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HomeMy WebLinkAbout02-0499IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BENJAMIN F. LINE, PLAINTIFF JANETTA S. LINE, DEFENDANT : CIVIL ACTION : NO. O2- ~,/qO : CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Benjamin F. Line, by and through his attorneys, Reichard Law Offices, LLC and avers as follows in support of this Complaint for custody. 1. Plaintiff is Benjamin F. Line, an adult individual currently residing at 2502 Lawyer Road, Chambersburg, Franklin County, Pennsylvania. 2. Defendant is Janetta S. Line, an adult individual currently residing at 225 Nell Road, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks physical custody of the following minor children: Jennifer S. Line, born January 22, 1984, and Zachary B. Line, born October 26, 1987,who reside at 225 Nell Road, Shippensburg, Cumberland County, Pennsylvania. 4. Jennifer S. Line and Zachary B. Line were born in wedlock. 5. The children are presently in the physical custody of Defendant, Janetta S. Line who resides at 225 Nell Road, Shippensburg, Cumberland County, Pennsylvania. 6. For the past five years, the children have resided with the following persons at the following addresses: NAME Benjamin F. Line and Janetta S. Line Janetta S. Line ADDRESS 225 Nell Road Shippensburg, PA 17257 225 Nell Road Shippensburg, PA 17257 DATES 1997-June 2001 June 2001-present 7. The mother of the children is Janetta S. Line, currently residing at 225 Nell Road, Shippensburg, Cumberland County, Pennsylvania. She is married. 8. The father of the children is Benjamin F. Line, currently residing at 2502 Lawyer Road, Chambersburg, Franklin County, Pennsylvania. He is married. 9. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: Name Tina Reed Relationship Girlfriend Jennifer S. Line Zachary B. Line 10. The relationship of Defendant to the children is that of natural mother. Defendant currently resides with the following persons: ~Name_ _Relationship Daughter Son The 11. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Plaintiff seeks physical custody of the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. The children have enjoyed a relationship with their Father in the past. b. Mother is refusing to allow the children to see Father and refuses his requests for time with his children. c. Mother has been telling the children negative things about Father and is discouraging them from having a relationship with Father. d. Without an Order, Mother will alienate the children from Father, and continue to put them in the middle of the parties' divorce. e. Father believes that the children should continue to enjoy a relationship with both parents and their extended families. f. Father believes that he can promote a relationship between him, the children and his extended £amily without the children feeling that they must choose between parents or grandparents. WHEREFORE, Plaintiff requests that this Court grant him physical custody of the minor children. Date:_ Respectfully submitted, REICHARD LAW OFFICES, LLC. Carrie M. Bowmaster, Esquire Attorney I.D. No. 70226 Attorney for Plaintiff 70 West King Street Chambersburg, PA 17201 (717) 267-2288 I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. 13enfamin Line BENJAMIN F. LINE PLAINTIFF V. JANETTA S. LINE DEFENDANT : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-499 CIVIL ACTION LAW : : 1N CUSTODY AND NOW, Monday, February 04, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , thc conciliator, at 4thFIoor, Cumberland Count~ Courthouse, Carlisle on Wednesday, February27,2002 at 1:30 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 thc issues to bc heard by thc 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/ lacaueline M. Vernev. Esa~)~x ' ' Custody Conciliat'or ~0 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infomaation about accessible facilities and reasonable accommodations available to disabled individuals having bus/ness before the court, please contact our office. Ail 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN F. LINE, Plaintiff V. JANETTA S. LINE, Defendant CIVIL ACTION NO. 02-4~9 CIVIL ACTION LAW o~- ~ IN CUSTODY ANSWER TO COMPLAINT FOR CUSTODY AND NOW, comes the Defendant, Janetta S. Line, by and through her attorneys, Weigle, Perkins & Associates, and avers as follows in support of this Answer to Complaint for Custody. 1. Admitted. 2. Admitted 3. Denied as stated. Jennifer L. Line is presently eighteen years of age, having been bom on January 22, 1984, and is therefore an adult. The Defendant does not have sufficient information to form a belief as to the Plaintiff's intention concerning the custody of Zachary B. Line. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part and denied in part. It is admitted that the Plaintiff is the natural father of the children. The Plaintiff's living arrangements are unknown to the Defendant, but it is believed that other persons live from time to time in the home of Tina Reed. 10. Admitted. WEIGLE, PERKINS & ASSOCIATES ATTORNEYS AT LAW -- 126 EAST KING STREET SHIPPENSBURG, PA 17257-1397 1 I. .Admitted. 12. Denied as stated. Plaintiff's motivations with respect to the filing of the present action are unknown to the Defendant so that paragraph 12 of the Complaint is therefore denied as stated. By way of further answer, it is believed and therefore averred that Plaintiff's motivations for' filing of the Complaint are for reasons other than the best interest of the children. 13. Denied as stated. The Defendant has never refused to allow the children to see the Plaintiff nor denied his specific requests to see the children, and strict proof to the contrary is demanded at trial. The Defendant has told the children, who are presently 18 and 14 respectively, the troth with respect to where their father presently resides but has not discouraged them from having a relationship with him, and strict proof to the contrary is demanded at trial. By way of further answer, the Plaintiff has had minimum contact with his children by his own choice and has become angry when the children have not wanted presently to become a part of their father's "extended family." WHEREFORE, the Defendant requests that the Court deny Plaintiff's request for physical custody of the remaining minor child. Date: Respectfully submitted, WEIGLE, PERKINS & ASSOCIA~S Attorney ID #01624 \] Attorney for Defendant kt 126 East King Street Shippensburg, PA 17257 (717)532-7388 VERIFICATION I verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Oated: ~- I q- o~00 ~, Janetta/S. Line IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN F. LINE, PLAINTIFF JANETTA S. LINE, DEFENDANT CIVIL ACTION-LAW NO. 02-499 IN CUSTODY ACCEPTANCE OF SERVICE Now, this(_~_day of~02, I, Jerry A. Weigle, Esquire, attorney for the Defendant in the abo~-captioned'action, do,hereby accept service of the Custody Complaint in the above-captioned matter. ~ MAR 0 1 2002 :L BENJAMIN F. LINE, Plaintiff V. JANETTA S. LINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-499 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this "[ ~C~ day of ff[A~ ,~- ~. ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Benjamin F. Line, and the Mother, Janetta S. Line, shall have shared legal custody of Zachary S. Line, bom October 26, 1987. 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. 2. Mother shall have primary physical custody of the Child. 3. Father shall have periods of partial custody as follows, with a goal to ultimately go to an altemating weekend schedule as counseling progresses: A. Two (2) four (4) hour periods from 12:00 noon to 4:00 p.m. on alternating Sundays, beginning March 3, 2002. B. Once the two (2) four (4) hours periods have been exercised, Father shall have physical custody of the child for two (2) six (6) hour periods on alternating Sundays from 12:00 noon to 6:00 p.m. C. Once the two (2) six (6) hour periods have been exercised, Father shall have physical custody of the child for two (2) eight (8) hour periods on alternating Sundays from 10:00 a.m. to 6:00 p.m. Said eight (8) hour periods shall continue on an alternating Sunday basis until the next scheduled Conciliation Conference or agreement of the parties. D. Father is cognizant of the Child's reluctance to visit with Father and his new family situation. Father will consider the child's feelings in the selection of activities and social contacts during Father's periods of physical custody. 4. The parties are ordered to obtain counseling as soon as possible for the Child and cooperate with the counselor in the Child's treatment. Father shall be responsible for the cost of said counseling, if any. ¥[NVA'IASNN~J 5. Father shall be responsible for all transportation during his periods of partial physical custody. Mother shall be responsible for transportation of the Child to counseling, unless otherwise agreed by the parties. 6. Mother shall encourage the Child to visit with Father. 7. Neither party shall do anything nor permit any third party to do anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for May 29, 2002 at 8:30 a.m. BY THE COURT, /3 cc)~'~e~B~owmaster, Counsel for Father J' '~ ' {'~ J' /Je~rry Weigel, Esquire, Co~sel for Mo~er BENJAMIN F. LINE, Plaintiff V. JANETTA S. LINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-499 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: None 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 Zachary B. Line DATE OF BIRTH October 26, 1987 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on February 27, 2002, with the following individuals in attendance: The Father, Benjamin F. Line, with his counsel, Carrie M. Bowmaster, Esquire and the Mother, Janetta S. Line, with her counsel, Jerry A. Weigle, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date ~/acq~eline M. Vemey, Esquire ~ Custody Conciliator