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HomeMy WebLinkAbout10-1117TIMOTHY S. SHRINER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA vs. NO. BOBBIE JO TROUTMAN, : CIVIL ACTION - LAW c? Defendant : IN CUSTODY ?JJ - '?`- ?n 11 NOTICE TO DEFEND AND CLAIM RIGHTS = v,> l rv i rn YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims se€lortlen 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 P,,% 'i7 r. U? Al, 1111--e 4.12G TIMOTHY S. SHRINER, Plaintiff VS. BOBBIE JO TROUTMAN, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA : NO. : CIVIL ACTION - LAW : IN CUSTODY NOTICIA USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dial a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamadas por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TIMOTHY S. SHRINER, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA Plaintiff VS. : NO. 7 C BOBBIE JO TROUTMAN, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR CUSTODY AND NOW thof y- 2010, comes the Plaintiff, Timothy S. Shriner, by and through her attorney, Jane M. Alexander, Esquire, and files the Petition for Custody and in support thereof, avers as follows: 1. The Plaintiff is Timothy S. Shriner, who currently resides at 107 Ann Street, Apt. #2, Middletown, Dauphin County, Pennsylvania 17057. 2. The Defendant is Bobbie Jo Troutman, who currently resides at 1575 Jerusalem Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks joint legal custody of the child with Defendant having primary physical custody and with Plaintiff having custody for the purpose of visitation on a regular schedule for the following child: Dylan Michael Shriner, Age 16, born July 20, 1993. 4. The parents of the child were not married at the time of his birth; and although they lived together from September 1993 to the spring of 1995, they never married. 5. There has never been a custody petition filed by either party but was a juvenile proceedings No. 2000-0280 in Cumberland County, and Defendant has had custody of the child. Page 1 of 4 6. Since 2002 Plaintiff had been having regular visits with the child on alternating weekends and short periods at other times. 7. However, since the first of October 2009, Defendant has not allowed Plaintiff to have visitation with his son except for a few hours the day after Christmas 2009. 8. Plaintiff seeks physical custody of the child for purposes of visitation, child has repeatedly requested visits with his father, and father wants to maintain a relationship with his son. 9. The relationship of Plaintiff to child is that of natural father. 10. The relationship of Plaintiff to the child is that of natural mother. 11. The child has resided with the following persons at the following addresses for the past five years: July 2008 to Date: Bobbie Jo Troutman & Stepfather John Martin, Jessica Singer, Cody, Aries, & Gage 1575 Jerusalem Road Mechanicsburg, Pa 17050 October 2007 to July 2008: Bobbie Jo Troutman & Stepfather & Aries 1299 Kelton Road Camp Hill, Pa 17077 12. Plaintiff is requesting that he has periods of partial custody every weekend from Friday at 6:00 P.M. to Sunday at 8:00 P.M. alternating holidays, share of Christmas and Easter holidays, three weeks in summer not consecutive, and at such other times as may be agreed upon by the parties. 13. Plaintiff has not participated as a party or witness, or in any other 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 any other court within the Commonwealth. Page 2 of 4 15. Plaintiff does not know of a person or 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 welfare of the child will be best served by giving the relief requested because the relationship between father and son should be maintained. WHEREFORE, Plaintiff requests your Honorable Court to grant her joint legal custody and primary physical custody of the subject child with reasonable scheduled visitation at appropriate designated places. Respectfully Submitted, ?ane A AlexgAtter, E uir Attorney for Olainti Attorney I.D. #07355 148 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 Page 3 of 4 Verification I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DATE: zo [AV Timothy S. hriner COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK S.S. Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, personally appeared Timothy S. Shriner who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. Sworn to and subscrid bef e e this day of , 2010. otary Public' 0 Timothy Shriner Page 4 of 4 ZQI~FFE?~ FIG s ;,, ,-„ C~ ir.~;: _ .,~ ~; ~ ,t~. TIMOTHY S. SHRINER, IN THE COURT d~'1/'ldN'i~©~T PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10-1117 CIVIL BOBBIE JO TROUTMAN, CIVIL ACTION -LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this ac~5~ day of ~~-~i~ , 2010 personally appeared Jane M. Alexander, Esquire who swears according to law, that a true and correct copy of a PETITION FOR CUSTODY was caused to be served by certified mail with return receipt requested upon the said, BOBBIE JO TROUTMAN 1575 Jerusalem Road Mechanicsburg, PA 17050 on February 19, 2010 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. M. Alexander, Esqui ~orney LD. #07355 48 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 Sworn and subscribed before t ' a`~ - day of 2010. J s~ ~-~ i~AANW ' H OF PENNSYLVANIA i Notarial Seal Leslie K. Neidig, Nolaty Public Warrtrtgton Twp., York County MY Commission E~ires Feb. 4, 2011 Member, Pennsvh»n~~ Qc~nrsatinn of Notari~P TIMOTHY S. SHRINER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.10-1117 CIVIL BOBBIE JO TROUTMAN, CIVIL ACTION -LAW Defendant IN CUSTODY PROOF OF SERVICE .~ m ~a .- ~. o m =_ cc Postage $ O ~ "".~,. Restricted Delivery Fee O (Endorsement Required) m (~ Total Postage ~ Fees m f ^ Compote items 1, 2, and 8. Also oornplete •ipBm 41f Resbicted Deilvery la desked. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach tt>~,~Cand to the baclcof the mailpieoe, or on thstarxrt ff space permits. i. Arnde m: 1 ~ ~ . ~~i~Jl ~ ~e I ~~~fha h 15~~ J ~.rc~5c~l-em ~va~ I'YL~e chin ~ c~ b>`,.,~5 ~ P~ ~~05~ a sgneam, X ~~ ,,, ,.~ ~-- ; o ,1 `rte ,~~,,(~~1.;.~'~/1df1189i!!B B. Rec:elved by (Pdrrred Na-ne) C. DaEe of Delivery D. Iq delivery addreea difrererrtfrom- ~~ ixes,~> N YES. enter delwery address ~ No ~~ .~` ~ ~, ,, ~. ~ ,~ ~~ ~~~ ,~ 2~~p ;;~ ~::;, a servkae type #bertlnsd Ma& O Ei~rses Ma/ o team, ~pc~ ~ IrrsYxed Mdl D G.O.D. 4. Reo6lcted DelMery'1 ~x0a fegi ^ ties 2. Article Number (f-anslf~rtrom servrce la6e~ 7 [10 8 3 2 30 Q Q0 0 0 B 30 3 8 3 8 PS Form 3811,_ February 2004 Domestlc Reaun Receipt ia~esa¢•~•iseo ___ ...~.m~.___ _..----_.__ _. _.. __ a.~-..~. TIMOTHY S. SHRINER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BOBBIE JO TROUTMAN DI:FF;NDANT 2010-1117 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Febru~ 23, 2.010_ _ _ _ __, upon consideration of the attached Complaint, it is hexeby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at _ _ 39 West Mam Street, Mechanicsburg, PA 17055 nn Thursday, March 25, 2010 at 12:30 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda , Es . ,~„rJ Custody Conciliator "I'he Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1)90. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All a--rangements 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 SE"t FOKTH BELOW TO FIND OUT WI-IERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association ~2 South Bedtbrd Street Carlisle, Pennsylvania 17013 Telephone (7I7) 249-3166 Fi~EU-~~~, .~- ~ ,.~ 2010 F~~ Z~ ~.~ !(~~ 36 „ ~l~~.,p `.~ _ ~. E f ~ ~I'-d•l 'v ~~ , a ~~ - .moo ~;~`. ~~ ~~~ ~ a~%