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HomeMy WebLinkAbout94-02957 TODD E, SHAFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JOANN R. STOUFFER, Defendant : NO. 2957 CIVIL 1994 PRAECIPE TO WITHDRAW COMPLAINT FOR CUSTODY TO THE PROTHONOTARY: Please withdraw the Plaintiff's above-captioned Complaint for Custody. ~"J " '{-tU.r(j I)l~;)'-'JZ,L- Paige Ros' i Cenified Legal Intern Attorney for Plaintiff )tJJV/ I't, fJ- Thomas M. Place Supervising Attorney it /;</ h" Date' I Family Law Clinic 45 Nonh Pitt Street Carlisle, PA 17013 (717) 240-5204 TODD E. SHAFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : q4-:;J'/S'1 C-l.,:.{.7Jw~v : NO. CIVIl;-I9'J4 v. JOANN R, STOUFFER, Defendant ORDER OF COURT AND NOW, this ~,\ day of :-T~\n (. ,1994, upon consideration of the attached Complaint for Custody and Petitien r"l Special Relief Pilmuant te Rule 1913.13, it is hereby directed that the parties and their respective counsel appear before, 'H'^ b,'( \ 'J., ,". Ir"( ~:~'onciliator, at 1-/11-. f Joor , Cumberland County Courthouse, on the &1hday of T'" \"/ ,1994, at Ir:>yfJm, , for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in the Complaint for Custody and the PetitieR for Special R...lief Pursuant to Rule lQl<; lJ; 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. FOR THE COURT, ~ ~ t.~ I t75q vrf7~1 ~~ 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4th Floor CARLISLE, PA 17013 717/240-6200 JUN 3 4 16 iH '9~ , : i,'~: ~: j. j!. ~f,Y " y ; ~ ,,', f. '. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . LAW : IN CUSTODY q~-.2q57 Q:v;L : NO. CIVIL 1994 TODD E. SHAFER, Plaintiff JOANN R, STOUFFER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, 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, Office of the Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, Pennsylvania 17013 (717)240-6200 v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY '1<1_ ;2'15'/ Cw'~l ::r.l~ln-'~ : NO. CIVIL 1994 TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant COMPLAINT FOR CUSTODY AND NOW, the plaintiff, Todd E. Shafer, by his attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Todd E, Shafer, residing at 315 Patterson Street, York, York County, Pennsylvania 17403, 2, The defendant is Joann R. Stouffer, residing at 1322 1/2 Spring Road, Apt. B, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff, Todd E. Shafer, seeks primary physical and sole legal custody of the following children: Name Present Residence Al!e Travis Edward Shafer Troy Edward Shafer 315 Patterson St., York, PA 17403 315 Patterson St., York, PA 17403 D.0.B.-3/24/92 2 D.0.B.-6/6/90 3 The children were born out of wedlock. The children are presently in the custody of plaintiff, Todd E. Shafer, who resides at 315 Patterson Street, York, York County, Pennsylvania 17403. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses ~ Plaintiff, Todd E. Shafer, plaintiffs father and step-mother, plaintiffs half-sister and half-brother 315 Patterson St., York, PA 17403 5/26/94-present Todd E. Shafer and 1322 1/2 Spring Rd.. Apt.8, Joann R. Stouffer Carlisle, Pa 17013 3/94-5/26/94 Todd E. Shafer and Joann R. Stouffer 25 S. Pitt St., Apt.3, Carlisle, PA 17013 7/93 - 3/94 Todd E, Shafer and 530 3rd St., ColIege Park, 4/93 - 7/93 and Joann R. Stouffer Carlisle, PA 17013 1/93 - 2/93 Joann R. Stouffer 530 3rd St., ColIege Park, Carlisle, PA 17013 2/94 - 4/94 Todd E, Shafer and Joann R. Stouffer Part time in home of plaintiffs mother, 113 S. Hanover St., Carlisle, PA 17013, part time in home of defendant's mother, 355 8urgners Rd., Carlisle, PA 17013 a few months in 1993 Todd E, Shafer, Joann R. Stouffer and Shawnna N. Stouffer, (Joann R. Stouffer's daughter from a previous relationship) Safe Harbour, High St., Carlisle, PA 17013 1992-1993 Todd E, Shafer, Joann R. Stouffer and plaintiffs mother 113 S, Hanover St., Carlisle, PA 17013 1990-1992 Todd E. Shafer, Joann R, Stouffer and Shawnna N. Stouffer Seattle, Washington 1988-1990 The mother of the children is defendant, Joann R. Stouffer, currently residing at 1322 1/2 Spring Road, Apt.8, Carlisle, Cumberland County, Pennsylvania 17013. She is single. The father of the child is plaintiff, Todd E, Shafer, currently residing at 315 Patterson Street, York, York County, Pennsylvania 17403, He is single, 4, The relationship of the plaintiff, Todd E. Shafer, to the children is that of father, The plaintiff resides with the following persons: NAME RELATIONSHIP Harold Shafer Beverly Shafer Josh and Ashley Shafer Father Step-mother Half-siblings 5. The relationship of defendant, Joann R, Stouffer, to the children is that of mother, The defendant currently resides with the following persons: NAME RELATIONSHIP None 6. Plaintiff, Todd E, Shafer, has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no infonnation 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, 7, The best interest and pennanent welfare of the children will be served by granting the relief requested because: a) Plaintiff and defendant have been primary caretakers of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) Plaintiff is willing to accept custody of the children; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children; e) Defendant has not indicated to plaintiff an interest in accepting custody of the children~ in fact, defendant actually evicted the plaintiff and the children from their home with no prior notice. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action, WHEREFORE, plaintiff requests the court to grant him primary physical and sole legal custody of the children, Travis Edward Shafer and Troy Edward Shafer. Date 6/3, /C)tf , , ~ .----::::> f Zt. {JJtv1L...... PAIGE OSINI Studeni Attorney )~l,dd E l fu.;l\.... LINDA E, FISHER ' Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Complaint for Custody are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904, relating to unsworn falsification to authorities. ~dZ /~L " .,;?./~ ~" ~ Todd E, Shafer ~ Date 4~, 51 /;191/ ~ en >- ,~ ... (s '~ Q ... I-i I'C) ~ ~ ..'-., ,- 11'(, ., ..... ':'J cO c--J -; ~~ ,JUI,l . ': \~dt7\. TODD E, SHAFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY : q 4 - ;J. q S '7 C-~.::r ~vYo^<I : NO. CIVIl. 1994 JOANN R. STOUFFER, Defendant ORDER OF COURT AND NOW, this ~ \f:ay of llA,-/\'994, on consideration of the attached petitioner's Affidavit, leave is granted to the petitioner to proceed in fonna pauperis to the extent that he is relieved of aU costs in this action. By the Court, -, If--- J, ! I I TODD E. SHAFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JOANN R, STOUFFER, Defendant : NO. CIVIL 1994 PETITION TO PROCEED IN FORMA PAUPERIS Todd Shafer, plaintiff in the above titled action, respectfully requests this Honorable Court to grant him leave pursuant to Pa.R.C,P. 240 to proceed in fonna pauperis to the extent that he be relieved of all costs attendant to this action. Date 5 /31/'/4 I I , -' [, (./\/I.C~ C ~.~zJ,~ THOMAS M, PLACE ROBERT E. RAINS LINDA E. FISHER HARVEY A, FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 v, : CIVIL ACTION - LAW : IN CUSTODY TODD E, SHAFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOANN R, STOUFFER, Defendant : NO. CIVIL 1994 ATTORNEY'S AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Paige Rosini, of the Family Law Clinic, attorney for the party petitioning to proceed in fonna pauperis, certify that I believe petitioner is unable to pay the costs of instituting this action and that I am providing free legal service to petitioner, Plaintiffs Affidavit showing inability to pay the costs of litigation is attached hereto. Date f>!J 1 / eN ""7 / ----cz ~ " , I ((..l.-@)' , lie~,^-, PAIGE. SINI Student Attorney I" r- ~T.'I' ,{_c:..-vyj~~ C , rLs-~tIV'-', THOMAS M, PLACE ROBERT E, RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 TODD E. SHAFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JOANN R, STOUFFER, Defendant : NO, CIVIL 1994 AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding, 2, I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Todd E. Shafer Address: 315 Patterson Street, York, PA 17403 Social Security No.: 196.66-5022 (b) Employment If you are presently employed, state Employer: Overnight Trucking Address: Route 11, Mechanicsburg, PA Salary or wages per month: I was just hired and start working on June 1. 1994, Wage = $7,71/hour, hours available vary Type of work: Loading trucks (c) Other income within the past twelve months Business or profession: None Other self-employment: None Interest: None Dividends: None Pension and annuities: None Social security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Workman's compensation: None l. "" Public Assistance: None Other: None (d) Other contributions to household support I am temporarily staying with my father and his family until I can find a place of my own Contributions from children: None Contributions from parents: None Other contributions: None (e) Property owned Cash: None Checking account: Yes, but balance is zero as the defendant has removed all the funds Savings account: None Certificates of deposit: None Real estate (including home): None Motor vehicle: The car that I am driving is titled in the defendant's name, It is a 1981 Oldsmobile Cutlass Supreme and it is paid for. Stocks; bonds: None Other: None (t) Debts and obligations Mortgage: None Rent: Currently none as I have just left my place of residence. I am looking for a place to live so I will have expenses for rent in the near future, Loans: None Other: Food and diapers, $100,QO/week Traffic fines, $2300 (g) Persons dependent upon you for support Travis Edward Shafer Age 2 Troy Edward Shafer Age 3 Other persons: None 4. I understand that I have a contlnumg obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit 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 ,:;WzP'd{ .l?9~ ~ ~ ~ /:.L~ Todd E. Shafer -::r C7'J -t:: - -:: >-,.. ~. ~ ,'.')> --. .,. ... 'J '. GJ ....., or -=' -.. ., JUN - 1 m4d~ TODD E, SHAFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY 9'1- - :01. 'i ,C; '7 Cv~ -7 <<-V>v'V NO. CIVIL 1994 v, JOANN R, STOUFFER, Defendant ORDER OF COURT RE: SPECIAL RELIEF AND NOW, this day of , upon presentation and consideration of the within Petition, it is hereby ordered that petitioner's request for special relief is granted. Temporary physical and legal custody of Travis Edward Shafer and Troy Edward Shafer is granted to plaintiff/petitioner, Todd E. Shafer, Plaintiff also shall be allowed to enter defendant's place of residence for the sole purpose of removing his and the children's personal property, This order shall remain in effect pending further order of this court. By the Court, J, 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR CARLISLE, PENNSYLVANIA 17013 717/240-6200 , - TODD E. SHAFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY q.,. - 2. q S 7 ~.:.f.. .:r.~,,-, NO. CIVIL 1994 v. JOANN R. STOUFFER, Defendant PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 Plaintiff, Todd E. Shafer, by and through his attorneys, the Family Law Clinic, petitions this court for special relief pursuant to Pa, R.C,P. 1915,13 for temporary custody of the parties' children, Travis Edward Shafer and Troy Edward Shafer, and avers in support thereof as follows: I, Plaintiff repeats and realleges paragraphs I through 8 of the attached Complaint for Custody, 2. On or about May 26, 1994, defendant told plaintiff and the children to leave their place of residence, for which she has a lease, after an ongoing argument concerning another man she is seeing. Plaintiff and the children went to stay with the plaintiffs father and stepmother in York, Pennsylvania, where they currently remain. 3. Defendant has not allowed plaintiff to reenter the place of residence to retrieve items necessary for the proper care of the children. 4. The lease to the place of residence is in defendant's name only and the landlords have infonned plaintiff that he will not be admitted into the residence, 5, Defendant has been acting irrationally and plaintiff does not know what defendant might do with regard to the children, WHEREFORE, plaintiff respectfully requests this court to grant plaintiffs request for special relief by: granting him temporary physical and legal custody of the children, Travis Edward Shafer and Troy Edward Shafer pending further order of this court, and allowing him to enter the residence leased by the defendant for the sole purpose of removing his personal property and that of the children so that he may be able to properly care for the children, Date,}31 jq4 I I L.uvvdbc t- ,FLee;,/L~ LINDA E, FISHER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 -Co ~ en -'=i N "J ". ?;~. , ,- t. ," ~.:O /"'-,' ?; , JON - 1 m461 - - "" v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY q 'f - ;J. ''is '7 & ~ ,:"'l. ..:r.vv...- NO, CIVIL 1994 TODD E, SHAFER. Plaintiff JOANN R. STOUFFER. Defendant ORDER OF COURT RE: SPECIAL RELIEF AND NOW, this day of , upon prescntation and consideration of the within Petition, it is hercby ordcrcd that pctitioner's rcqucst for special relief is granted, Temporary physical and legal custody of Travis Edward Shafcr and Troy Edward Shafer is granted to plaintiff/petitioner, Todd E. Shafer, Plaintiff also shall be allowed to enter defendant's placc of residence for the sole purpose of removing his and the children's personal property, This order shall remain in effect pending further order of this court. By the Court, J. 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR CARLISLE. PENNSYLVANIA 17013 717/240-6200 ':'}~,...., ov-' TODD E. SHAFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW IN CUSTODY 9'1--.:2~ 51 e.,..;.;.p-7~ NO. CIVIL 1994 JOANN R, STOUFFER, Defendant PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 Plaintiff, Todd E. Shafer, by and through his attorneys, the Family Law Clinic, petitions this court for special relief pursuant to Pa. R,C.P. 1915.13 for temporary custody of the parties' children, Travis Edward Shafer and Troy Edward Shafer, and avers in support thereof as fol1ows: 1. Plaintiff repeaLS and realleges paragraphs 1 through 8 of the attached Complaint for Custody. 2, On or about May 26, 1994, defendant told plaintiff and the children to leave their place of residence, for which she has a lease, after an ongoing argument concerning another man she is seeing. Plaintiff and the children went to stay with the plaintiffs father and stepmother in York, Pennsylvania. where they currently remain. 3. Defendant has not al10wed plaintiff to reenter the place of residence to retrieve items necessary for the proper care of the children, 4, The lease to the place of residence is in defendant's name only and the landlords have informed plaintiff that he will not be admitted into the residence. 5. Defendant has been acting irrational1y and plaintiff does not know what defendant ~ might do with regard to the children. WHEREFORE, plaintiff respectfully requests this court to grant plaintiffs request for special relief by: granting him temporary physical and legal custody of the children, Travis Edward Shafer and Troy Edward Shafer pending further order of this court, and allowing him to enter the residence leased by the defendant for the sole purpose of removing his personal property and that of the children so that he may be able to properly care for the children. Date ~ J, I I <i ,I :,J ., I I ~ ! .' ,!t,'- J_.L'V\cJ: d E F- l.;.~ (~ \ _ LINDA E. FISHER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 r:....'.. . - COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS, I verify that the statements made in this Petition for Special Relief Pursuant to Pa.R.C,P, 1915.13 are true and correct to the best of my personal knowledge and belief, I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904. relating to unsworn falsification to authorities. ~ezdd~' . Todd E. Shafer /" Date ~/.~~ ,C?( /9y<./ '" , :I!I~,' .. j ~ dl\. ,. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY 94-- Jr;s1 d~';'( J~V>,.... NO. GIVIL 1994 TODD E, SHAFER, Plaintiff JOANN R, STOUFFER, Defendant ORDER OF COURT RE: SPECIAL RELIEF AND NOW, this day of , upon presentation and consideration of the within Petition, it is hereby ordered that petitioner's request for special relief is granted, Temporary physical and legal custody of Travis Edward Shafer and Troy Edward Shafer is granted to plaintiff/petitioner, Todd E. Shafer, Plaintiff also shall be allowed to enter defendant's place of residence for the sole purpose of removing his and the children's personal property. This order shall remain in effect pending further order of this court. By the Court, ], 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR CARLISLE, PENNSYLVANIA 17013 717/240-6200 . ' TODD E, SHAFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW IN CUSTODY q'l - oJ. ~ s '1 c...,"~( J J.lV,,--- NO, CIVIL 1994 JOANN R, STOUFFER, Defendant PETITI N F R PECIAL RELIEF PURSUANT TO RULE 1 15,13 Plaintiff, Todd E. Shafer, by and through his attorneys, the Family Law Clinic. petitions this court for special relief pursuant to Pa, R,C,P, 1915,13 fortemporary custody of the parties' children, Travis Edward Shafer and Troy Edward Shafer, and avers in support thereof as fo\1ows: 1. Plaintiff repeats and rea\1eges paragraphs I through 8 of the attached Complaint for Custody. 2, On or about May 26, 1994, defendant told plaintiff and the children to leave their place of residence. for which she has a lease, after an ongoing argument concerning another man she is seeing. Plaintiff and the children went to stay with the plaintiff's father and stepmother in York, Pennsylvania. where they currently remain. 3. Defendant has not a\1owed plaintiff to reenter the place of residence to retrieve items necessary for the proper care of the children, 4, The lease to the place of residence is in defendant's name only and the landlords have informed plaintiff that he will not be admitled into the residence. 5, Defendant has been acting irrationa\1y and plaintiff does not know what defendant might do with regard to the children, WHEREFORE, plaintiff respectful1y requests this court to grant plaintiffs request for special relief by: granting him temporary physical and legal custody of the children, Travis Edward Shafer and Troy Edward Shafer pending further order of this court, and al10wing him to enter the residence leased by the defendant for the sole purpose of removing his personal property and that of the children so that he may be able to properly care for the children, Date ,/;I!L14 1 ' , ' LLv..d)/c t- , Fl.s ( \.- LINDA E. FISHER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 7171240-5204 . . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Pctition for Special Relief Pursuant to Pa.R,C,P, 1915.13 are true and correct to the best of my personal knowledge and belief, I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904, relating to unsworn falsification to authorities. \ / /- .' Ji.--- '/~ ~ < / . 7' . -. ~... ,';,r4&:' ,:::...JA ='~..;. ." '(.1.. ... -' ....--._- . Todd E. Shafer . Datc / '/ ..,I-:......~._// , ..' ;~ c' .:>'} .' ~ . . ,"'" - l1n'..1 I h, ~'al"- r TODD E, SHAFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY v, JOANN R. STOUFFER, Defendant NO. CIVIL 1994 ORDER OF COURT RE: SPECIAL RELIEF AND NOW, this day of , upon presentation and consideration of the within Petition, it is hereby ordered that petitioner's requesr ior special relief is granted. Temporary physical and legal custody of Travis Edward Shafer and Troy Edward Shafer is granted to plaintiff/petitioner, Todd E. Shafer, Plaintiff also shall be allowed to enter defendant's place of residence for the sole purpose of removing his and the children's personal property. This order shall remain in effect pending further order of this court. By the Court, J. 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR CARLISLE, PENNSYLVANIA \7013 717/240-6200 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY TODD E. SHAFER, Plaintiff JOANN R, STOUFFER, Defendant NO. CIVIL 1994 PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915,13 Plaintiff, Todd E, Shafer, by and through his attorneys, the Family Law Clinic, petitions this court for special relief pursuant to Pa. R.C,P. 1915.13 for temporary custody of the parties' children, Travis Edward Shafer and Troy Edward Shafer, and avers in support thereof as follows: 1. Plaintiff repeats and realleges paragraphs 1 through 8 of the attached Complaint for Custody. 2. On or about May 26, 1994, defendant told plaintiff and the children to leave their place of residence, for which she has a lease, after an ongoing argument concerning another man she is seeing. Plaintiff and the children went to stay with the plaintiff's father and stepmother in York, Pennsylvania, where they currently remain. 3. Defendant has not allowed plaintiff to reenter the place of residence to retrieve items necessary for the proper care of the children, 4, The lease to the place of residence is in defendant's name only and the landlords have informed plaintiff that he will not be admitted into the residence. 5, Defendant has been acting irrationally and plaintiff does not know what defendant might do with regard to the children, WHEREFORE, plaintiff respectfully requests this court to grant plaintiffs request for special relief by: granting him temporary physical and legal custody of the children. Travis Edward Shafer and Troy Edward Shafer pending further order of this court, and allowing him to enter the residence leased by the defendant for the sole purpose of removing his personal property and that of the children so that he may he able to properly care for the children, Date 5 J ;/(;itj ! /-:I ,.~ " ~t~ijO~IN') .~i it.'- Student Attorney ) , . t ;.:- " f,. , I.-J' - __L ".~\-,'- l,;,.,Lt.. ,- LINDA E, FISHER Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 I L , i , 11 , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Petition for Special Relief Pursuant to Pa.R,C,P. 1915,13 are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904. relating to unsworn falsification to authorities. ~a~~' . Todd E. Shafer ".'" Date /Yf.~y . ~ /.;'9,v" v v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION.LAW IN CUSTODY TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant NO. CIVIL 1994 PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 Plaintiff, Todd E. Shafer, by and through his attorneys, the Family Law Clinic. petitions this coun for special relief pursuant to Pa. R.C.P. 1915.13 for temporary custody of the panies' children. Travis Edward Shafer and Troy Edward Shafer. and avers in suppon thereof as follows: 1. Plaintiff repeats and realleges paragraphs I through 8 of the attached Complaint for Custody. 2. On or about May 26. 1994. defendant told plaintiff and the children to leave their place of residence, for which she has a lease, after an ongoing argument concerning another man she is seeing. Plaintiff and the children went to stay with the plaintiffs father and stepmother in York. Pennsylvania, where they currently remain. 3. Defendant has not allowed plaintiff to reenter the place of residence to retrieve items necessary for the proper care of the children. 4. The lease to the place of residence is in defendant's name only and the landlords have informed plaintiff that he will not be admitted into the residence. 5. Defendant has heen acting irrationally and plaintiff does not know what defendant ........._...a might do with regard to the children. WHEREFORE, plaintiff respectfully requests this court to grant plaintiffs request for special relief by: granting him temporary physical and legal custody of the ehildren. Travis Edward Shafer and Troy Edward Shafer pending further order of this court, and allowing him to enter the residence leased by the defendant for the sole purpose of removing his personal property and that of the children so that he may be able to properly care for the children. Date :5 /.;/ fLi4 ! i Lt.-'vI.Cf!..-.:: 1::- . h~: ( ~_ UNDA E. FISHER Supervising Attorney FAMILY LAW CUNIC 45 NoM Pitt Street Carli~le. PA 17013 717/240-5204 " COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Petition for Special Relief Pursuant to Pa.R.C.P, 1915.13 are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904. relating to unsworn falsification to authorities, ......./. /,~// /fZ." /" -., ~"~. ;"':l"4a~L .~~. -~.'" '-'~-- Todd E, Shafer .' / Date /' .' ,,' ~,~. d( /...:;.;,.~/' TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW IN CUSTODY NO. CIVIL 1994 NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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. Office of the Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, Pennsylvania 17013 (717)240-6200 TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN CUSTODY : NO. CIVIL 1994 COMPLAINT FOR CUSTODY AND NOW, the plaintiff, Todd E. Sharer, by his attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Todd E. Shafer, residing at 315 Patterson Street, York, York County, Pennsylvania 17403. 2. The defendant is Joann R. Stouffer, residing at 1322 1/2 Spring Road, Apt. B, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaimiff, Todd E. Shafer, seeks primary physical and sole legal custody of the following children: Name Travis Edward Shafer Troy Edward Sharer Present Residence A_.gg 315 Patterson St., York, PA 17403 D.O.B.-3/24/92 2 315 Patterson St., York, PA 17403 D.O.B.-6/6/90 3 The children were born out of wedlock. The children are presently in the custody of plaintiff, Todd E. Shafer, who resides at 315 Patterson Street, York, York County, Pennsylvania 17403. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Plaintiff, Todd E. Sharer, plaintiff's father and step-mother, plaintiff's half-sister and half-brother 315 Patterson St., York, PA 17403 5/26/94-present Todd E. Sharer and Joann R. Stouffer 1322 1/2 Spring Rd., Apt. B, Carlisle, Pa 17013 3/94-5/26/94 Todd E. Sharer and Joann R. Stouffer 25 S. Pitt St., Apt.3, Carlisle, PA 17013 7/93 - 3/94 Todd E. Shafer and Joann R. Stouffer 530 3rd St., College Park, Carlisle, PA 17013 4/93 - 7/93 and 1/93 - 2/93 Joann R. Stouffer 530 3rd St., College Park, Carlisle, PA 17013 2/94 - 4/94 Todd E. Sharer and JoannR. Stouffer Part time in home of plaintiff's mother, 113 S. Hanover St., Carlisle, PA 17013, part time in home of defendant's mother, 355 Burgners Rd., Carlisle, PA 17013 a few months in 1993 Todd E. Sharer, Joann R. Stouffer and Shawnna N. Stouffer, (Joann R. Stouffer's daughter from a previous relationship) Safe Harbour, High St., Carlisle, PA 17013 1992-1993 Todd E. Shafer, Joann R. Stouffer and plaintiff's mother 113 S. Hanover St., Carlisle, PA 17013 1990-1992 Todd E. Sharer, Joann R. Stouffer and Shawnna N. Stouffer Seattle, Washington 1988-1990 The mother of the children is defendant, Joann R. Stouffer, currently residing at 1322 1/2 Spring Road, Apt. B, Carlisle, Cumberland County, Pennsylvania 17013. She is single. The father of the child is plaintiff, Todd E. Sharer, currently residing at 315 Patterson Street, York, York County, Pennsylvania 17403. He is single. 4. The relationship of the plaintiff, Todd E. Shafer, to the children is that of father. The plaintiff resides with the following persons: NAME RELATIONSHIP Harold Shafer Father Beverly Shafer Step-mother Josh and Ashley Shafer Half-siblings 5. The relationship of defendant, Joann R. Stouffer, to the children is that of mother. The defendant currently resides with the following persons: NAME RELATIONSHIP None 6. Plaintiff, Todd E. Sharer, has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff and defendant have been primary caretakers of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) Plaintiff is willing to accept custody of the children; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children; e) Defendant has not indicated to plaintiff an interest in accepting custody of the children,' in fact, defendant actually evicted the plaintiff and the children from their home with no prior notice. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant him primary physical and sole legal custody of the children, Travis Edward Shafer and Troy Edward Sharer. Date b~/3 ~/q q Student Attorney LINDA E. FISHER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Complaint for Custody are tree and correct to the best of my personal knowledge 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. TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. CIVIL l~ ORDER OF COURT AND NOW, this ~/-~ day of ."~,xr~ C- , 1994, upon consideration of the attached Complaint for Custody and Pctition for Special Rolief Pursuant to Rule 1915.13, it is hereby directed that the parties and their respective counsel appear before, the conciliator, at q '~x floor , Cumberland County Courthouse, , ',9 on the ~day of -J%, I~[ , 1994, at 8:,~ tn., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in the Complaint for Custody and the I~tition for Special Relief r~rm~ant to Rule 1015.13; 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. FOR THE COURT, Custody Conci iator 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4th Floor CARLISLE, PA 17013 717/240-6200 TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendam : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .' : CIVIL ACTION - LAW : IN CUSTODY t994 PETITION ~ PAUPERIS Todd Shafer, plaintiff in f ~fD~t~Dcr~ 0t~-~ £fully requests this Honorable Court to grant him leave pursuant to Pa.R.C.P. 240 to proceed in forma pauperis to the extent that he be relieved of all costs attendant to this action. Date Student Attorney THOMAS M. PLACE ROBERT E. RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. CIVIL 1994 ATTORNEY'S AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FOP, MA PAUPERIS I, Paige Rosini, of the Family Law Clinic, attorney for the party petitioning to proceed in forma pauperis, certify that I believe petitioner is unable to pay the costs of instituting this action and that I am providing free legal service to petitioner. Plaintiff's Affidavit showing inability to pay the costs of litigation is attached hereto. Date ~-/,~/~ Q *] p~GEtg. X~S~iN~~ Student Attorney THOMAS M. PLACE ROBERT E. RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. CIVIL 1994 AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) (b) (c) Name: Todd E. Sharer Address: 315 Patterson Street, York, PA 17403 Social Security No.: 196-66-5022 Employment If you are presently employed, state Employer: Overnight Trucking Address: Route 11, Mechanicsburg, PA Salary or wages per month: I was just hired and start working on June 1, 1994. Wage = $7.71/hour, hours available vary Type of work: Loading trucks Other income within the past twelve months Business or profession: None Other self-employment: None Interest: None Dividends: None Pension and annuities: None Social security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Workman's compensation: None (d) (e) (g) Public Assistance: None Other: None Other contributions to household support I am temporarily staying with my father and his family until I can find a place of my own Contributions from children: None Contributions from parents: None Other contributions: None Property owned Cash: None Checking account: Yes, but balance is zero as the defendant has removed all the funds Savings account: None Certificates of deposit: None Real estate (including home): None Motor vehicle: The car that I am driving is titled in the defendant's name. It is a 1981 Oldsmobile Cutlass Supreme and it is paid for. Stocks; bonds: None Other: None Debts and obligations Mortgage: None Rent: Currently none as I have just left my place of residence. I am looking for a place to live so I will have expenses for rent in the near future. Loans: None Other: Food and diapers, $100.00/week Traffic fines, $2300 Persons dependent upon you for support Travis Edward Sharer Age 2 Troy Edward Shafer Age 3 Other persons: None I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. I verify that the statements made in this affidavit are tree 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. TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY 94- gsq NO. C~V!L !99~. ORDER OF COURT AND NOW, this x~ ~N/~ay of ~, 1994, on consideration of the attached petitioner's Affidavit, leave is granted to the petitioner to proceed in forma pauperis to the extent that he is relieved of all costs in this action. By the Court, TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. CIVIL 1994 PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 Plaimiff, Todd E. Shafer, by and through his attorneys, the Family Law Clinic, petitions this court for special relief pursuant to Pa. R.C.P. 1915.13 for temporary custody of the parties' children, Travis Edward Shafer and Troy Edward Sharer, and avers in support thereof as follows: 1. Plaintiff repeats and realle§es paragraphs 1 through 8 of the attached Complaint for Custody. 2. On or about May 26, 1994, defendam told plaintiff and the children to leave their place of residence, for which she has a lease, after an ongoing argument concerning another man she is seeing. Plaintiff and the children went to stay with the plaintiff's father and stepmother in York, Pennsylvania, where they currently remain. 3. Defendant has not allowed plaintiff to reenter the place of residence to retrieve items necessary for the proper care of the children. 4. The lease to the place of residence is in defendant's name only and the landlords have informed plaintiff that he will not be admitted into the residence. 5. Defendant has been acting irrationally and plaintiff does not know what defendant might do with regard to the children. WHEREFORE, plaintiff respectfully requests this court to grant plaintiff's request for special relief by: granting him temporary physical and legal custody of the children, Travis Edward Sharer and Troy Edward Sharer pending further order of this court, and allowing him to enter the residence leased by the defendant for the sole purpose of removing his personal property and that of the children so that he may be able to properly care for the children. LINDA E. FISHER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240- 5204 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statemems made in this Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 are tree and correct to the best of my personal knowledge 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. TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. CIVIL 1994 PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 Plaintiff, Todd E. Shafer, by and through his attorneys, the Family Law Clinic, petitions this court for special relief pursuant to Pa. R.C.P. 1915.13 for temporary custody of the parties' children, Travis Edward Shafer and Troy Edward Shafer, and avers in support thereof as follows: 1. Plaintiff repeats and realleges paragraphs 1 through 8 of the attached Complaint for Custody. 2. On or about May 26, 1994, defendant told plaintiff and the children to leave their place of residence, for which she has a lease, after an ongoing argument concerning another man she is seeing. Plaintiff and the children went to stay with the plaintiff's father and stepmother in York, Pennsylvania, where they currently remain. 3. Defendant has not allowed plaintiff to reenter the place of residence to retrieve items necessary for the proper care of the children. 4. The lease to the place of residence is in defendant' s name only and the landlords have informed plaintiff that he will not be admitted into the residence. 5. Defendant has been acting irrationally and plaintiff does not know what defendant might do with regard to the children. WHEREFORE, plaintiff respectfully requests this court to grant plaimiff's request for special relief by: granting him temporary physical and legal custody of the children, Travis Edward Shafer and Troy Edward Shafer pending further order of this court, and allowing him to enter the residence leased by the defendant for the sole purpose of removing his personal property and that of the children so that he may be able to properly care for the children. D ate PA/GE ,~I~SINI Student ~.ttorney LINDA E. FISHER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 are tree and correct to the best of my personal knowledge 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. Todd E. Shafer ~ ~ Date TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. CIVIL 1994 PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 Plaintiff, Todd E. Sharer, by and through his attorneys, the Family Law Clinic, petitions this court for special relief pursuant to Pa. R.C.P. 1915.13 for temporary custody of the parties' children, Travis Edward Shafer and Troy Edward Sharer, and avers in support thereof as follows: 1. Plaintiff repeats and realleges paragraphs 1 through 8 of the attached Complaint for Custody. 2. On or about May 26, 1994, defendant told plaintiff and the children to leave their place of residence, for which she has a lease, after an ongoing argument concerning another man she is seeing. Plaintiff and the children went to stay with the plaintiff's father and stepmother in York, Pennsylvania, where they currently remain. 3. Defendant has not allowed plaintiff to reenter the place of residence to retrieve items necessary for the proper care of the children. 4. The lease to the place of residence is in defendant's name only and the landlords have informed plaintiff that he will not be admitted into the residence. 5. Defendant has been acting irrationally and plaintiff does not know what defendant might do with regard to the children. WHEREFORE, plaintiff respectfully requests this court to gram plaintiff's request for special relief by: granting him temporary physical and legal custody of the children, Travis Edward Sharer and Troy Edward Sharer pending further order of this court, and allowing him to enter the residence leased by the defendam for the sole purpose of removing his personal property and that of the children so that he may be able to properly care for the children. Date PAIGE I~OSINI Student Attorney LINDA E. FISHER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statemems made in this Petition for Special Relief Pursuant to Pa.R.C.P, 1915.13 are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. CIVIL 1994 PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 Plaintiff, Todd E. Shafer, by and through his attorneys, the Family Law Clinic, petitions this court for special relief pursuant to Pa. R.C.P. 1915.13 for temporary custody of the parties' children, Travis Edward Sharer and Troy Edward Sharer, and avers in support thereof as follows: 1. Plaintiff repeats and realleges paragraphs 1 through 8 of the attached Complaint for Custody. 2. On or about May 26, 1994, defendant told plaintiff and the children to leave their place of residence, for which she has a lease, after an ongoing argument concerning another man she is seeing. Plaintiff and the children went to stay with the plaintiff's father and stepmother in York, Pennsylvania, where they currently remain. 3. Defendant has not allowed plaintiff to reenter the place of residence to retrieve items necessary for the proper care of the children. 4. The lease to the place of residence is in defendant's name only and the landlords have informed plaintiff that he will not be admitted into the residence. 5. Defendant has been acting irrationally and plaintiff does not know what defendant might do with regard to the children. WHEREFORE, plaintiff respectfully requests this court to gram plaimiff's request for special relief by: granting him temporary physical and legal custody of the children, Travis Edward Shafer and Troy Edward Sharer pending further order of this court, and allowing hun to enter the residence leased by the defendant for the sole purpose of removing his personal property and that of the children so that he may be able to properly care for the children. Date PAIGE ,~I~SINI Student ]tttomey LINDA E. FISHER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Todd E. Shafer .? TODD E. SHAFER, Plaintiff JOANN R. STOUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2957 CIVIL 1994 PRAECIPE TO WITHDRAW COMPLAINT FOR CUSTODY TO THE PROTHONOTARY: Please withdraw the Plaintiff's above-captioned Complaim for Custody. Paige Rositai/ Certified Legal Intern Attorney for Plaintiff Thomas M. Place Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 240-5204