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HomeMy WebLinkAbout02-2019STEPHEN DARHOWER, Plaintiff TAMMY JO DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : CUSTODY/VISITATION ::NO. 02-~1~ CIVIL TERM COMPLAINT FOR CUSTODY 1. The Plaintiff is Stephen Darhower, residing at 4201 Carlisle Road, Gardners, Pennsylvania 17324. 2. The Defendant is Tammy Jo Darhower, with a last known address of 70 N. Middleton Road, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: .NAME RESIDENCE DOB AGE Jamie Lee Darhower 70 N. Middleton Road, Carlisle, PA 17013 6/26/88 13 4. The child was not bom out of wedlock. 5. The child is presently in the custody of mother/defendant. 6. During his life, the child has resided with the following persons and at the following addresses: NAME Stephen Darhower and Tammy Jo Darhower Stephen Darhower Tammy Jo Darhower ADDRESS DATES Spring Road, Carlisle, PA 1988 - 2/99 4201 Carlisle Road, Gardners, PA 2/99 - present Various address throughout Cumb. Cty. 2/99 - present 7. The mother of the child is Tammy Jo Darhower, currently residing at 70 Middleton Road, Carlisle, Pennsylvania 17013. She is unmarried. 8. The father of the child is Stephen Darhower, currently residing at 4201 Carlisle Road, Gardners, Pennsylvania 17324. He is unmarried. 9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: n/a 10. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the following persons: Unknown 11. 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. 12. Plaintiff has no information ora custody proceeding concerning the children pending in a court of this Commonwealth. 13. 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. 14. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiff has undertaken and performed the primary parental responsibilities for the child; and B. Plaintiff is best able to provide the care and nurture which the child needs for healthy development; and C. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child; and D. Defendant is erratic and unstable and is therefore unreliable as custodian of the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child to Plaintiff subject to structured partial custody by the Defendant pending the hearing. Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 Telephone: (717) 258-8558 Supreme Court ID No. STEPHEN DARHOWER, Plaintiff TAMMY JO DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY/VISITATION : : NO. 02-2019 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 30* day of April, 2002, Irving Wallace, Constable, in the above-captioned action, served a true copy of the Custody Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant's mother, Helen Bouder, by hand delivery on April 25, 2002, at 3:10 PM at the Defendant's home address, 70 North Middleton Road, Carlisle, PA 17013 (See attached and marked as Exhibit "A"). BY'~~ ~ ._~_.~ Paul Bradford Orr, Esqmre Attorney for Defendant Irving Wallace nrv Pennsylvania State Constable j.,t.L..j j'--,i ~ i i ~ ~ J i i i il i 3 ½ East Louther Street APR 26 2002Ilil Carlisle, PA 17013 u Aprit S, Paul Orr, Esquire 50 East High Street Carlisle, PA 17013 RE: Stephen Darhewer vs Tammy Jo Darhower Civil Action - Law No. 02-2019 l~te~t&Rl~: Attempt to serve plaintiff at Hamilton Restaurant. Plaintiff was not there according to owner. Went to last known address: 70 North MiddleWn Road, Carlisle, PA 17013. Defendant not at home served Helen Bouder, grandmother, 4/25/02 at 3:10 PM. Helen Bouder said she would give the document to Tammy Jo Darhower when she comes home. Pr-~48E RK$~T FF~E OF: $ 25.00 Pennsylvania State Constable 3 ~ East Loather Street Carlisle, PA 17013 Phone 717-243-6778 Pager 717-241-7557 Fax 717-243-7937 STEPHEN DARHOWER PLAINTIFF V. TAMMY JO DARHOWER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-2019 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, May 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 21, 2002 at 10:30 ~ 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 defme 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/ .[acqueline M. Verney. 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 ATFORNEY AT ONCE. IF YOU DO NOT HAVE AN ATi'ORNEY 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 STEPHEN DARHOWER, Plaintiff TAMMY JO DAR}lOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 2002-2019 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT 3. parties. AND NOW, this g v * day of ~ ~ ~, ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Stephen Darhower shall have sole legal custody of Jamie Lee Darhower, bom June 26, 1988. Father shall have primary physical custody of the Child. Mother shall have periods of partial physical custody as agreed by the 4. This Order is entered pursuant to Father's request at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc.'~Paul Bradfrod Orr, Esquire, Counsel for F¢ \Tammy Jo Darhower, pro se ~ ~ /T'I 70 N. Middleton Road ~ ~-- Jo STEPHEN DARItOWER, Plaintiff Ve TAMMY JO DARHOWER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-2019 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Jamie Lee Darhower DATE OF BIRTH CURRENTLY IN CUSTODY OF June 26, 1988 shared 2. A Conciliation Conference was held in this matter on May 21, 2002, with the following individuals in attendance: The Father, Stephen Darhower, with his counsel, Paul Bradford Orr, Esquire. Mother did not appear nor did she have counsel appear on her behalf, although she had been served with the complaint and notice of the conference date and time. 3. Father requested an Order in the form as attached. Date ~cqt~lihe M. Vemey, Esquire Custody Conciliator STEPHEN DARHOWER : Plaintiff : TAMMY JO DARHOWER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 2002-2019 CIVIL TERM CML ACTION-LAW .PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 1. The Petition of Petitioner, Tammy Jo Darhower, respectfully represents that on May 24, 2002 an Order of Court was entered for partial physical custody, a true and correct copy of which is attached. 2. This Order should be modified because: a. The mother has been a primary caregiver of the child from his birth. She has: 1.) planned and prepared meals 2.) bathed, groomed and dressed the child 3.) purchased, cleaned and cared for the child's clothing 4.) arranged medical care, including trips to physicians 5.) cared for the child daily b. The child has a psychological bond with Mother; c. The child desires to live with Mother; d. The child has two sisters, both of whom currently reside with Mother; e. Mother continues to provide a stable environment for the child; granting the relief requested. WHEREFORE, Petitioner prays that This The child is enrolled in school at the Lamberton Middle School in the Carlisle School District; Mother was not represented by counsel and failed to attend the custody conciliation conference that was held on May 21, 2002; The current Order of Court was entered without Mother's input or consent; The father has not acted in the child's best interest by denying Mother contact with the child as per the terms of the existing custody order; The best interest and permanent welfare of the child will be served by Honorable Court modify the existing Order of Court to grant shared legal custody and primary physical custody of the child to Petitioner. Respectfully submitted, ABOM & K'UTU~S, LLE Date: November 1, 2002 Kara W. Haggerty, Esquire~q I.D. #86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Tammy Jo Darhower, hereby verify that the facts set forth in the foregoing Petition for Modification of a Partial Custody Order 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. ~4904, relating to unsworn falsification to authorities. Date: Tammy Jo 12Ja/rh~)~ver STEPHEN DARHOWER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA : v. : NO. 2002-2019 CIVIL TERM : TAMMY JO DARHOWER : Defendant : CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW, this 1~t day of November, 2002, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Petition for Modification of a Partial Custody Order upon the Defendant by placing or causing to be placed said copy in the United States Mail, Certified Mail, return receipt requested, to Defendant addressed as follows: Stephen Darhower 4201 Carlisle Road Gardners, PA 17324 Attorney I.D. No. 86914 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ~lttorn~ for Plaintiff STEPHEN DARHOWER, Plaintiff TAMMY JO DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-2019 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this z ~ ~' day of r~ ~ Y ,2002, upon consideration of the attadhed Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Stephen Darhower shall have sole legal custody of Jamie Lee Darhower, bom June 26, 1988. 3. parties. Father shall have primary physical custody of the Child. Mother shall have periods of partial physical custody as agreed by the 4. This Order is entered pursuant to Father's request at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc:~Paul Bradfrod Orr, Esquire, Counsel for F¢ . \Tam my Jo Darho we r, pro se %~~' ~ ~/t~CJ~ 70 N. Middleton Road ~ Carlisle, PA 17013 Jo TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. _ - r_Prothonotary ' STEPHEN DARHOWER, Plaintiff V. TAMMY JO DARHOWER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-2019 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Jamie Lee Darhower DATE OF BIRTH CURRENTLY IN CUSTODY OF June 26, 1988 shared 2. A Conciliation Conference was held in this matter on May 21, 2002, with the following individuals in attendance: The Father, Stephen Darhower, with his counsel, Paul Bradford Orr, Esquire. Mother did not appear nor did she have counsel appear on her behalf, although she had been served with the complaint and notice of the conference date and time. 3. Father requested an Order in the form as attached. Date JAcqffgline M. Vemey, Esquire Custody Conciliator STEPHEN DARHOWER PLAINTIFF TAMMY JO DARHOWER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-2019 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, November 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, December 04, 2002 at 3:30 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 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/ _[acqueline M. Verney, Esq, o/ 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 DEC 2, '7 ZO0 STEPHEN DARHOWER, Plaintiff/Respondent Vo TAMMY JO DARHOWER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-2019 CIVIL TERM :CIVIL ACTION- LAW : : IN CUSTODY ORDER OF COURT NOW, this g ~ day of ~to.~a,~ ,200,i~,~: upon AND consideration of the attached ~sstody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 24, 2002 is hereby vacated. 2. The Mother, Tammy Jo Darhower and the Father, Stephen Darhower, shall have shared legal custody of Jamie Lee Darhower, bom June 26, 1988. 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 this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records. 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. They shall also, in a timely fashion, share information with each other regarding the Child's extracurricular activities, school schedule, homework, and parent-teacher conferences. 2. Beginning December 29, 2002, the parties shall share physical custody of the child on a week on/week off basis. The transfer day and time shall be Sunday at 7:00 p.m. 3. Thanksgiving Day shall be split by the parties. Unless otherwise agreed by the parties, Mother shall always have the Child from 9:00 a.m. to 3:00 p.m. and Father shall always have the Child from 3:00 p.m. to 9:00 p.m. 4. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the Child for Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 5. New Year's Holiday shall be shared and alternated from year to year as follows: For 2002, Father shall have the Child from New Year's Eve at 12:00 noon to New Year's Day at 12:00 noon. Mother shall have the child from 12:00 noon on New Year's Day to 12:00 noon on January 2 or the retum to school whichever is sooner. 6. Easter Day shall be split 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall always have the early time; Mother shall always have the later time. 7. Mother shall have custody of the Child on Mother's Day; Father shall have custody of the Child on Father's Day both from 9:00 a.m. to 7:00 p.m. 8. The parties shall alternate the following holidays from 9:00 a.m. to 7:00 p.m.: Memorial Day, July 4th and Labor Day, with Mother having Memorial Day in 2003. parent. o 10. 11. The parties shall split the child's birthday at times agreed by the parties. Father shall be responsible for transportation. The child is entitled to liberal telephone contact with the non-custodial 12. Neither party shall do nor permit a third party to do, or say anything that would 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. Neither parent shall alienate the child against the other parent or make the child guilty concerning his love for both parents. 13. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms 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 March 12, 2003 at 8:30 a.m. 5~ara W. Haggerty, Esquire, for Mother Paul Bradford Orr, Esquire, for Father Ot-Ooq-o3 BY THE COURT, . Hess, STEPHEN DARHOWER, Plaintiff/Respondent TAMMY JO DARHOWER, Defendant/Petitioner PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-2019 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Jamie Lee Darhower DATE OF BIRTH June 26, 1988 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on December 23, 2002. The Mother, Tammy Jo Darhower, appeared with her counsel, Kara W. Haggerty, Esquire. Father, Stephen Darhower, appeared with his counsel, Paul Bradford Orr, Esquire. 3. A prior Order of Court dated May 24, 2002 was entered by the Honorable Kevin A. Hess granting Father sole legal custody and primary physical custody. This was at the request of Father after Mother failed to appear at the Conciliation Conference. Mother filed a Petition to Modify after the Child began residing with her at the end of October, 2002. 4. The parties agreed to the entry of the Order attached. Date Custody Conciliator