Loading...
HomeMy WebLinkAbout02-5208Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs JEFFREY L. BLAINE and PATRICIA J. BLAINE, Plaintiffs KENNETH B. SHAFFER and AMIE M. YAKSTIS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0,2." ~z~,~, o~;~ CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this __ day of October 2002, come Petitioners, JEFFREY L. BLAINE and PATRICIA J. BLAINE, husband and wife, by and through their undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and file this Petition for Custody, and in support thereof aver as follows: 1. Plaintiffs are Jeffrey L. Blaine and Patricia J. Blaine, husband and wife, who reside at 902 Orange Street, Selinsgrove, Snyder County, Pennsylvania 17870. 2. Defendant Kenneth B. Shaffer currently resides at 129 Tory Circle, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant Amie M. Yakstis currently resides at 12501 Tech Boulevard, Apt. 1615, Austin, Texas 78753. 4. Plaintiffs are the parents of Defendant Kenneth B. Shaffer, who is the father of the child subject to this custody action. 5. Plaintiffs seek custody of the following child: Kristen Marie Shaffer, who currently resides at 129 Tory Circle, Enola, Pennsylvania, and whose date of birth is August 18, 1996. 6. The Plaintiffs, Patricia J. Blaine and Jeffrey L. Blaine, are the paternal grandmother and step- grandfather of the subject minor child. 7. The Defendants, Kenneth B. Shaffer and Amie M. Yakstis, are the natural parents of the subject minor child. 8. The minor child was born out of wedlock. 9. The minor child is presently in the custody of Defendant Kenneth B. Shaffer, who resides at 129 Tory Circle, Enola, Pennsylvania. 10. During the past five (5) years, the minor child has resided with the following persons at the following addresses: Persons Addres~ Duration 1. Jeffrey L. Blaine 902 Orange Street Patricia J. Blaine Selinsgrove, PA 17870 Birth -08/14/98 2. Kenneth B. Shaffer Pfautz Apartments Kim LaPorta Duncannon, PA 17020 08/14/98-08/30/98 Carlie LaPorta 3. Kenneth B. Shaffer Manchester, PA Kim LaPorta 08/30/98 - 08/99 Carlie LaPorta Carrie Shaffer Jodi Kerr 4. Kenneth B. Shaffer 4150 Valley Road Jennifer Brown(Il/99-02/00) Enola, PA 17025 08/99-07/2001 Erin Goldstein (from 05/01) 5. Kenneth B. Shaffer '129 Tory Circle Erin Goldstein (until 03/02) Enola, PA 17025 07/2001- Present Cathy Fisher Gro (from 05/02) 11. The Mother of the minor child is Amie M. Yakstis, who currently resides at 12501 Tech Boulevard, Apt. 1615, Austin, Texas 78753. She is unmarried. 12. The Father of the minor child is Kenneth B. Shaffer, who currently resides at 129 Tory Circle, Enola, Cumberland County, Pennsylvania. He is unmarried. 13. The relationship of Plaintiffs to the minor child is that of paternal grandparents. The Plaintiffs currently reside with the following persons: N/A. 14. Defendant Amie M. Yakstis currently resides with the following persons: 15. Defendant Kenneth B. Shaffer currently resides with the following persons: Cathy Fisher Gro, Girlfriend. 16. The Plaintiffs have participated as padies or witnesses in other litigation concerning the custody of this child in another Court. The Court term and number is: Jeffrey L. Blaine and Patricia J. Blaine v. Kenneth B. Shaffer and Amie M. Yakstis, Court of Common Pleas of Snyder County, Docket No. 319- 1998 Civil- Custody. 17. In that matter, the Plaintiffs herein filed a Petition for Emergency Custody on August 18, 1998, to which an Order was issued granting sole legal and physical custody of the child to Plaintiffs, and scheduling a hearing before the Court of Common Pleas of Snyder County on August 26, 1998. The matter was resolved by agreement of the parties giving shared legal and physical custody to Plaintiffs. 18. The Defendants participated in a separate action in the Court of Common Pleas of York County, docketed to 96-SU-04973-03 in Custody. The case was captioned Kenneth B. Shaffer v. Amie M. Yakstis. That matter was resolved by Stipulation dated October 22, 1996, and was incorporated into a Court Order dated October 29, 1996. That Order conveyed majority physical custody and legal custody of the minor child to Defendant, Kenneth B. Shaffer. Defendant Amie M. Yakstis retained liberal rights of visitation only. 19. Plaintiffs do not have information of any custody proceeding concerning the minor child pending in any Court of this Commonwealth. Plaintiffs do not know of a person who is not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 20. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. From the time the minor child was born, the Plaintiffs lived with and cared for the child as parents to the child for the first two (2) years of the child's life. b. The Plaintiffs, on a regular and practically daily basis, cared for the child while the Defendant, Kenneth B. Shaffer, was at work. c. From the time the child was two (2) years old until the child was 4-1/2 years old, the Plaintiffs had contact every weekend and watched the child most every day. d. Since December 2000, the visits have been regular but sporadic due to the girlfriend of Defendant, Erin Goldstein, preventing the same frequency of contact between Plaintiffs and the minor child. e. For the better part of 2002, the Plaintiffs have watched the child five (5) days per week before and after school, and had regular overnight visits. f. The Defendant, Kenneth B. Shaffer, and the current girlfriend of Defendant, Cathy Fisher Gro, who resides with him, are now recently preventing the Plaintiffs from visiting with the child, spending any significant time with the child, or having the child overnight. 21. Each parent whose parental rights to the minor child have not been terminated, and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiffs respectfully request this Honorable Court grant them partial custody of the minor child, Kristen Marie Shaffer. Respectfully submitted, JOHNSON, DUFFLE, STEWART ~qER Ma~'~'C. Duffie ~ Attorney I.D. No. 75900' { :164127 Attorneys for Plaintiffs \ \ VERIFICATION I, JEFFREY L. BLAINE, state that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date:/CY~ / ¢,- ¢ ~ VERIFICATION I, PATRIClA J. BLAINE, verify that the statements made in this Complaint Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: Patricia J. Bl~e JEFFREY L. BLAINE AND PATRICIA J. BLAINE PLAINTIFF KENNETH B. SHAFFER AND AMIE M. YAKSTIS : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5208 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, November 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbur§, PA 17055 on Tuesday, November 19, 2002 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours l~rior to scheduled hearinll. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR 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 PATRICIA J. BLAINE, Plaintiff VS. KENNETH B. SHAFFER and AMIE M. YAKSTIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5208 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this "d~l' ~ day of ~'-¢,n~~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Paternal Grandmother, Patricia Blaine, shall have partial physical custody of the Child, Kristen Marie Shaffer, bom August 18, 1996, in accordance with the following schedule: A. On Monday, December 2, 2002, from 8:00 a.m. until 4:00 p.m. B. On Sunday, December 8, 2002, from 12:00 noon until 6:00 p.m. C. On Sunday, December 22, 2002 from 12:00 noon until 6:00 p.m. D. On Christmas morning in 2002 from 9:00 a.m. until 11:00 a.m. E. On Saturday, January 4, 2003 from 9:00 a.m. until 5:00 p.m. F. On Sunday, January 5, 2003 from 12:00 noon until 6:00 p.m. G. Beginning on Sunday, January 19, 2003 and continuing thereafter pending further Order of Court or agreement of the parties, on alternating Sundays from 12:00 noon until 6:00 p.m. 2. The Grandmother shall be entitled to contact the Child by telephone 1 time per week and the Father shall ensure that the Child retums the Grandmother's calls if the parties are not home at the time of the Grandmother's call and she leaves a message. Except in the event of an emergency, the Grandmother shall not contact the Father's home by telephone or come to the Father's residence other than for the weekly telephone call and specified custody exchanges except as arranged by agreement of the parties. 3. The parties acknowledge that the Grandmother has entered into an agreement for the custody arrangements set forth in this Order as an initial step toward her goal of expanding contact with the Child and increasing flexibility in the schedule. The Father agrees to review the partial custody arrangements in the future as the parties' relationship improves. After following the custody schedule set forth in this Order through January 5, 2003, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference if necessary to formally review the custody arrangements at that time. ~NVA']ASNN:Jcl 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ccir Mark Duffle, Esquire - Counsel for Paternal Grandmother ! Roger R. Laguna, Esquire - Counsel for Father / Amie M. Yakstis, Mother PATRICIA J. BLAINE, Plaintiff VS. KENNETH B. SHAFFER and AMIE M. YAKSTIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5208 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits thc following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF KriSten Made Shaffer August 18, 1996 Father 2. A Conciliation Conference was held on November 27, 2002, with the following individuals in attendance: The Paternal Grandmother and Step-Grandfather, with their counsel, Mark Duffle, Esquire, and the Father, Kenneth Shaffer, with his counsel, Roger R. Laguna, Esquire. The Mother, Amie Yakstis currently resides in Texas and did not attend the Conference or contact the Conciliator. The Plaintiffs' counsel stated that he had obtained service of the Petition and notice of the Conference on the Mother. The Mother had signed an agreement giving the Father sole custody and the Mother does not maintain any contact with the Child. 3. The Father currently has primary physical and sole legal custody of the Child under an Order dated October 29, 1996 in the York County Court of Common Pleas at Docket Number 96-SU- 04973-03. This matter was filed by the Paternal Grandmother seeking partial physical custody of the Child, which does not affect the current custody arrangements between the Father and the Mother. 4. It was agreed at the Conference that the Plaintiffs' counsel would amend the Complaint or file the necessary Praecipe to delete the Step-Grandfather, Jeffrey '.Blaine, from the caption as a party. 5. The parties agreed to entry of an Order in the form as attached. Dawn S. Sunday, Esquire ~ Custody Conciliator ~ Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs JEFFREY L. BLAINE and PATRICIA J. BLAINE, - Plaintiffs V. KENNETH B. SHAFFER and AMIE M. YAKSTIS, · Defendants . IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5208 Civil Term CIVIL ACTION - LAW IN CUSTODY TO THE PROTHONOTARY: PRAECIPE Please remove and withdraw Jeffrey L. Blaine as a Plaintiff in the above-captioned matter. :165O45 Respectfully submitted, Mark C. Duffle Attorney I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiffs PATRICIA J. BLAINE, Plaintiff VS. KENNETH B.SHAFFER AND AMIE M.YAKSTIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5208 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, this ~ day of ~'-., I"-~ , 2003, upon consideration of the attached Custody Conciliation Report, it ~s cn:deited and directed as follows: 1. The prior Order of this Court dated December 3, 2002, shall continue in effect. 2. The Father, Kenneth B. Shaffer, and the paternal Grandmother, Patricia J. Blaine, shall participate in a minimum of three counseling sessions with Deborah Salem. The parties shall contact the counselor's office to schedule their respective initial individual sessions within fifteen days of the date of this Order. The purpose of the counseling shall be to assist the parties in addressing issues which have arisen with regard to the paternal Grandmother's periods of contact with the Child. The Grandmother shall pay all costs of counseling. BY THE COURT, cc: Mark Duffle, Esquire - Counsel for Paternal Grandmother, Roger Laguna - Counsel for Father PATRICIA J. BLAINE, Plaintiff VS. KENNETH B.SHAFFER AND AMIE M.YAKSTIS Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5208 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3~8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kristen Marie Shaffer August 18, 1996 Father 2. A Conciliation Conference was held on June 27, 2003 with the following individuals in attendance: The Paternal Grandmother, Patricia J. Blaine, with her counsel, Mark Duffle, Esquire, and the Father, Kenneth B. Shaffer, and his counsel, Roger R. Laguna, Esquire. The Mother, Amie Yakstis who resides in Texas, was served with notice of the conference but was not in attendance. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator PATRICIA J. BLAINE, Plaintiff VS. KENNETH B.SHAFFER AND AMIE M.YAKSTIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5208 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~.~ day of ~"~., [---~ , 2003, upon consideration of the attached Custody Conciliation Report, it'is oide~ed and directed as follows: 1. The prior Order of this Court dated December 3, 2002, shall continue in effect. 2. The Father, Kenneth B. Shaffer, and the paternal Grandmother, Patricia J. Blaine, shall participate in a minimum of three counseling sessions with Deborah Salem. The parties shall contact the counselor's office to schedule their respective initial individual sessions within fifteen days of the date of this Order. The purpose of the counseling shall be to assist the parties in addressing issues which have arisen with regard to the paternal Grandmother's periods of contact with the Child. The Grandmother shall pay all costs of counseling. BY THE COURT, cc: Mark Duffle, Esquire - Counsel for Paternal Grandmother, Roger Laguna - Counsel for Father PATRICIA J. BLAiNE, Plaintiff VS. KENNETH B.SHAFFER AND AMIE M.YAKSTIS Defendant PRIOR JUDGE: J. Wesley Oler, Jr. iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5208 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: NAME Kristen Made Shaffer The pertinent information concerning the Child who is the subject of this litigation is as DATE OF BIRTH CURRENTLY IN CUSTODY OF August 18, 1996 Father 2. A Conciliation Conference was held on June 27, 2003 with the following individuals in attendance: The Paternal Grandmother, Patricia J. Blaine, with her counsel, Mark Duffle, Esquire, and the Father, Kenneth B. Shaffer, and his counsel, Roger R. Laguna, Esquire. The Mother, Amie Yakstis who resides in Texas, was served with notice of the conference but was not in attendance. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire 67 Custody Conciliator