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Jamie Payne,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94 -4-379cIVIL TERM
Rodney Wheeler,
Defendant
CUSTODY
ORDER OF COURT
AND NOW, August J./ '/:t. , 1994, upon cons i derat i on of the
attached complaint, it is hereby directed that the parties and
their reBpective counsel appear before ~~ ~/r" ,
the conciliator, at t/~I/lJtX fv-r.IuJ~ c..WJ./J4/.. the J.i!~ day
fj'Jv
A ~ .m., for a Pre-Hearing Custody
.
of ~()I-t- J.u-
.
I 1994. at
Conference. At such conference, an effort will be made to
resolve the issues in disputej or if this cannot be accomplished,
to define and narrow thB issues to be heard by the court, and to
enter into a temporary order. Failure to appear at the
conference may provide grounds for entry of a temporary or
permanent order.
For the Court,
c~t;t{ij;tj~(~
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 ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
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Jamie Payne,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Rodney Wheeler,
Defendant
NO. 94 -
CUSTODY
CIVIL TERM
COMPLAINT FOR CUSTODY
1. The plaintiff is Jamie Payne residing at 825 Factory
Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant is Rodney Wheeler residing with Mary
Johnson, the plaintiff's mother, at 101 McNann Street,
Middletown, Dauphin County, Pennsylvania.
3. The plaintiff seeks custody of the following children:
~ Present Residence A!:le
Cody Donald Wheeler 101 McNann Street 1 yr. old
Middletown, PA DOB 6/29/93
Dustin Robert Wheeler 101 McNann Street 1 yr. old
Middletown, PA DOB 6/29/93
The children were born out of wedlock.
The children are presently in the custody of the defendant
who resides at 101 McNann Street, Middletown, Pennsylvania.
During the children's lifetim~, they have resided with the
following persons and at the following addresses:
Name
Plaintiff, defendant,
and Gregory Maes
(plaintiff's son)
Plaintiff, defendant,
and Gregory Maes
Address
~
6/29/93 to
10/30/93
27 Chestnut St.
Apartment 3
Mt. Holly Springs, PA
825 Factory St.
Carlisle, PA
10/30/93
to 4/5/94
4/5/94 to
7/16/94
Plaintiff, and
Gregory Maes
825 Factory st.
Carlisle, PA
/.
Plaintiff, defendant,
and Gregory Maes
Defendant, Mary and
Robert Johnson
(plaintiff's mother
and step-father), and
Scott Johnson (Robert
Johnson's son)
7/16/94 to
7/30/94
7/31/94 to
present
826 Factory st.
Carlisle, PA
101 McNann St.
Middletown, PA
The mother of the children is Jamie Payne currently
residing at 826 Factory Street, Carlisle, Pennsylvania.
She is divorced.
The father of the children is Rodney Wheeler, currently
residing at 101 McNann Street, Middletown, Pennsylvania.
He is married.
4. The relationship of plaintiff to the children is that of
mother. The plaintiff currently resides with the fOllowing
persons:
Name
Gregory Maes
Relationshio
Son
6. The relationship of defendant to the children is that of
father. The defendant currently resides with the following
persons:
Name
Relationshio
Cody Donald Wheeler
Dustin Robert Wheeler
Mary Johnson
Son
Son
Maternal Grandmother of
Cody and Dustin
Wheeler
Mary Johnson's husband
Robert Johnson's son
Robert Johnson
Scott Johnson
6. The plaintiff has not participated as a party or
witness, or in another capacity, in other litigation concerning
the custody of the children in this or another court.
1. The plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
8. The plaintiff does not know of a person not a party to
the proceedings who haB physical custody of the children or
claims to have custody or visitation rights with respect to the
children.
9. The best interest and permanent welfare of the children
will be served by granting the relief requested because:
a) The plaintiff has been the primary caretaker of the
chil dren.
b) The defendant has refused to return the children to the
plaintiff and is denying her any access to the children.
c) The plaintiff is concerned because after the defendant
left with the children, he threatened to take them to Texas,
where his family resides.
10. Each parent whose parental rights to the children have
not been terminated and the person who has physical custody of
the children have been named as parties to this action.
WHEREFORE, the plaintiff requests this Court to grant
primary physical custody of the children to the plaintiff with
partial custody in the defendant.
Respectfully submitted,
~.~ (\I...,'.:.A.. - (? tk........
Jan uller-Peterson
Joan Carey
Attorneys for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 11013
(111) 243-9400
..
.
The above-named plaintiff, Jamie Payne, verifies that the
statements made in the above Complaint are true and correct. The
plaintiff understandB that false statements herein are made
subject to the penalties of 18 Pa. C.S. g 4904, relating to
unsworn falsification to authorities.
Date: (.}r....J. 9'((
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JAMIE PAYNE,
Plaintiff
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94.l./37~ CIVIL TERM
IN CUSTODY
RODNEY WHEELER,
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Jamie Payne, Plaintiff, to proceed in forma
oauoeris.
I, Jane Muller-Peterson, attorney for the party proceeding
in forma oauoeris, certify that I believe the party is unable to
pay the costs and that I am providing free legal services to the
party. The party's affidavit showing inability to pay the COstB
of litigation is attached hereto.
~1k..'PO~LQ~-^r-
Jane M ller-peterson
Attorney for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERI~
1. I am the plaintiff in the above matter and becauae 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 liti9ation.
3. I represent that the information below relating to my
ability to pay the fees and costs is true and correct.
(a) Name:
Jamie Payne
Address:
825 Factorv Street
Carlisle. PA 17013
Social Security Number:
165-56-2911
(b) If you are presently employed, state
Employer:
Address:
N/A
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment:
3/94
Type of work:
Waitress
Salary or wages per month: S776.00/month for 4 months
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
PBnsion and annuities:
Social Security benefits:
Support payments:
Disability payments:
Unemployment compensation and
supplemental benefits:
Workman's compensation:
o
o
o
o
o
o
o
o
o
o
Public Assistance: S497.00 oer month for 8 months
Other: Food stamos S293.00/month
(d) Other contributions to household support
(Wife)(Husband) Name:
N/A
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash:
SO.OO
.'
Checking Account: $0.00
Savings Account: $0.00
Certificates of Deposit: $0.00
Real Estate (including home):
Motor vehicle: Make Plymouth
Cost Gift
$0.00
$0.00
N/A
Year 1979
Amount owed $0.00
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage: N/A
Rent: $13.00 (subsidized)
Loans: $0.00
Monthly Expenses:Groceries not covered by food stamDs
$50.00: Electric $54.00: Gas for heatinA/cookinA $86.00
Trash $25.00: Water & SewaAe $45.00: Gas for car $80.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name: N/A
Children, if any:
NamB:Cody Wheeler Age: 1 year
Dustin Wheeler 1 year
~re~rY Maes 2 1/2 years
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 incurrBd herein.
5. I verify that the statements made in this affidavit
are true and correct. I understand that false statements herein
are made 6ubject to the penalties of 18 Pa. C.S. 4904, relating
to unsworn falsification to authorities.
'-'.
Date: .J3-3.'PC/
,
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~m' Payne, Plaintiff
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JAMIE PAYNE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94 -L/37<J CIVIL TERM
vs.
RODNEY WHEELER,
Defendant
CUSTODY
ORDER
AND NOW, this
d"
.., day of August, 1994, a Rule is issued on the defendant to
show cause why the within petition should not be granted and the children returned to their
mother pending further proceedings. This rule returnable and to be heard on Wednesday,
August 10, 1994, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle,
PA.
BY THE COURT,
Joan Carey, Esquire
For the Plaintiff
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Jamie Payne,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Rodney Wheeler,
Defendant
NO. 94 -
CUSTODY
CIVIL TERM
TEMPORARY CUSTODY ORDER
AND NOW, this
day of August, 1994, upon
consideration of the Petition for Special Relief, the defendant
is ordered to return the children to the plaintiff immediately.
The plaintiff is granted primary physical custody of the children
with partial custody in the defendant every other weekend from
Friday at 6:00 p.m. until Sunday at 6;00 p.m. Neither party
shall remove the children from the Commonwealth of Pennsylvania
pending further order of court.
By the Court,
, J.
,. '!J'~
--
Jamie Payne,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Rodney Wheeler,
Defendant
NO. 94 -
CUSTODY
CIVIL TERM
PETITION FOR SPECIAL RELIEF
The petitioner by and through her attorney, Jane Muller-
Peterson, Legal Services, Inc., represents the fOllowing:
1. The plaintiff, Jamie Payne, hereinafter referred to as
the mother, reBides at 825 Factory Street, Carlisle, Cumberland
County, PennBylvania 17013.
2. The defendant, ROdney Wheeler, hereinafter referred to
as the father, resides at 101 McNann Street, Middletown, Dauphin
County, Pennsylvania.
3. The parties are the parents of Cody Donald and Dustin
Robert Wheeler.
4. On
, 1994, a Complaint for Custody
was filed in the above-captioned matter by the mother. A
conciliation conference is scheduled for
1994, at .m. before
5. The mother has been the primary caretaker of the
children since their births.
6. On JUly 31, 1994, the father took the children from the
mother's residence to the maternal grandmother's residence and
refuses to return the children.
7. On August 1, 1994, when the mother went to the maternal
grandmother's residBnce, the grandmother denied that the
, .
.. .
plaintiff's children, Cody and Dustin, were at her residence.
8. The mother believed that her children were there and
contacted the police for assistance. The Swartara Township
Police Department called the grandmother and heard children
crying in the background. When the police and the mother went to
the grandmother's residence, they discovered that the grandmother
had contacted the father and he arrived. Since there was no
custody order, the police could not assistance the mother and
advised her to get a custody order.
WHEREFORE, the plaintiff requests that this court enter a
Temporary Order directing the defendant to return the children to
the plaintiff immediately and to grant her primary physical
custody of the children with partial custody in the defendant
every other weekend from Friday at 6:00 p.m. until Sunday at 6:00
p.m. until further Order of Court.
Respectfully submitted,
~ /l~Il.Il,^--C?cZL:C.~
J Muller-Peterson
Joan Carey
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
CarliSle, PA 17013
(717) 243-9400
,.. ca~",
, ,
-"
The above-named plaintiff, Jamie Payne, verifieB that the
statements made in the above Petition are true and correct. The
plaintiff understands that false statements herein are made
sUbject to the penalties of 18 Pa. C.5. g 4904, relating to
unsworn falsification to authorities.
Date:
8" ~- ~/
.
Payne,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
vs.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94 - 4379 CIVIL TERM
CUSTODY
Rodney Wheeler,
Defendant
CUSTODY ORDER
AND NOW, this
rr
day of August, 1994, upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' children, Cody Donald and
Dustin Robert Wheeler.
1. The plaintiff and defendant will have shared legal
custody of the minor children.
2. The plaintiff, hereinafter referred to as the mother,
will have primary physical custody of the children.
3. The defendant, hereinafter referred to as the father,
will have partial custody of the children, every other weekend
from Friday at 6:00 p.m. until Sunday at 6:00 p.m. The father
will give the mother reasonable notice if he does not intend to
exercise his partial custody rights.
4. The father and mother will share the following holidays,
at times agreed upon by the parties: Easter, Thanksgiving,
Christmas, Memorial Day, the Fourth of July, and Labor Day.
5. The father will have the right to see the children on
their birthday at a time to be agreed upon by the mother and
father.
6. The mother and father, by
from this schedule at any time.
mut~~t~.~J~~~% may
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vary
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7. The mother and father will notify each other immediately
of medical emergencies which arise while the children are in that
parent's care.
8. Neither party shall do anything which may eBtrange the
children from the other parent, or injure the opinion of the
children as to the other parent or which may hamper the free
and natural development of the children's love or respect for the
other parent.
By the Court,
/!~
Hess, J.
Jamie Payne,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94 - 4379 CIVIL TERM
vs.
Rodney Wheeler,
Defendant
CUSTODY
CONSENT AGREEMENT ./J
90
entered on this day
This Agreement is
of August,
1994, by the plaintiff, Jamie Payne and the defendant, Rodney
Wheeler. 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 defendant and the plaintiff agree to the entry of the
fOllowing Custody Order regarding their children, Cody Donald and
Dustin Robert Wheeler:
1. The plaintiff and defendant will have shared legal
custody of the minor chiJdren.
2. The plaintiff, hereinafter referred to as the mother,
will have primary physical custody of the children.
3. The defendant, hereinafter referred to as the father,
will have partial custody of the children, every other weekend
from Friday at 6:00 p.m. until Sunday at 6:00 p.m. The father
will give the mother reasonable notice if he does not intend to
exercise his partial custody rights.
4. The father and mother will share the following holidays,
at times agreed upon by the parties: Easter, Thanksgiving,
Christmas, Memorial Day, the Fourth of July, and Labor Day.
5. The father will have the right to see the children on
their birthday at a time to be agreed upon by the mother and
father.
6. The mother and father, by mutual agreement, may vary
from this schedule at any time.
7. The mother and father will notify each other immediately
of medical emergencies which arise while the children are in that
parent's care.
8. The parties realize that their children's well being is
paramount to any differences they might have between themselveB.
Therefore, they agree that neither party will do anything which
may estrange the children from the other parent, or injure the
opinion of the children as to the other parent or which may
hamper the free and natural development of the children's love or
respect for the other parent.
WHEREFORE, the parties request that an Order of Court be
entered to reflect the above terms.
~1!vr(1- {AJ~elL
ROdney1Wheeler, Defendant
oan Carey
Attorney for Pla' tiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
/'
DOT 04 1994 Jr..-
v
IIN 'l'HE COUR'l' OF COMMON PLEAS OF
ICUMBERLAND COUN'l'Y, PENNSYLVANIA
I
INO. 4379 - CIVIL - 1994
I
I
ICIVIL AC'l'ION - CUS'l'ODY
JAMIE PAYNE,
Pldnt1U
RODNEY WHEELER,
Defendant
c;Q~~BR
AND NOW, this ~ day of . S ~ , 1994, the Conciliator
being advised that the part have reached an agreement, the
Conciliator relinquishes jurisdiction.
Hubert x. Gilroy, Es re
Custody Conciliator
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