 17013 3681 Enola Road Newville, PA 17241 Horsehoe Road Newville, PA 17241 From Birth to 4 months (May 1997) May 1997 to July 1999 August 1999 to August 2000 Shalon L. Gheen (Street address unknown)July 1999 to Walt (Last name unknown) Duncannon, PA 17020 Spring 2000 Shalon L. Gheen North Middelton Road Spring 2000 to Keith Bloser Carlisle, PA 17013 Fall 2000 Kevin R. Bartles Lucinda Raudabaugh Ashley Raudabaugh Ryan Raudabaugh 109 Meals Drive Carlisle, PA 17013 September 2000 to Present Shalon L. Gheen Keith Bloser 428 Steelstown Road Newville, PA 17241 Shalon L. Gheen 428 Steelstown Road Mike (Last name unknown) Newville, PA 17241 Shalon L. Gheen, 428 Steelstown Road a.k.a. Shalon L. Bloser Newville, PA 17241 Keith Bloser Fall 2000 to c. November 2000 c. November 2000 to Present Unknown date to Present 7. Defendant/Respondent lived with Keith Bloser from the Spring of 2000 until the fall of 2000. 8. Approximately September of 2000, Defendant/Respondent had a Protection From Abuse Order issued against Keith Bloser. 9. By Defendant/Respondent's own admission, Keith Bloser beat her in front of the minor child, Lazereth R. Bartles. 10. Defendant/Respondent has admitted that there were prior incidents of abuse by Keith Bloser before the incident leading to the Protection From Abuse Order. 11. Keith Bloser was found in contempt of the Protection From Abuse Order on one occasion, and possibly more. 12. As a result of the contempt charges, Keith Bloser spent approximately two (2) months in jail. 13. It is believed that Keith Bloser spent time in jail prior to the Protection From Abuse Order. Plaintiff/Petitioner does not know what those charges may have been. lA. Immediately after Defendant/Respondent filed for Protection From Abuse against Keith Bloser, Defendant/Respondent told Plaintiff/Petitioner that she was afraid for her life. 15. Because of Defendant/Respondent's fears, Plaintiff/Petitioner installed additional locks on Defendant/Respondent's home and began paying for telephone service for Defendant/Respondent. Previously, Defendant/Respondent did not have telephone service. 16. In September of 2001, the parties began a week on/week off custody arrangement. 17. Sometime in September of 2001, Defendant/Respondent told Plaintiff/Petitioner that she married Mike (last name unknown). 1S. Sometime in September of 2001, Defendant/Respondent married Keith Bloser. 19. On September 23, 2001, Plaintiff/Petitioner and his fiancee read in the newspaper that Shalon L. Gheen had married Keith Bloser. i20. Plaintiff/Petitioner is fearful for the minor child's safety and mental and emotional well-being since Keith Bloser is once again residing in the home. 21. Plaintiff/Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 22. Plaintiff/Petitioner does not know of a 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. 23. The best interest and permanent welfare of the child will be served by granting the relief requested because both the Defendant/Mother and the minor child are in danger of being abused while in the presence of Keith Bloser, and the child's emotional and psychological health are being threatened by the presence of Keith Bloser in mother's household. WHEREFORE, Petitioner respectfully requests this Court to grant joint legal and primary physical custody of the child, Lazereth R. Bartles to Plaintiff/Petitioner and periods of supervised visitation to Defendant/Respondent to ensure the minor child's physical, mental, and emotional well-being. Respectfully submitted, AND DISSINGER BY ~ ~/l Q" `1 U~ fifi~iY~'OG""`', Mary A. Etter Dissinger Attorney for Petitioner Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Kevin R. Bartles, verify that the statements made in the foregoing Emergency Petition for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904, relating to unsworn falsification to authorities. Kevin R. Bartles, Plaintiff Petitioner KEVIN R. BARTLES, Plaintiff/Respondent vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW SHALON L. GHEEN, (a.k.a. SHALON L. BLOSER,) N0. 01-4351 Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Emergency Petition For Custody upon the attorney for Defendant, 5halon L. Gheen, also known as, Shalon L. Bloser, by certified, restricted mail, return receipt requested addressed as follows: Harold S. Irwin, III, Esquire Hitner House Suites 201 and 202 35 East High Street Carlisle, PA 17013 ~~ Date : ~~ G P~ _ _ GL., ~ Mary A °tter Diss ~~ ~~ ~ ~~ _,. -> C _ t ~a : cn n7~' ~_tj Vii; e.`~; _, ~,~5~ j ~ ~ v ~3 t ~) ~`~ ~~ , ~C' _. - ~} ~~ it: ,.a. ,Rnvrvee~ srttsxaxan~m~vr«m~r ux'.`^a,.,:..x, .~ ., _.,.. +,eha-xk+~ a~a-essn,MAC~a a, i.,.=+_~,rm:5~a~'!s~fi?~ KEVIN R. BARTLES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHALON L. GREEN DEFENDANT • 01-4351 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Mouday, July 23, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 214 Seuate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, August 21, 2001 at 9:00 a.m. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 dv'ects 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/ Melissa P. Greev~, Esc~.~1 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 Associafion 2 Liberty Avenue Carlisle, Pennsylvania ].7013 Telephone (717) 249-3166 ~ ~ "'mo'd lO•~~-C, ~ r" y;' ~ ,~ rJ~ egycr:r _.: . ~: ~,-r ;1F~e~xi.,~. +wr~%w?5a.~s7]F^ar! KEVIN R. BARTLES, Plaintiff vs. SHALON L. GREEN, Defendant the and the IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY No. OI-x/35/ e ~~~1 ORDER OF COURT AND NOW,! 2001, upon consideration of attached complaint, it is hereby directed that the parties their respective counsel appear before conciliator, at on the day of , 2001, 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 KEVIN R. BARTLES, Plaintiff vs. SHALON L. GHEEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. d/-was/ N O T I C E T O D E F E N 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 5ET 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, Esquire Attorney for Plaintiff KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY SHALON L. GREEN, Defendant N0. O1- N351 COMPLAINT FOR CUSTODY 1. Plaintiff is Kevin R. Bartles, residing at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Shalon L. Gheen, residing at 428 Steelstown Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff, Kevin R. Bartles seeks custody of the following child: Name Present Residence Age Lazereth R. Bartles 428 Steelstown Road Newville, PA 17241 4. The child was born out of wedlock. 4 years 5. The child, Lazereth R. Bartles, is presently in the custody of Shalon L. Gheen who resides at 428 Steelstown Road, Newville, Cumberland County, Pennsylvania, 17291. 6. During the past five years, the child has resided with the following persons at the following addresses: Persons Addresses Date Kevin R. Bartles 3681 Enola Road From Birth to 4 Shalon L. Gheen Newville, PA 17241 months (May 1997) Kevin R. Bartles Shalon L. Gheen Horsehoe Road Newville, PA 17241 May 1997 to July 1999 Kevin R. Bartles Keith Bartles (Brother) 2267 Newville Road Carlisle, PA 17013 August 1999 to August 2000 Shalon L. Gheen (Street address unknown)July 1999 to Walt (Last name unknown) Duncannon, PA 17020 Spring 2000 Shalon L. Gheen North Middelton Road Spring 2000 to Keith Bloser Carlisle, PA 17013 Fall 2000 Kevin R. Bartles Lucinda Raudabaugh Ashley Raudabaugh Ryan Raudabaugh 109 Meals Drive Carlisle, PA 17013 September 2000 to Present Shalon L. Gheen Keith Bloser 428 Steelstown Road Newville, PA 17241 Shalon L. Gheen 428 Steelstown Road Mike (Last name unknown) Newville, PA 17241 Fall 2000 to c. November 2000 c. November 2000 to Present 7. The mother of the child is Shalon L. Gheen who currently resides at 428 Steelstown Road, Newville, Cumberland County, Pennsylvania, 17241. 8. She is not married. 9. The father of the child is Kevin R. Bartles who currently resides at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 10. He is not married. 11. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with Lucinda Raudabaugh and her two (2) children. Plaintiff and Ms. Raudabaugh are to be married on October O5, 2001. 12. The relationship of Defendant to the child is that of Mother. The Defendant is believed to currently reside with Mike (last name unknown). 13. 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. 14. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 15. Plaintiff does not know of a 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. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Mother has been evicted for non-payment from the last several residences that she has had with the child. B. When Mother moves, she always changes school districts. C. Although the child is not in school now, he will be starting pre-school in the fall of 2001, and it is in his best interests to have one stable place from which to attend pre-school and ultimately kindergarten. D. Mother does not have a telephone but for the generosity of Father. Mother's telephone service has been disconnected and she cannot get a telephone installed by her local company, nor can she get a cellular telephone because of prior history of non- payment. Therefore, in order for her to have a telephone so that she may call in the event of an emergency involving the child, Father pays her telephone bill. Despite that, she screens her calls and for the last five (5) weeks has refused to return any calls of Father in an attempt to set-up and arrange visitation with his son. E. Father has seen the child on a regular basis until June 02, 2001. June 02, 2001 was the last time he saw the child when the Mother showed up one day late to pick-up the child, and since then she has refused to return any telephone calls or make arrangements for Plaintiff to see the child. F. The child is four and one-half (4 ~) years old, but he can only count to three, speaks poorly, and is only beginning to recognize his colors. The child is developmentally behind without any physiological or neurological reason, and Father is able to provide for his appropriate development. G. Father has a stable home and stable employment and wants to be the primary individual responsible for raising the child. 17. Each parent whose parental rights to the child have 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, Plaintiff requests the Court to grant primary legal and physical custody of the child, Lazereth R. Bartles, to Plaintiff, Kevin R. Bartles, with rights of temporary custody to Defendant, Shalon L. Gheen. Respectfully Submitted: DISSINGER and DISSINGER Mary A.' Etter Dissinger, Esquire Attorney for Plaintiff Supreme Court I.D. #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Kevin R. Bartles, 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. 7~' ,$a~~ Kevin R. Bartles, Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2001-04351 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARTLES KEVIN R VS GREEN SHAROL L DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon SHALON L the DEFENDANT at 1854:00 HOURS, on the 23rd day of July 2001 at 428 STEELSTOWN ROAD NEWVILLE, PA 17241 by handing to SHALON GREEN a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.45 Affidavit .00 Surcharge 10.00 .00 36.45 Sworn and Subscribed to before me/'this ~ ~' day of C~'.u-a.~..~P- 02 o-v / A . D . rothonotary 0 So Answers: ~~~ R. Thomas Kline 07/24/2001 DISSINGER & DISSINGER ~~~~ Q By . ~ _ Y~-x.~' ~- Deputy Sheriff n~~s ~~t' *xxu. ~ _ . _ - . _ _ _ ~-_:_ Huuaa~sd+3s~=Tn c.~sNreai ~- ,.~~an. w'v,,ua~a'vx ... ..,. AUK 2 g~p~ KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS OF ~~" Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4351 SHALON L. GHEEN, CIVIL ACTION -LAW Defendant CUSTODY RDER OF COURT AND NOW, this ~ day of , 2001, upon consideration of the attached Custody Conciliation Summary Repo , it is li reby ordered and directed as follows: 1. Legal Custody. The parties, Kevin R. B'artles and Shalon L. Gheen, shall have shared legal custody of the minor Child, Lazereth R. Bartles, born February 15, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parties shall have shared physical custody of the minor Child as follows: A. Father shall have custody from August 21, 2001, through August 26, 2001, at 6:00 p.m. Thereafter, the parties shall alternate custody on a week-on/week-off basis with the custodial exchanges taking place at 6:00 p.m. on Sundays, unless otherwise agreed. Therefore, Mother shall resume custody on Sunday August 26, 2001, followed by Father's next custodial week to commence September 2, 2001. 3. T~portation. The parties shall share transportation with the parent assuming custody providing transportation. 4. Holidays. The parties shall share holidays as they may agree. .~ No. 01-4351 5. The parents shall ensure that the child is seen by a pediatrician for screening for developmental delays and follow the appropriate steps as directed by the physician to have the Child further evaluated further as indicated. BY TH E Dist: Harold S. Irwin, III, Esquire, 35 E. High Street, Carlisle, PA 17013 (~,.~ Karen L. Koenisberg, Esquire, 28 N. 32"" Street, Camp HiII, PA 17011 / ~G.eL `t'-5"-0/ ~. ,, `~iiJ'vi~~.~,S~PJ=d ~iti~ir~~y ,~,,~~_,-~:;-~~,,,~ ~ ~ ~ ...: . - r~J . l l ". "~ ,.cr-r • ~v KEVIN R. BARTLES, vs. SHALON L. GHEEN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4351 CIVIL ACTION -LAW 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 Lazereth R. Bartles DATE OF BIRTH February 15, 1997 CURRENTLY IN CUSTODY OF Mother 2. A Custody Conciliation Conference was held on August 21, 2001, with the following individuals in attendance: the Father, Kevin R. Bartles, and his counsel, Karen L. Koenisberg, Esquire; the Mother, Shalon L. Gheen, Harold S. Irwin, III. 3. The parties reached an agreement in the form of an Order as attached. ~ b7 Date ` Melissa Peel Greevy, Esquire Custody Conciliator y4 ~~ ~~ nP@,'@iAR~1S~. ~'` $i1 E4 A'P-uYPA€,.. - 4~~RTdgG: R ~. SEC 0 5 2001 KEVIN R. BARTLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. SHALON L. GHEEN, Bayley, J. - Defendant NO.01-4351 CIVIL ACTION -LAW CUSTODY TEMPORARY ORDER OF COURT AND NOW, this (~ day of December, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Kevin R. Bartles and Shalon L. Gheen, shall have shared legal custody of the minor Child, Lazereth R. Bartles, born February 15, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custodv. Father shall have temporary primary physical custody. Mother shall have temporary partial custody which shall be arranged as follows: A. Effective November 21, 2001, each Wednesday from 8:00 a.m. until 4:30 p.m. B. For the weekends of November 23, 2001, and November 30, 2001, and alternating weekends effective December 14, 2001, from Friday at 8:00 a.m. until Sunday at 8:00 p.m. Mother's periods of weekend custody shall be exercised in the presence of the Maternal Grandmother. 3. Holidays. Mother shall have custody for Christmas 2001 from December 24th at 8:00 a.m. until December 25th at 2:00 p.m. 4. The parties shall cooperate in scheduling and participating in the developmental screening of the minor Child through the Capital Area Intermediate Unit which is presently schedu{ed to take place on January 7, 2002. Additionally, the parties shall participate as requested by the Child's therapist at Franco Associates. .gin No. 01-4351 - Givil Term. 5. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. The non-custodial parent shall be entitled to reasonable telephone contact once a day. 7. The parties shall refrain from discussion of the present custodial arrangement or any potential to change the custodial plan in the presence or earshot of the minor Child. 8. The parties shall keep each other informed of their present residential addresses and telephone numbers. 9. Mother shall be prohibited from the use of alcoholic beverages during any period of custody or visitation for no less than four hours preceding and including all periods of partial custody with the minor Child. 10. The Custody Conciliation Conference shall reconvene on Tuesday, February 5, 2002, at 11:00 a.m., at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 214 Senate Avenue, Suite 105, Camp Hill, PA 17011. At that time, the parties will be expected to provide with the Conciliator a report from the Child's therapist and the results, i they are available, of the Child's developmental screening performed by the Intermediate Unit. 11. The parties reached this agreement in contemplation of it being temporary in nature and subject to revision and increas in non-supervised periods of custody for Mother. 12. The Cumberland County Court of Common Pleas, Carlisle, Pennsylvania, shat{ retain jurisdiction of this matter pending further Order of this Court. BY THE Edgar B. Dist: Karen L. Koenigsberg, Esquire, 28 N. 32"" Street, Camp Hill, PA 17011 ///~~ ~~ Joan Carey, Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013 / J J_'~._Q v KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. SHALON L. GHEEN, NO. 01-4351 CIVIL ACTION -LAW CUSTODY Defendant 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 Lazereth R. Bartles February 15, 1997 Father 2. A custody Conciliation conference was held on November 19, 2001 with the following individuals in attendance: the Father, Kevin R. Bartles and his counsel, Karen Koenigsberg, Esquire; the Mother, Shalon L. Gheen and her counsel, Joan Carey, Esquire. 3. The parties reached an agreement as to a Temporary Order in the form as attached. ~ 3~U Date `~ Melissa eel Greevy, Esquire Custody Conciliator ~S ~~ - ..a _... 4RUwnk~^n~rc ~ ,er]si~"~~+`re~ro`~m'it'Vm#P -. .,,_.. r s. ~ j KEVIN R. BARTLES, vs. SHALON L. GHEEN, Bayley, J. -- FED ~ 9 2002 IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-4351 CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT AND NOW, this '~ day of February, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. All previous Orders of this Court are hereby vacated. 2. Legal Custody. The parties, Kevin R. Bartles and Shalon L. Gheen, shall have shared legal custody of the minor Child, Lazereth R. Bartles, born February 15, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Father shall have primary physical custody. Mother shall have temporary partial custody which shall be arranged as follows: A. Effective February 6, 2002, each Wednesday from 8:00 a.m. until 6:00 p.m. B. Effective February 9, 2002, and February 10, 2002, alternating Saturdays and Sundays from 10:00 a.m. until 8:00 p.m. C. Other such times as the parties may agree. Mother's husband, Keith, shall not be present during any period of partial custody with the minor Child. Mother shall provide to Father her present residential address and telephone number, or the number where she plans to be during any given period of partial custody. She shall provide this information to Father before she leaves with custody of the Child. No. 01-4351 -- Civil Term 4. The parties shall share holidays in such a way as they may mutually agree. 5. .Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. The non-custodial parent shall be entitled to reasonable telephone contact once per day. 7. The parties shall refrain from discussion of the present custodial arrangement or any potential change to the custodial plan in the presence or earshot of the minor Child. 8. The parties shall keep each other informed of their present residential addresses and telephone numbers. 9. Mother shall be prohibited from the use of alcoholic beverages during any period of custody or visitation for no less than four hours preceding and including all periods of partial custody with the minor Child. 10. This Order may be modified upon agreement of the parties. In particular, it is contemplated that there may be need for modification upon changes in the parties' employment circumstances. In the event that either party desires that the Custody Conciliation Conference be reconvened within sixty days of the date of this Order, this request may be made directly to the Conciliator by counsel on behalf of their client. 11. The parties reached this agreement in contemplation on it being temporary in nature and subject to revision providing extended periods of partial custody to Mother as she demonstrates stabilized work and safe living arrangements over time. 12. The Cumberland County Court of Common Pleas, Carlisle, Pennsylvania, shall retain jurisdiction of this matter pending further Order of this Court. BY Edgar B. ~ayTey, ,i Dist: ~y~tter Dissinger, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 an Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 ~~ V d~~ o`--~ (~ ~.S ~~~~. r ,~ <,'~ ~" „ ~ ,,, , _ r;, :''-, - __.--® ea*z~Na++naz°,r.~=es:?„~ra ;xrasw±fiafi'- ..-^sA~kv~Rrfaw~rr .. KEVIN R. BARTLES, vs. SHALON L. GREEN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4351 CIVIL ACTION -LAW 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 Lazereth R. Bartles DATE OF BIRTH February 15, 1997 CURRENTLY IN CUSTODY OF Father 2. A Custody Conciliation Conference was held on February 5, 2002, with the following individuals in attendance: the Father, Kevin R. Bartles, and his counsel, Mary Etter Dissinger, Esquire; the Mother, Shalon L. Gheen, and her counsel, Joan Carey, Esquire. 3. The parties reached an agreement in the form of an Order as attached. o ~ ~Z Date Melissa Pee Greevy, Esquire Custody Conciliator ~- rs G'~/ ., ., ----..~. gplC$iJ3+S ISB?vR'a'iviY.Pr 6`?w^eikYi~yp ~+._. ". ~~ _ _i, KEVIN R. BARTLES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-4351 CIVIL ACTION LAW SHALON L. GHEEN (AKA SHALON L. BLOSSER) DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 21, 2002 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, Juue 25, 2002 at 8:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defmp and narrow the issues to be heard by the court, and to enter into a temporary arder. 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/ Melissa P Greev~, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 244-3166 ->:-~~; ~ ~ ~ ~~ • ;7 ,. v'J '~{ 1 \~ YL, ~ ~ ~ "'. 1 „_ ~ ~~ ~~.s ~~ ~~~ ~~ ~~~ ., x.i. y`I55§tihe_fes~/e. YSa'&.~tl~~%9__ _ f'~2 _ i KEVIN R. BARTLE5, Plaintiff/Petitioner vs. 5HALON L. GHEEN, (a.k.a. SHALON L. BLOSSER,) Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW N0. 01-4351 IN CUSTODY ORDER OF COURT AND NOW, 2002, 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 2002, 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY . PENNSYLVANIA vs. CIVIL ACTION - LAW SHALON L. GREEN, (a.k.a. SHALON L. BLOSSER,) ~ NO. 01-4351 Defendant/Respondent IN CUSTODY N O T% C E T O D E F E N 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. Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 nary tic r~LLer uissinge Attorney for Plaintiff 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, 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 KEVIN R. BARTLES, Plaintiff/Petitioner vs. SHALON L. GREEN, (a.k.a. SHALON L. BLOSSER,) Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4351 IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Kevin R. Bartles, father of the child, Lazereth R. Bartles, residing at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondent is Shalon L. Gheen, a.k.a. Shalon L. Blosser, mother of the child, who's last known to have resided in Reynoldsville, Pennsylvania in the Jefferson County Housing Development. 3. The child, Lazereth R. Bartles (Date of Birth: February 15, 1997), is five (5) years of age and presently resides with father at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013 4. On September 04, 2001, Judge Bayley issued an Order Of Court awarding shared legal custody to the parties, and shared physical custody on a week on/week off basis between the parties. 5. On December 11, 2001, a Temporary Order of Court was entered by agreement of the parties which granted Father primary physical custody and granted Mother visitation on Wednesdays and every other weekend provided that the weekend visit was exercised in the presence of the maternal Grandmother. 6. On February 20, 2002, an Order of Court was issued by agreement of the parties which granted Father primary physical custody and granted Mother visitation rights as follows: a. Every Wednesday from 8:00 a.m. until 6:00 p.m., and b. alternating Saturdays from 10:00 a.m. until 8:00 p.m. 7. The February 20, 2002 Order also provided that Mother shall not use alcoholic beverages during her visitation period or for four (4) hours prior to her visitation period. S. Plaintiff/Petitioner seeks custody of the following child: Name Present Residence Age Lazereth R. Bartles 109 Meals Drive 5 years old Carlisle, PA 17013 9. During the past five years, the child has resided with the following persons at the following addresses: Persons Addresses Date Kevin R. Bartles 5halon L. Gheen Kevin R. Bartles 5halon L. Gheen 3681 Enola Road Newville, PA 17241 Horsehoe Road Newville, PA 17241 From Birth to 4 months (May 1997) May 1997 to July 1999 Kevin R. Bartles 2267 Newville Road August 1999 to Keith Bartles (Brother) Carlisle, PA 17013 August 2000 Shalon L. Gheen (Street address unknown)July 1999 to Walt (Last name unknown) Duncannon, PA 17020 Spring 2000 Shalon L. Gheen North Middelton Road Spring 2000 to Keith Bloser Carlisle, PA 17013 Fall 2000 Kevin R. Bartles .109 Meals Drive September 2000 Lucinda Raudabaugh Carlisle, PA 17013 to Present Ashley Raudabaugh Ryan Raudabaugh Shalon L. Gheen Keith Blosser 428 Steelstown Road Newville, PA 17241 Fall 2000 to c. November 2000 Shalon L. Gheen 428 Steelstown Road Mike (Last name unknown) Newville, PA 17241 Shalon L. Gheen, 428 Steelstown Road a.k.a. Shalon L. Blosser Newville, PA 17241 Keith Bloser c. November 2000 to Present Summer 2001 10. Since the entry of the last custody order, Defendant/Respondent has been arrested and is currently in the Cumberland County Prison. 11. It is expected that the Defendant/Respondent will be incarcerated for several months in Cumberland County. 12. There is believed to be an outstanding criminal charges against Defendant/Respondent in York County as well. 13. Defendant/Respondent's criminal charges are alcohol related. 14. On May 04, 2002, when Defendant/Respondent showed up at Plaintiff/Petitioner's home to pick up the child, she was under the influence of alcohol and expected to take the child with her in her car. 21. Plaintiff/Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 22. Plaintiff/Petitioner does not know of a 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. 23. The best interest and permanent welfare of the child will be served by granting the relief requested because Mother is incarcerated and cannot continue the scheduled visitation; because Mother's continued and uncontrollable use of alcohol places the child in danger during Mother's periods of visitation; and because Father is able to provide a stable and loving home where he will ensure the minor child's physical, mental, and emotional well- being. WHEREFORE, Plaintiff/Petitioner respectfully requests this Court to grant primary physical custody of the child, Lazereth R. Bartles, to Plaintiff/Petitioner and to grant periods of supervised visitation to Defendant/Respondent. Respectfully submitted, DISSINGER AND DISSINGER By: Mary A.'Etter Dissinger Attorney for Petitioner Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Kevin R. Bartles, verify that the statements made in the foregoing Emergency Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.5. X4904, relating to unsworn falsification to authorities. ~~ ~.A s~s~~. Kevin R. Bartles, Plaintiff/Petitioner KEVSN R. BARTLES, Plaintiff/Respondent vs. SHALON L. GHEEN, (a.k.a. SHALON L. BLOS5ER,) Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4351 IN CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Petition For Custody upon the attorney for Defendant, Shalon L. Ghee-n, also known as, Shalon L. Blosser, and on Defendant, Shalon L. Gheen, also know as, Shalon L. Blosser, by First class United States mail, addressed as follows: Shalon L. Gheen also known as Shalon L. Blosser Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Joan Carey, Esquire Mid-Penn Legal Services 213 A Front Street Harrisburg, PA 17101 Date: ~ ~ 7 d ~~(~yc.L.,~ ~C~'(i'~-~~t~"`~~ Mary A. Etter Dissinger ca c- ~ c r ~,~ . -- c.' < u W ~ rC' oj ~ ~f - `-~ _'_ ~ ~ ~ ~ ~. ~ ~ --,.,~. _. _rve~ms~m~a5r~.^~v~~, ~ ra+~e~_n. ;+nms~~W'b"k3'.`F+ ~ _. -. KEVIN R. BARTLES, Plaintiff/Respondent v. SHALON L. GHEEN, (a.k.a. SHALON L. BLOSSER) Defendant/Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO.O1-4351 CIVIL TERM :CUSTODY PETITION FOR MODIFICATION Respondent, Shalon L. Gheen, by and through her counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant, Shalon L. Gheen, formerly Shalon L. Blosser, hereinafter referred to as the mother, who currently resides at 1103 Grant Street, Reynoldsville, PA 15851. 2. Respondent is the above-named Plaintiff, Kevin R. Bartles, hereinafter referred to as the father, who resides at 109 Meals Drive, Carlisle, PA 17013. 3. The above-named parties are the natural parents of Lazereth R. Bartles, born February 15, 1997. 4. An Order of Court was entered on September 4, 2001, which granted the parties shared legal custody and shared physical custody on a week on/week off basis. 5. An Order of Court was entered on September 26, 2001, which denied Father's petition for an emergency order. 6. A Temporary Order of Court was entered on December 11, 2001, which granted Father temporary primary physical custody and granted Mother temporary partial custody every other weekend and on Wednesdays provided that the weekend custody was exercised in the presence of the maternal Grandmother. 7. An Order of Court was entered on February 20, 2002, which granted Father primary physical custody and granted Mother temporary partial custody as follows: a. Each Wednesday from 8:00 a.m. until 6 p.m. ,- _' b. Alternating Saturdays and Sundays from 10 a.m. until 8 p.m., and' _., c. Other such times as the parties may agree. 8. The February 20, 2002 Order also provided that the parties reached this agreement with the understanding that it was temporary in nature and subject to revision when Mother demonstrated stabilized work and safe living arrangements. Mother requests that the Court modify the Order to expand her custody and return the child to her primary care. A certified copy of this Order is attached. 9. The best interest and permanent welfare of the child will be served by granting the petition to modify the Order for reasons including the following: a) Mother was the primary caregiver of the child since his birth and until the Court Order of September 4, 2002, which granted her shared physical custody. b) The mother has established a stable and safe home for herself and her children in Reynoldsville, Pennsylvania. c) The mother gave birth to Sacade Gheen on June 27, 2002, and the child is thriving in her custody. d) Returning Lazereth to the mother for extended periods of custody will allow the child to spend more quality time with her and build a relationship with his new sibling, the maternal grandmother, and others in the family support system in Reynoldsville. e) The mother has accommodations for immediate expanded periods of custody of her son to include overnights, and the child has a strong emotional bond with his mother and wishes to return to her custody. f) The mother is attending counseling and complying with the recommendations of her counselor. WHEREFORE, the petitioner respectfully requests this Court to grant the following relief: a.) Expand the mother's custody rights and modify the Order of February 20, 2002 as follows: i.) Mother shall have primary physical custody of the child during the school year subject to partial custody in the father every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. ii.) During the summer, the parkies shall share custody on a week on/week off schedule. b.) Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Joan Carey Attorney for Defendant/ Petitioner MIDPENN LEGAL SERVICES 8 Irving Row Carlisle, PA 17013 t ;.K> VERIFICATION I, Joan Carey, Attorney for Defendant/Petitioner, Shalon Gheen, in the above-referenced case, verify that the statements made in the above PETITION are true and correct to the best of my knowledge. Petitioner resides outside the jurisdiction of the court, and her verification cannot be obtained within the time allowed for filing the petition. I am verifying the pleading based on information received through telephone conversations between MidPenn Legal Services staff and Petitioner. I understand that false statements herein are made subject to the penalties of 1$ Pa. C.S. X4904, relating to unsworn falsification to authorities. Date: 9'/ a~ Joan Carey, Attorney f Petitioner >-.tea. EE6 ~ ~ 200 KEVIN R. BARTLES, Plaintiff I'-J THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA vs. SIiALON L. GREEN, Bayley, J. -- Defendant NO. 01-4351 CIVIL ACTION -LAW CUSTODY ORdER OF COURT AND NOW, this .2Q day of February, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. All previous Orders of this Court are hereby vacated. 2. Legal Custody. The parties, Kevin R. Bartles and Shalon L. Gheen, shall have shared legal custody of the minor Child, Lazereth R. Bartles, born February 15, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make al{ major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Ph}~sical Custodv, Father shall have primary physical custody. Mother shall have temporary partial custody which shall be arranged as fiollows: A. Effective February 6, 2002, each Wednesday from 8:00 a.m. until 6:00 p.m. B. Effective February 9, 2002, and February 10, 2002, alternating Saturdays and Sundays from 10:00 a.m. until 8:00 p:m. C. Other such times as the parties may agree. Mother's husband, Keith, shall not be present during any period of partial custody with the minor Child. Mother.shall provide to Father her present residential address and telephone number, or the number where she plans to be during any given period of partial custody. She shall provide this inforration to Father before she leaves with custody of the Child. No. 01-4351 --Civil Term 4. The parties shall share holidays in such a way as they may rrtutually agree. 5. .Neither party shal{ do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. The non-custodial parent shall be entitled to reasonable telephone contact once per day. 7. The parties shall refrain from discussion of the present custodial arrangement or any potential change to the custodial plan in the presence or earshot.of the minor Child. 8. The parties shall keep each other informed of their present residential addresses and telephone numbers. 9. Mother shat{ be prohibited from the use of alcoholic beverage;> during any period of custody or visitation for no less than four hours preceding and including all periods of partial custody with the minor Child. 10: This Order may be modified upon agreement of the parties. In particular, it is contemplated that there may be need for modification upon changes in the parties' employment circumstances. In the event that either party desires that the Custody Conciliation Conference be reconvened within sixty days of the date of this Order, this request may be made directly to the Conciliator by counsel on behalf of their client. 11. The parties reached this agreement in contemplation on it being temporary in nature and subject to revision providing extended periods of partial custody to Mother as she demonstrates stabilized work and safe living arrangements over time. 12. The Cumberland County Gourt of Common Pleas, Carlisle, Pennsylvania, shall retain jurisdiction of this matter pending further Order of this Court. '~`~°'fv ~:v'°5~ ~'~'~'~A ~~E~~h3~ In T'•stia-~~~ v~hai'%oP, I here unto set my hand gY THE COURT, endkha seal of s° d Court a~C~rlisle, pa. ~U,Q;X.I....... S Prothon®tary Edgar B. ayley, J, G Dist: Mary Etter Dissinger, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 C> ~3 O '~U° t, ~ ~ ~ -~ C ~--~- -~ ~'~ r ~ _ ~r~y ~ r.. ~:i G ~~ i, ~,~ f .J -[7 -C a ~ , J~~ 6 2002 KEVIN R. BARTLES, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4351 CIVIL TERM v. SHALON L. GHEEN (AKA SHALON L. BLO5SER), DefendantlPetitioner BAYLEY, J. --- CIVIL ACTION -LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this Zq~day of July, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Kevin R. Bartles and Shalon L. Gheen (Blosser), shall have shared- legal custody of the minor child, Lazereth R. Bartles, born February 15, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have primary physical custody. Mother shall have temporary partial custody which shall be arranged as follows: A. Effective July 26, 2002 on alternate weekends from Friday at 8:00 a.m. until Sunday at 8:00 p.m. However, once the school year begins, Mother's alternating custodial weekends shall run from Friday after school is dismissed until Sunday at 6:00 p.m. B. On Mother's custodial weekend, if school is not in service on a day adjacent to her weekend, Mother's custodial period may begin as early as Friday at 8:00 a.m. and may end as late as Monday at 6:00 p.m. if the child is not in school for an in-service day or holiday. In the event that Father is working on a day that school is out for an in-service day or minor holiday adjacent to his weekend, the parties may trade custodial weekends with makeup time allowed for Father's loss of his regular weekend. e~nr~~~,tsnin~~~ -~ .~ P r :r rP~ C,~ i, -r. 1~~"v~io;~~~, ,,,, ~. NO. 01-4351 CIVIL TERM C. August 9, 2002 at 8:00 a.m. through August 16, 2002 at 8:00 ,. p. m. ,,, . D. Mother may take Lazereth tq the event that Father has to work t~1at day have to work the first day of school, the p. together. The parties are to work out advance so that their discussions fake pt~ of the minor child. 3. H ias. A. Christmas. Christmas s Segment A and Segment B. Segment, a.m. until December 25tH at 2:00 p.m. S at 2:00 p.m. until December 27tH at 8:00 shall have Segment A and MotfPer shat years, Mother shall have Segment A a parties shall share the remaining ti consideration of their availabilityi and w~ ahool on the first day of school in In the event that Father does not ants may take Lazereth to school details of this arrangement in outside the presence or earshot alt be divided into two segments, shall be from December 24tH at 8:00 ~ment B shall be from December 25tH ~.m. In even numbered years, Father have Segment B. In odd numbered I Father shal- have Segment B. The of the Christmas school break in schedules. B. Thanksaivina. Th'anksgi ing shall be divided into two segments, ' Segment A and Segment B. -Segm nt A shall be from Wednesday before Thanksgiving at 4:00 p.m. un'tit the ridgy after Thanksgiving at 8:00 p.m. Segment B shall be from the Friday fter Thanksgiving at 8:00 p.m. until the Monday following Thanksgiving at 6: p.m. In even numbered years, Mother shall have Segment A and Father s II have Segment B. In odd numbered years, Father shall have Segment A nd Mother shall have Segment B. In the event that the child is not out of sch 1 on the Monday following Thanksgiving, the re#urn time for Segment B of th Thanksgiving break shall be Sunday at 6:00 p.m. C. The parties shall alternate the following holidays: New Year's Day, Easter, Memorial Day, Independence Day and Labor Day. In odd numbered years, Father shall have New Year's Day, Memorial Day and Labor Day and Mother shall have Easter and Independence Day. In even numbered years, Father shall have Easter and Independence Day and Mother shall have New Year's Day, Memorial Day and Labor Day. The parties shall work out the details for the custodial time for these holidays. It shall be permissible for the parties to arrange for the custodial period to be from 6:00 p.m. the day before ~! the holiday until 6:00 p.m. the day of the holiday. The parties shall make i' arrangements for the child to see Independence Day fireworks with the parent having custody for that holiday. ,''~ i; NO. 01-4351 CIVIL TERM 4. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5. The parents shall not discuss the custody litigation or desired schedule modifications with the minor child. 6. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, the parties shall consume no alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 7. The non-custodial parent shall 6e entitled to reasonable telephone contact once per day. 8. The parties shall keep each other informed of their residential addresses and telephone numbers and promptly notify the other parent of any changes which may occur. 9. Mother's husband, Keith, shall not be present during any period of partial custody with the minor child. 10. The Custody Conciliation Conference shall reconvene on February 17, 2003 at 17:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, ^" A~f1A.f Dist: Mary A. Etter Dissinger, Esquire, 28 N. 32ntl Street, Camp Hill, PA 17011 Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 KEVIN R. BARTLES, Plaintiff/Respondent v. SHALON L. GHEEN (AKA SHALON L. BLOSSER), Defendant/Petitioner UuL ~, 6 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4351 CIVIL TERM 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 THE CUSTODY OF Lazereth R. Battles February 15, 1997. Father 2. A Custody Conciliation Conference was held on July 22, 2002. The conference was initially scheduled in response to Father's Petition to Modify Custody filed on May 17, 2002 alleging Mother's incarceration and alcohol use as his grounds for modification. Mother filed a Petition on July 17, 2002 seeking primary physical custody. This was the parties' fourth Conciliation Conference in eleven months. Present for the conference were the Father, Kevin R. Bartles, and his counsel, Mary A. Etter Dissinger, Esquire; the Mother, Shalon L. Gheen (Blosser), and her counsel, Joan Carey, Esquire and legal intern, Hannah Herman-Snyder. 3. The parties reached an agreement in the form of an Order as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator 160838 ,~ ,~ KEVIN R. BARTLES, Plaintiff/Respondent v. SHALON L. GHEEN (AKA SHALON L. BLOSSER), befendant/Petitioner BAYLEY, J. --- MAR `~ ~ 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4351 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this Z~° day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report, pending further Order of Court or an agreement of the parties, this Court's Order of July 29, 2002 is VACATED, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Kevin R. Bartles and Shalon L. Gheen (Blosser), shall have shared legal custody of the minor child, Lazereth R. Bartles, born February 15, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have primary physical custody. Mother shall have temporary partial custody which shall be arranged as follows: A. Effective July 26, 2002 on alternate weekends from Friday at 8:00 a,m. until Sunday at 8:00 p.m. However, once the school year begins, Mother's alternating custodial weekends shall run from Friday after school is dismissed until Sunday at 6:00 p.m. t~ NO.01-4351 CIVIL TERM B. On Mother's custodial weekend, if school is not in session on a day adjacent to her weekend, Mother's custodial period may begin as early as Friday at 8:00 a.m. and may end as late as Monday at 6:00 p.m. when the child is not in school for an in-service day or holiday. In the event that Father is working on a day that school is out for an in-service day or minor holiday adjacent to his weekend, the parties may trade custodial weekends with makeup time allowed for Father's loss of his regular weekend. C. Summer. Mother shall be entitled to one week of partial custody, to include her alternating weekend period of custody in the months of June 2003, July 2003 and August 2003. Mother's week of custody during the month of June shall occur after school is dismissed for the academic year. Mother shall provide Father notice of her intended vacation periods by May 15, 2003. During the summer school recess, Mother's alternating custodial weekend schedule will continue. Additionally, Mother shall have such additional periods of partial custody as the parties may agree. 3. Holida s. A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24tH at 8:00 a.m. until December 25tH at 2:00 p.m. Segment B shall be from December 25tH at 2:00 p.m. until December 27tH at 8:00 p.m. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. The parties shalt share the remaining time of the Christmas school break in consideration of their availability and work schedules. B. Thanksgiving. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from Wednesday before Thanksgiving at 4:00 p.m. until the Friday after Thanksgiving at 8:00 p.m. Segment B shall be from the Friday after Thanksgiving at 8:00 p.m. until the Monday following Thanksgiving at 6:00 p.m. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. In the event that the child is not out of school on the Monday following Thanksgiving, the return time for Segment B of the Thanksgiving break shall be Sunday at 6:00 p.m. C. The parties shall alternate the following holidays: New Year's Day, Easter, Memorial Day, Independence Day and Labor Day. In odd numbered years, Father shall have New Year's Day, Memorial Day and Labor Day and Mother shall have Easter and Independence Day. In even numbered years, Father shall have Easter and Independence Day and Mother shall have New Year's Day, Memorial Day and Labor Day. The parties shall work out the r ~' NO.01-4351 CIVIL TERM details for the custodial time for these holidays. It shall be permissible for the parties to arrange for the custodial period to be from 6:00 p.m. the day before the holiday until 6:00 p.m. the day of the holiday. The parties shall make arrangements for the child to see Independence Day fireworks with the parent having custody for that holiday. 4. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5. The parents shall not discuss the custody litigation or desired schedule modifications with the minor child. 6. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, the parties shall consume no alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 7. The non-custodial parent shall be entitled to reasonable telephone contact once per day. 8. The parties shall keep each other informed of their residential addresses and telephone numbers and promptly notify the other parent of any changes which may occur. 9. Mother's husband, Keith, shall not be present during any period of partial custody with the minor child. 10. Hearing. A hearing is scheduled in Cou ~r~om Nu U r 2 of the Cumberland County Courthouse, before Judge Bayley, on the -~ day of , 2003, at 5~,•~l~' o'clock 9-~ .M., at which time testimony will be taken. or the purposes of hearing Mother's, the petitioning. party, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party 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. Dist: Mary A. Etter Dissinger, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 ~, a,~,_ ~ 3 Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 ~ ~~I--r-~ ~-~-~Qd !~" .,, m rzt <.~-- r;_ w ~, w -y .~,, f~,_, r~ ~.. - '~_ a~ .~ _~ ~~ i, ,,.. .. ~'?-q.,~r~. < , ,, :,.. ,_:.sr..a~ra¢u,"+,~,-lNr~mr rvx~ M3arc~k~?~;{i7 } KEVIN R. BARTLES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent v. SHALON L. GREEN (AKA SHALON L. BLOSSER), DefendanUPetitioner NO. 01-4351 CIVIL TERM 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 THE CUSTODY OF Lazereth R. Bartles February 15, 1997 Father 2. A Custody Conciliation Conference was held on March 5, 2003, with the following individuals in attendance: the Father, Kevin R. Bartles, and his counsel, Mary A. Etter Dissinger, Esquire; the Mother, Shalon L. Gheen (Blosser), and her counsel, Joan Carey, Esquire. 3. The conciliation was scheduled as a result of a plan made at the time of the parties' last conference on July 22, 2002. 4. Father's position in custody is as follows: Father believes that the child should remain in his primary custody and reports that Mother is not presently using the time available to her under the current Order of July 29, 2002. He has offered to provide additional custodial time with Mother for a week in June, a week in July and a week in August. Father is not comfortable with the week-to-week custodial arrangement because he believes that Mother, having been out of work for such a long period time, cannot provide adequate support for the child, has no transportation and too often cannot be found when he tries to be in communication with her. N0.01-4351 CIVIL TERM 5. Mother's position in custody is as follows: Mother continues to reside in Reynoldsville, Pennsylvania. She describes her home as a townhouse supported by governments subsidy. She reports that she has completed her chemical dependency treatment in November 2002 and, since January 27, 2003, has obtained full-time employment in the maintenance department of her apartment complex. She is not presently attending a twelve step program to maintain her sobriety. She reports that she does know how to access treatment should the need arise. She appears to have a very positive relationship with the counselor who had been involved in her previous care. She reports that she will continue to be on probation until August, 2003. Mother seeks primary custody during the school year and week-on /week-off during the summer. She reports that there is a school within walking distance of the home and that she will be able to use community resources for transportation to medical appointments. Mother does not expect to get her driver's license back before August, 2004. She walks to her job. Mother also has primary custody of her youngest child, Saccade. 6. The parties were able to reach a temporary agreement for a modification of the schedule to include additional time for Lazereth to spend with his Mother during the summer. However, the more over encompassing issue of whether it is in the best interest of the child to transfer back to the primary custody of Mother will require a one day hearing on Mother's Petition. Accordingly, an Interim Order is attached for the Court's approval pending an agreement of the parties or further Order of Court. Date Melissa Peel reevy, Esq ire Custody Conciliator :211265 s~ im e. ..s x~~..c ~=ia'sn„ ~ ~.rY=~ ._,°, a4~.;-d~~ .~Z~~,3rx"3 n.,z h ~'~a _ KEVIN R. BARTL ES, Plaintiff v. SHALON L. GREEN (AKA SHALON L. BLOSSER), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 01-4351 CIVIL TERM CUSTODY CUSTODY ORDER AND NOW, THIS ~~- day of a , 2 03 upon consideration of the consent of the parties, the following Order is entered regarding Lazareth R. Bartles, born February 15, 1997: 1. The defendant, Shalon L. Gheen, hereinafter referred to as the mother, and the Plaintiff, Kevin R. Bartles, hereinafter referred to as the father shall share legal custody. The mother and the father have an equal right, to be exercised jointly, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. §5309, the mother and the father shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The father shall have primary physical custody during the school year. 3. The mother shall have partial physical custody during the school year according to the following schedule: Alternate weekends from Friday after school is dismissed until Sunday at 6:00 p.m. If school is not in session for an in-service day or minor holiday on a day adjacent to the mother's weekend, her weekend may begin as early as Friday at 8:00 a.m. and may end as late as Monday at 6:00 p.m. In the event that the father is working on a day that school is out for an in- service day or minor holiday adjacent to his weekend, the mother and father may trade custodial weekends. `~ n .o 0 r ~ w~ ~ msr .~:. ' ~ n ~t_ v ~ ~~: }~; ]mac'; =r ~_' 4. The mother and the father share have shared physical custody during the summer according to the following alternating weekly schedule: Alternate weeks with the mother's week beginning from the Sunday before her regularly scheduled weekend and extending through the Sunday of her regularly scheduled alternating weekend. Transfer shall be at noon on Sundays unless the parties agree otherwise. 5. The mother and the father shall share the Christmas holiday according to the following schedule: Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24~' at 8:00 a.m. until December 25s` at 2:00 p.m. Segment B shall be from December 25a' at 2:00 p.m. until December 27`h at 8:00 p.m. In even numbered years the father shall have Segment A and the mother shall have Segment B. The mother and father shall share the remainder of the Christmas school break in consideration of their availability and work schedules. 6. The mother and the father shall share the Thanksgiving holiday according to the following schedule: Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from Wednesday before Thanksgiving at 4:00 p.m. until the Friday after Thanksgiving at 8:00 p.m. Segment B shall be from Friday after Thanksgiving at 8:00 p.m. until the Monday following Thanksgiving at 6:00 p.m. In even numbered years, the mother shall have Segment A and the father shall have Segment B. In odd numbered years, the father shall have Segment A and the mother shall have Segment B. In the event that the child is not out of school on the Monday following Thanksgiving, the return time for Segment B of the Thanksgiving break shall be Sunday at 6:00 p.m. 7. The mother and the father shall alternate the following holidays: New Year's Day, Easter, Memorial Day, Independence Day and Labor Day. In odd numbered years, the father shall have New Year's Day, Memorial Day and Labor Day and the mother shall have Easter and Independence Day. In the even numbered years, the father shall have Easter and Independence Day and the mother shall have New Year's Day, Memorial Day and Labor Day. The mother and father shall work out the details for these holidays. It shall be permissible for them to arrange for the custodial period to be from 6:00 p.m. the day before the holiday unti16:00 p.m. the day of the holiday. The mother and father shall make arrangements for the child to see Independence Day fireworks with the parent having custody for that holiday. 8. Neither parent shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 9. The mother and father shall not discuss the custody litigation or schedule modifications with the child. 10. For a period of twelve hours before and continuing throughout any period of custody, the parents shall consume no alcoholic beverages nor possess or use controlled substances whatsoever. The parents shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 11. The non-custodial parent shall be entitled to reasonable telephone contact once each day. 12. The parents shall keep each other informed of their residential addresses and telephone numbers and promptly notify the other parent of any changes which may occur. 13. The mother's husband Keith shall not be present during her periods of custody. 14. The mother and father may mutually agree to change the terms of this Order, but this Order remains in effect pending further Order of Court. ~., BY~CO ~~~ Edgar B. Bayley. Judge Mary A. Dissinger, Attorney for Plaintiff 28 N. 32"d Street Camp Hill, PA 17011 Joan Carey, Attorney for Defendant 8 Irvine Row Carlisle, PA 17013 If enter pursuant to consent of Plaintiff and Defendant: ~ ~ halon L. ,Defendant Kevin R. Bartles, Plaintiff oan Carey, Attorne or Defendant MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Mary A. Dissinger, Attorney fofJPlaintiff Dissinger &Dissinger 28 N. 32"d St. Camp Hill, PA 17011