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TAMMY J. SCARLETT,
Plaintiff
VS.
NORRIS SCARLETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3242 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this I S day of j u k , 1999, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The Mother, Tammy J. Scarlett, and the Father, Norris Scarlett,
shall have shared legal custody of Norris Scarlett, Jr., born April 28,
1994, and Justin Scarlett, born March 28, 1996. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health,
education and religion.
2. The parties shall share having physical custody of the Children in
accordance with the following schedule:
A. SCHOOL YEAR: During the school year, the Father shall have
primary physical custody of the Children, with the Mother
having partial physical custody every weekend from Friday
after school through Sunday at 7:00 p.m. The school year
custody schedule shall run from the first week of school
through the first Saturday after termination of the school
year.
B. SUMMER: During the summer of 1999, the Mother shall have
custody of the Children for the month of July, with the Father
having periods of custody on alternating weekends from Friday
after work through Sunday at 7:00 p.m. The Father shall have
custody of the Children during the month of August in 1999,
with the Mother having custody of the Children on alternating
weekends from Friday at 10:00 a.m. through Sunday at 7:00 p.m.
The parties shall share having custody of the Children in
future summers as arranged by agreement.
3. The parties shall share or alternate having custody of the
Children over holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 12:00 noon
through Christmas Day at 12:00 noon, and Segment B, which
shall run from Christmas Day at 12:00 noon through December 26
at 12:00 noon. The Fattier shall have custody of the Children
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during segment A in odd numbered years and during Segment B in
even numbered years. The Mother shall have custody of the
Children during Segment A in even numbered years and during
Segment B in odd numbered years. The parties shall equally
share having custody of the Children during the remainder of
the Christmas school break as arranged by agreement.
B. THANKSGIVING: The parties shall alternate having custody of
the Children over the Thanksgiving holiday from Thanksgiving
Day at 9:00 a.m. through the following Friday at 7:00 p.m.
The Mother shall have custody of the Children over
Thanksgiving in odd numbered years and the Father shall have
custody of the Children over Thanksgiving in even numbered
years.
C. EASTER: The Easter holiday shall be divided into Segment At
which shall run from the Saturday before Easter at 12:00 noon
through Easter Sunday at 12:00 noon, and Segment B, which
shall run from Easter Sunday at 12:00 noon through the
following Monday at 4:00 p.m. (unless the Children have school
on that Monday in which case the period of custody shall end
on Sunday evening). The Mother shall have custody of the
Children during Segment A in even numbered years and during
Segment B in odd numbered years. The Father shall have
custody of the Children during Segment A in odd numbered years
and during Segment B in even numbered years.
D. MOiY?RIS DAY/FATHER'S DAY: The Mother shall have custody of
the Children every year on Mother's Day from 9:00 a.m. until
7:00 p.m. The Father shall, have custody of the Children every
year on Father's Day from 9:00 a.m. until 7:00 p.m.
E. OTHER HOLIDAYS: The parties may share or alternate having
custody of the Children on other holidays, not otherwise
specified in this order, as arranged by agreement.
F. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
4. Both parties shall be entitled to have a period of vacation
custody with the Children each year for a period to include two consecutive
weekends, upon providing 30 days advance notice to the other party. The
party having custody under this provision shall provide to the other party
the address and telephone number where the Children can be reached during
the vacation period.
5. The non-custodial parent shall be entitled to have regular
telephone contact with the Children. The parties shall notify each other
promptly of any changes in his or her address and/or telephone number.
6. Each party shall provide the other party with reasonable notice if
any scheduled period of custody needs to be modified or canceled and a
make-up period of custody shall be offered within a reasonable time period.
7. Each party shall notify the other party as soon as possible of any
medical emergencies involving the Children.
8. Neither party shall do or say anything which may estrange the
Children from the other parent, injure the opinion of the children as to
the other parent, or hamper the free and natural development of the
Children's love and respect for the other parent.
9. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE COURT,
cc: Jan Terpening - for Mother u'
Norris Scarlett - Father - C- a 7
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,8 . ?
TAMMY J. SCARLEIT,
Plaintiff
Vs.
NORRIS SCARLETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3242 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 Children who are the
subjects of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Norris Scarlett, Jr. April 28, 1994 Mother/Father
Justin Scarlett March 28, 1996 Mother/Father
2. A Conciliation Conference was held on July 7, 1999, with the
following individuals in attendance: The Mother, Tararl J. Scarlett, with
her representative, Jan Terpening, and the Father, Norris Scarlett, who is
not represented by counsel.
3. The parties agreed to entry of an order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
t
Tammy J. Scarlett IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. 3a4a
NO. 99- CIVIL TERM
Norris Scarlett
Defendant : CUSTODY
ORDER OF CURT
AND NOW, upon consideration of the attached complaint, it is hereby, directed that the
parties and their respective counsel appear before . ti the conciliator, at ?au1 S4 . t
krK` "+ %n the Z day of .a 1999, at 4. m., fora re-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. Failure to appear at the conference may provide grounds for
entry of a temporary or permanent order.
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 OR (800) 990-9108
AMERICANS WITH DISABILITIES ACT QF 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 be made at least 72 hours prior to any
hearing or business before the court. You must attend the scheduled conference or hearing.
By the Court,
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Date c Custody fl Conciliator ato, r 1.-
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99 JUN 1 0 ' 5g
t,Gjlj,Y
PENNMIYVIA
? w%,/'fi r l fJ, lriz. ? "'S.
Tammy J. Scarlett IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99- CIVIL TERM
Norris Scarlett?a
Defendant CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Tammy J. Scarlett, residing at 11
Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania .
2. The defendant is Norris Scarlett, residing to the best
of Plaintiff's knowledge in Highspire, Dauphin County,
Pennsylvania.
3. The plaintiff seeks partial custody of the following
children:
Name Present Residence Age
Norris Scarlett Highspire, PA 5
Justin Scarlett Highspire, PA 3
The children were not born out of wedlock.
The children are presently in the custody of Norris
Scarlett, who resides to the best of Plaintiff's knowledge in
Highspire , Pennsylvania.
During the children's lifetime, they have resided with the
following persons and at the following addresses:
Name Address Persons lived with Date
Norris Scarlett Jr. 224 Reily St. Plaintiff and 1994 to
Harrisburg, Pa Defendant Jan.1996
Norris Scarlett Jr. Dunncanon Pa Plaintiff and Jan.1996 to
and Justin Scarlett Defendant Nov. 1996
Norris Scarlett Jr. Harrisburg,PA Plaintiff and Nov. 1996
and Justin Scarlett Defendant to June1997
Harrisburg, Pa Defendant
Norris Scarlett Jr. Dunncanon Pa Plaintiff and
and Justin Scarlett Defendant
Norris Scarlett Jr. Harrisburg,PA Plaintiff and
and Justin Scarlett Defendant
Norris Scarlett Jr. Harrisburg,PA Defendant
and Justin Scarlett
Norris Scarlett Jr. 155 Salem Plaintiff and
and Justin Scarlett,Church Rd. Defendant
Mechanicsburg,PA.
Norris Scarlett Jr. West Fairview, Defendant
and Justin Scarlett PA.
Jan. 1996
Jan.1996 to
Nov. 1996
Nov. 1996
to June1997
June 1997 to
Sept. 1998
Sept.1998
to Jan.1999
Jan. 1999 to
May 1, 1999
Norris Scarlett,Jr. Highspire, Defendant May 1, 1999
and Justin Scarlett PA. to Present
The mother of the children. is Tammy J. Scarlett, currently
residing at 11 Bayberry, Drive, Mechanicsburg, Pennsylvania.
She is married.
The father of the children is Norris Scarlett, currently
residing to the best of Plaintiff's knowledge in Highspire,
Pennsylvania.
He is married.
4. The relationship of plaintiff to the children is that of
mother.
The plaintiff currently is residing at 11 Bayberry Drive,
Mechanicsburg, Pennsylvania.
5. The relationship of defendant to the child is that of
father.
The defendant currently resides with the following persons:
Name
Relationship
Norris Scarlett, Jr. Son
Justin Scarlett Son
6. The plaintiff has not participated as a party or
witness, or in another capacity, in other litigation concerning
the custody of the child in this or another court.
7. The plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth
8. The 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.
9. The best interest and permanent welfare of the children
will be served by granting the relief requested for reasons
including the following:
a. The mother has been a part of her children's lives
since their births, and it is not in the
children's best interest to be separated from
their mother..
b. The mother can provide a nurturing environment for
them.
C. The father has not acted in the children's best
interests by denying the mother contact with them
since January 14, 1999, in ways including:
i. On several occasions when the mother
contacted the father asking to spend time
with the children, the father denied her all
contact.
ii. On two occasions in spring 1999, when
the mother's counsel contacted the father to
arrange for the mother to spend time with the
children he agreed, but when the mother came
to pick up the children at the maternal
grandmother's residence pursuant to
the agreement, the children were not there.
iii. When mother's counsel last contacted the
father in Spring of 1999, he agreed to shared
custody arrangement whereby the mother would
have the children every other month.
Pursuant to his request, mother's counsel
sent a consent agreement to the father for
his signature. As of the filing of the
complaint the father has not returned a
signed agreement nor contacted Legal
Services, Inc.
10. Each parent whose parental rights to the children have
not been terminated and the person who has physical custody of
the children have been named as parties to this action.
WHEREFORE, the plaintiff requests this Court to grant shared
physical custody of the children.
Respectfully submitted,
Joan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
DATE: c c 1?A O (U(W?
Tammy J.??,,, carlett
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LEGAL SERVICES, wtC '
8IRVINE ROW
CARLISLE; PENNSYLVANIA 17013
(!17)24&8900 >
Fax (717) 243.8020
" West Shoe (71717808476
1 :;. ShlpponsWig (717) 630.%W
Tammy J. Scarlett
Plaintiff
V.
Norris Scarlett
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3)Lta CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Tammy Scarlett , Plaintiff, to proceed in forma pauperis.
I, Joan Carey, attorney for the party proceeding in forma pauperis,
certify that I believe the party is unable to pay the costs and that I am
providing free legal services to the party. The party's affidavit showing
inability to pay the costs of litigation is attached hereto.
,_,loan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
B Irvine Row
Carlisle, PA 17013
(717) 243-9400
Tammy J. Scarlett
Plaintiff
v.
Norris Scarlett
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99%33. a CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE. TO PROCEED IN FORMA PAUPERIS
1. I am the plaintiff in the above matter and because of my financial
condition am unable to pay the fees and costs of prosecuting, defending, or
appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and
associates, to pay the costs of litigation.
3. 1 represent that the information below relating to my ability to pay
the fees and costs is true and correct.
(a) Name: Tammy J. Scarlett
Address: 11 Bayberry Drive
Mechanicsura. PA 17055
Social Security Number: 198-58-7517
(b) If you are presently employed, state
Employer: Currently unemployed
Address:
Salary or wages per month: 0
Type of work:
If you are presently unemployed, state
Date of last employment: April 1999
Salary or wages per month: $310.00/bi-weekly
7 Type of work: Appointment setter
(c) Other income within the past twelve months
Business or profession: N/A
Other self-employment: N/A
Interest:
Dividends: 0
Pension and annuities: 0
Social Security benefits:
Support payments: 0
Disability payments: 0
Unemployment compensation and
supplemental benefits: 0
Workman's compensation: 0
Public Assistance: March 25. 1999- $109.00/ bi-weekly (no longer
receives ).
Other: None
(d) Other contributions to household support
(Wife)(Husband) Name:
if your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash: o
Checking Account: 0
Savings Account: o
Certificates of Deposit: o
Real Estate (including home): None
Motor vehicle: Make Chrysler Lebaron Year 1985
Cost amount owed o
Stocks; bonds: o
(f) Debts and obligations
Rent:
Loans: None
Monthly Expenses: Personal expenses
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: Norris Sca_rlett Age: 5 years
Justin Scarlett 3 years
4. I understand that I have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to
unswom falsification to authorities.
Date: f 5
Tammy J. let, Plaintiff
Tammy J. Scarlett
Plaintiff
V.
Norris Scarlett
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the plaintiff in the above matter and because of my financial
condition am unable to pay the fees and costs of prosecuting, defending, or
appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and
associates, to pay the costs of litigation.
3. I represent that the information below relating to my ability to pay
the fees and costs is true and correct.
(a) Name: Tammy J. Scarlett
Address: 11 Bayberry Drive
Mechanicsura. PA 17055
Social Security Number: 198-58-7517
(b) If you are presently employed, state
Employer: Currently unemployed
Address:
Salary or wages per month: 0
Type of work:
If you are presently unemployed, state
Date of last employment: April 1999
Salary or wages per month: $310.00/bi-weekly
? Type of work: Appointment setter
(c) other income within the past twelve months
Business or profession: N/A
Other self-employment: N/A
Interest:
Dividends:
Pension and annuities: 0
Social Security benefits: 0
Support payments: o
Disability payments: 0
Unemployment compensation and
supplemental benefits: 0
Workman's compensation: 0
Public Assistance: March 25, 1999- $109.00/ bi-weekly (no longer_
receives ).
Other: None
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash: 0
Checking Account:
Savings Account: 0
Certificates of Deposit: 0
Real Estate (including home): None
Motor vehicle: Make Chrysler Lebaron Year 1985
Cost Amount owed 0
Stocks; bonds:
Other 0
(f) Debts and obligations
Mortgage: 0
Rent: 0
Loans: None
Monthly Expenses: Personal expenses
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: Norris Scarlett
Justin Scarlett
Age: 5 years
years
4. I understand that I have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to
unsworn falsification to authorities.
Date: o 'S Al
Tammy J. S fett, Plaintiff
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