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HomeMy WebLinkAbout01-4351KEVIN R. BARTLES, Plaintiff VS. SHALON L. GHEEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BARASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 Mary/A. Etter Dissinger, Esquire Attorney for Plaintiff KEVIN R. BARTLES, : Plaintiff : : vs. : : SHALON L. GHEEN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 01- q55-1 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. child: Name Lazereth R. 4. 5. Plaintiff, Kevin R. Bartles seeks custody of the following Present Residence Bartles 428 Steelstown Road Newville, PA 17241 The child was born out of wedlock. Age 4 years Persons Kevin R. Bartles Addresses 3681 Enola Road Date From Birth to 4 The child, Lazereth R. Bartles, is presently in the custody of Shalon L. Gheen who resides at 428 Steelstown Road, Newville, Cumberland County, Pennsylvania, 17241. 6. During. the past five years, the child has resided with the following persons at the following addresses: Shalon L. Gheen Newville, PA 17241 months(May 1997) Kevin R. Bartles Shalon L. Gheen Horsehoe Road May 1997 to Newville, PA 17241 July 1999 Kevin R. Bartles 2267 Newville Road Keith Bartles (Brother) 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 Keith Bloser North Middelton Road Carlisle, PA 17013 Spring 2000 to 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 Fall 2000 to c. November 2000 Shalon L. Gheen 428 Steelstown Road Mike (Last name unknown) Newville, PA 17241 7. The mother of the child is Shalon L. resides at 428 Steelstown Road, Newville, Pennsylvania, 17241. c. November 2000 to Present Gheen who currently Cumberland County, 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 05, 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. 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. 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. 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. The child is four and one-half (4 h) 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. Go 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 DISSIN~ER By: Mary A. Etter Dissinger, ~s~ire Attorney for Plaintiff Supreme Court I.D. #27736 28 North Thirty-second Street C~p 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. Kevin R. Bartles, Plaintiff KEVIN R. BARTLES PLAIN TI/~'F V. SHALON L. GHEEN DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4351 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, 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 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, August 21, 2001 at 9:00 a.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 he-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/ M¢lissa P. Greevy. Esq. /tt~ 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 SHERIFF'S RETURN - REGULAR CASE NO: 2001-04351 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARTLES KEVIN R VS GHEEN 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 GHEEN SHALON L the DEFENDANT , at 1854:00 HOURS, on the 23rd day of July at 428 STEELSTOWN ROAD , 2001 NEWVILLE, PA 17241 by handing to SHALON GHEEN 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 < ~f A.D. ~rotHonotary ~ So Answers: R. Thomas Kline 07/24/2001 DISSINGER & DISSINGER Deputy Sheriff KEVIN R. BARTLES, VS. SHALON L. GHEEN, Plaintiff Defendant IN THEE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4351 CIVIL ACTION - LAW CUSTODY ORDER OFCOURT AND NOW, this 1~-'-~ day of ~.[/~.~ ,2001, upon consideration of the attached Custody Conciliation Summary Report, it is h"ereby ordered and directed as follows: 1. 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. 2. Physical Custody. The parties shall have shared physical custody of the minor Child as follows: 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. Trans~)ortation. 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 T H~d F~'i", ~ J' 9-. KEVIN R. BARTLES, VS. SHALON L. GHEEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4351 : : 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 D~ CURRENTLY IN CUSTODY OF Lazereth R. Bartles Februa~ 15,1997 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, II1. Date The parties reached an agreement in the form of an Order as attached. Meli~sa Peel Greevy, Esquire Custody Conciliator KEVIN R. BARTLES, Plaintiff/Petitioner vs. SHALON L. GHEEN, (a.k.a. SHALON L. BLOSER,) Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLV~_NIA CIVIL ACTION - LAW NO. 01-4351 IN CUSTODY NOTICE TO DEFEND 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 TA2fE 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 C~N GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Karen L. Koenigsberg Attorney for Plaintiff AMERICA-NS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cunfoerland 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 BiRR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 KEVIN R. BARTLES, Plaintiff/Petitioner vs. SHALON L. GHEEN, (a.k.a. SHALON L. BLOSER,) Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4351 IN CUSTODY EI~ERGENCY PETITION TO MODIFY CUSTODY 1. Petitioner is Kevin R. Bartles, R. Bartles, residing at 109 Meals County, Pennsylvania, 17013. father of the child, Lazereth Drive, Carlisle, Cuntberland 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. 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. Plaintiff/Petitioner seeks custody of the following child: Name Present Residence Age Lazereth R. Bartles 109 Meals Drive 4 years old Carlisle, PA 17013 and 428 Steelstown Road Newville, PA 17241 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 3681 Enola Road Newville, PA 17241 From Birth to 4 months(May 1997) Kevin R. Bartles Shalon L. Gheen Horsehoe Road Newville, PA 17241 May 1997 to July 1999 Kevin R. Bartles 2267 Newville Road Keith Bartles (Brother) 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 Keith Bloser North Middelton Road Carlisle, PA 17013 Spring 2000 to 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 Fall 2000 to c. November 2000 Shalon L. Gheen 428 Steelstown Road Mike (Last name unknown) Newville, PA 17241 c. November 2000 to Present Shalon L. Gheen, a.k.a. Shalon L. Keith Bloser Bloser 428 Steelstown Road Newville, PA 17241 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 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. 20. Plaintiff/Petitioner is fearful and mental and emotional well-being again residing in the home. for the minor child's safety since Keith Bloser is once 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, DISSINGERA/qD DISSINGER By: ~afy 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. ~4904, relating to unsworn falsification to authorities. Kevin R. Bartles, Plaintiff/Petitioner KEVIN R. BARTLES, Plaintiff/Respondent vs. SHALON L. GHEEN, (a.k.a. SHALON L. BLOSER,) Defendant/Respondent IN THE COURT OF COM~qON PLEAS OF CUMBERLAND COUNTY PENNSYLV/LNIA 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 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 S. Irwin, III, Esquire Hitner House Suites 201 and 202 35 East High Street Carlisle, PA 17013 Date: Mary A[ Etter Dissinger KEVIN R. BARTLES, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SHALON L. GHEEN, a/k/a SHALON L. BLOSER, DEFENDANT/RESPONDENT : 01-4351 CIVIL TERM AND NOW, this ~ 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, III, Esquire For Respondent :saa Edgar B. Bayley, ~,~.. ~ 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. Them is no emergency for which a hearing is warranted. KEVIN R. BARTLES, Plaintiff/Petitioner vs. SHALON L. GHEEN, (a.k.a. SHALON L. BLOSER,) Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4351 IN CUSTODY NOTICE TO DEFEND 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 TA/<E 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 Cun~berland County Court House Fourth Floor i Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 KEVIN R. BARTLES, Plaintiff/Petitioner VS. SHA-LON L. GHEEN, (a.k.a. SHALON L. BLOSER,) Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLV~_NIA CIVIL ACTION - LAW NO. 01-4351 IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Kevin R. Bartles, R. Bartles, residing at 109 Meals County, Pennsylvania, 17013. father of the child, Lazereth Drive, Carlisle, Cumberland 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, Curaberland 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 Suramary Report are attached as Exhibit "A".) o Name Lazereth R. Plaintiff/Petitioner seeks custody of the following child: Present Residence Age Bartles 109 Meals Drive 4 years old Carlisle, PA 17013 and 428 Steelstown Road Newville, PA 17241 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 3681 Enola Road Newville, PA 17241 From Birth to 4 months(May 1997) Kevin R. Bartles Shalon L. Gheen Horsehoe Road Newville, PA 17241 May 1997 to July 1999 Kevin R. Bartles 2267 Newville Road Keith Bartles (Brother) 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 Keith Bloser North Middelton Road Carlisle, PA 17013 Spring 2000 to 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 Fall 2000 to c. November 2000 Shalon L. Gheen 428 Steelstown Road Mike (Last name unknown) Newville, PA 17241 c. November 2000 to Present Shalon L. Gheen, a.k.a. Shalon L. Bloser Keith Bloser 428 Steelstown Road Newville, PA 17241 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 /%buse 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, (now his wife) read in the married Keith Bloser. Plaintiff/Petitioner and his fiancee newspaper that Shalon L. Gheen had 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, Custody was filed (without a September 25, 2001. an Emergency Petition to Modify request for conciliation) on 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. 24. 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 child, he does not intend to return the child next scheduled custody exchange. abscond with the to Mother at the 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 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; 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, DISSINGERAND DISSINGER Supreme Court ID # 85556 &/ 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.S. ~4904, relating to unsworn falsification to authorities. Kevin R. Bartles, Plaintiff/Petitioner 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 ORDER OFCOURT AND NOW, this ,¢~--~ day of ~,~_t.~~, 2001, upon consideration of the attached Custody Conciliation Summary Ri~port, it is hereby ordered and directed as follows: , 1. 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 pe~aining 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: 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. Transoortation. The parties sha!l share transportation with the pare.nt 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 THE COURT, Dist: Harold S. Irwin, Ill, Esquire, 35 E. High Street, Carlisle, PA 17013 Karen L. Koenisberg, Esquire, 28 N. 32'~ Street, Camp Hill, PA 17011 tRUE COPY FROM R=~.~ORO In Testimony ~,/hereof; i here u;~o sst r~y hand and tho seal o~ .~.,d ~ou.~, {,a,,~, P~. fhls~day of~ ~ i / ~ _. ~ ' Prothonot~rf 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 DATE OF BIRTH CURRENTLY IN CUSTODy OF -- Lazereth R. Bartles February 15, 1997 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 Kare~ L. Koenisberg, Esquire; the Mother, Shalon L. Gheen, Harold S. Irwin, II1. Date The parties reached an agreement in the form of an Order as attached. Melissa Peel Greevy, EsqL're ' Custody Conciliator KEVIN R. BARTLES, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SHALON L. GHEEN, a/k/a SHALON L. BLOSER, DEFENDANT/RESPONDENT : 01-4351 CIVIL TERM ORD C T AND NOW, this 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, Ill, Esquire For Respondent :saa Edgar B. Bayley, J. ' Since the mother just married Keith BIoser 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. KEVIN R. BARTLES, Plaintiff/Respondent VS. SHALON L. GHEEN, (a.k.a. SHALON L. BLOSER,) Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-4351 : IN CUSTODY CERTIFIC2%TE 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: Date: Harold S. Irwin, III, Esquire Hitner House Suites 201 and 202 35 East High Street Carlisle, PA 17013 K~-ren- L. ~Ko%n'i~sb%rg ~ y ~ I 0 KEVIN R. BARTLES : PLAINTIFF V. SHALON L GHEEN DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4351 CIVIL ACTION LAW IN CUSTODY 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 a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aH 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. Gree~v. , 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 heating 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 KEVIN R. BARTLES, VS. SHALON L. GHEEN, Plaintiff Defendant DEC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4351 : : CIVIL ACTION - LAW : CUSTODY Bayley, J.- 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. Le I__~. 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. ?~LTdcaLJ~J~jg~. Father shall have temporary primary physical custody. Mother shall have temporary partial custody which shall be arranged as follows: Effective November 21, 2001, each Wednesday from 8:00 a.m. until 4:30 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 scheduled to take place on January 7, 2002. Additionally, the parties shall participate as requested by the Child's therapist at Franco Associates. No. 01-4351 - Civil 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, Meliesa 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, if 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, shall retain jurisdiction of this matter pending further Order of this Court. Dist: Edgar B. ~ayley, ~J-. Karen L. Koenigsberg, Esquire, 28 N. 32"d Street, Camp Hill, PA 17011 Joan Carey, Esquire, MidPenn Legal Services, 8 lrvine Row, Carlisle, PA 17013 KEVIN R. BARTLES, Plaintiff : : vs. : NO. 01-4351 : : ClVlLACTION - LAW Defendant : CUSTODY SHALON L. GHEEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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: Lazereth R. Bartles DATE OF BIRTH February 15, 1997 CURRENTLY IN CUSTODY OF 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. Date Melissa'lSeel Greevy, Esquire Custody Conciliator 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 Bayley, J. -- 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: Effective February 6, 2002, each Wednesday from 8:00 a.m. until 6:00 p.m. Effective February 9, 2002, and February 10, 2002, alternating Saturdays and Sundays from 10:00 a.m. until 8:00 p.m. 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 TH COU~ .....d~an Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 ~ KEVIN R. BARTLES, VS. SHALON L. GHEEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4351 : : 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 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. Date The parties reached an agreement in the form of an Order as attached. M~liss'~-P~'~l~G reevy, Esquire ' Custody Conciliator KEVIN R. BARTLES, : Plaintiff/Petitioner : : vs. SHALON L. GHEEN, : (a.k.a. SHALON L. BLOSSER,) : Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERI2kND COUNTY PENNSYLV/LNIA CIVIL ACTION - LAW NO. 01-4351 IN CUSTODY NOTICE TO DEFEND 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 ~erty or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT }{AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CkN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Mary A~ ~tter-Dissinger Attorney for Plaintiff KEVIN R. BARTLES, : Plaintiff/Petitioner : : vs. SHALON L. GHEEN, : (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 R. Bartles, residing at 109 Meals Drive, County, Pennsylvania, 17013. Petitioner is Kevin R. Bartles, father of the child, Lazereth Carlisle, Cumberland 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. 8. Plaintiff/Petitioner seeks custody of the following child: Name Lazereth R. Bartles Present Residence 109 Meals Drive Carlisle, PA 17013 Age 5 years old 9. 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 Keith Bartles (Brother) Shalon L. Gheen Walt (Last name unknown 3681 Enola Road Newville, PA 17241 Horsehoe Road Newville, PA 17241 2267 Newville Road Carlisle, PA 17013 From Birth to 4 months(May 1997) May 1997 to July 1999 August 1999 to August 2000 (Street address unknown)July 1999 to 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 Shalon L. Gheen Keith Blosser 428 Steelstown Road Newville, PA 17241 Shalon L. Gheen 428 Steelstown Road Mike (Last name unknown) Newville, PA 17241 Shalon L. Gheen, a.k.a. Shalon L. Blosser Keith Bloser 428 Steelstown Road Newville, PA 17241 September 2000 to Present Fall 2000 to c. November 2000 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 proceeding concerning the child Commonwealth. no information of a custody pending in a court of this 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 ~ncarcerated 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:C ~-~ ~ M~y 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.S. ~4904, relating to unsworn falsification to authorities. Kevin R. Bartles, Plaintiff/Petitioner KEVIN R. BARTLES, : Plaintiff/Respondent : : vs. : : SHALON L. GHEEN, : 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 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. Gheen, 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: Mary A.~ Etter Dissinger/ KEVIN R. BARTLES PLAINTIFF V. SHALON L. GHEEN ( AKA SHALON L. BLOSSER) DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-4351 CIVIL ACTION LAW 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, June 25, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders~ Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s! Melissa P. Greevy, 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) 249-3 ! 66 KEVIN R. BARTLES, Plaintiff/Respondent SHALON L. GHEEN (AKA SHALON L. BLOSSER), Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4351 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BAYLEY, J.--- TEMPORARY ORDER OF COURT AND NOW, this ~'~=' 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 iyear begins, Mother's alternating custodial weekends shall run from Friday after school is dismissed until Sunday at 6:00 p.m. 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 oriminor 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 I~lay 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. Holidays. 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 ~,ears, 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 shall share the remaining time of the Christmas schbol break in consideration of their availability and work schedules. B. Thanks.qiving. 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 I~.m. until the Monday following Thanksgiving at 6:00 p.m. In even numbered y~ears, 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 T!hanksgiving, the return time for Segment B of the Thanksgiving break shall b~e 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 DaVy 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 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 estrarlge the child from the other parent, injure the opinion of the child as to the other parent, orihamper the free and natural development of the child's love and respect for the other pareht Each parent shall ensure that third parties also comply with this provision during his or heir 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 throaghout 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 whatsoe~Ver. The parties shall likewise ensure, to the extent pOssible, that the other household met'nbers 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 iwhich may occur. 9. Mother's husband, Keith, shall not be present during any period of partial custody with the minor child. Dist: 10. Hearing. A hearing is scheduled in Cou)rt, cr~om Number 2 of the Cumberland County Courthouse, before Judge Bayley, on the ~ day ofL~' at ~:(,,'~ o'clock ,~ .M., at which time testi~nony will be tak~'n.~o ,2003, hearingr the purposes of Mother's, the petitioning party, shall be deemed to be the mo~ing party and shall proceed initially with testimony. Counsel for the parties or the parties P, ro se shall file with the Court and opposing counsel/party a memorandum setting forth eachi 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 file¢l at least ten days prior to the hearing date. ~ BY TH/E"C O U RTj~j' Mary A. Etter Dissinger, Esquire, 28 N. 32nd Street, Camp Hill, PA 1701'1 Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 KEVIN R. BARTLES, Plaintiff/Respondent SHALON L. GHEEN (AKA SHALON L. BLOSSER), Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERL.AND COUNTY, PENNSYLVANIA NO. 01-4351 CIVIL TERM CIVIL ACTIQN - 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 Lazereth R. Bartles DATE OF BIRTH February 15, 1997 CURRENTLY IN THE CUSTODY OF Father 2. A Custody Conciliation Conference was held on March i5' 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 iher 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 presenlly 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 Jqly 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 tine, cannot provide adequate support for the child, has no transportation and too often cannl°t be found when he tries to be in communication with her. NO. 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, h~s 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 previo~Js care. She reports that she will continue to be on probation until August, 2003. Mother s~eks primary custody during the school year and week-on / week-off during the summer. Shb 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 hi~s Mother during the summer. However, the more over encompassing issue of whether it is it~ the best interest of the child to transfer back to the primary custody of Mother will require ai 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 - -M-elissa Peel'G~eevy, Esqdire Custody Conciliater :211265 KEVIN R. BARTLES, Plaintiff SHALON L. GHEEN (AKA SHALON L. BLOSSER), Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 01-4351 CIVIL TERM CUSTODY CUSTODY ORDER AND NOW, THIS ~.~ v-~. day of4~ay~, ~003, 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 c]hild including, but not limited to, medical, dental, religious or school records, ~.e 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 da), that school is out for an in- service day or minor holiday adjacent to his weekend, the mother and father may trade custodial weekends. 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 begiinning 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 iholiday according to the following schedule: 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 D th ecember 27 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 sclhool 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 [)ay 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 rnother 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 until 6:00 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 lhroughout 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. 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 pursuant ~J~ consent of Plaintiff and Defendant: ./~hal~n L-.~j~.e ,¢'~efendant Kevin R B--" ~ ~/ ~ ' · ames, dfl'~an Carey, Attome~or Defendant MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Mary A. Dissinger, Attorney foffPlaintiff Dissinger & Diasinger 28 N. 32na St. Camp Hill, PA 17011 ANTHONY R. LOWE, Plaintiff/Respondent BETTY JANE LOWE, Defendant/Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01-4351 CIVIL TERM : :CUSTODY PETITION FOR MODIFICATION Respondent, Betty Jane Lowe, by and through her counsel, Joan Carey of MidPerm Legal Services, states the following: 1. Petitioner is the above-named Defendant, Betty Jane Lowe, hereinafter referred to as the mother, who currently resides at 120 B West North Street, Carlisle, PA 17013. 2. Respondent is the above-named Plaintiff, Anthony R. Lowe, hereinafter referred to as the father, who resides at 4 Ann Street, Duncannon, PA 17020. 3. The above-named parties are the natural parents of Erica Lowe, bom January 5, 1991, Shawn Lowe, bom April 11, 1993, and Megan Lowe, born July 11, 1996. 4. An Order of Court was entered on September 10, 2001, which granted the parties shared legal custody. The father was granted primary physical custody of the children, and the mother was granted supervised physical custody as arranged by agreement of the parties. A copy of the Order is attached as Exhibit "A" and incorporated herein by reference. 5. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a) In or around October 2001, the parties agreed that the mother have partial physical custody of the parties' minor children on alternating weekends. b) In or about July 2002, the father denied the mother her regularly scheduled weekend periods of custody without any explanation to the mother. c) Since July 2002, the mother has maintained regular telephone communication with the children, calling them 3-4 times a week. d) The mother has established a stable and safe home for herself and her children in Carlisle, Pennsylvania. e) The mother has concerns regarding the father's supervision of the parties' minor children when they are in the presence of his current girlfriend's son. Perry County Children & Youth have been contacted and they are currently investigating the allegations. f) Reestablishing regular periods of custody with the mother will allow the children to spend quality time with her. The parties' minor children have a strong emotional bond with their mother and wish to have more contact with her. The father has not acted in the children's best interest by denying the mother quality time with the children. WHEREFORE, the petitioner respectfully requests this Court to grant the following relief: a) b) Grant the mother shared custody. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, ~Y~ Attorney for Defendant~/Petitioner MIDPENN LEGAL SERVICES 8 Irving Row Carlisle, PA 17013 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are tree and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unswom falsification to authorities. Betty Jane Ix>we, Plaintiff ANTHONY R. LOWE, Plaintiff VS. BETTY JANE LOWE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 01-4713 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, tlfis /O '~' day of .~'r-,-.,6~ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Anthony R. Lowe, and the Mother, Betty Jane Lowe, shall have shared legal custody of Erica Lowe, bom January 5, 1991, Shawn Lowe, bom April 11, 1993, and Megan Lowe, bom July I 1, 1996. Each parent shall have an equal fight, 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 Father shall have primary physical custody of the Children. 3. The Mother shall have supervised physical custody of the Children as arranged by agreement of the parties. 4. The Mother may file a Petition with the Court to request the scheduling of an additional Custody Conciliation Conference to review the custody arrangements, if necessary. BY THE COURT, Cc:BettyMatthew D.jane Lowe,Str°hm'Mother Esquire-Counsel for Father 9-. ANTHONY R. LOWB, Plaintiff VS. BETTY JANE LOWE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-4713 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: NAIVlE DATE OF BIRTH CURRENTLY IN CUSTODY OF Erica Lowe Shawn Lowe Megan Lowe January 5, 1991 Father April 11, 1993 Father July 1 I, 1996 Father 2. A Conciliation Conference was held on September 5, 2001, with the following individuals in attendance: The Father, Anthony R. Lowe, with his counsel, Matthew D. Strohm, Esquire. The Mother, Betty Jane Lowe, did not appear for the Conference and is not represented by counsel. 3. The Father filed this Petition seeking primary physical custody of the Children, who have been living with him since the beginning of August 2001. The Father did not ka~ow if the Mother has obtained a residence as recently she had been living with fi-iends at the Shermans Creek bm. According to the Father, the Children have not seen the Mother for almost five weeks. In early August, a relative of the Mother's boyfriend called the Father and requested that he pick up the Children as the Mother was not available to care for them. The Father stated that tlie pas'ties' son Sham, had been sexually abused by the Mother's former boyfriend. The Father believes that the Mother is currently unable to provide appropriate care for the Children. The Father indicated that the Mother had contacted him the morning of the Conference to obtain directions to the Conciliator's office and, therefore, the Father did not know why tlie Mother did not attend. 4. Based upon representations made by the Father at the Conference and the fact that the Mother had notice of the Conference but did not attend, the Conciliator recommends an Order in the form as attached. DATE Dawn S. Sunday, Esquire Custody Conciliator