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HomeMy WebLinkAbout04-1573RONALD L. VARNER AND BARBARA A. VARNER Plaintiffs, VS. DAVID L. VARNER, SR., CHASAITY S. MOSER, AND LINDA MOSER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUN]~, PENNSYLVANIA NO. ~¥- CML ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiffs are Ronald L. Vamer and Barbara A. Vamer, husband and wife, who are adult individuals residing at 110 Bear Hollow Road, Newburg, Cumberland County, Pennsylvania. 2. The Defendants are David L. Vamer, Sr., an adult individual who is currently incarcerated at the Dauphin County Prison, Dauphin County, Pennsylvania, Chasaity S. Moser, an adult individual currendy incarcerated at the Adams County Prison, Adams County, Pennsylvania, and Umda Moser, an adult individual currently residing at 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania. 3. The Plaintiffs seek custody of the following child: Name: David Levan Vamer, Jr. Date of Birth: May 12, 2002 Address: 1260 Three Square Hollow Road Newburg, Pennsylvania The child was bom out of wedlock. The child is presently in the custody of Linda Moser, who resides at 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: Sanle Chasaity Moser David Vamer Address 308 Newburg Road Newburg, PA Dam 5/12/02 to 9/2002 Chasaity Moser Misty Black Joel Black Chasaity Moser David Varner, Sr. Misty Black Linda Moser 425 E. King Street Shippensburg, PA Various motels No permanent address 308 Newburg Road Newburg, PA 1260 Three Square Hollow Road Newburg, PA 10/2/04to 8/2003 9/2003 to 12/2003 12/2003 - 3/29/2004 3/29/2004 to present The Mother of the child is Chasaity Moser, currently incarcerated at the Adams County Prison, Adams County, Pennsylvania. She is not married. The Father is David L. Vamer, Sr., currently incarcerated at the Dauphin County Prison, Dauphin County Pennsylvania. He is separated. 4. The relationship of Plaintiffs to the child is that of paternal grandparents. The Plaintiffs currently reside alone. 5. The relationship of the Defendants to the child is that of natural father, mother, and maternal grandmother. The natural father is currently incarcerated in the Dauphin County Prison. Upon his release from prison, father will reside at 308 Newburg Road, Newburg, Cumberland County, Pennsylvania, with his girlfriend, Misty Black. The natural mother is currently incarcerated in the Adams County Prison. It is unknown where, and with whom, mother will be residing upon her release from prison. 6. The Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. There is a prior Order of Court dated 12/15/2003, that does grant David L. Yarner, Sr., primary physical custody of the child. Chasaity S. Moser, mother, does have partial custody of the child every other weekend pursuant to this Court Order. A copy of the Court Order is attached hereto as Exhibit A. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 7. Plaintiffs have standing to bring a petition for custody of the child pursuant to 23 Pa. C.S.A. ~ 5313 (b). Plaintiffs (1) have genuine care and concern for the child; (2) relationship with the child began with the consent of a parent, namely Father; and (3) assume or deem, if necessary, to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or mental illness. The best interest and pem~anent welfare of the child will be served by granting the relief requested because: a. Neither parent is able to assume physical custody of the child. b. Father, who has court-ordered physical custody, desires to have his parents care for the child. c. Plaintiffs are able to provide a stable environment for the child. d. The child has a psychological bond with Plaintiffs. e. Plaintiffs will foster a relationship between the child and all defendants. f. Defendant, Linda Moser, has refused Plaintiffs any contact with the child. WHEREFORE, the Plaintiffs request Your Honorable Court to grant them custody of the child. Respectfully submitted, ABOM & KW:rULIngS, L.L,P. iK~r~oW..86H~lg~4 erty ~~ 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attomey for Plaintiff VERIFICATION We, Ronald L. Vamer and Barbara A. Vamer, verify that the statements made in this Custody Complaint are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unswom falsification to authorities. Date Date Ronald L. Varner Barbara A. Vamer CERTIFICATE OF SERVICE AND NOW, this I~]~'day of ]~p[-I' { 2004, I, Kara W. Haggerty, Esquire, of Aborn & Kutulakis, L.LP, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendants by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: David L. Vamer, Sr. Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 Chasaity Moser Adams County Prison Gettysburg, PA 17325 Linda Moser 1260 Three Square Hollow Road Newburg, PA 17240 Respectfully submiffed, Aborn & Kutul~kis, LLP. 36 South Hanover Street Carhsle, PA 17013 (717) 249-0900 Attorney for Plaintiffs DAVID L. VARNER V. CHASAITY S. MOSER FRANCES H. DEL DUCA ATTORNEY AT LAW TEN WEST HIGH STREET CARLISLE, PFNNSYLVANIA 17013 :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PESNNYLVANIA :: CIVIL ACTION - LAW :: NO. 2002-5078 CIVIL TERM :: IN CUSTODY ORDER OF COURT AND NOW, this ).5~7'~'day of December, 2003, on consideration of the attached Agreement of the parties, it is ordered and directed as follows: 1. David L. Vamer. father of David L. Var~er, Jr. and Chasaity L. Moscr, mother of David L. Varner, Jr. shall have joint legal custody of David g Vamer, Jr., born May 12, 2002. 2. Father shall have primary physical custody of the child. 3. Mother shall have partial custody of the child every other weekend and as the parties may agree. Neither party will partake of illegal drags when the child is in their custody. 5. Neither party may remove the child from the jurisdiction of Cumberland County without prior order of court. This order is entered pursuant to the Stipulation agreed to by the parties. CC: Frances H. Del Duca Counsel for Father BY THE ~OURT, · Weslff~7Oler, JL' Jessica Diamondstone Mid Penn Legal Service, Counsel for Mother EXHIBIT A TRUI~ COPY FROM '~" '~ ' Testimony vvh-~reo¢, I hsre unlo set m;, hand ~n~h~ seal of saJ~ Caurt ~ar[isle, RONALD L. VARNER AND BARBARA A. VARNER Plaintiffs, VS. DAVID L. VARNER, SR., : CHASAITY S. MOSER, AND : LINDA MOSER : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Or'- CIVIL A , I ION - LAW CUSTODY PETITION FOR SPECIAL RELIEF IN CUSTODY CASE PURSUANT TO 42 Pa.C.S.A. [1915.13 1. The Plaintiffs, Ronald L. Vamer and Barbara A. Vamer, husband and wife, are adult individuals who are residing 110 Bear Hollow Road, Newburg, Cumberland County, Pennsylvania. 2. The Defendants are David L. Vamer, Sr. (hereinafter "Father'), an adult individual currently incarcerated at the Dauphin County Prison, Dauphin County, Pennsylvania, Chasaity S. Moser (hereinafter "Mother"), an adult individual currently incarcerated at the Adams County Prison, Adams County Pennsylvania, and Linda Moser (hereinafter "mammal grandmother"). 3. The child's name is David Levan Varner, Jr., (hereinafter "Child'), born May 12, 2002, age 1. 4. The Plaintiffs are the paternal grandparents of the Child. 5. The Defendants are the natural parents and the maternal grandmother of the Child. 6. The Defendants are not mamed and living in separate residences. 7. The Plaintiffs have filed a Custody Complaint seeking custody of the Child. 8. There is a Prior custody order in effect with respect to the child that grants primary physical custody to Father and partial physical custody to Mother. A copy of the prior custody order is attached hereto as Exhibit A. 9. As evidenced by the above referenced Cou~t Order, Father was awarded primary physical custody of the Child in December 2003. 10. Mother has been incarcerated in the Adams County Prison since approximately March, 2004, and it is anticipated that she will be serving a six (6) month sentence. 11. Father has been incarcerated in the Dauphin County Prison since March 29, 2004, and he has not yet posted bail on the pending charges. It is Father's intention for his parents to be awarded custody of the subiect minor child. 12. Section 5313 of the Domestic Relations Code allows grandparents to petition for custody of a child who is determined to be a dependant child, or who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or mental illness. Neither Father nor Mother are able to assume physical custody of the Child at the present time. 13. On March 29, 2004, maternal grandmother, Linda Moser, removed the subject minor child from his home without consent. 14. Plaintiffs have contacted maternal grandmother to inquire as to the well- being of the subject minor child and to request visitation or partial custody of the subject minor child, and their requests have all been refused. Maternal grandmother has also consistently refused to provide any information as to the well-being of the subject minor child. 15. All of the Child's belongings remain at Father/Defendant's and Plaintiffs' residence. 16. Undersigned counsel is not aware that Mother is represented by counsel in this matter. WHEREFORE, the Plaintiffs request Your Honorable Court to schedule a brief hearing to review the allegations in this emergency petition and award Plaintiffs primary physical custody of the Child pending a conciliation conference. Respectfully submitted, IKi~r~oW. '86H;lg~4 erty (~J(J d 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION We, Ronald L. Varner and Barbara A. Vamer, verify that the statements made in this Petition for Special Relief are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date Date Ronald L. Vamer Barbara A. Varner CERTIFICATE OF SERVICE AND NOW, this t_2)_~day of April, 2004, I, Kara W. Haggerty, of Abom& Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendants by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: David L. Varner, Sr. Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 Chasaity Moser Adams County Prison Gettysburg, PA 17325 Linda Moser Three Square Hollow Road Newburg, PA 17240 ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs DAVID L7 VARNER CHASAITY S. MOSER FRANCES H: DEL E)UCA ATTORNEY aT LAW TEN west HIGH STREET CARLISLE. PF:J~VAN Ia 17013 1N THE COURT OF COMMON PLEAS OF CUMBERi,AND COUNTY, PESNNYLVANIA CIVIL ACTION - LAW NO. 2002-5078 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this /.6'-fl~day of December, 2003 on consideration of the Agreement of the parties, it is ordered and directed as follows: attached 1. David L. Vamer. father of David L. Var,~er, Jr. and Chasaity L. Moscr, mother of David L. Vamer, Jr. shall have joint legal custody of David L. Vamer, Jr., bom May 12, 2002. 2. Fail, er shall have primary physical custody of the child. 3. Mother shall have partial custody of lhe child every other weekend and as the parties may agree. Neither party ~vill partake of illegal drugs when the child is in their custody. 5. Neither party may remove the child from the jurisdiction of Cumberland County without prior order of com't. This order is entered pursuant to the Stipulation agreed to by the pa2ies. CC: Frances H. Del Duca Counsel for Father BY TI:I~/~,~URT, J. Wesley ~'ler, Jessica Diamondstone Mid Penn Legal Service, Counsel for Mother EXHIBIT A RONALD L. VARNER and BARBARA A. VARNER, Plaintiffs V. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID L. VARNER, SR., CHASAITY S. MOSER, and L1NDA MOSER, Defendants NO. 04-1573 CIVIL TE]?dVl ORDER OF COURT AND NOW, this 19th day of April, 2004, upon consideration of Plaintiffs' Petition for Special Relief in Custody Case Pursuant to 42 Pa. C.S.A. §1915.13, this matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. BY THECOURT, Kara W. Haggerty, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs David L. Vamer, Sr. Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 Defendant, Pro Se Chasaity Moser Adams County Prison Gettysburg, PA 17325 Defendant, Pro Se i~Nesley OleE Jr~ f' Linda Moser 1260 Three Square Hollow Road Newburg, PA 17240 Defendant, Pro Se Cumberland County Court ~ Administrator · /[d-'~t RONALD L. VARNER AND BARBARA A. VARNER PLAINTIFF DAVID L. VARNER, SR., CHASAITY S. MOSER, AND L1NDA MOSER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1573 CIVIL ACTION LAW : : 1N CUSTODY ORDER OF COURT AND NOW, Friday, April 16, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ]Hubert X. Gilroy_, Esq. __, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 20, 2004 - at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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 orior to scheduled hearin!~. FOR THE COURT, By: /s/ Hubert X. Gilroy. 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 b~asiness before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR AWFORNEY 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 HEI.P. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RONALD L. VARNER AND BARBARA A. VARNER PLAINTIFF DAVID L. VARNER, SR., CI-IASAITY S. MOSER, AND LINDA MOSER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-1573 CIVIL ACTION LAW : : 1N CUSTODY ORDER OF COURT AND NOW, Tuesday, May 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 20, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by' the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to apl~ear 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/ Hubert X. Gilroy. Esq, mnc Custody Concilia~:or The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUN o 2oo4 RONALD L. VARNER and, BARBARA A. VARNER, Plaintiffs, V DAVID L. VARNER, SR., CHASAITY S. : MOSER, AND LINDA MOSER, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLtUND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - ][573 IN CUSTODY COURT ORDER AND NOW, this r~/~, day of June, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed th~at this Courts Order of December 15, 2003 is vacated and the following Temporary Custody Order is entered: 1. The maternal grandmother, Linda Moser, shall enjoy primary physical custody of the minor child David Levan Vm'ner, Jr., born May 12, 2002. 2. The paternal grandparents, Ronald L. Varner and Barbara A. Varner, shall enjoy periods of temporary physical custody with the minor child as follows: a. On alternating weekends from Friday evening at 6:00 p.m. until Tuesday morning at approximately 8:00 a.m. b. Every Thursday from 10:00 a.m. until 7:00 p.m. c. At such times as agreed upon by the parties. 3. It is noted that the mother, Chasaity S. Mose~ is currently incarcerated in the Adams County Prison and that the father, David L. Varner, Sr., is currently incarcerated in the Cumberland County iPrison. Upon the parents being released from prison and in the event they are unable to work out an arrangement with the grandparents relative to obtaining appropriate times of custody with the minor child, either parent n~ay petition the Court to have this case again scheduled before the Custody Conciliator for a conference. 4. A second Custody Conciliation Conference will be held in this case on Thursday, August 5, 2004 at 9:30 a.m. At that time, the order will be reviewed by the Custody Conciliator and an analysis will be made relative to what involvement at that time is appropriate for the parents of the child. BY THE COURT, Jg~J~ Wesle~/~er~ J~. L~ CC: Kara Haggerty, Esquire Lindsay Baird, Esquire Chasaity S. Moser JUN 0 ~ ~_004 ~, RONALD L. VARNER and, BARBARA A. VARNER, Plaintiffs V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT]ION - LAW DAVID L. VARNER, SR., CHASAITY S.: NO. 2004 - 1573 MOSER, AND LINDA MOSER .' Defendants : IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: David Levan Yarner, Jr., born May 12, 2002. A Conciliation Conference was held on May 20, 2004, with the following individuals in attendance: The paternal grandparents, Ronald L. Varner mad Barbara A. Varner, with their counsel, Kara Haggerty, Esquire, the maternal grandmother, Linda Moser, with her counsel, Lindsay Baird, Esquire and the mother, Chasaity S. Moser, who appeared without counsel. The father is currently incarcerated in the Cumberland County Prison. 3. The parties agree to the entry of an order in the fo,rm as attached. DATE AUG 2 0 2004 RONALD L. VARNER and, BARBARA A. VARNER, Plaintiffs V DAVID L. VARNER, SR., CHASAITY S.,: MOSER, and LINDA MOSER, : DefendantS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - 1573 IN CUSTODY COURT ORDER AND NOW, this ~ day of August, 2004, it is ordered and directed that this Courts prior order of June 7, 2004 shah remain in effect sabject to the minor modifications the parties themselves have made with respect to the schedule for exchange of custody. In the event any of the parties desire to modify the existing order, the attorney for that party may contact the Custody Conciliator directly to .schedule another conference. It is anticipated that the parties will work between themselves and with a counselor/facilitator to address any issues that currently exist relative to the custody matter. BY THE COURT, J~e J. Wes~]~,, CC: Kara Haggerty, Esquire Lindsay Baird, Esquire David L. Varner, Sr. Chasaity S. Moser RONALD L. VARNER and, BARBARA A. VARNER, Plaintiffs V DAVID L. VARNER, SR., CHASAITY S.,': MOSER, and LINDA MOSER,.. DefendantS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - 1573 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT The Custody Conciliator met with the parties and their attorneys on August 5, 2004. Based upon that conference, the Conciliator recommends an order in the form as attached. DATE Hubert X. Gil~.y, Esquire Custody ~n~iliator RONALD L. VARNER AND. BARBARA A. VARNER Plaintiffs, VS. DAVID L. VARNER, SR., CHASAITY S. MOSER, AND LINDA MOSER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1573 CML ACTION - LAW CUSTODY CUSTODY STIPULATION 1. The Plaintiffs are Ronald L. Vamer and Barbara A. Vamer, hereinafter "paternal grandparents"), husband and wife, who are: adult individuals residing at 110 Bear Hollow Road, Newburg, Cumberland County, Pennsylvania. 2. The Defendants are David L. Vamer, Sr., (hereinafter "Father"), an adult individual who is currently incarcerated at the Dauphin County Prison, Dauphin County, Pennsylvania, Chasaity S. Moser, hereinafter "Mother"), an adult individual whose current address is presently unknown, Pennsylvania, and Lhxda Mose~, hereinaftter (maternal grandi~aothet''), an adult individual currently residing at 1260 Three Sq~re Hollow Road, Newburg, Cumberland County, Pennsylvania. 3. The child's name is David Levan Vamer, Jr., (hereinafter "Child"), bom May 12, 2004, age 2. WHEREAS, the parties desire to enter into an agreement as to the custody of the above said child; NOW, THEREFORE, intending to be legally bound hereby, the parties agree as follows: 1. The paternal grandparents, Ronald L. Vamer and Barbara A. Vamer, shall enjoy primary physical custody of the minor child, David Levan Varner, Jr., born May 12, 2002. 2. The maternal grandmother, Linda Moser, shall enjoy partial physical custody at such times as agreed upon by the parties. 3. The parties are entering into this Stipulation by agreement. 4. The parties desire this Stipulation and Agreement to be entered as an Order of Court. 5. This Order supercedes the Custody Order dated June 7, 2004, and any Order to be entered following the custody conciliation held August 5, 2004. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mention, ed. WITNESSETH: tR~)-nald L. Vamer, Plaintiff Barbara A. Varner, Plaintiff Linda Moser, Defendant Kara W. Hagger~squir~ Kara W. Hagge~.~squ~ ~Esqmre RONALD L. VARNER, and BARBARA A. VARNER, Plaintiffs DAVID L. VARNER, SR., CHASAITY A. MOSER, and L1NDA MOSER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1573 CIVIL TEILM ORDER OF COURT AND NOW, this 14th day of September, 2004, upon consideration of the attached Custody Stipulation, and it appearing that neither parent has joined in the stipulation, the stipulation will be treated as a petition to modify custody, and the matter is referred to the custody conciliator, Hubert X. Gilroy, Esq. THE COURT ADMINISTRATOR is requested to fhcilitate this referral. BY THE COURT, Court Administrator -/h~r~t ~ ~;/Wesley Ol(*~r-ff., J. ,4qubert X. Gilroy, Esq. 4 North Hanover Street Carlisle, PA 17013 Custody Conciliator :.~ara W. Haggerty, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs Ronald L. and Barbara A. Varner ~indsay Dare Baird, Esq. 37 South Hanover Street Carlisle, PA 17013 ,/l~avid L. Vamer, Sr. Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 Defendant ~hasaity S. Moser Adams County Prison 45 Major Bell Lane Gettysburg, PA 17325 Defendant ~l~inda Moser 1260 Three Square Hollow Road Newburg, PA 17240 Defendant :rc RONALD L. VARNER AND BARBARA A. VARNER Plaintiffs, VS. DAVID L. VARNER, SR., CHASAITY S. MOSER, AND LINDA MOSER Defendants 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1573 CIVIL ACTION _ LAW CUSTODY ORDER AND NOW, this _ day of September, 2004, the attached Custody Stipulation is hereby made an Order of Court. BY THE COURT: Distribution: Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Ronald and Barbara Vamer 110 Bear Hollow Road Newburg, PA 17240 David L. Varner Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 RONALD L. VARNER AND. BARBARA A. VARNER : Plaintiffs, : VS. DAVID L. VARNER, SR., : CHASAITY S. MOSER, AND LINDA MOSER : Defendants : IN THE COURT OF COMMON PLEAS CUMBE~D COUNTY, PENNSYLVANIA NO. 2004-1573 CML ACTION _ LAW CUSTODY CUSTODy STIPULATiOn_i 1. The Plaintiffs are Ronald L. Vamer and Barbara A. Vamer, hereinafter "paternal grandparents'~, husband and wife, who are adult individuals residing at 110 Bear Hollow Road, Newburg, Cumberland County, Pennsylvania. 2. The Defendants are David L. Vamer, Sr., (hereinafter "Father"), an adult individual who is currendy incarcerated at the Dauphin County Prison, Dauphin County, Pennsylvania, Chasaity S. Moser, hereinafter "M -- ' other 7, an adult individual whose current address is presendy tmknown, Pennsylvania, and Linda Moser, hereinafter (maternal grandl~othe~'~, an adult individual currently residing at 1260 Three Square Hollow Road, NeWburg' Cumberland County, Pennsylvania. 3. The child's name is David Levan Vamer, Jr., (hereinafter "Child"), born May 12, 2004, age 2. WHEREAS, the parties desire to enter into an agreement as to the custody of the above said child; NOW, THEREFORE, intending to be legally bound hereby, the parties agree as follows: 1. The paternal grandparents, Ronald L. Vamer and Barbara A. Vamer, shall enjoy primary physical custody of the minor child, David Levan Vamer, Jr., born May 12, 2002. 2. The maternal grandmother, Linda Moser, shall enjoy partial physical custody at such times as agreed upon by the parties. 3. The parties are entering into this Stipulation by agreement. 4. The parties desire this Stipulation and Agreement to be entered as an Order of Court. 5. This Order supercedes the Custody Order dated June 7, 2004, and any Order to be entered following the custody conciliation held August 5, 2004. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day :and year hereinafter mentioned. WITNESSETH: ~R~nald L. Vamer, Plaintiff Barbara A. Varner, Plaintiff Linda Moser, Defendant Kara W. Iq[aggett~sq~ ~,gnidsay Ba~f, Esquire RONALD L. VARNER AND BARBARA A. VARNER PLAINTIFF DAVID L. VARNER, SR., CHASAITY A. MOSER AND LINDA MOSER DEFENDANT IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1573 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursda , Se tember 23,2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective Counsel appear before Hu_bert X. Gilro ,~s_~ .q~_ , the conciliator, at 4th Floor, CUmberland Count Courthouse, Carlisle .... - on Friday, November 05, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be beard 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 ora temporary or permanent order. The court hereby directs the parties to fi~rnish any and all ex' ' , · Special Relief orders, and Custody orders to the .... :,: ..... ~stmg Protection from Abuse orders, ~vn~mator q~ hours prior to scheduled hearin~ FOR THE COURT, By: ~si 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 pr/or to any hearing or bu'siness before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR AT/'ORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEy OR CANNOT AFFORD O ~ NE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RONALD L. VARNER and BARBARA A. VARNER, Plaintiffs VS. DAVID L. VARNER, SR., CHASAITY S. MOSER, and LINDA MOSER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1573 CIVIL ACTION - LAW CUSTODY CUSTODY STIPULATION 1. The Plaintiffs are Ronald L. Vamer and Barbara A. Vamer, hereinafter "paternal grandparents"), husband and wife, who are adult individuals residing at 110 Bear Hollow Road, Newburg, Cumberland County, Pennsylvania. 2. The Defendants are David L. Varner, Sr., (hereinafter "Father"), an adult individual who is currently incarcerated at the Dauphin County Prison, Dauphin County, Pennsylvania, Chasaity S. Moser, hereinafter "Mother"), an adult individual whose current address is presently unknown, Pennsylvania, and Linda Moser, hereinafter (maternal grandmother"), an adult individual currently residing at 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania. 3. The child's name is David Levan Vamer, Jr., (hereinafter "Child"), born May 12, 2004, age 2. WHEREAS, the parties desire to enter into an agreement as to the custody of the above said child; NOW, THEREFORE, intending to be legally bound hereby, the parties agree as follows: 1. The paternal grandparents, Ronald L. Vamer and Barbara A. Vamer, shall enjoy primary physical custody of the minor child, David Levan Vamer, Jr., bom May 12, 2002. 2. The maternal grandmother, Linda Moser, shall enjoy partial physical custody at such times as agreed upon by the parties. 3. The parties are entering into this Stipulation by agreement. 4. The parties desire this Stipulation and Agreement to be entered as an Order of 5. This Order supercedes the Custody Order dated June 7, 2004, and any Order to be entered following the custody conciliation held August 5, 2004. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: onald L. Varner, Plaintiff Barbara A. Vamer, Plaintiff Linda Moser, Defend~ant David L. Varner, Defendant Chasaity S. Moser, Defendant NOV 't 8 2Dg4 ~ RONALD L. VARNER, and BARBARA A. VARNER Plaintiffs DAVID L. VARNER, SR., CHASAITY A.: MOSER, and LINDA MOSER : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1573 IN CUSTODY ORDER AND NOW, this ~,~v/ day of November, 2004, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. DATE Hubert X. gilroy, Esquire / Custody Conciliator ~ RONALD L. VARNER and BARBARA A. VARNER, Plaintiffs v. E PROTHONOTt SEP -4 PM 2.49 IN THE COURT OF COMV : CUMBERLAND COUNTY, PA : NO.04-1573 DAVID L. VARNER, SR., CHASAITY S. MOSER, AND LINDA MOSER, : CIVIL ACTION - LAW Defendants : IN CUSTODY D COUNTY VANI PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Defendant, David L. Varner, Sr, in the above - captioned matter. Date q 1L -f' )14 Respectfully submitted, Kant W. Haggery, Attorney ID No. 869 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RONALD L. VARNER and BARBARA A. VARNER Plaintiffs v. DAVID L. VARNER, SR. CHASAITY S. MOSER, and LINDA MOSER Defendants No. 04-1573 CIVIL ACTION rn rn , -o � .t . CUSTODY STIPULATION rc© - = 1. The Plaintiffs are Ronald L. Varner and Barbara A. Varner, hereinafter "paradati grandparents", husband and wife, who are adult individuals residing at 110 Bear Hollow Road, Newburg, Cumberland County, Pennsylvania. 2. The Defendants are David L. Varner, Sr. hereinafter "Father", an adult individual who currently resides at 200 Shippensburg Road, Shippensburg, Cumberland County, Pennsylvania. Chasaity S. Moser, hereinafter "Mother", an adult whose address is presently unknown, and Linda Moser, hereinafter "maternal grandmother", an adult individual currently residing at 1260 Harmon Road, Newburg, Cumberland County, Pennsylvania. 3. The child's name is David Levan Varner Jr., hereinafter "Child", born on May 12, 2004, age 12. WHEREAS, the parties desire to enter into an agreement as to the custody of the above said child; NOW, THEREFORE, intending to be legally bound hereby, the parties agree as follows 1. The Father, David L. Varner Sr., shall enjoy primary physical custody of the minor child, David Levan Varner, Jr. born May 12, 2002. 2. The paternal grandparents, Ronald L. Varner and Barbara A. Varner, shall enjoy partial physical custody at such times as agreed upon by the parties. 3. The maternal grandmother, Linda Moser, shall enjoy visitation at such times as agreed upon by the parties. 4. This Order supersedes the Custody Stipulation dated September 14, 2004. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. Cvi-A1-1 V;‘-tqz-z-t-i .e2/..uatekA.a.., a. ef-A.A.4,10...)„..) Ronald L. Varner, Plaintiff Barbara. A. Varner, Plaintiff o� �a 911s� Linda Moser, Defendant David L. Varner Sr., Defendant otary COM - V NIA NOTARIAL SEAL TAMMY SUE HELMAN, Neter/ Public Boro of Shippensburg, Cumberland County My Commission Expires February 10, 2018 Commonwealth of Pennsytvan County of berland this s day o 20 before nel tA • the und= -d o icer, p ally appea known to e ( or satisfactorily proven) to be the pers whose name(s) is/are subscribed to the within instrument and acknow dged that e/she/they executed the same for the • roo•es thecontair d In nd,and seal. otary Publi Vi -e4. I Aid 04/4/2424_, c COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ,1.Gr~ak6 a.r rNe.c- rt t9,ar h o (& Vie_ yarn e..r No. 04-1573 CIVIL ACTION V. \I cur ym. e.( Sr De- ex‘Char S ,J ORDER OF COURT AND NOW, this2l day oai�, 2061upon consideration of the attached Custody Stipulation, the stipulation will be treated as a petition to modify custody, and the matter is referred to court for signing and filing. /71.11.5.L L,;L ffla.svz._, 1)42.4111L-- /CA9�! BY THE COURT, -3 m co r— �C'7 C) -, Fr) - ? c) `w' CD CLME- r .:a ,.rc _ n...-