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HomeMy WebLinkAbout94-02994 I i i I , I , I i . i \ , c , ~ r S i ~ 1 I \J5 I .' c ~ ~ 0) - . - , ' . ....{ a [' (..J..L~;';" -;;?~(-r J: ! ~ , , -~- \ ~ (~ ~/I t..<..&,-- , } ~ ~ (;,/, ''-~ Prolhonolary I';' ~ ~ ~ v ~------.--._-,,----.-- - -...-..-_---._-._-,.---------...-.-.....----_-.-......~----,., ....'._......,.-...-----~.~-.-..._.,...-~----.....-.......--_..,.._- . ~~ ~~~~**~~*~~~-~~**-********~~~~. ~ , S ~ i ~.' ~ ,.' 8 s w ~.' ~ y .. .. W 0;' - PENNA. STATE OF i '.' 8 w '.' ANTHONY T. STEVENSON, ," ~ II II N II. ,..~??,~.........., ~.~~~.~.... 19 94 ~ I.'; ~ ~ ~ ~ f. ~ ,', ~ ~ '", , .. " ~ ;~ ~ ~ ~ i ~.~ ,.; ~ ,', ~ i ... ~ '.' ~ '.' i ... ~ '.' ;'. ~ plaintiff ~ '.' .,.....,.......,..... d n M ,.' Verslls AUDREY E. STEVENSON, :; :I ....,.....,....".., :1 " d ~ ~.' .. ............... ......... Defendant i ... ,', ~ ," ~ ,> i '.' DECREE IN AND NOW.~~~~~ l~(~'~~e~ ~n~ A ANTHONY T. STEVENSON . , decreed that ......,.........................................., plaintiff, AUDREY E. STEVENSON and. . .. . . . .. . . . . . . . . . . . . , . . . .. . ,. . . . . . . . .. .. .. . . . . . . . . . . . . . " defendant, are divorced from the bonds of matrimony, w '.' Q ... ~ ,; V. ~.' ~ ~ ,'~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; NONE .. ... ....................... ... ............... ..... ... .... ........ ... ....., ~ " ,/~... ....... ~ . .:;.~ r ~ ; ! : ., " ......."... -"" " '-. .# ..~ ./ - .0 : ". ; , . .!: :"": : .......,... .... ... ........ .... .... ........ .... .0. ...... ~ ~ ':> '. &n........i't ~ IV"a..'" .. ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE v. AUDREY E. STEVENSON, Defendant : NO. 94 - 2994 CIVIL TERM pRAECIPE TO TRANSMIT RECORD To the Prothonotary: Tmnsmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: June 15, 1994, United States rnail, certified, restricted delivery, return receipt requested, postage prepaid, 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff September 13, 1994, filed September 27, 1994; by the defendant September 15, 1994, filed September 27, 1994. 4. Related claims pending: none. Date 'I /.J 1- / (N , , ('---.... . , " "> / _J ,'I'-n.-. I' i' !){;.~< ........... Paige Rosl/ii Certified Legal Intern f:!tRaf'~ Thomas M. Place Supervising Altorney FAMILY LAW CUNIC 45 North Pilt Street Carlisle, PA 17013 717/240-5204 ." . JUN 0319~ ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY AUDREY E. STEVENSON, Defendant ~ NO~9?rCIVIL 1994 ORDER OF COURT t1f- I. ~ AND NOW, this C( day of 't^~", 1994, on consideration of the attached petitioner's Affidavit, leave is gmnted to the petitioner to proceed in forma pauperis to the extent that he is relieved of all costs in this action. By the Court, 1/cu{E JU , ANTHONY T. STEVENSON Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY v. AUDREY E. STEVENSON Defendant : NO. CIVIL 1994 AFFIDA VIT 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: Anthony T. Stevenson Address: 704 Erford Road, Camp Hill, PA 17011 Social Security No.: 210-60-6693 (b) Employment If you are presently unemployed, state Date of last employment: December, 1993 Salary or wages per month: $8oo.oo/month Type of work: Fork lift operator (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: $301.oo/month for the months of December, 1993 January and February, 1994. Presently, I receive $87,00 each month. Unernployment compensation and supplemental benefits: None Workman's compensation: None Public Assistance: None Other: None (d) Other contributions to household support Contributions from children: None Contributions from parents: My parents are currently allowing my to stay in their home and allowing my to use their utilities. Other contributions: None (e) Property owned Cash: None Checking account: None Savings account: None Certificates of deposit: None Real estate (including home): None Motor vehicle: None Stocks; bonds: None Other: None (t) Debts and obligations Mortgage: None Rent: I do not pay rent right now, but my parents will require some sort of rent once I get back on my feet. Loans: I have a student loan. I am required to pay $50.oo/month, but I am currently on a medical deferrment. Other; Support payment of $74.oo/week. I am not working because of medical reasons so it is currently not being enforced, Medical bills: $582.00 at Harrisburg Hospital $1007.00 at Holy Spirit Hospital Telephone past due: $83.00 (g) Persons dependent upon you for support K.C.Lee Stevenson 4. 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. 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. DateJJl~ t /If.~ ~ JUN 03 ~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE. CUSTODY 94 - :J.99J./. c:.l/,J Term : NO. CIVIL 1994 ANTHONY T. STEVENSON, Plaintiff AUDREY E. STEVENSON, Defendant ORDER OF COURT AND NOW, this ?'\ day of J'-1'1r. , 1994, upon considemtion of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, ~..s r~'i 6~~ 1\1. IJI iJ c:;.J. ~OYh'" ~ .."'...~I (,. II-- ,the conciliator, at , Cu...bc.hmlll.:Ounty \..ourllluuse, on the l~t/..day of ::7~11\I' 1994, at3 1'-" m., 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 accornplished, to define and narrow the issues to be heard by the court, and to enter into a tempomry 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 tempomry or permanent order. FOR THE COURT, -d~.l L jhJ_'62- I:"SC(. Custody Conciliator -p~/ 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 . ~ r IGf: 0i : tIO~~;r^r.y Cl:Hi;r \'....IIIJ c!'~;~nY :'~'!;~,~ ',_"}I..-,'! JUH 3 2 56 PH 19~ . ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE. CUSTODY 9l/- J99t/ c.'.I,/ Te.rl'l : NO. CIVIL 1994 v, AUDREY E. STEVENSON, 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 decree of divorce or annulment may be entered against you by the court. A judgment may also 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. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse. Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Court Administmtor Cumberland County Courthouse Carlisle. PA 17013 717/240-6200 . 7. The marriage is irretrievably broken. 8. Plaintiff avers that defendant, in violation of her marriage vows under the laws of the Commonwealth of Pennsylvania, has offered such indignities to the person of the plaintiff, her injured and iooocent spouse, as to render the condition of the plaintiff intolerable, and life burdensome. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage, COUNT II. CUSTODY 10. Plaintiff repeats and reaUeges pamgraphs one through nine. 11. Plaintiff seeks partial physical and shared legal custody of the following child: Name Present Address Al!e K.C.Lee Stevenson 7 Adams Street, 3rd Floor, Enola, PA 17025 18 months D.O.B. 12/1192 The child is presently in the custody of defendant, Audrey E. Stevenson, who resides at 7 Adams Street, Third Floor, Enola, Peoosylvania 17025. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses ~ Audrey E. Stevenson 7 Adams St., Enola, PA 17025 2/94 - present Audrey E. Stevenson, Raymond and Gail Varner, 44 Gmnt St., Enola, PA 17025 (Audrey's parents) 5/93 - 2/94 Audrey E. Stevenson and Anthony T. Stevenson 3124 Walnut St., Harrisburg, PA 17109 10/92 - 5/93 The mother of the child is Audrey E. Stevenson, currently residing at 7 Adams Street, Third Floor, Enola, Pennsylvania 17025. She is married. The father of the child is Anthony T. Stevenson, currently residing at 704 Erford Road, Camp Hill, Pennsylvania 17011. He is married. 12. The relationship of the plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Name Relationshio Nan Stevenson Bobbie Stevenson Parents 13. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationshio K.C.Lee Stevenson Daughter 14. The plaintiff, Anthony T. Stevenson, 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. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff is willing to accept custody of the child; b) Both the plaintiff and the defendant have indicated an interest in accepting custody of the child; c) Defendant has denied plaintiff access to the child despite repeated requests by plaintiff to visit with the child. 16. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE. plaintiff, Anthony T. Stevenson, requests the court to grant him partial physical and shared legal custody of the child. Date~ -n '~ -' V fl, ~ ()-<lA., 1M--' Paige Ros' i Student Altorney )i1t!.AY- Thomas M. Pace Robert E. Rains Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 ":I'" en - ~:o- ~~ w"'-::i...r (.);':0- ::of..>~ l...i..:::n> C''::''';.::::-J . \.~ ~ .~- .,,:""'Jf.~ _,~ ~._:';:(;~B ~':1::(..;.,. ::> tiC .\ .~ I I /j ,1 , '.~ :z:: "'- c::> Q '" - Ion 'j "-,! g ~ .0: ~~ M on ~ 0 >-1~ <I' . ~ .. P. ~i5g: I~ . ~ W 0 - ~ l!) <;:!; ~~f~~ ~ ~~~~~ ~i VI ~>'l ~ 0 .t) i3~~~~ . 8 ""S ~p l:l8~tJ~ l: ~ ..... . Q) ~ ffi 3~~~ ~ .o:lt:m E-o III lol'" ~ ~7 ... i:j2l 8 g:::~ lZP. I ~H Sl ~~ ~ ~ - 0- VI o~ ~!tJ~~ !!! "'If> o ~ t<. 0 ;1 , " '~ r !' i I I 1 -' I' . ' ;,:t ~::'.l \' , . . . , '. .. , , ,ANTHONY T. STEVENSON, . plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA . . va. : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY ,'AUDREY E. STEVENSON, Defendant : : NO. 94-2994 CIVIL 1994 NOTICB T 0 D B P B N D You have been sued in court. If you wish to defend against the i 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 decree of divorce or annulment may be entered against you by the court. A judgment may also 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. ~ ; When the ground for the divorce is indignities or :' irretrievable breakdown of the marriage, you may request marriage . counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland county Court House 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS ,GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO !i '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. Court Administrator Cumberland county Court House Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 " ! 'I " , , ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY 1 i AUDREY E. STEVENSON, Defendant . . : NO. 94-2994 CIVIL 1994 I ANSWER " ~ I Defendant, Audrey E. Stevenson, by her attorney, Mary A. Etter, : Dissinger, Esquire, files the following Answer and respectfully ! represents that: COUNT I. ,; DIVORCE UNDER 23 Pa.C.S. SECTION 3301(cl. 3301(dl AND 3301 (al (61 OF THE DIVORCE CODE 1. Admitted. ! 2. Admitted in part; denied in part. It is admitted that : Defendant is Audrey E. Stevenson. It is denied that Defendant , resides at 7 Adams street, Third Floor, Enola, Cumberland County, " Pennsylvania 17025. , 3. Admitted. , 4. Admitted. 5. Denied. Plaintiff and Defendant have lived separate and apart , since April 15, 1993. 6. Admitted. 7. Adll'itted. 8. Denied. Defendant is the injured and innocent spouse. Plaintiff has offered such indignities as to render the condition of the Defendant intolerable and her life burdensome. '! , i i I I 'I i i , , '. plaintiff/Counter-Defendant is directed to answer the i i following counterclaim within twenty (20) days, or suffer possible i: default. :i ;1 ,1 " I: i; COUNTERCLAIM Defendant/Counter-Plaintiff avers by way of counterclaim: COUNT I Request for custody :; 17. The prior paragraphs of this Answer are incorporated herein by '. reference thereto. 18. Plaintiff/Counter-Defendant is Anthony T. stevenson, residing ,! at 704 Erford Road, Camp Hill, Cumberland County, Pennsylvania. i; 19. Defendant/Counter-Plaintiff is Audrey E. stevenson, whose current residence is not being disclosed due to prior physical . abuse by the Plaintiff/counter-Defendant herein. 20. Defendant/Counter-Plaintiff seeks custody of the following child: : Name KC Lee stevenson Present Residence Not being disclosed Age 18 mo. 21. The child was not born out of wedlock. 22. The child is presently in the custody of Defendant/Counter- Plaintiff. 23. During the past five years, the child has resided with the following persons at the following addresses: Person Audrey E. stevenson Addresses Not being disclosed Date 2/94-Present . . , , : claims to have custody or visitation rights with respect to the ,I child. ,l '33. The best interest and permanent welfare of the child will be 1 : served by granting Defendant/Counter-Plaintiff primary legal and physical custody because: " :1 a. Plaintiff/Counter-Defendant has a violent history of abusive behavior toward Defendant/counter-Plaintiff, including an arrest on December 7, 1991. b. Plaintiff/Counter-Defendant was contacted by Defendant/ ': Counter-Defendant on February 23, 1994 to determine whether he : wanted to see the child. Plaintiff/counter-Defendant indicated in i the negative and requested blood tests to prove that the child was his. i c. Plaintiff/Counter-Defendant has, in the past, used the child to harass Defendant/counter-Plaintiff. 34. Each parent whose parental rights to the child have not been , terminated and the person who has physical custody of the child , have been named as parties to this action. All other persons, named "below who are known to have or claim a right to custody or . visitation of the child will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Defendant/counter-Plaintiff, Audrey E. stevenson, : requests the Court to deny plaintiff/Counter-Defendant's request for partial physical and shared legal custody of the child, KC Lee stevenson, and award Defendant/Counter-Plaintiff full legal and , physical custody. Respectfully Submitted: DISSINGER & DISSINGER By:'-?4r~ 0 l2:4~ Mary . Etter Dissinger Attorney for Defendant 400 S. State Road Marysville, PA 17053 (717) 957-3474 . . , . ~ .' , : , , , i , i \ i 1 i , . , VERIFICATION I, Audrey E. stevenson, verify that the statements made in the ',foregoing Answer and counterclaim are true and correct. I 'understand that false statements herein are made subject to the , penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. stevenson, Defendant :! i: ,I ,I , , . . . , " .1 " . . ii ! , I ". " i i! 1! " " Ii :i II CBRTIPICATB 01' SBRVICB ,I 11 Ii I, Mary A. Etter Dissinger, Esquire, do hereby certify that a I! copy of the foregoing Answer has been duly served upon Thomas M. il 1\ Place, Esquire, by depositing same in the United states Mail, ilPostage prepaid, addressed as follows: i; 1 ~ THOMAS M PLACE ESQUIRE SUPERVISING ATTORNEY FAMILY LAW CLINIC 45 NORTH PITT STREET CARLISLE PA 17013 " ! Date: , t/?;/ry --p- Mary A. Etter Dissinger Attorney for Defendant '! , , II !! i' ., , :1 ~ .,., - :z: <>- en ,.,. ~~ ~"" ~;:; ~~l~: O::l';'--J: t;:OC~ ..'2:L.-,.,- "" _..,J . ,~ . . '" .~. .~~~ .t:IU ;-f'-- tjt~ r- '" 0- W V> ., . u' . r"'\ '" . " . . ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE AUDREY E. STEVENSON, Defendant : NO. 94 - 2994 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce uncler Sectinn 3301(c) of the Divorce Code wa.~ filed on June 3, 1994, 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3, I consent to the entry of a final decree of divorce, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 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.:t/.L5/-U- 111(~"''''~", " 'JJ:r::ssJO ~-.. .., ([ ~661 0 G d3S . ',:W . -:il~1 d!; - ~ .... .... V"> ...... "'.... "''!-,: ___:..1 0.1:,;,: X UZ:U..t .-c) _. :~ TS'.. ~ .. .. "';':;:~ -'.';~2 . , ";;J ~.., :' :c e>- m ,., . .. . '-.,,/ '"-'" t .' . t, (~ ~\ ~. ( f \flLeS\DATAfILE'IOtrMJucaar\S49JS)._ IIllk C,.... O~ 12 2. U PM ........ 0WDMl0 II 27_1. AM SoInu n c CJ C...J .,., -;1 ":J " " -,. ri";j: /:: , '. if:' - f':;" ,-- n , . . .~ (J RAYMONDF, VARNER and GAYLE A, VARNER, his wife, Plaintiffs/Pelitioners IN THE COURT OF COMMONJ~LEAtQF . \; CUMBERLAND COUNTY, PENNSYL VANIA -{ - ~~:, -.: C..J ~ v. NO. 00-5997 CIVIL AUDREY E. STEVENSON and ANTHONY T, STEVENSON, Defendants IN CUSTODY ............................................................................... ANTHONY T, STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-2994 CIVIL ./ v, AUDREY E. STEVENSON, Defendant IN CUSTODY ANSWER WITH NEW MATTER TO RULE TO SHOW CAUSE AND NOW, comes Anthony T, Stevenson (hereinafter referred to as "Father") by and through his attorneys, MARTS ON DEARDORFF WILLIAMS & 0110, and answers the Motion of Raymond F. Varner and Gayle A, Varner to join the above captioned cases as follows: I, Admitted. 2, Denied, After reasonable investigation, Father has no idea where Audrey E, Stevenson (hereinafter referred to as "Mother") resides, 3, Denied that Father ever filed a Custody Complaint with allegations known to be untrue, At all times pertinent hereto, there was an existence of a Court Order granting primary custody of K, C, Lee Stevenson (hereinafter referred to as "the minor child") to Mother. Father believed, and therefore averred, that Mother did, in fact, have custody of the minor child. 4, Admitted. This recent Custody Order was entered at the insistence of Father who has been trying for a very long time to enforcc the custody rights granted to him in prior Court Orders, 5. Admitted, The agreed Custody Orderreferred to in Number 4 above arose out ofthat Conciliation Conference, . . 6, Admitted that only the parties and their attorneys were pennitted to attend the Conciliation Conference. Father cannot recall whether Raymond F, Varner was physically present in the vicinity ofthe Custody Conciliation Conference, 7. Admitted that Petitioners have apparently filed a Custody Complaint against the parents of the minor child; however, it is denied that Petitioners have standing to bring such a Complaint. Petitioners have never been ill loco pClrclllis with regard to the minor child and the Court has no jurisdiction to hear their claim for custody, 8, Denied based on infonnation received. Although Father has no personal knowledge as to where the minor child has resided in the past several months (which fact fonns the gravamen of Father's pending custody action), Father has been told that the minor child has been with the Mother and occasionally visited her parents, Petitioners herein. 9, Denied for the reasons set forth in Number 8 above, By way of further answer, Mother has resided at numerous places since the minor child's birth, some of them being with her parents. 10-11. The Mother had no authority whatsoever to have the minor child "placed exclusively with Petitioners," Ifshe attempted to do that, it was without the consent of, and against the wishes of, Father, By way of further answer, Father does not believe that the minor child has resided with Petitioners since February 15, 2000. Father believes that Mother, who is addicted to drugs, has, from time-to-time abandoned the minor child to the care of her parents, only to come back and reclaim the child and/or take up residence with her parents who have served as enablers of Mother's destructive lifestyle. At the Custody Conciliation Conference on May 25,2000, Mother stated that she, and the minor child, were temporarily residing with her parents. This was noted in Paragraph 4 of the present Custody Order dated June 20, 2000, If true, this contradicts the allegations made in Paragraphs 8 and 10 oflhe Petition that the minor child has resided with Petitioners exclusively since February, 2000 after having been "placed" with them by the Mother. In summary, Father is receiving conflicting infonnation about who is providing care for his daughter and this is a central part of his pending custody action. 12. Denied, The best interests of the minor child is to have the Father's custody rights established as soon as possible. Mother has never honored the Court's Custody Order of October . 16, 1998, has consistently thwarted Father's attempts to maintain a relationship with his daughter and has been continuously in contempt ofthat Order. Father initiated this custody action aOcr finally securing the services ofapro bOllo attorney who then filed on or about March 27, 2000, a Petition for Contempt and a Petition to Modify Custody, A Custody Conciliation Conference was thereupon held on May 25, 2000, A hearing is scheduled for September 14,2000, Father has consistently pressed for primary physical custody of his daughter as being in the child's best interest. Petitioners herein, Raymond F. Varner and Gayle A. Varner, were ataH times fully aware ofthis, For them to now at the eleventh hour seek to intervene would not serve the best interest of the minor child and most likely result in delay, Their Complaint for Custody has not gone through conciliation as is required, There will be preliminary objections filed to their Complaint on the grounds that Petitioners do not have standing and the Court does not have jurisdiction to hear any custody claims, 13. Admitted, 14. Denied for the reasons set forth in Number 12 above. 15, To the extent an answer is required, Father denies the Petitioners have standing in loco parenlis, nor that they are able to assert any rights to custody, WHEREFORE, Father, Anthony T, Stevenson, requests the Court to deny this Petition and proceed with the hearing on his Complaint for Custody and Petition for Contempt on September 14, 2000 at 1 :30 p,m. as presently scheduled. NEW MATTER 16. The Pennsylvania Supreme Court has recently and clearly reaffinned the law that in loco parenlis status cannot be conferred by one parent, and especially not in defiance of the wishes of the other parent. B, A, and A, A. v, E. E" 559 Pa, 545, 741 A,2d 1227 (1999; reargument denied Jan. 6, 2000), 17. Petitioners lack standing to intervene and the Court lacks jurisdiction, In third party custody claims, standing and jurisdiction arc essentiallythc same issue, In re: Adontion ofW.C.K" 2000 Pa. Super, 68, 748 A.2d 223 (2000), . WHEREFORE, Father, Anthony T, Stevenson, requests the Court to deny this Petition and proceed with the hearing on his Complaint for Custody and Petition for Contempt on September 14, 2000 at 1 :30 p.m. as presently scheduled, Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OITO f~IAJ~4~('- By Thomas], Williams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Anthony Stevenson Date: September 8, 2000 . VERIFICATION I. Thomas J. Williams. Esquire. counsel for Anthony Stevenson depose and say. subject to the penalties of 18 Pa, C,S.A. Section 4904. that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on his behalf, and that I will supplemcnt this Verification in the near future with one executed by my client. -r~UL-0J.e."t'- Thomas J, iams. Esquire Date: September 8, 2000 AUG 24 199. c/Jv ANTHONY T. STBVBNSON, ) IN THB COURT OF COHHON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PBNNSYLVANIA vs. ) ) NO. 94-2994 CIVIL TERM AUDREY B. STEVBNSON, ) Defendant ) CUSTODY ORDBi ~ AND NOW, this 2::> day of ~wl-, 1994, upon receipt of the conciliator's report, it appearing that the parties have agreed to the terms and provisions of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: 1. The parties, with the following limitation, will share legal custody of their minor child, K, C. Lee Stevenson, born December 1, 1992. The only limitation is that, in the event the parties cannot agree and make a mutual decision in any area regarding Ithe legal custody of the child, the decision of the mother shall be controlling unless and until the court orders otherwise. 2. Primary physical custody of the said minor child is hereby awarded to and confirmed in her mother, the Defendant, Audrey E. Stevenson. 3. The father of the child, the Plaintiff, Anthony T. Stevenson, shall have and enjoy the following periods of visitation or temporary or partial custody of the child: A. Every WedneSday, commencing on Wednesday, August 24, 1994, and continuing on each Wednesday thereafter for a period of six (6) consecutive Wednesdays, from 1:00 p.m, until 4:00 p.m., in the physical presence of the mother. B. Thereafter, the father shall have the child every Wednesday from 1:00 p.m, until 4:00 p.m, outside the presence of the mother, 1 C. The parties may modify the terms of this arrangement by mutual agret.ent. For example, it is contemplated that the mother may participate in the father's Wednesday afternoons with the child on more than six occasions, particularly if he wishes to take the child to visit with his parents. The parties agree that the father will not take the child to his parents' home until such time as the child has been to that h~e at least one time in the presence of both the mother and the father. 4. The parties are commended for their cooperation in this difficult case and are encouraged to continue it, In the event the parties cannot agree upon any expansion or other modification of this order in the future, they are directed to return to the Family Law Clinic f.'a1'1~';'f1< 'i/ZS/II'f Attorney for Plaintiff ~ J. conciliator for further proceedings before we ring. Mary A. Btter Dissinger, Bsquire ,hci Attorney for Defendant - "'1'1' ~ ~{-{q'f .l44- l""~ ala 2 rJj,lili!' ! :Lt/!,,'l l::i,'t I; ~ ! ~:'; l f iJ.,,"jl 'u " ~ tl'~J i ~lll-Jrti :., "I; ."l ;'1, . ~ ii' ';h I': ,,; l.-' 1110 i : :f 'ji ip,"; " I " liid) I "h :,' ,. , : ::' " " , " " j,':,;'.lji : i I I; ,: J , .. \ , " , , I I r, i d I , , " I. (:1 ~ \ 1 I " I' , :, I, , ~ ~ " , I I " ,) I) t ~,J ~;\: 't! L ", ',: -'f, ~ r' ~ l.' ,:!1'11:' "ilU .).~. 'f, "'IIV,J) .,! r ., ".1;\' to';l' , (', 'I " " , (, ... i ,q . J i 'i'f' , , ., I. ; ,. 'Ui ~ i, }'''''; 'I;". ~ , ;!' -" . ;.~,' I Ii .j;: '1 If 1 "liJ " '.-Jto ':Jl '. 'Ii,..)]!] .' i'....,.. ','oj ;ft'f' .\'., " L ~j i:' q.,'!.~ (II 11'- 1'. I L';' I.., ,.,; H.~ iJ : t it,-' 1.I!i'iY"';" f .' '. .,. . ': ~ r' ," ., .;,'f '. I"';' '., .\ \'\.:/''''1 ;;.;jfl :,'j; 1,,, .;:-\! '; f. :i-, -,I " . i ~ Ii, " ,I' ':.~ ,', ,1ft:' ,Ii; ".': ~l'J..! . " ~ : l~ I.. ,., : i l' '.:." ,., ',.Ii 1 'd_ll!'j ""'-'. ,-"d! ,i.'t ,; . , , , , , i '. J jJ, , . (f I '.' , a:; - 'r ~~ ..t'T ....t; :-:-i:.t, c.>:r. ';,;- -0'- ~, ~-r'_.:'i :; "';' J. - ~1~. ..: .r ,~ -.. ".:~ -:]',"- '" ,..~ - c_'-- ~ \D \l'l == 1-0'"' ...... c.:J ::> ~ ',it) \ III Cl Z "'" < ~ ~ 11: ~ < ~ III 12 ell foo< F 11 ~ Z :I'" ~ ... Ul " >< Ul S ~ ~ ~ ~ ;J Z ~ 0 ~ < III ;:: ~ Ilo ;;. g ~ JIi ~ "':t; Z III <., >- f:l .. 0 j:l ., :>: Z ~ <: ~ !:: , . o. . ' , . AUG 24 199. ( . . . ANTHONY T. 8TBVBNSON, ) IN THB COURT OF COHHON Plaintiff ) PLBAS OF CUHBBRLAND ) COUNTY, PBNNSYLVANIA vs. ) ) NO. 94-2994 CIVIL TSRH AUDRBY B, STBVBNSON, ) Defendant ) CUSTODY JUDGB PRBVIOUSLY ASSIGNBD: None CONCILIATOR CONPBRBNCB SutItWlY RBPORT IN ACCORDANCB WITH CUMBBRLAND COUNTY RULB OF CIVIL PROCBDURE 19l5,3-8(b), 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: NAHB CURRBNTLY IN CUSTODY OF BIRTHDATE I.C, Lee Stevenson 1 December 1992 Defendant/Hother 2, A Conciliation Conference was held on 22 August 1994 and the following individuals were present: the Plaintiff and his attorney, the Family Law Clinic: the Defendant and her attorney, Hary A, Etter Dissinger, Bsquire. 3. The parties have been separated for most of this young child's life, For the first several months, they worked out a schedule between them which worked fairly well. 4. The father started to develop some medical and psychOlogical problems in DeceAlber of 1993 which have since been diagnosed as "Persian Gulf" syndrome and he is currently receiving medical treatment for that problem. As a result of those medical problems, he has not worked for more than six months, I 5. The father claims to want to be involved on a regUlar basis with the child but i is perfectly happy to have the child continue in the mother's primary physical custody. I , Both of the parties were willing to work with each other to allow the father to gradually be reintroduced into the child's life and to make the change for the child as co.fortable as possible. Both of these people impressed me with their sincerity and their willingness to work together for the benefit of the child. 6. The attached order was negotiated by the parties with me and dictated in their presence and approved by both of them, With the entry of that order, no further action is necessary at this time, 23 AU!JUst 1994 ~ Sam L. Andes Custody Conciliator ~.tl,pn'f T: * S4e"f'n~O^ Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . :NO. Ct q-;}'i'i " CIVIL :CUS'l'ODY /VISITATION 19 * A~\c\,c'Y t=: ~'h-"'''''''Defendant ORDER 01" COUR!I! , f\\v~ \ 1...1(1'i'l ., AND NOW, th~s (date) , upon cons~derat~on of the attached complaint, it is hereby directed that the p~rt~es and their respective counsel appear before ~'l'" fAl" L. J1ndr.'S ts" , the Co~o~..It-.at t.:;""d ~- '" .1 ~}" 5/. 1 n-__,/""- ~~)et on the //j' (lay ofJ<,,,lA \, , 19 CIs-, at ,.~. M., for a Prehearing 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 temporazy order. Eithe~- party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatozy. Failure to appear at the conference may provide grounds for entry of a temporazy or permanent order. FOR THE COURT: By: YOU SHOULD TAKE THIS PAPER 'l'O YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 'l'O OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 on each Wednesday thereafter for a priod of six (6) consecutive Wednesdays, from 1:00 p,m, until 4:00 p,m" in the physical presence of the mother. B, Thereafter, the father shal1 have the child every Wednesday from 1:00 p,m, until 4:00 p,m, outside the presence of the mother, 7, Pursuant to the same Court Order dated August 25, 1994, the parties were directed to return to the conciliator in the event the parties could not agree upon any expansion or other modification of the Order, 8, The parties have not been able to agree upon any expansion or other modification of the current Custody Order, WHEREFORE, petitioner. Anthony T, Stevenson. respectful1y requests that a custody conciliation be scheduled in the above-captioned matter, Date-11 /1 / llLI I I r-~,CE '. ,q,. {!Q~ PaIge ROSII~ Certified Legal Intern ~^{j-, Thomas M, Place Robert E. Rains Linda E, Fisher Supervising Attorney FAMILY LAW CUNIC 45 North Pitt Street Carlisle, PA 17013 (717) 240-5204 . AU$7i 199~ . -CfJt-- iANTHONY T. STEVENSON, :1 Plaintiff ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA NO. 94-2994 CIVIL TERM CUSTODY : I VB. I I,AUDREY E, STEVENSON, Defendant ,. II . II 'I " '1 II ORDER this :;{5~ day of a~~ , 1994, upon receipt of the report, it appearing that the parties have agreed to the terms and ,provisions of this order which was dictated in their presence and approved by them and i <their counsel, we hereby order as follows: " 1. The ; I minor child, parties, with the following limitation, will share legal custody of their . K. C. Lee Stevenson, born December 1, 1992. The only limitation is that, in the event the parties cannot agree and make a mutual decision in any area regarding the legal custody of the child, the decision of the mother shall be controlling unless ; and until the court orders otherwise. 2. Primary physical custody of the said minor child is hereby awarded to and confirmed in her mother, the Defendant, Audrey E. Stevenson. 3. The father of the child, the Plaintiff, Anthony T. Stevenson, shall have and enjoy the fOllowing periods of visitation or temporary or partial custody of the child: A. Every Wednesday, commencing on Wednesday, August 24, 1994, and continuing on each Wednesday thereafter for a period of six (6) consecutive Wednesdays, from 1:00 p.m. until 4:00 p.m., in the physical presence of the mother. B. Thereafter. the father shall have the child every Wednesday from 1:00 p.m. until 4:00 p.m. outside the presence of the mother, 1 .'...LZH~~.It':-~rAT ~~'~.''1~\., ("'. ..".(..':1..... ~......,'" .(,-"",.:.. "'.01'. . 1>., .' _0' ... . ,.;...... ....,") , f' . I...,. II',.' .', ..... _ ;;. ,t. ~,~":j.J,,,~......,.. _. . ... ,', . .,aa "" .~{~\S,I.o,t"i.l':~~..~\ . " . . . ANTHONY T. STEVENSON, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND I' ) COUNTY, PENNSYLVANIA ,I vs. ) ) NO. 94-2994 CIVIL TERM IAUDREY E. STEVENSON, ) Defendant ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: None ,I " :1 , CONCILIATOR CONFBRBNCB StIH!tAIlY REPORT .1 " IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8(b), 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: II CURRENTLY IN CUSTODY OF NAME BIRTHDATE ,K.c. Lee Stevenson 1 December 1992 Defendant/Mother 2. A Conciliation Conference was held on 22 August 1994 and the fOllowing individuals were present: the Plaintiff and his attorney, the Family Law Clinic; the Defendant and her attorney, Mary A. Etter Dissinger, Esquire. 3. The parties have been separated for most of this young child's life. For the first several months, they worked out a schedule between them which worked fairly well. 4. The father started to develop some medical and psychological problems in December of 1993 which have since been diagnosed as "Persian Gulf" syndrome and he is currently receiving medical treatment for that problem. As a result of those medical problems, he has not worked for more than six months. 5. The father claims to want to be involved on a regular basis with the child but is perfectly happy to have the child continue in the mother's primary physical custody. , Both of the parties were willing to work with each other to allow the father to ,:gradually be reintroduced into the child's life and to make the change for the child as comfortable as possible. Both of these people impressed me with their sincerity and their willingness to work together for the benefit of the child. 6. The attached order was negotiated by the parties with me and dictated in presence and approved by both of them. With the entry of that order, no further action ,is necessary at this time. 23 August 1994 ~ CUstody Conciliator ,. ., ANTHONY T. STEVENSON, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 94-2994 CIVIL TERM 'AUDREY E. STEVENSON, ) Defendant ) CUSTODY ORDER :1 AND NOW, this day of , 1994, upon receipt of the J!conciliator's report, it appearing that the parties have agreed to the terms and provisions of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: 1. The parties, with the fOllowing limitation, will share legal custody of their 'minor child, K. C.'Lee Stevenson, born December 1, 1992. The only limitation is that, in the event the parties cannot agree and make a mutual decision in any area regarding the legal custody of the child, the decision of the mother shall be controlling unless and until the court orders otherwise. 2. Primary physical custody of the said minor child is hereby awarded to and confirmed in her mother, the Defendant, Audrey E. Stevenson. 3. The father of the child, the Plaintiff, Anthony T. Stevenson, shall have and enjoy the following periods of visitation or temporary or partial custody of the child: A. Every Wednesday, commencing on Wednesday, August 24, 1994, and continuing on each Wednesday thereafter for a period of six (6) consecutive Wednesdays, from 1:00 p.m, until 4:00 p.m., in the physical presence of the mother, B, Thereafter. the father shall have the child every Wednesday from 1:00 p,m, until 4:00 p,m. outside the presence of the mother, ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY AUDREY E. STEVENSON, Defendant : NO, 94-2994 CIVIL TERM CERTIFICATE OF SERVICE I, Paige Rosini, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of said Order of Court scheduling Custody Conciliation on Mary . . I-:--:>"~~ '. //-;( ( (~. i('-1tV'KA./ Paige Rosini.l Certified Legal Intern A, Eller Dissinger, Esq" Attorney for the Defendant, at her place of business, 28 N, Thirty- Second Street. Camp Hill, PA 17011, by depositing a copy of the same in the United States mail, first class, postage prepaid, this 9th day of December, 1994. :- en. ~~,.. ..;. ._~ 0-= "" P') ("'....J ("'00..1 u ..., = FEB 1 4 1991./ ANTHONY T. STBVBNSON, I IN THB COURT OP COHHON Plaintiff I PLEAS OP CUHBBRLAND I COUNTY, PBNNSYLVANIA vs. I I NO. 94-2994 CIVIL TBRM AUDRBY B. STBVBNSON. I Defendant I CUSTODY ORDBI AND NOW. this ,i' day of ':tAJ"","-J , 1995. upon receipt of the conciliator's report. it appearing that the Plaintiff/Pather, Anthony T, Stevenson. has withdrawn his request for additional time with the child who is the sUbject of this order. we hereby order as follows: 1, The schedule of temporary or partial custody for the Plaintiff/Pather, Anthony T. Stevenson. with the child. K. C. Lee Stevenson. born December 1. 1992. as set out in Paragraph 3 of our Order of August 25, 1994, is hereby suspended. 2. The other provisions of our Order of August 25, 1994. shall remain in full force and effect until modified further by any sUbsequent order. By the Court. Legal Services. Inc. Attorney for Defendant - f4~ rn~C ~ J. Pamily Law Clinic Attorney for Plaintiff ~/Islq!". .,a.f. , r" '<<I ~'1 , . in,~ sla I III ~ 3 < ~ !:: 1Il~= < ~ j ~ z .. 0: .. .: ~ ~ ~ !! ~ ~ ~ 2 l'l >J ~ . ~ >~E~~ iii ~ ~ ~ r>l " >- A " 0 " )l Z III -< ~ ~EB 14 19 " ANTHONY T. STEVENSON, l IN THE COURT OF COMMON Plaintiff l PLEAS OF CUMBERLAND I COUNTY, PENNSYLVANIA vs. l I NO. 94-2994 CIVIL TERH AUDREY E. STEVENSON, l Defendant l CUSTODY JUDGE PREVIOUSLY ASSIGNED: None CONCILIATOR CONPIl1UlNCE SUHHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5,3-8(bl, 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 BIRTHDATE CURRENTLY IN CUSTODY OF K.C. Lee Stevenson 1 December 1992 Defendant/Hother 2. This matter was before me in August of 1994. at which time the parties agreed upon an order which they intended to be temporary. They came before me for a second conciliation conference on 18 January 1995, The fOllowing individuals were present at the second conference: the Plaintiff and his attorney, the Family Law Clinic; the Defendant and her attorney, Mary A. Etter Dissinger, Esquire. 3, Both parties reported diffiCUlty in complying with the schedule of the father's temporary custody as established by the Court's order of 25 August 1994. Although each party felt the problems were primarily the cause of the other, there was not the usual acrimony and accusation attendant in such matters, The father wanted to reestablish an expanded schedule for time with the child and wanted to be more actively involved in the child's medical care, in part because of his own medial problems which he feared had been passed along to the child. 4, When it appeared that we were very close to an agreement, the father changed his mind and decided to withdraw his request for time with the child at the present time. He did not make it clear why he withdrew the request or when he would seek to reinstate it, but it was clear that he did not wish the court to establish any schedule at this time and that he did not wish the existing schedule to be enforced or followed presently, 5. With the consent of counsel for both parties, I have prepared the attached order suspending the temporary custody schedule established in the court's last order but retaining the legal and physical custody provisions otherwise. With the entry of this order, no further action is necessary, at least at this time, 13 February 1995 JL~ Samuel L. Andes Custody Conciliator " ;1 , ~ ; ANTHONY T. STEVENSON, I IN THE COURT OF COMMON I Plaintiff I PLBAS OF CUMBBRLAND I I COUNTY, PENNSYLVANIA vs. I I I NO. 94-2994 CIVIL TERM dAUDREY E. STEVENSON, I " Defendant I CUSTODY Ii ORDD AND NOW, this day of , 1995, upon receipt of the conciliator's report, it appearing that the Plaintiff/Father, Anthony T. Stevenson, has withdrawn his request for additional time with the child who is the subject of this order, we hereby order as follows: 1. The schedule of temporary or partial custody for the Plaintiff/Father, Anthony liT. Stevenson, with the child, K. C, Lee Stevenson, born December 1, I' ilParagraph 3 of our Order of August 25, 1994, is hereby suspended, I! i' 2, The other provisions of our Order of August 25, 1994, shall q liforce and effect until modified further by any SUbsequent order. " ii By the Court, Ii Ii . 1992, as set out in remain in full " J. ,: Family Law Clinic Attorney for Plaintiff Legal Services, Inc, Attorney for Defendant , sla 1 ANTHONY T. STEVENSON, Petitioner ~APR 0] 1998 IN THE COURT b1 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . v. CIVIL ACTION - LAW : IN CUSTODY AUDREY E. STEVENSON, Respondent . . : NO. 94-2994 CIVIL TERM ORDER OP COURT AND NOW, this ~ day of Af.!' \ , 1998, upon conside~ation of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, E , the conciliator, at "'1;\\ -\1\ , Cumberland county, on the ~ day of t'..\[;j , 19 8, at ~., for a Pre-Hearing Custody Conferen e. 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children'S attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: ~~ rl:~,Y' 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. Cumberland County Bar Association 2 Liberty Avenue CarliSle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OP 1990 The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities 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. .,' ", (.' - ~.' .,"-"<."':~."" FI' r:f) ~,._ C~.,.. .,.. ~ ".~I~- ','"" .: '.' , ",,:'~: :~~:,:~..., , " . ,.flY "0 'r J,,J . ',j ~. /. t...." p" .., - /', ,J:?~ CIP//' ." ..~ .........! " , '., rJ.-,. 1,__, ,-.'~' I,,' ~ ",p.., rCI\1 \....;....'/ I t.. .~...fl".- r j ""n~'.I.'Il t'~'9~ (}v~~ /J1ab~ ~ X.:;>J ~'f t?~ '71Pifu /~~ ~ I/f'~f ~~/~ 7>7.rG:a'7'#' ANTHONY T. STEVENSON Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. 94-2994 CIVIL TERM v. AUDREY E. STEVENSON, Respondent ORDER OJ' COURT You, Audrey E. stevenson, Respondent, have been sued in court to modify custody of K.C. Lee stevenson. You are ordered to appear in person at , on , at , _.m., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. . ANTHONY T. STEVENSON Petitioner . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. 94-2994 CIVIL TERM . v. AUDREY E. STEVENSON, Respondent PBTITION FOR MODIFICATION O~ PARTIAL CUSTODY ORDER Petitioner, Anthony T. Stevenson, by his attorney, the Family Law Clinic, respectfully represents that: 1. On February 15, 1995 an Order of Court was entered by Judge Kevin A. Hess suspending the partial custody schedule for K.C. Lee Stevenson as set forth in paragraph 3 of the Order of August 25, 1994 entered by Judge Edgar B. Bayley. True and correct copies of these orders are attached. 2. The Order of February 15, 1995 should be modified because: a. Petitioner wishes to establish and foster a meaningful relationship with his daughter. b. Petitioner has made dramatic personal improvements and wants to become an influencing factor in his child's development. c. It is in the best interest of the child that she establish maintain a meaningful relationship with her father. 3. Attempts to reach an agreement in this matter with counsel for Respondent, Legal Services, have been unsuccessful. VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. 5 4904 relating to unsworn falsification to authorities. Date J-,2.S--?,R-' ~~~~ . . '. , , . ~ ANTHONY T. STEVENSON, I IN THE COURT OF COMMON Plaintiff I PLEAS OF CUMBERLAND I COUNTY, PENNSYLVANIA vs. I I NO. 94-2994 CIVIL TERM AUDREY E. STEVENSON, I Defendant I CUSTODY ORDBIl AND NOW, this I)' day of h.<. .........., . 1995, upon receipt of the conciliator's report, it appearing that the Plaintiff/Father. Anthony T. Stevenson, has withdrawn his request for additional time with the child who is the subject of this order. we hereby order as follows: 1. The schedule of temporary or partial custody for the Plaintiff/Father, Anthony T. Stevenson, with the child, K, C, Lee Stevenson, born December 1, 1992, as set out in Paragraph 3 of our Order of August 25. 1994. is hereby suspended, 2. The other provisions of our Order of August 25, 1994, shall remain in full force and effect until modified further by any subsequent order, By the Court, Family Law Clinic Attorney for plaintiff q IlLegal services, Inc. I Attorney for Defendant J. e..'f:......,)...."~C.. J.. :;'!Is/qr. l ..' .<Jo" . " "\ '1' ,.. 1_ sla II I. 1 " . . Ave 24: 1884 dJc, . i ANTHONY T. STEVENSON, :, Plaintiff , ) ) ) ) ) ) ) IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2994 CIVIL TERM CUSTODY I I I i ,AUDREY vs. E. STEVENSON, Defendant ., II I II , i ORDER 'I 'I II AND NOW, this ~5.;t.. day of a~1.ot , 1994, upon receipt of the ! conciliator's report, it appearing that the parties have agreed to the terms and , ,provisions of this order which was dictated in their presence and approved by them and I .,their counsel, we hereby order as follows: '! 1. The parti~s, with the fOllowing limitation, will share legal custOdy of their "minor child, K, C. Lee Stevenson, born December 1, 1992. The only limitation is that, 'i 'in the event the parties cannot agree and make a mutual decision in any area regarding the legal custOdy of the child, the decision of the mother shall be controlling unless jand until the court orders otherwise. 2. Primary physical custody of the said minor child is hereby awarded to and confirmed in her mother, the Defendant, Audrey E. Stevenson. 3. The father of the child, the Plaintiff, Anthony T. Stevenson, shall have and enjoy the following periods of visitation or temporary or partial custody of the child: A. Every Wednesday, commencing on Wednesday, August 24, 1994, and continuing on each Wednesday thereafter for a period of six (6) consecutive Wednesdays, from 1:00 p,m. until 4:00 p.m., in the physical presence of the mother, B, Thereafter. the father shall have the child every Wednesday from 1:00 p,m. until 4:00 p.m, outside the presence of the mother. .,. .... . . ii il il C. The parties may modify the terms of this arrangement by mutual agreement. For example, it is contemplated that the mother may participate in the father's Wednesday afternoons with the child on more than six occasions, particularly if he wishes to take the child to visit with his parents. The parties agree that the father will not take the child to his parents' home until such time as the child has been to that home at least one time in the presence of both the mother and the father. 4. The parties are commended for their cooperation in this difficult case and are !I . ., ii Ii :1 " , " encouraged to continue it. In the event the parties cannot agree upon any expansion or "other modification of this order in the future, they are directed to return to the I ,; "conciliator for further proceedings before we will schedule a hearing. I! . Ii By the Court, I~/ ~ -Ii. ~ J. Family Law Clinic / .Attorney for Plaintiff Mary A. Etter Dissinger, Esquire Attorney for Defendant sla TRUE COpy FROM RECORD In Testimony wiler~1f. f Il~rl! (iOto ~.e! illY hand and tho seal c1 ;>;,lId r"1i~carliSfe, Pjl, ~;11/;;'- ~ (;1- . , 19, qif , .. ~tz4.. "',,<<'~, Prothonotary , (,., I). , ~ "'l '4 j . JUL 0 2 1998 bb ANTHONY T, STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW AUDREY E, STEVENSON, Defendant NO: 94-2994 CIVIL TERM IN CUSTODY COURT ORDER AND NOW, this -;lot day of ~ . 1998, upon consideration of the attached Custody Conciliation Report, the follow ng t mporary Custody Order is entered: I. The prior orders in custody in this case shall be vacated, 2. The Mother, Audrey E. Stevenson, shall enjoy legal and primary physical custody of the minor child, K, C, Lee Stevenson, born December I, 1992, 3, The Father, Anthony T, Stevenson, shall enjoy periods of temporary physical custody of the minor child under the following schedule: A. For the next two months, for a period of one hour every two weeks, This period of temporary custody shall be exereised at the maternal grandfather's home or at such other place as agreed upon by the parties, Raymond Varner, the maternal grandfather, shall be present during these periods of temporary custody, The Mother may also be present in the house for the first two periods of temporary custody, B, For the third month, the period of temporary custody shall be one hour per week, with the option that this one hour may be expanded by agreement of the parties, The conditions set forth in subparagraph A above shall also apply to this custody alTllngement. It is noted that the Father may have another family member from his family present during all visitations, 4. The parties shall meet again for a Custody Conciliation Conference on Thursday, October 8, 1998 at 8:30 a,m.. at which time the parties shall discuss the entry of a pennnnent order, If the parties reach an agreement on a pennanent order in advance of the Custody Conciliation Conference, they may so advise the Conciliator so the Conciliation Conference may be cancelled, :- I !:';-, -"':J":"''''-:- ' '-. ,~. 1..:, 1...-.. r" , , ", \.~;iiiRl' tl"',. /fll " J.j "...'., _.::. t". '), , 0 ." (.. u.... Ci '\I<' "", ';) ,. /1)' .......~. '- "" '"'''' -I~ Pt/\,\',: /L \1':: ,\,~~\ NOlJ 9139hr OCT 1 2 1998 ANTHONY T, STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION. LAW AUDREY E. STEVENSON, Defendant NO, 94 - 2994 CIVIL IN CUSTODY COURT ORDER AND NOW, this I' -It day of October, 1998, upon consideration of the attached Custody Conciliation Report, the following Custody Order is entered: 1. This Court's prior order of July 2, 1998 is vacated. 2, The Mother, Audrey E, Stevenson, and the Father, Anthony T, Stevenson, shall enjoy shared legal and shared physical custody of the minor child, K. C, Lee Stevenson, born December I, 1992. 3, The Mother shall enjoy primary physical custody of the minor child, 4, The father shall enjoy periods of temporary physical custody on the minor child as follows: A. For October, November and December 1998, the father shall have temporary custody every Sunday from 4:00 p,m, until 8:00 p,m, This temporary custody shall be unsupervised, B, For January, February, and March, 1999, the Father shall have temporary custody, again unsupervised, every Sunday from 10:00 a,m, until 8:00 p,m. C, Starling in April of 1999 and thereafter, Father shall have Custody of the minor child on every weekend from Saturday 4:00 p,m. until Sunday at noon. 5, The parties may by agreement between themselves modifY the custody schedule set forth above, Absent any new agreement, the above schedule shall control. ./lIL 8 1999 J 't' FEB ANTHONY T, STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY AUDREY E, STEVENSON. Defendant : NO. 94-2994 CIVIL TERM ORDER AND NOW, this II> · day of February, 1999. upon consideration of the Petition of the Family Law Clinic to Withdraw from Representation of the Plaintiff, Anthony T, Stevenson. it is hereby ordered that: 1. A role is issued upon the respondent. Anthony T. Stevenson, to show cause why the petitioner, the Family Law Clinic, is not entitled to withdraw from her representation; 2, The respondent shall file an answer to the petition within 2.0 days of service upon the respondent, and he shall serve a copy of any such answer on Petitioner, The Family Law Clinic at 45 North Pitt Street. Carlisle, PA 17013-2899; 3, The petition shall be decided under Pa.R.C.P. No, 206,7; 4, Notice of the entry of this order shall be provided to all parties by the Petitioner, By the court, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY ANTHONY T, STEVENSON, Plaintiff AUDREY E, STEVENSON, Defendant : NO, 94-2994 CIVIL TERM PETITION OF THE FAMILY LAW CLINIC TO WITHDRAW FROM REPRESENTATION OF THE PLAINTIFF. ANTHONY T. STEVENSON The Family Law Clinic, cQunsel for the Plaintiff, Anthony T. Stevenson, in the above- captioned case, comes before the Court pursuant to Pa.R,Civ.P, 1012, and respectfully requests leave to withdraw from representation amI avers in support as follows: 1, The Family Law Clinic provides free legal representation to persons who financially qualify for services, genemlly using the financial guidelines of Legal Services, Inc, , Representation is nonnally limited to Cumberland County residents, 2, On June 1,1994, the Plaintiff, Anthony T, Stevenson, came to the Family Law Clinic for representation in this matter, He was infonned of the Family Law Clinic's financial guidelines and at that time qualified for services, He also signed an Income Disclosure Agreement that states that the Family Law Clinic reserves the right to insist that a client obtain private legal assistance should the client's financial situation change so as to make such assistance possible. A true and correct copy of this agreement is auached hereto as Petitioner's Exhibit One and is incorpomted herein by reference. 3. On June 3, 1994 the Family Law Clinic, representing the Plaintiff, Anthony T. Stevenson, in his request for partial custody of K,C, Lee Stevenson, born December I, 1992, filed a Complaint for Divorce/Custody, which was docketed to this number. At that time, Anthony T, Stevenson was a resident of Cumberland County, Pennsylvania. 4, On March 31, 1998, the Family Law Clinic petitioned the Court on behalf of Mr, Stevenson to modify the existing Order in the above-captioned case, 5, On October 16, 1998, the Court entered an order in the above-captioned case resolving the petition of March 31, 1998, 6. At a meeting with Mr, Stevenson on January 29, 1999, regarding another matter, it became clear to the Family Law Clinic that his situation had changed, He had moved from Cumberland County and his financial status had significantly improved, in that he had become married in June 1998 to a new wife who is employed, he is working significant hours through Manpower, Inc, and also doing construction work independently, The undersigned informed Mr. Stevenson that the Family Law Clinic would need to recheck his financial situation to determine whether he remains eligible to receive free legal services, The undersigned orally informed Mr, Stevenson that if he no longer qualified for our services, we would petition for leave to withdraw from his case, 7, Immediately after the meeting on January 29, 1999 with the undersigned, Mr, Stevenson and his wife met with the Family Law Clinic's office manager, Janet Wenger, who determined that based on his wife's income alone, even without considering Mr, Stevenson's two sources of income, the family's income is far in excess of our maximum guidelines. She so informed Mr, Stevenson. 8. On February 2, 1999, the Family Law Clinic notified Anthony T. Stevenson orally and in writing that he was no longer financially eligible for representation based on income information supplied by him and his wife on January 29, 1999, and informed him that he would have to obtain a private attorney to represent him in any future litigation in the above-captioned case and that the Family Law Clinic would file this instant Petition to Withdraw, 9. No matters on this docket are pending before this Court at this time, WHEREFORE, the Family Law Clinic requests that this Court issue a rule on Plaintiff to show cause why it should not be permitted to withdraw from representation of him, Respectfully submitted, Judson B. Perry Certified Legal Intern Thomas M, Pace Robert E, Rains SUPERVISING ATTORNEY Donald Marritz STAFF ATTORNEY FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Date: r (,1.. <;" ICfJ9 .- , ~ FAMILY LAW CUNIC (" , , . A lllVial to thl aanvnunllV by ltudlnll fram '"" D1a1dnoan Sahoal of Law omal: 41 NanII PlIt II. CollI.... PA 17013 17171 240-1204 INCOME DISCLOSURE AGREEMEN:[ The Family Law Clinic is a non-profit organization which represents people who cannot afford private attorneys. Based upon the infonnation which you have provided us regarding your current income and assets, you are financial1y eligible for our services. It is your obligation to infonn us if either your income or your assets should increase. The Family Law clinic reserves the right to insist that you obtain a private attorney if your financial situation should change so that you can afford a private attorney, Should that happen, we will give you adequate time in which to obtain a private attorney before we withdraw from the case. If we detennine that you could afford a private attorney and you fail to obtain one within a reasonable time, we will petition the court to withdraw from your case. We must insist upon this policy in order to be able to represent those people who truly cannot afford a private attorney. THE FAMn.Y LAW CLINIC I UNDERSTAND THE TERMS SET FORTH ABOVE, AND I AGREE TO INFORM THE FAMILY LAW CLINIC OF ANY CHANGES IN MY FINANCIAL CIRCUMSTANCES, Da.e "l/l.l!e J Jt!? f . ' . v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY ANTHONY T, STEVENSON, Plaintiff AUDREY E, STEVENSON, Defendant : NO. 94-2994 CIVIL TERM CERTIFICATE OF SERVICE I certify that I am serving a true and correct copy of the Petition of the Family Law Clinic to Withdraw from Representation of the Plaintiff. Anthony T, Stevenson, on the following persons by this date placing the same in the U,S, Mail. first class. postage prepaid. addressed as follows: Anthony T, Stevenson 501 Windy Hill Road Lot No, 141 Shermansdale. Pennsylvania 17090 Legal Services, Inc. 8 Irvine Row Carlisle. Pennsylvania 17013 Ju son B, Perry Certified Legal Intern FAMILY LAW CLINIC 4S N, Pitt 5t, Carlisle. PA 17013 717-243-2968 Fax: (717) 243-3639 Dated: r E.f:.. S /f199 , , ~~ ~. -" , '" '1 ~ ,... 1:-: 1 c" ...:: .' ~ .. U1C~ ..:J " t.';>' 1'-' .... ~lr '-". t:' I, ~n ..1" . .11;. I .1 u;t r' r.: LJ .'- l~, I' en J (., (;' ,-) . . ,0 Absolute pursuant to Pa,R,Civ,P. 206,7(a) and enter an Order allowing the Family Law Clinic to withdraw from representation of the Plaintiff, Anthony T, Stevenson, Date: N\ '" ~Clf S. I~f Judson 8, rry Certified Legal Intern :fIi;ft: ~ ,~ mas M, Plac Robert E. Rains SUPERVISING ATTORNEY Donald Marritz STAFF ATTORNEY FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ~ cr ,.1: >-.. l1Jr: <.>..: C+" 1 .1,..... (-.5' . 2-,> . ~J} ~' ll_': i--.- IJ_ o ...:~ 0).' -;;"V ..:::.. C') 1 ~ ~ 0\ C'; ~ z ;',:.., ,;-!.~',: c: .. '.-!~', - ,~? ., ; ,,~ cr, I C:' :' -::.2 r,_~ ..J U ~H C;, . '. ." ANTHONY T. STEVENSON, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AUDREY E, STEVENSON, Defendant NO, 94-2994 CIVIL TERM PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Per the Court's Order of March 12, 1999, please withdraw the appearance of the Family Law Clinic on behalf of Anthony T, Stevenson, the Plaintiff in the above captioned matter, ~ec.l-l lq 19ji Judson B, Perry Certified Legal Intern R~d. Mi THOMAS M, PLACE Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Fax: (717) 243-3639 ~ C"J .... <"~ ~ I-" .. ~.1:::~ wQ - - ~. :r. ( -':'.r -c. 2t~ -..: ",:;.;' ',,~ 0', ,- . ~") '-- -')::~ ':II. , o~ ~lj,;'ii c;: ", '.. . " '. t~.!u.. r;.: ~- ..... => lI- rA CJ en C"J f,~"'" ":."- MQW&:O - MAR 2 8 ~ TEN F..AST H 1~1I STUET <:AALUl!. PENNSYlVANL-\ 17013 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO, 94-2994 CIVIL ANTHONY T, STEVENSON, Plainti ff/Petitioner AUDREY E. STEVENSON, DefendantiRespondent IN CUSTODY ORDER AND NOW, this _ day of March, 2000, in consideration of the foregoing Petition for Contempt, a Rule is hereby issued on Audrey E, Stevenson to show cause, ifany there be, why the relief prayed for should not be granted. Rule returnable __ days after service. BY THE COURT, , ], , P \fILt5\DAT AFlL.I!\Gmdox cw\S49UJ.'1!T.111dt rR~ 0U1~iOI22'1"M an.01lO&WOI21I,,,M ~91'l v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-2994 CIVIL ANTHONY T, STEVENSON, PlaintifflPetitioner AUDREY E, STEVENSON, Defendant/Respondent IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes Plaintiff, Anthony T, Stevenson, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO and files this Petition for Contempt as follows: 1. Petitioner's name is Anthony T. Stevenson and he resides at 1106 Yverdon Drive Apt. B8, Camp Hill, Cumberland County, Pennsylvania, with his wife and son. 2. Respondent's name is Audrey Stevenson, Her address is unknown. Persons residing with her are her boyfriend, Mike Knoll, and the child who is the subject of this Petition, K, C. Lee Stevenson, 3, A Court Order was entered on October 16, 1998 by the Honorable Kevin A, Hess, essentially providing periods of partial custody to the Father every other weekend, A eopy of that Order is attached and marked as Exhibit "A," 4. Mother has been contempt of that Order for approximately a year as follows: a, She has failed and refused, and continues to fail and refuse, to allow Father to see the child; b, She has not provided her current address to the Fathcr and he does not know where she lives, or where the child lives; c. She has not provided her telephone number to the Father and he has no means of contacting the child; d, She has not provided any information about the child to the Father, not even the school that the child attends, 5, For approximately a year, the only contact Father has had with the child has been the occasions when the child visits with the maternal grandparents and they call him, '. 6. Legal Services, Inc, previously entered an appearance as attorney for Mother, Audrey Stevenson, and, therefore, is authorized to accept service on her behalf, WHEREFORE, Petitioner/Father prays Your Honorable Court to: a, Issue a citation for contempt against Respondent/Mother and schedule a hearing thereon; Hold RespondentIMother in contempt of the Order of October 16, 1998; Enforce the Order of October 16, 1998 by fine, imprisonment or whatever other sanction(s) the Court shall deem appropriate; Assess attorney's fees against Respondent/Mother for the cost of this proceeding; and Such other and furtherrelicf as the Court shall deem just and proper under the circumstances. b, '.. c, d, e, Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By '( ~Lc.-. W J.L (k-v--- Thomas J, Wi! a s. Esquire Ten East High treet Carlisle. PA 17013-3093 (717) 243-3341 Attorneys for PetitionerlFather Date: fVl~ J1, ~ CERTIFICATE OF SERVICE I, Tricia D, Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Petition for Contempt was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Legal Services, Inc. Attention: Ms, Jennifer Gutshall 8 Irvine Row Carlisle, PAl 70 I 3 MARTS ON DEARDORFF WILLIAMS & OITO ~,;, 0. ~~ 'cia D, Eckenroad Ten East High Street Carlisle, PA 17013 (7 I 7) 243-334 I Dated: Ifu1 ;J~.;2.$D , .; i :~l I ''f 1/ ~ I Ii . t '>- Ul ~ 0; C" ~~ ~ :'l<!", lJ_~ (") Ch'" ('0 :':: <")~ -":.( " I' . u.. ~:l~ I.., C" I~~t . ..... .:";tn N ''JZ II' , -~ ..' C"~ :.:jw t.L ..~ ..; ~r~a. ~: ~ . . ~. u. \-:1 -.) 0 c.., U .'..'1..........--" . . , .' ", .'.. '.':"'O-'"7"~'''.-''' .-....."',...........,.".""'."'''.,..... MARTSON DEARDORFF WILLIAMS 6l 0"'0 MQW&to TEN EAsT HICH STllf.ET DRUSLE. PENNSYLVANIA \7013 Legal Services, Inc. Attention: Ms. Jennifer Gutshall 8 Irvine Row , Carlisle, PA 17013 _.;.;~..c.;C<'.;.."',..,'"-'--._-,w -_."...."."'^'_.^>._~"'...._c..', ..;.:-~,-"'\~,,:,~~"',..,,~).J.l,.i...~!;;i,::.,.~.;;~~.r;<cJ .. . ,. . . 1 . . , I' f;' "- 'I li ! " . .. . " ,. -' . . .. -- lIAR 2 9 2~ . . ANTHONY T. STEVENSON, PlaintiffJPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2994 CIVIL v. AUDREY E. STEVENSON, Defendant/Respondent IN CUSTODY ORDER AND NOW, this _ day of March, 2000, in consideration of the foregoing Petition for Contempt, a Rule is hereby issued on Audrey E. Stevenson to show cause, if any there be, why the relief prayed for should not be granted. Rule returnable _ days after service. BY THE COURT, , J. cs=?) CC~ ~ ~ . \~::,':<';-' -",'.'1.,..- - -\ , '. , .' " _,;[~J.;...-,,\':ll MQ~&:6 II TEN FA"" HIGII ST1lEET CARLISLE. PENNSYLVANIA 17013 Thomas J. Williams, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 1,"111...111",",11,,11,1..1,1 ,..o;!,.:. "." i;.>~'.,";"",; ~~"'..r:",.".:... '.'. '..,..'" -~ 0'.." , ,,'" ".....-.,.'",...,., ,,:._,....~--,--~..,.-_. - ~"-----'--- . . . . 11 t ,. .. , " t ~ ," '. < . " .' ,. , ,. .. M1?W&:6 MAR 2 9 2000fP ", TiN E.UT HIGH SU[[.T CAkUU.f..I'ENNSYlVANIA 17013 . . ANTHONY T. STEVENSON, Pluinti fflPetitioncr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2994 CIVIL v. AUDREY E. STEVENSON, DefenduntlRespondcnt IN CUSTODY ORDER OF COURT AND NOW, this ~ duy of ~or ,,)c:x::QJpon consideration ofthe attached Complaint, it is hereby directed that the parties and their respective counsel appear before ~\C. C\, - ,the conciliator, at ~Od~\\K-\"o-Slr'lCcrl\P\'"1\\\Pj.L on the day of .:J;:rfJ, at q' ,00 U .m. for a Pre~ Custody Conference. At such onference, an elTort will bc 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 ut the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By:-1D'~noU~. Custody Conciliator L i:S:l:,\ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of1990. 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 heuring. 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 171 ~:r;--(.:'i';~E \''''';1; -. . .." ~ r' ~\I .: . . . ,) 'Nil 00 l~r.R no f'i 1 ~: 5 ! CU1,!';;'- ,'( -, ".ITV \lL..._' ...1 \.....JJ'..J'JI'\(11 PENNSY~/AN!!\ 3'~'tZJ fu/. ~~,., ~ /JIb,Jev-o 3.!)o.tJCJ 7t~u ~ ~ ~S. 3'30,bO c~ ~d# ~ /J?~~' F \F1l.E.S\DATAFILI!\Gcndoc: c~9:'J.'ET:'lok CrnlCd OJ1UtDO 12:1 IS PM Rnitcd OJI]7IOO OJ 01 '9 PM "'92SJ ANTHONY T. STEVENSON, PlaintiffJPetitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2994 CIVIL AUDREY E. STEVENSON, Defendant/Respondent IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Plaintiff, Anthony T. Stevenson, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO and files this Petition to Modify Custody as follows 1. Petitioner's name is Anthony T. Stcvcnson and he resides at 1106 Yverdon Drive Apt. B8, Camp Hill, Cumberland County, Pennsylvania, with his wife and son. 2. Respondent's name is Audrey Stevenson. Her address is unknown. 3. The subject of this Petition is K. C. Lee Stevenson, who was born on December 1, 1992 and resides with Respondent. 4. A conciliation conference was held on October 8, 1998 and the parties agreed to the Court Order that was entered on October 16, 1998 by the Honorable Kevin A. Hess, essentially providing periods of partial custody to the Father every other weekend. A copy of that Order is attached and marked as Exhibit "A." S. Respondent has been in contempt of the Order for approximately one year as: a. She has failed and refused, and continues to fail and refuse, to allow Father to see the child; b. She has not provided her current address to the Father and he does not know where she lives, or where the child lives; c. She has not provided her telephone number to the Father and he has no means of contacting the child; d. She has not provided any information about the child to the Father, not even thc school that the child attends. WHEREFORE, Petitioner requests your Honorable Court to set a time and place for a hearing at which PlaintilTrequests the Court to gront him the Custody Order. Pending said hearing, PlaintilTrequests temporary custody. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By ILo....~~ ~JL~ Thomas J. Wi Ii s, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-334 I Attorneys for PetitionerlFather Date: March 27, 2000 MAR-04-00 10:S7 AM STEYENSON 7324741 P.04 "", 6. ThIs order is entered uant to 111 agreement reached by the pIItles It Il CU5tOdy Conciliatlon Conference In the event either party wishes to modify this order. that party may petition the url to have the ClIIC again scheduled with the CUstody Conciliator for a conii BY TIlE COURT. Is/ ~ a 1J,.~ ~ , ~~ . '. ., c:c: Lep! ServIces Dickinson School ofl.aw Family C lnIe TRUE CO~y FROM RGCORD In Tll31lmony WM-raOI, 'htltl ~ntill!lltmyhBnd and tho seal ot SIlld Court at (;clrllshl. Pa. Thls..tf;-daJ. ~;t~.~ pI Prothonlll4ry MAR-e4-ee 10:~7 AM STEVENSON 7324741 p.e~ . . '-. ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 2994 CIVIL IN CUSTODY V AUDREY E. STEVENSON, Defendant Prior Judac: KevIn A. Hess IN ACCORDANCE W1TI1 THE C 19I5.3-8(b), the undersigned Custody ERLAND COUNTY CIVIL RULE OP PROCEDURE nclIiator submits the following report: 1. The pertinent information pe ining to the child who Is the subject of this litlptlon Is as follows: K. C. Lee Stevcnson, bom Dee 2. A Conciliation Conference wa held 011 Deloher 8,1998, with the following IndividualA In attendance: The Father, Anthony T. Steve II, with his counsel Brad Harker of the Dickinson School of Law, Family Law Clinic; an the Mother Audrey Stevenson, who was represented by her advisor JeMlfer Gutshall of a1 Services. 3. The partlcs agreed to the entry f an order In the form as attached. folll'i r- DATE VERI FICA TION I, Thomas J. Willioms, Esquire, counsel for Pctitioncr depose and say, subject to the penalties of IS Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on his behalf. ~~~.':f.~~ Date: March 27, 2000 >- ~ ~ cr. t.~ j.:~ <- ,-, M :~:):::!: u+!~. t.~) =-... S:I.~" C);~ ~ J . "-- r.:l:. f_:~ .-.i ,- C' 0:. : ;. (I) 'J- 1:"" N <"- :':':Gj I.L . 0: ,;J ..~ TIc. f,;..; ~ " tJ~ 0 ~ U <::;) U ANTHONY T. STEVENSON, Plaintiff vs. AUDREY E. STEVENSON, Defendant AND NOW, this z 0 ~ day of . ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2994 CIVIL TERM CIVIL ACTION - LAW ORDER 1~ ~ ,2000, upon receipt of the Conciliator's Report, it appearing that a hearing is necessary, it is hereby ordered and directed as follows: 1. A hearing is scheduled for the jLrtJ day of dpt;"ntullh 2000, at I:'? 0 o'clock L.M., in Court Room Number L of the Cumberland County Court House. Carlisle, Pennsylvania. Both parties, through counsel, will provide each othcr and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony. Additionally, both parties will submit their proposal for a resolution of the matter. PENDING SAID HEARING. the parties shall have a custodi.al arrangement in accordance with the following: I. All prior Orders related to custody in this casc are V ACA TED. 2. The parties shall share legal custody of the minor child, K. C. Lee Stevenson, d.o.b. December I. 1992. -, 3. Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A. For three (3) straight Saturdays, beginning Saturday May 27, 2000, from 10:00 a.m. until 6:00 p.m.; B. On Saturday, June 17,2000, at 10:00 a.m. until Sunday, June IS, 2000, at 12:00 noon; C. Beginning Friday, June 30, 2000, at 6:00 p.m. until Sunday, July 2,2000, at 6:00 p.m., and altemating weekends thereafter until modified by this Court. 4. The drop-off and pick-up for these periods of custody shall be at the Mother's residence. Mother is currently residing with her parents. If Mother moves, she must provide Father with a current address so that he can effectuate these periods of partial custody. Likewise, Father must keep Mother informed of his current residence. S. Both parties shall provide each other immediately with their home and work telephone numbers. These home and work telephone numbers shall be used for emergency purposes only or to modify the timing of this custodial ., arrangement. Neither party shall use these telephone numbers for any form of harassment or otherwise. BY THE COURT, Thomas J. Williams, Esquire Legal Services, Inc. ./J i\. HESS, J. tapJ" n -fl1 aJJ.. &"':)/000 "RKS mlb Father does acknowledge, however, that up to the point of the conciliation conference, he has never had an ovemight with the child and has only had spomdic contact with the child over the years. 6. The Defendant's position on custody is as follows: Mother denies that she has interrupted Father's custodial arrangcment. She maintains that he has never really followed through with any Orders and that she has not prevented it from occurring. She does acknowledge, however, frequent moves over the last seveml years and also indicates that the arrangements were being made between hcr father and mother with the natuml Father. Apparently Mother and Father cannot communicate at all. Mother does not believe a custodial change is warranted. 7. Need for separate counsel to represent child(ren): Neither party requested. S. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. A hearing in this matter will take three hours. 10. Other matters or comments: This is a case involving a 7 year old child. The Father has had spomdic contact with the child over the years. There was an Order of Court entered in this case on October 16, 1999. that called for a phase-in schedule which eventually would result in Father having the child, bcginning in April, 2000, from Saturday until Sunday. This was never implemented. From the Conciliator's perspective, it is clear that both parties have to bear some of the responsibility for this not occurring. Father, while he maintains that he did not know the Mother's whereabouts, was ablc to spcak with his daughtcr and was able to contact the daughter through the Mother's parents. On thc other hand, Mother's positiDn that Fathcr has not asserted his rights to see the child is equally spccious. Clearly, Mothcr has not madc any rcal elTort to kcep Father advised of her whereabouts and to encouroge pcriods of custody with the child. We have a situation where the two parcnts have a complete inability to communicate with each other and also are making very little effort to try. The Conciliator recommended an Order which is attached whereby Father gets re-established with his daughter and thcn begins a regular, altemating weekend schedule. By the time the case gets to a hearing, the Court should have a real understanding as to whether or not each party's position has any merit. Assuming that the recommended Order is working at the time of the hearing, the Conciliator recommends to Ihe Court that it not be modified. Father does not have a basis for a modification of the custodial arrangement. Mother. on the other hand, must encouroge the regular and consistent contact with Father. Thc rccommended Order accomplishes both of those goals. Hopefully the parties will not be so adamant as to their positions once this Order has been in effect for a period of time and a hearing will not be necessary. Date: June 13,2000 Michael L. Bangs Custody Conciliator RAYMOND F. VARNER and GAYLE A. VARNER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants CIVIL ACTION - CUSTODY NO. c." O' - 'S '1" 7 c.~ ANTHONY T. STEVENSON, Fllaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. AUDREY E. STEVENSON, Defendant CJ..vrL'-ACifOtr':'-CU~ODY ~:,' 2994 of 19~ MOTION TO JOIN CASES 1 AND NOW, comes Raymond F. Varner and Gayle A. Varner, his wife, by and through their attorneys, Dissinger and Dissinger, and requests the Court to join the above two (2) captioned custody cases for purposes of hearing, for the following reasons: 1. Petitioners are Raymond F. Varner and Gayle A. Varner, his wife, who reside at 44 Grant Street, Enola, Cumberland County, Pennsylvania. 2. Respondents are Audrey E. Stevenson who resides at 533 North Enola Drive, Enala, Cumberland County, Pennsylvania and Anthony T. Stevenson who resides at 704 Erford Road, Enola, Cumberland County, Pennsylvania. . 3. Plaintiffs believe Anthony T. Stevenson initiated a custody d....";....-! ,'.", .'t._'-; .. ,. ;,. action against Audrey E. stevenson to Cumberland county Docket Number 94-2994 alleging that Audrey stevenson had custody of the minor child, which allegation was known by both Mr. stevenson and Audrey stevenson to be untrue. (See copy of Custody Complaint filed by Petitioners herein attached as Exhibit "B".) 4. A recent Order pertaining to custody was entered by the Court pursuant to the Agreement of Audrey Stevenson and Anthony stevenson. (See copy of Order attached as Exhibit "A".) 5. The Custody Conciliation Conference scheduled in the matter of Anthony T. Stevenson versus Audrey E. Stevenson was conducted by the Conciliator, Michael L. Bangs on or about May 25, 2000. 6. Petitioner Raymond F. Varner appeared at that Custody Conference and every other time a Custody conference was ever scheduled, but he was excluded from the Custody Conference because he was not a party. 7. Petitioners herein have filed a suit for custody of the minor child, K.C. Lee Stevenson simultaneously with the filing of this Motion. (A copy of said Petition is attached hereto as Exhibi t "B".) 8. Petitioners herein aver that the, minor child has resided with them exclusively since this past February, 2000. 9. Petitioners herein aver that the child, K.C. Lee Stevenson, has resided with them and her mother, Defendant Audrey E. Stevenson, at various times since the child's date of birth. . 10. The child, K.C. Lee stevenson, was placed exclusively with , '" " "~"I' .-- ..... ", ....... Petitioners herein about February 15, by her mother, AUdrey;;~~l~~ 2000. 11. Since the time the Defendant, mother Audrey E. Stevenson placed the child with the Petitioners herein, Petitioners have assumed the parental role in raising the child, to wit: (1.) they have seen that she has received medical when and as needed; (2.) they have obtained and administered the prescriptions for the child when and as needed; (3.) they have provided the food and meals for this child; (4.) they provide the home this child lives in, (5.) they provide the discipline this child requires from time-to-time, and (6.) they attend to her daily care and needs. (See copy of Custody Complaint attached,as Exhibit "6".) 12. In the interest of judicial economy it is appropriate to join the two (2) cases for hearing. 13. The matter of Anthony T. Stevenson versus Audrey E. Stevenson, filed to Cumberland County Docket Number 94-2994, is scheduled for Hearing before The Honorable Kevin Hess on September 14, 2000. 14. Petitioners request that their Petition for custody be heard at the time same and that they not be required to go to conciliation in advance of that Hearing. 15. The Petitioners herein intend to appear in Court in front of The Honorable Kevin Hess on September 14, 2000 at the time of Hearing to assert their rights to custody as grandparents and their standing in loco parentis. . . I: I I '\: ~ 1 M .,' ."""1'" ~, ','..:.1_-.'..' WHEREFORE, Petitioners request that the Court join the two (2) captioned cases set forth above for Hearing on September 14, 2000, at 1:30 P.M. before The Honorable Kevin Hess. . . Respectfully Submitted: DISSINGER & DISSINGER By~~d~~ - ?--- Mary . Etter Dissinge Attorney for Plaintiffs Supreme Court 1.0. H27736 400 South State Road Marysville, PA 17053 (717) 957-3474 . . .... ~.~ _4.'... _. ~,' ~ . \ . AUG 31 2 RAYMOND r. VARNER and GAYLE A. VARNER, his wife, Plaintiffs IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY PENNSYLVANIA . vs. AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants CIVIL ACTION - CUSTODY NO. 00-5997 Civil ANTHONY T. STEVENSON, Plaintiff t:"i c_, IN THE COURT or COMMON~PLEA5 OF CUMBERLAND CO~TY -,. ' PENNSYLVANIA ~;,' '-") vs. ~,. I (, t . :~-,' r:-~ l. AUDREY E. STEVENSON, Defendant -. CIVIL ACTION - CUSTODY- NO. 2994 of 1994/ .:? :1 -... In - , :1,; -.: RULE TO SHOW CAUSE AND NOW, this 31"' day of August, 2000, a Rule is issued upon Joan Carey, attorney for Audrey E. Stevenson and Thomas Williams, attorney for Anthony T. Stevenson, to show cause why the above captioned actions in custody should not be joined. Rule returnable '1 d..,J . d/ t:t- J'IJ'II'u- . BY THE COURT: J. G.flt;..s' ""~lluL: IJ.#y w;f.L,~nU t:UH ~'/ AA>4J..o...,y s;t!E<.>.......s""'"' IJ~ ~4cw' ?~Uiy a.;~ ok. ~V'~'i.x;.r~ f/Jr/ao ~ ,. . ~ RAYMOND F. VARNER and GAYLE A. VARNER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF vs CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW '. AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants NO. 00-5997 CIVIL TERM ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs :~IVIL ACTION - /" NO. 2994 CIVIL LAW 1994 AUDREY E. STEVENSON, Defendant IN RE: CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 14th day of September, 2000. all parties having appeared in court together with their attorneys, it is hereby ordered and decreed that custody of K. C. Lee Stevenson, born December 1, 1992, is as follows: 1) Legal custody shall be shared by the maternal grandparents, Raymond F. Varner and Gayle A. Varner, and the natural parents, Anthony T. Stevenson and Audrey E. Stevenson. 2) Primary physical custody of the child shall be with the maternal grandparents, Raymond F. Varner and Gayle A. Varner, subject to such periods of partial custody with the natural father, Anthony T. Stevenson. as may be agreed upon between him and the grandparents, and partial custody with the natural mother, Audrey E. Stevenson, every other weekend, from Friday until Sunday. at hours to be agreed upon by the parties. The mother may request two additional evenings per week, again, to be agreed upon by the parties.