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HomeMy WebLinkAbout94-03572 ,~ " I " ',; J ~ Lf , ' " I' ',' , i I i I I I j J\ ,I " ,'I I, ~ " , " '," I, " , " LINDA RANKIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 3r 1.1- CIVIL TERM v. CUSTODY RONALD L. FRANKLIN, Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Linda Rankin, residing at 2206 H Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The defendant is Ronald L. Franklin, residing at 1511 Regina Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. The Plaintiff seeks custody of the following child: Name Present Residence Age Shakira D. Franklin 2206 H Cedar Run Drive Camp Hill, PA 17011 2 The child was born out of wedlock. The child is presently in the custody of plaintiff, who resides at 2206 H Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania 17011. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address DatQ Plaintiff & Bryan 2206 H Cedar Run Drive Neal (plaintiff's Camp Hill, PA 17011 son) 3-94 - present Plaintiff, Byran, 2731 Lexington plaintiff's sister, Harrisburg, PA brother, and nephews 8-20-93 - 3-94 Plaintiff, Bryan, Greensboro, NC & plaintiff's uncle 10-92 - 8-20-93 (e) Property owned Cash: _.________ S 1 0.00 Checking Account: 0 Sav i ngs Account: _'_ 0 Certificates of Deposit: __.-2___. Real Estate (including home): _____14/A Motor vehicle: Make ______W Year Cost Amount owed Stocks; bonds: _.___________Q Other :.___.___________._____.JL (f) Debts and obligations Mortgage: ~ Rent: ________ ~ 00 Loans :____._.__....m.._____..__. 0 Month 1 y Expenses: G..r.:o.Q...erj~t;L..I!!Q..,...QQ.~.__EJ..ft.ctri c S45. 00: Te 1 eDhol'.H!....1.~5.,JI9;_..9IDLJ..QL9.Q..o!ll.IJ!l S25. 00: TV~b 1 e 140_._ 00.;..~lQ!_hin9...I.5.Q_,j)_Q....M.i!!Q.~OUE!."lli1.LQJ..~..1l_'_~..Q., 00 (9) Persons dependent upon you for support (Wife) (Husband) Name :_____.__N..LA...____._ Children, if any: Name: ~ak i r~_..F..r.<!..IJJ5lin_ Age: 2 vrs. _.fu:mn.._t!!!~ J r '__._ __.__..J.A....IT..s . 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit mo to pay the costs incurred herein. 5. I verify that the statements made in this affidavit LINDA RANKIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 3572 CIVIL TERM AND CUSTODY vs. RONALD L. FRANKLIN, Defendant CUSTODY ORDER AND NOW, thiS~ day of August, 1994, upon consideration of the parties' Consent Agreement, the following custody Order is entered with regard to custody of the parties' children, SHAKIRA D. FRANKLIN. 1. The plaintiff, hereinafter referred to as the mother, will have primary physical custody of the child. 2. The defendant, hereinafter referred to as the father, will have partial custody of the child at times which are mutually agreed upon by the parties. 3. The mother and father will share legal custody of the child. 4. The father will have the right to see the child on her birthday at a time to be agreed upon by the mother and father. 5. The mother and father will notify each other of all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 6. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and I' I! i' i: ! ~ , I' ~ VS. I IN THE COURT OF COMMON PLEAS OF I I CUMBERLAND COUNTY, PENNSYLVANIA I : CIVIL ACTION - LAW : : NO. 94 - 3572 CIVIL TERM : : AND CUSTODY : LINDA RANKIN, Plaintiff RONALD L. FRANKLIN, Defendant CONSENT AGREEMENT This Agreement is entered on this day of AuC)ust, 1994, by the plaintiff, LINDA RANKIN, and the defendant, RONALD L. FRANKLIN. The plaintiff is represented by Joan Carey, of Legal services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. The defendant and the plaintiff agree to the entry of the following custody order regarding their child, SHAKIRA D. fRANKLIN: a. The mother will have primary physical custody of the child. b. The father will have partial custody of the child at times which are mutually agreed upon by the parties. c. The mother and father will share legal custody of the child. d. The father will have the right to see the child on her birthday at a time to be mutually agreed upon by the mother and father. e. The mother and father agree that each will notify a.m. until &:00 p.m. and the mother will have the child from Christmas Eve at 6:00 p.m. through Christmas each year. 5. Upon at least fifteen days notice to the father, the mother may take the child to visit her relatives in North Carolina twice each year with each visit not to exceed two weeks. Upon at least fifteen days notice to the mother, the father may take the child to Maryland to visit her half-sister four weekends each year. Prior to taking the child out of state, the parties will give each other the address and phone number where the child can be reached in the event of an emergency. Except for these specific times, the child will not be taken out of state without the written agreement of the parties, and neither party will unreasonably withold their consent. 6. Neither party will become intoxicated or expose the child to illegal drugs when the child is in that parent's custody. 7. The father will be responsible for transportation. a. The father and mother will have the child on her birthday at times to be mutually agreed upon by the parties. 9. This Order will remain in effect until further Order of Court. 10. The mother and father will notify each other of all medical care the child receives while in that pare~t's care. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent" care. 11. Neither party will do anything which may estrange the $nd Easter with the father having the child from 8:00 a.m. until 2:00 p.m. and the mother having the child from 2:00 p.m. until 8:00 p.m. The father will have every Christmas Eve from 9:00 a.m. until 6:00 p.m. and the mother will have the child from Christmas Eve at 6:00 p.m. through Christmas each year. S. Upon at least fifteen days notice to th" father, the mother may take the child to visit her relatives 1n North Carolina twice each year with each visit not to exceed two weeks. Upon at least fifteen days notice to the mother, the father may take the chi ld to Maryland to visit her hal f-sister four weekends each year. Prior to taking the child out of state, the parties will give each other the address and phone number where the child can be reached 1n t~e event of an emergency. Except for these speci fie times, the chi ld wi 11 not be taken out of state wi thout the written agreement of the parties, and niether party wi 11 unreasonably withold their consent. 5. Neither party will become intoxicated or expose the child to illegal drugs when the child is in that parent's custody. 6. This Order will remain in effect until further Order of Court. 7. The father will be responsible for transportation. 8. The father and mother wi 11 have the chi ld on her birthday at times to be mutually agreed upon by the parties. 9. The mother and father will notify each other of all medical care the child receives while in that parent's care. Checking account: $ Savings account: $ certificates of Deposit: None Real estate (including home): Nons Motor vehicle: Make None Year ,I I ! Cost Amount Owed Stocksl bonds: None other: None (f) Debts and obligations: Mortgage: None Rent: $ 100.00 per month, plus household expenses, shared, Electric Bill, $ 25.001 Gas Company, $ 50.00; Cable, $ 10.00; Telephone, $ 51.00. Loans: None other: Fines & costsl $ 5,100.00 Payment Arrangements; Currently working with Probation/Parole Board for payments. (g) Persons dependent upon you for support: (Wife) (Husband) Name: N/A Children, if any: Name: Shakira Franklin Age: 3 Name: Chelsey Franklin Age: 2 Other persons: L .-,'1', "I'" I Name: N/A Relationship: N/A 4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances MMHINH M,':dlll -3- ~~ ~~ ~B ~ ~~ ~ Ik.~ ~ o! U ~8 8~ :~ N "" In .., ~ ~ 171 ~ . Ul IE !3 1fI ~ * ~.... ....".. l."!':7-~., .uH . ,,. ... k.. ii..:).... :: ::;;;'.:~....,!L " /1/1 .;,..r. ',/,J! .1':"...'" 1--.). '1 '''. ~l ,"";1'-} - - ~ ~ ',1 I ... ... .... ~ = .", III ~ .Po iZ ~ ~ .. ~ ! ~ g !i'l g: ~ o If E-o ~ ~ .. 0 ~ Ik. Po ~ ::J ...... IJ ~ ~~ ~ ~ "' ~ ~ . III l> ~ .~ iZ't3 Ii < ~ 8 ~ J ~ ~ ~~ " ~ VI Z Z - x z 15 ~ ~ ~ ~ ~ 0 .; x ~ :l Q.:J < ~ ~ ~ N - z < r IJ '" ~ . ~ ~ lliO LINDA RANKIN, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 94-3572 CIVIL TERM : RONALD L. FRANKLIN, Defendant CUSTODY PETITION FOR CIVIL CONTEMPT fOR DISOBEDIENCE OF CUSTODY ORDER The Petition of RONALD L. FRANKLIN, Defendant/Petitioner herein, by and through his attorney, Marlin R. McCaleb, Esquire, respectfully represents: 1. That on May 15, 1995, President Judge Harold E. Sheely entered a custody Order awarding Respondent, LINDA RANKIN primary physical custody of the minor child, SHAKIRA D. FRANKLIN. A true and correct copy of said Custody Order is attached to this Petition. 2. That Respondent has willfully failed to abide by the said Custody Order in that: A. She sent the child to visit relatives in North Carolina on or about June 4, 1995, without advance notice to the Petitioner herein, and specifically without fifteen days' advance notice as required by Paragraph 5 of the said Custody Order; ,....,\ ,'" , B. By sending the child to North Carolina as aforesaid, she failed and refused to permit Petitioner to have partial custOdy of the child from ThUrsday, June B, 1995, through Sunday, June 11, 1995, as required by Paragraph 3 of the said Custody Order. M^'H Irl Il ~1, 1,\1 f t, .hAy '" '9~5 Y LINDA RANKIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3572 CIVIL TERM CUSTODY v. RONALD L. FRANKLIN, De f endant AND NOW, t his CUSTODY ORDER ,...ti- I.. day of May, 1995, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, SHAKIRA D. FRANKLI N . 1. The plaintiff, hereinafter referred to a~ the mother, and the defendant, hereinafter referred to as the father, will share legal custody of the child. 2. The mother will have primary physical custody of the child. 3. The father will have partial custody of the child every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., except during June, July, and August when his alternate weekend schedule will begin on Thursday at 6:00 p.m. if he is not scheduled to work on Friday. 4. The parties will alternate the following holidays: Memorial Day, Fourth of July, and Labor Day with the mother having Memorial Day 1995. The parties will share Thanksgiving and Easter with the father having the child from 8:00 a.m. until 2:00 p.m. and the mother having the child from 2:00 p.m. until 8:00 p.m. The father will have every Christmas Eve from 9:00 a.m. until 6:00 p.m. and the mother will have the child from Christmas Eve at 6:00 p.m. through Christmas each year. 5. Upon at least fifteen days notice to the father, the mother may take the child to visit her relatives in North Carolina twice each year with each visit not to exceed two weeks. Upon at 1 east fi fteen days not ice to the mother, the father may take the child to Maryland to visit her half-sistor four weekends each year. Prior to taking the child out of state, the parties will give each other the address and phone number where the child can be reached in t he event of an emergency. Except for these specific times, the child will not be taken out of state without the written agreement of the parties, and neither party will unreasonably withuld th~ir consent. 6. Neither party will become intoxicated or expose the child to illegal drugs when the child is in that parent's custody. 7. The father will be responsible for transportation. 8. The father and mother will have the child on her birthday at times to be mutually agreed upon by the parties. 9. This Order will remain in effect until further Order of Court. 10. The mother and father will notify each other of all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 11. Neither party will do anything which may estrange the ::::J ~ ... ~~~~ , tilt.; ,':; "'f ~.......).". 't. -:) ,_~ ~1>' ....... '\ "1.'*):.1. ""- 'j' , 'I' , In . n.::; t,,;;e , ..')'1/ I 1", ,....:"i 0.,')'-', !II J!!i f;j ~~ ~~ ~ I ~ ' ~I ~ .... ~ l'i l!!l i~ ~ .... .~ .... "Cl ~ 1Il"Cl ~ ~ ~ ~ ~ I-j~ ~ bu .... ~8 <U ! ! ~ !l:' o u .... . i8 .Q., ~ I-j III .. . Z ~ N I-j I-j C '" ~ ,.. i t If N - III . z c ,., ..:l Q., . I S u '" ~ .. ~ , ell ~ ~ . III ~ i B ..:l llll I" , , , LINDA RANKIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3572 CIVIL TERM vs. RONALD L. FRANKLIN, Defendant CUSTODY AFFIDAVIT OF SERVICB MARLIN R. McCALEB, Esquire, certifies and says: that he is the attorney for Ronald L. Franklin, the Defendant-Petitioner in the above-captioned action; that on behalf of said Petitioner, I did file his Petition for civil contempt for Disobedience of Custody Order in the Office of the Prothonotary of Cumberland County, Pennsylvania, on June 23, 1995; that pursuant to Rule No. 1915.12(d) of the Pennsylvania Rules of Civil Procedure, I did serve said Petition and the Order of Court dated June 29, 1995, upon Linda Rankin, the Plaintiff- Respondent herein, and her counsel, on July 10, 1995, by depositing true and attested copies of said Petition and Order of Court, in the mail at the united states Post Office at Mechanicsburg, Cumberland county, Pennsylvania, post~ge pre- paid, properly addressed as follows: Linda Rankin 2206 H Cedar Run Drive camp Hill, Pennsylvania 17011 Joan Carey, Esquire Legal Services, Inc. a Irvine Row Carlisle, Pennsylvania 17013 I.''''' ''"I'''! and that said items were not returned to sender by the United MAHI IN If M. I ;\1 t II States Postal Service. ~ ... 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., Section 4904, relating to unsworn falsification. Date: August 2, 1995 i1t~-it&~ch~ Marl n R. McCaleb I^,N'H.I.I"', MMillN Il M, l ^L I II -2- ~ .. ' ~ ,.~!,'~ .-f '. J! i~ ~ 'r, ,.>~ " .:11 " .. . u tj i~ ~ i ~ .... ~ ~ .... ~ I:Il .;ol - ~ ~5 S ~ ~ ~ ~ ~ ~ ~ Z'Cl .;ol ~ ~ l:l """ ~ ~ ~ III ~~ E-I ~8 ~ ~ ~ u ~ ~ > -11< . ;~ffi~!~ ill CIl ~ ~ Q 8~ ~ i ~ . ~ ~ll" ~ : i ..:l < Ol ~ If - ~ i ~ N - el~ i B z < . ~ ~ ...:l ~ ~ LINDA RANKIN, Plaintiff VB. IN' THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3572 CIVIL TERM RONALD L. FRANKLIN, Defendant CUSTODY PRAECIPE TO PROCEED PORMA PAUPERIS TO THE PROTHONOTARY, Kindly allow RONALD L. FRANKLIN, Defendant, to proceed in forma pauperis. I, Marlin R. McCaleb, Attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date, December.L6-, 1997. ~~..~d& Marlin R. McCaleb Attorney for Defendant " . I I\W 'HI Ill', M^~lI.IN '4 M. ( ^I I II LINDA RANKIN, ~ IN THE COURT OF COMMON PLEAS OF Plaintiff ~ CUMBERLAND COUNTY, PENNSYLVANIA I vs. I NO. 94-3572 CIVIL TERM I' RONALD L. FRANKLIN, I Defendant CUSTODY APPIDAVIT IN SUPPORT OP PETITION POR LRAVE TO PROCEED IN PORMA PAUPERIS 1. I am the Defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing 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: Ronald L. Franklin Address: 1511 Regina Street Harrisburg, Pennsylvania 17103 Social Security Number: 179-50-2896 (b) If you are presently employed, state: Employer: N/A Address: Salary or wages: Type of work: If you are presently unemployed, state:. Unemployed Name I Chardnonnay Adams Age; 2 Other persons I Name; N/A Relationship; N/A 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. Section 4904, relating to unsworn falsification to authorities. Date; December /J.. , 1997. ~",...Q,.J. i i ~L Ronald L. Frankl n I.\W '11'10 I', MAtH IN If 1\,11 \ ^llll -4- ~ , '" '.. , i' LIt' I-" II' l ) r , ' fi, r I"~ .. '" c, 'e. / ..;/ f ,; l'" .., . ; '" (.. /, (i < ' , ,<., ,., ,1' ..,. " .' .J 'J ;1 III ~ ~E-< i~ ~ lIoo~iIl tl~ ... !~~~ ~ I ... ,~ ~ ~~ e ~ 'C:: r~ " c:: . ~ III 8 ~ ,~ en U ~llo~ e.,~~~~ III 18 ~ .-l C> ~~~ r g:1Il~i ~ ~ ~~U ~h . ~~~~ 'rio, ~ ~ . z ~ ~ ~ rolE-< "<II lD ~ - ~ ~ i lIooS: ~ ~ N ~ ~ i ~~~ z III " 8 ~i x ~ :.l III ::l I'" ~, I' . , '0 ." ,N4r 1 1 1995 Y LINDA RANKIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3572 CIVIL TERM CUSTODY Plaintiff v. RONALD L. FRANKLIN, Defendant AND NOW, this CUSTODY ORDER I!.'.t/- day of May, 1995, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, SHAKIRA D. FRANKLIN. 1. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to as the father, will share legal custody of the child. 2. The mother will have primary physical custody of the child. 3. The father will have partial custody of the child every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., except during June, July, and August when his alternate weekend schedule wi 11 begin on Thursday at 6:00 p.m. if he is not scheduled to work on Friday. 4. The parties will alternate the following holidays: Memorial Day, Fourth of July, and Labor Day with the mother " having Memorial Day 1995, The parties will share Thanksgiving and Easter with the father having the child from 8:00 a.m. until 2:00 p.m. and the mother having the child from 2:00 p.m. until 8:00 p.m, The father will have every Christmas Eve from 9:00 h 1\ , I II ~ , ! i' '1 , .. EXHIBIT "A" II ~ 1\, I a.m. until 6:00 p.m. and the mother will have the child from Christmas Eve at 6:00 p.m, through Christmas each year. 5. Upon at least fifteen days notice to the father, the mother may take the child to visit her relatives in North Carolina twice each year with each visit not to exceed two weeks. Upon at least fifteen days notice to the mother, the father may take the child to Maryland to visit her half-sister four weekends each year. Prior to taking the child out of state, the parties will give each other the address and phone number where the child can be reached in the event of an emergency. Except for these , II " , I! , l . " I specific times, the child will not be taken out of state without the written agreement of the parties, and neither party will unreasonably withuld ihdir consent. 6. Neither party will become intoxicated or expose the child to illegal drugs when the child is in that parent's custody, 7. The father will be responsible for transportation. 8. The father and mother will have the child on her birthday at times to be mutually agreed upon by the parties. 9. This Order will remain in effect until further Order of Court. 10, The mother and father will notify each other of all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent'. care. 11. Neither party will do anything which may estrange the EXHIBIT "A" , child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent, By the Court, I.!oJ 7~A.. F. ..#~ Harold E. Sheely, Ju ge EXIIIBI'I' "A" >. (" '" I , ~I (.; ,. ,. ..- I" " ~ 1,__ .. 11, l..;. -, : r ' 1 " ; , ., 'i I , ... L; I t'... ,...' , ~'J\ U ~~ ~~ I~ ~ ~~ e ~8 ~ ~~ q ~~ i B .... .... ,~ .OJ I:: ,~ iU .,-l IIllloo ~ a ~ ..:1 , C> ~ ~~ ~~ ~ ~ ~ ~ !:l g ~ 1:11I< lllO~ ~ ~ III ~ o U ~ I-< ~ t lIoo . ..:1 ~ ~ , I , , e~ ~~ '~ ~ c . '" t 1 ~ C1 ~ ~ ~ ~ ~ z z ~u ~ ~ d d :II: ~ It Z ~ "<II III ~ - 1] ~ N - Z " x u '" 1 &DEC1'. ..... I" ~','. r-" . .' ", \ I, 1.,1 ; .1 (, " I , I I I ' , ' 1.;I.;g'.tl7 &1:1 I~J' At~ ~ ~t:if 7f.tt:"t"dd' !,J'/f,{') . '"'- .'~ . ~ 4' /1 /.1' ~ /I~~ IJ/~ ~ (~ eu.P' /.;) , "'" ''9) /l /f '_ h -J (~"pr.u~~ ___- ~ .JQ4.?~ ~ . I ( I ili I i 1.-" , I: , " I j L , . '. j' '" "" ,~ . , , THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELPI , OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 FOR THE COURT, Date; By: Custody Conciliator 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 ',vailable 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, -2- interfered with and prevented Petitioner's partial custody of the child or alternate weekends since September 1, 1997, and Petitioner's only contact with his daughter since then hae been in the form of an occasional telephone conversation with her when permitted by Respondent. WHEREAS, Petitioner requests that Respondent be held in Contempt of Court, 14 / .;~ u?1# Marlin~eb Attorney I.D, No, 06353 219 East Main Street Mechanicsburg, Pennsylvania 17055 (717) 691-7770 FAX; (717) 691-7772 Attorney for Defendant/Petitioner VERIPICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA,C,S.~4904, relating to unsworn falsification to authorities. Date: December /,;) , 1997 _Q...:vv.,\L\ \ '--~\ (v"-~ Q."" Ronald L, Franklin Defendant/Petitioner -3- , h4r 1 1 1995 Y LINDA RANKIN, Plaint i ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3~72 CIVIL TERM CUSTODY v, RONALD L. FRANKLIN, Oefendltnt CUSTODY ORDER AND NOW, this 1!.'.t1- day of May, 1995, upon consideration of the parties' Consent Agreement, the following Ord.r is .nt.red with regard to custody of the parties' child, SHAKIRA D. FRANKLIN. 1. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to as the father, will share legal custody of the chila. 2. The mother will have primary physical custody of the child. 3. The father will have partial custody of the child every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., except during June, July, and August when his alternate weekend schedule will begin on Thursday at 6:00 p.m. if he is not scheduled to work on Friday. 4, The parties will alternate the following holidays: Memorial Day, Fourth of July, and Labor Day with the mother having Memorial Day 1995, The parties will share Thanksgiving and Easter with the father having the child from 8:00 a.m. until 2:00 p.m. and the mother having the child from 2:00 p.m. until 8:00 p.m. The father will have every Christmas Eve from 9:00 EXHIBIT "A" a.m, until 6:00 p.m. and the mother will have the child from Christmas Eve at 6:00 p,m. through Christmas each year. 5. Upon at least fifteen days notice to the father, the mother may take the child to visit her relatives in North Carolina twice each year with each visit not to exceed two weeks. Upon at least fifteen days notice to the mother, the father may take the child to Maryland to visit her half-sister four weekends each year. Prior to taking the child out of state, the parties will give each other the address and phone number where the child can be reached in the event of an emergency. Except for these specific times, the child will not be taken out of state without the written agreement of the parties, and neither party will unreasonably withuld ih~ir consent. 6. Neither party will become intoxicated or expose the child to illegal drugs when the child is in that parent's custOdy. 7, The father will be responsible for transportation. 8. The father and mother will have the child on her birthday at times to be mutually agreed upon by the parties. 9. This Order will remain in effect until further Order of Court, 10, The mother and father will notify each other of all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent'. care. 11, Neither party will do anything which may estrange thA EXHIBIT "A" child from the other parent, or injure the opinion of the child a. to the other parent or which may hamper the free and natural development of the child'. love or respect for the other parent, By the Court, I.s.J 7~...l f. .JJo~ Harold E, Sheely, Ju ge EXHIBIT "A" " LINDA RANKIN, Plaintiff I IN 'J!HE COUR'J! OF COMMON PLEAS OF ICUMBERLAND COUN'J!Y, PENNSYLVANIA I INO. 3572 - CIVIL 1994 I v RONALD L. FRANKLIN, Defendant . . :CIVIL AC'J!ION - CUS'J!ODY PRIOR JUDGE: JUDGE HAROLD E. SHEELY CONCILIATION CONFERENCE SUMMARY REPOR'J! IN ACCORDANCE WI'J!H CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19153- 8 (b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Shakari Franklin. 2. A Conciliation Conference was held on September 29, 1995, with the following individuals in attendance: The Mother, Linda Rankin, with her counsel, Judith A. Caulkin, Esquire, and the Father, Ronald L. Franklin, with his counsel, Marlin R. McCaleb, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. j 0/ ~ I q S ~DATE EXHIBIT "B" , " ~. ~~j '.> 1.(: ~. I i-:'; .. II " , f:: '. , ; .. Cl e'l' "J ~, L . " '-" j I I ~:- '.... I 1'.- " (,1 I;)', ,,; n i~ ~ ~~ e 8 t) ~~ ~ ~~ : ~ ~~ i ~ ... ... ,~ ~ c:: ,~ III r ii ~ ~ - , C> ~ . ~ ~~ ~~ , ..:l i I ~ 8 Q ~ ..:l III ~tll:B t)~DIo III 0 ~ ; ! ~ ~ ! ~ ~ Q ~ l ~ e~l!!i ~ ~ ffi~H ~ ~ B~~ ~ ~ ~ z . x ~ 2 , , . , , ~.j_ll_' ",..~n'l 'J/. ", . \. I') ,'~ \\)'. d. ,t" ........, ,,,\. .' ~.".I '. ',. ',' :.,": ...... 1 .. . i~ ~J I \ 'rr :: . : i - . - . - . '; e. p/lr)l\' '; L. .... J l. . "'","'-Y9. e. t'- '" ,t:[ ........ '", ,,_ I 'fjlll" I. , .\'III/~~ ("- I.. i 1 , Mi\flIIN fl'lM"M't~: ';. ';.<1 LINDA RANKIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3572 CIVIL TERM VS, RONALD I" FRANKLIN, Defendant CUSTODY APPIDAVIT OP RETURN OF SERVICE '/)1 1"'1 . 14...Jll1e /1A,r 11'15 , certifies and says; l. He or she is a competent adult, age 31/ years, who is not a party to the above action, 2, On 11",,--<:. h 13#. , 1998, at ..2 : :33 o'clock l..,M, , service of the petition for Modificiation of Custody, with Order of Court dated December 17, 1997, and Notice of Continuance dated February 3, 1998, in the above action was made by the undersigned upon the Plaintiff/Respondent, LINDA RANKIN, by handing a true and attested copy of said Petition and Order to her, 3. service occurred at 3'13$l l<o.V\de\w.o..>\ "\J,J., Greensboro, North Carolina. 4, I understand that false statements herein are made subject to the penalties of 18 PA,C,S" Section 4904, relating ~o unsworn falisification. i Dqte: /tt.ra t, 13-H. A2 e:.~'t L Process Server-- , 1998 '~z~ ~~~ '& lro , " t; If) ;:: "" '. ~_t: .. 2. n D! \I~.' ' . . ( .It "~,,' ~t ; ~. . I $;' o.:l-o ~ ;. :~ " c" ,r., ~r- M ~ .;: ',: 0;:1. c.: ' ii'f1 ~ 10;'; ".).1- 1- - .~ ~ o:l '") "" () , , LINDA RANKIN, Plaintiff vs, IN 'l'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-3572 CIVIL TERM RONALD L, FRANKLIN, Defendant CUSTODY Al1IDAVIT or RmTURN or smRVlcm ~k.t,,~ ~rv;.s , certifies and says; l. He or she is a competent adult, age 3'1 years, who is not a party to the above action. 2, On !i..,-d /3#., 1998, at 2-: 3~ o'clock 1,M., service of the Petition for Civil Contempt and Order of Court dated December 17, 1997, and Notice of Continuance dated February 3, 1998, in the above action was made by the undersigned upon the Plaintiff/Respondent, LINDA RANKIN, by handing a true and attested copy of said Petition and Order to her, 3 , Service occurred at 3434- 'K.nJll\.........'" 'KJ Greensboro, North Carolina. 4. I understand that false statements herein are made "t" ~ ~ '116, ,"'~\I~l IV .r'1jubject to the penalties of 18 PA.C.S" Section 4904, relating ...,,,, ~\.' ........ iI, " .:0 .... . .'.rj..""~ l (" \\01,11/ \;o\unsworn falisification. ~ ~ ,; ... ,.:: ;. '. /"('1.: \\.. ,,.. ~ A..A ( o:.'~"" ,'Date: rl6,,-e,,, .. y~ I, . ' .. ... .., .,( ......... ~.... ...... ""I enl H~ \' ~"...... "",;",,",\ . J L ~" 'U ".'"'' ~ Ir"-' ~1.(4C:('~~" M"'''''' " ""."," ~ ~~11? ~~&".~ 1/ '11.. .:~ J ~/{"'Z()" , '7 ~J""._""" -ry- 'I': '3"':- 199B A.A ~ &~ Process Server fG 11") (~; ,~ .~'; .. " ) , u.Jf.'.: ~~ ; -,.1; ...,. , " 0", ~ ., " f"' . '-1:: ".'1 ..... ) 1.1' y," , {Ii GJ' . t"", ",-, , ;.1" .. rf\1 r:.~ dilJ .'t' '.:.! Q,. r:. ';;J,;.' 1/, o:J d U 0\ J "- ,In , .. c.~ . l.""; I', r.~ .. (' , f'~~ 1.',\. ~. I ,. ( )'- , I .'"j I.... " I.: Ci! (' ',':) .oj: I ... ~.:! ! (", I." '. i ~: . ".'1, ,r' y,..., .J (...', U' i,) " ./ .... MAY I' f!S/IJ . LINDA RANKIN, Plaintiff V :IN THB COURT OF COMMON PLBAS OF :CUMBBRLAND COUNTY, PBNNSYLVANIA : :CIVIL ACTION - LAW : :NOt 94-3572 CIVIL TBRM : IN CUSTODY RONALD L. FRANKLIN, Defendant COURT ORDER rL ~\~!' AND NOW, this IdV) day of , 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. L of the Cu)llberland County CourthRuse on the ~L- day of ClL(~L('<J-t.. , 1998, at ":3" <I, m. at whiChtliiiii testimony wl11 vbe taken in this case. At this hearing the Father, Ronald L. Franklin, shall proceed with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, each party's position on those issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each party. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Pending further Order of this Court after a hearing, the minor child, Shakira D. Franklin, born February 8, 1992, may remain with the Mother, Linda Rankin, in North Carolina through the end of the school year. Mother shall delJ.ver custody of the child to the Father, Ronald L. Franklin, two days after the child is released from school in North Carolina. The child may then reside with the Father until the custody hearing set forth above. BY THB COURT, r}~~ J. CCI . \,(,.,. Kevin .,. Hess Marlin R. McCaleb, Bsquire _ ,e.~....,.~..t ",/J.:t/t}f, John w. Purcell, Jr., Bsquire v A'~, ~ '\, LINDA RANKIN, Plaintiff V 'IN THE COURT OF CONNON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA , 'CIVIL ACTION - LAW , 'NO' 94-3572 CIVIL TERN ,IN CUSTODY RONALD L. FRANKLIN, Defendant CONCILIATION CONl'J:RI:Nc::J: Sw.fARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following reportl 1. The pertinent information pertaining to the child who is the subject of this litigation is as followsl Shakira D. Franklin, born February 8, 1992. , 2. A Conciliation Conference was held with the Conciliator speaking with legal counsel for the parties on a telephone conference call on May 7, 1998. J. The Mother, Linda Rankin, has relocated with the child to North Carolina. The Father, Ronald L. Franklin, suggests that it was done without his consent and without any prior notice. Father desires to have the child returned. However, the child has been living in North Carolina since September 1997. A hearing will be necessary to determine the appropriateness of the custody issue, but the Conciliator is reluctant to bring the child out of school at this time and return the child back to Pennsylvania. The Conciliator recommends that the child be returned to Pennsylvania as soon as school is out for the child to reside with the Father pending any hearing. 4. The Conciliator reconunends an Order in the form as attached. '::(111 q2 DATE re I.^W rHIlIl', MARLIN H Mr CALEf! LINDA RANKIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3572 CIVIL TERM v. RONALD L. FRANKLIN, Defendant CUSTODY ORDIlR 01' COURT AND NOW, this 21st day of August, 1998, in consideration of the within Consent Agreement, and upon motion by John W. Purcell, Jr" Esquire, attorney for Plaintiff, and Marlin R. McCaleb, Esquire, attorney for Defendant, it is hereby ordered and directed that custody of the minor child, SHAKIRA D. FRANKLIN (born February 8, 1992), shall be as follows: 1. plaintiff, hereinafter referred to as "Mother", and Defend~nt, hereinafter referred to as "Father", shall share legal custody of the child. 2. Mother shall have primary physical custody of the child, subject to Father's partial physical custody as hereinbelow provided. 3. Father shall have partial physical custody of the child for eight (8) weeks every Summer, commencing approximately one (1) week after the termination of the child's school year, Father shall also have partial physical custody of the child for one (1) week each Christma5 season, commencing December 24 in even-numbered years and December 26 in odd- numbered years. 4. Commencing with Christmas, 1998, Mother shall provide transportation for the child to Father's residence to begin lAW Cl~'111 " M^~L1N H MICAL.FH Father's partial physical custody and Father shall provide transportation for the child to Mother's residence to end Father's partial physical custody. 5, Father shall have the right, at his expense, to speak to the child by telephone at least twice weekly, during reasonable hours. 6, Each parent shall keep the other advised as to his or her current address and telephone number, 7, Except to move back to Pennsylvania, Mother shall not move the child's residence from the Greensboro, North carolina, area without approval of the Court or Father's written consent. 8, If the Court shall hereafter determine, after Hearing, that Mother has violated any of the provisions of Paragraphs J through 7 hereof, then primary physical custody of the child shall be transferred to Father, subject to Mother's rights of partial physical custody as the parties may then agree or the Court may then determine. 9. Father's Petition for civil Contempt, filed herein on December 12, 1997 (the "current Petition"), shall be held in abeyance, with Father reserving the right to reinstitute a Petition for contempt at any time in the futur.e without prejudice to the allegations set forth in the current Petition. 10, Neither parent will become intoxicated or expose the child to illegal drugs when the child is in that parent's custody. -2- 11. Each parent will notify the other of all medical care that the child receives while in that parent's care. Each parent will immediately notify the other of medical emergencies that arise while the child i~ in that parent's care. 12. Neither parent will disparage the other parent to the child, nor do anything which may estrange the child from the other parent, nor do anything to injure the opinion of the child as to the other parent, nor do anything which may hamper the free and natural development of the child's love and respect for the other parent. 13. Both parties may, by mutual agreement, switch responsibility for dropping off or picking up, or make other arrangements for tr.ansportation of, the child, provided that they share those responsibilities equally. COURT, / / , A /::1-. vin A. Hess, Judga I.A\Nllffll:I', MARLIN H MtlALE.f;t -3- I #loW 011111-" MAFUIN H MrCAlftl LINDA RANKIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3572 CIVIL TERM v. RONALD L. FRANKLIN, Defendant CUSTODY CONSENT AGREEMENT This Agreement is entered into this "1 IS I- ~~ day of August, 1998, by and between the Plaintiff, LINDA RANKIN, represented by John W. Purcell, Jr., Esquire, and the Defendant, RONALD L. FRANKLIN, represented by Marlin R, McCaleb, Esquire. The parties agree to the entry of an Order of Court setting forth the following provisions for the custody of their daughter, SHAKIRA D. FRANKLIN (born February 8, 1992): 1. Plaintiff, hereinafter referred to as "Mother", and Defendant, hereinafter referred to as "Father", shall share legal custody of the child, 2, Mother shall have primary physical custody of the child, subject to Father's partial physical custody as hereinbelow provided. 3. Father shall have partial physical custody of the child for eight (8) weeks every Summer, commencing approximately one (1) week after the termination of the child's school year, Father shall also have partial physical custody of the child for one (1) week each Christmas season, commencing December 24 in even-numbered years and December 26 in odd- numbered years. 4, Commencing with Christmas, 1998, Mother shall provide transportation for the child to Father's residence to begin Father's partial physical custody and Father shall provide transportation for the child to Mother's residence to end Father's partial physical custody, 5, Father shall hav~ the right, at his expense, to speak to the child by telephone at least twice weekly, during reasonable hours. 6, Each parent shall keep the other advised as to his.or her current address and telephone number. 7, Except to move back to Pennsylvania, Mother shall not move the child's residence from the Greensboro, North Carolina, area without approval of the Court or Father's written consent. B. If the Court shall hereafter determine, after Hearing, that Mother has violated any of the provisions of Paragraphs 3 through 7 hereof, then primary physical custody of the child shall be transferred to Father, subject to Mother's rights of partial physical custody as the parties may then agree or the Court may then det~rmine. 9, Father's Petition for civil Contempt, filed herein on December 12, 1997 (the "current Petition"), shall be held in abeyance, with Father reserving the right to reinstitute a Petition for Contempt at any time in the future without t^W nHIII', MAHUN.' Me '- ^LU\ prejudice to the allegations set forth in the current Petition. 10. Neither parent will become intoxicated or expose the child to illegal drugs when the child is in that parent's -2- " 1:&<< O~ en~ ~~ III p, en "" ~ ~ ~ ~~ ~ "" I': I ,~ III ~ " ~ ~ .'tl 8 ~ ~p. E-< I': ZI': ~ ~,~~~~ 'M ~ <V o . H III ~~ ~~ H o-i 0 .> ~ ~ U ~~i~!~ H . < 'tl U :z: , I': I:&< 0 H Ul ~ III 0 , fl.! 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