HomeMy WebLinkAbout97-00258
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MAY 0 6 199#
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(c) From December 26 to January 1 of each year;
(d) Visits with children on other holidays;
special
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occasions, and birthdays in children's hometown;
(e) During the summer months that Father has children, Mother
shall have an opportunity to visitation as agreed to by the
parties. Also, Mother shall have unlimited phone contact when
the children are with Father;
(f) Father shall have unlimited phone contact with the
children; and
(g) Other times as agreed upon.
(6) This Court shall retain jurisdiction in this matter.
primary physical custody to Mother subject to Father's partial
physical custody.
/~D?
~itness
- ~
M,' ~ (:ltf~
. Jeff van -
(7) The parties desire that this Agreement be evidenced by an
order of court.
WHEREFORE, the parties hereto request Your Honorable Court to
enter an order awarding joint legal custody to the parties and
J) 1/<" JMj
Witness
1
vlil/1.lA l? tY OralJ
Ka en R. Chovan
2
. \J. _KA.\er 'f \, \ '(,'-.)'_:1\\
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERlAND COUNlY, PENNSYLVANIA
: CIVIL ACTION lAW
; NO. (j,i":':S, CIVIL 19<:)\
: CUSTODYNISITATION
V
. (oi ti"" ~,C \,wO(\
Defendant
ORDER OF COURT
AND NOW, this \ \ \ \~Iql, upon consideration of the attached complaint, it is hereby
directed that the parties and their respective counsel appear before
t\. h"\'-\: '1. C-;,\{~^/ .1=::."1') thec?~ciliator,at -\\-'c-l..\1t' f\. ((n\~...-rr\\ C ~ f'\ (vlh'l b'e\
((j (CI.A\\"0..)'--,C> ,on the 6 day of , 'fIr'''- or '-I ,19!S, at IC)" \()
AM., for a. Prehearing Custody Conference. At such conference, in effort will be made to
rE'solve the issues in dispute; or if this cannot be accomplished, to define and narrow the
Issues to be heard the court, and to enter into a temporary order. All children age five or
older may also be present at the conference, Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT:
BY:~'S1~"i.J--\f2'1~JM .
Custody Conciliator fm.) .1 ' -~-a
YOU SHOULD TAKE THIS PAPER TO YOUR lAWYER AT ONCE. IF YOU DO NOT
HAVE A lAWYER OR CANNOT AFFORD ONE, GO "0 OR TELEPHONE THE OFFICE
SET FOR BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE,FOURTHFLOOR
CARLISLE, PA 17013
(717) 240-6200
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. "PIlONE (717) 14).C22
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\~:. ~ CERTIF1EO COPY:
j",' MAY 0 6 1997,
'0' . .
W, JEFFERY CHOVAN,
Plain~iff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 97-258
IN CUSTODY
v,
KAREN R, CHOVAN ,
Defendant
ORDER
AND NOW, this ro day of ;fA lL-y- 1997, upon
considera~ion of the attached Stipulation, it is ordered and
decreed that the par~ies shall have joint legal custody of their
minor children, SHAUN RYAN CHOVAN and DEVON LEIGH CHOVAN, with both
parties having ~he right ~o make major parenting decisions
affecting the children's health, education and welfare.
Mother shall have primary physical custody of the children
subject to Father's partial physical custody at the following
~imes:
(a) Eight consec~ti ve weeks between June and August, the
commencement of which will be determined by the parties;
(b) One week during the spring break of children's school;
(c) From December 26 to January 1 of each year;
(d) Visits with children on other holidays; special
occasions, and birthdays in children's hometown;
(e) Such other and further custody and visitation as the
parties mutually agree upon.
(f) During the summer months that Father has children, Mother
shall have an opportunity to visitation as agreed to by the
parties. Also, Mother shall have unlimited phone con~act when the
children are with Father;
(g) Father shall have unlimited phone contact with the
children when children are with Mother.
This Court shall retain jurisdiction in this matter.
BY THE COURT,
TRUE COPy FROM R~
In TesumonyWhelllllf I here . IOVVRD
":ld lh seal 0/ kI' llIIID set my hand
I hi -lI... t. at CarlIsle. Pa.
.19-9-
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I verify that the statements made in this Petition are
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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.
JR., Esquire
KAREN R. CHOVAN
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Karen R, Chovan,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMfiERLAND COUNTY. PENNSYLVANIA
vs,
NO,97-25R CIVIL TERM
william J, Chovan.
Defendant
PROTECT ION FROM AfillSE
AND CIlSTODY
MOT JON FOR CO NT I NUANCE
The plaintiff moves the Court for an Order continuing
generally the hearing in the above-captioned case on the grounds
that:
1, A Temporary Protection Order was issued by this Court
on January 16. 1997. scheduling a hearing for January 22, 1997.
at 1:30 p,m,
2, The defendant has retained Scott D. Moore to represent
him in the matter,
3. The parties by and through their counsel agree that the
hearing be generally continued to afford them time to execute a
Consent Agreement,
4, The plaintiff requests that the Tempornry Protection
Order remain in effect for one year or until modified or
terminated by the court after notice and hearing,
5, A certified copy of the Order for Continuance will be
delivered to the East pennsboro Police Department by the
attorney for the plaintiff.
WHEREFORE. the plaintiff requests that the Court grant this
Motion IInd continue this mlltter generally, Ilrld thllt the Temporllry
Protect ion Order remllin in effect lint i I further Order of Court.
Respectfully submitted,
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.,.(v., .
Carey, Atton
for Plaintiff
JOlin
LF.GAL SF.RVJCF.S, INC.
8 Irvine Row
Cllrlisle, PA 17013
(717) 243-9400
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W. JITFER \' CI lOVAN,
Plainlit'ilRcsplllldent
IN TilE COllin OF COMMON PI.I't\S
Cl JM/lI:RI.ANI> C( II INT\'. PI':NNSY/. VANIA
v.
NO. 02Sl! CIVIL 1997
KAREN R. CIIOV AN,
I)e ti:ndantIPetiti(lIler
CIVIL ACTION-LAW
('liST! )f>\,IVISITATI<>N
MEMORANDUM OF PETfTIONI'R. KAREN R. CHOVAN
I. IIISTOR Y OF CUSTODY.
The partics are parents of two daughtcrs. SllAlJN R. CIIOVAN, horn Deecmher 12,
19l!9. and Devon l.. Chovan, horn December l!, 1993. Alier the panics separated in carly
January 1997, Pelitioner Karcn R. Chovan retained primary custody of hoth children in Alahama.
Respondcnt was cntitled to parlial custody 'llr an cight week period in the summer. An Ordcr of
Coun was issued to this efli:cl on May 6. 1997.
In July 1997, an incidcnt occurred which required Petitioner's hospitalization. a resull of
which an emergency Order was entered awarding Respondent primary custody on August 12,
1997. The childrcn have heen in their I:llher's primary custody since Ihat time.
Petitioner recovered from her illness and liled a pelition to have primary custody reslored
to her on March 19, 1997. A conciliation conli:rence was held helllre Iluhert X. (iilroy. Esquire,
during whieh it was agreed that the parties would undergo a custody evaluation hy Dr. Arnold T.
Shienvold. The evaluation has not heen completed as of the date of this l\'lcmorandum.
II. ISSlJE.
The issue hcfl're Ihe court is whether the best interests of the children require that
primary custody be rcstored to their mother. who has alllays been their primary caretaker. exccpt
fllr the time between July 1997 to presenl.
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W. JHlTRY CIIOVAN.
Plainlifl/R~spo/1tl~nt
IN TIlE COIIRT OF COMt\ION PLEAS
ClJMIIERI.:\NI> COIINTY, PENNSYLVANIA
.~
v's.
: NO. 025X CIVIL IlJ'l7
KAREN R. CIIOVAN.
I)~ f~ndant/ P~t i t i, lI1~r
CIVIL ACTION - LA \\'
Cl IST<>I)Y /VISITAllt IN
CERTIFICATE OF SI:RVICE
I
ANI> NOW, this ~ day of April. IlJlJX. I. MAX .I. SMITII. JR.. Esquir~, Attorn~y lor
I>~f~ndant/Pclition~r. h~r~hy ~~rtil)' thaI 1 ha\'~ this day s~nl a copy of M~momndum of
P~lition~r, Kar~n R. Chovan hy d~positing a c~rlili~d copy (lfth~ sam~ in th~ l1nit~d Stat~s mail.
postag~ pr~paid, atllcrsh~y. P~nnsylnmia. addr~ss~d to:
Saidis, Shuff & Masland
Attn: ScottI>. Moor~, Esquir~
26 \\'~sllligh Slr~~l
P.O. Box 560
Carlisl~, I' A 17013-2956
f/f1iy9J~ .
MAX J. SMIIII, JR.. bqUlr~
I.D. No. 32114
Jmn~:;, Smith. I>urkin & ('onn~lly 1.11'
1'.0. Box 650
lI~rsh~y, I' A 17033
(717) 533-32XO
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Karen R. Chovan,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No, 97-258 Civi 1 Term
VB. Protection From Abuse
William J. Chovan.
Defendant
PRAECIPE TO WITHDRAW ACTION
The olaintiff in the above-caotioned case recuests that the
Motion for Continuance filed on January 23, 1997, and the
Petition for Protection From Abuse filed on January 16, 1997, be
withdrawn. and the Order fo~_Continuance and the TemDOrary
protection Ord~L-Q~-y~~a~~d.
To Lawrence E, Welker
Prothonotary
19 97
@rVU,A_-C
Attorne for Plaintiff
4
CERTIFICATE OF SERVICE
On this
6111
day of
~
, 1998, I, Scott 0,
Moore, Esquire, hereby certify that I served a true and correct
copy of the foregoing Pre-custody Hearing Memorandum upon counsel
for all parties of record via United States Mail, postage
prepaid, addressed as follows:
Max J, Smith, Jr" Esquire
JAMES, SMITH & DURKIN
134 Sipe Avenue
Hummelstown, PA 17036
SAlOIS, SHUFF & MASLANO
By: ~t~ t /ll~ ( if)
Scott 0, Moore, Esquire
SAlOIS.
SHUFF &
MAS LAND
...~AT'U.W
26 W. IlIsh Slrm
C.nlillo, PA
Kllr"n H. rhovlln,
Plaintiff
I N TilE GOlJllT OF GOMMON PLEAS OF
vs,
GUMBEllLAND COUNTY. PENNSYLVANIA
NO. !17 -J 5'),' CJ V r L TEHM
William J, Chovan,
IJpfendllnt
PHOTEGTION FllOM ABUSE
AND CIISTOIlY
TE!!.1~m!AID'_!'nOTE<';TJ ON -.!!!m!ill
AND NOW, this ~__'-b____. dllY of ./unulll'Y, 1997, upon
prespntBtion and ronsiderBtion of the within Petition. and upon
finding thut thp plaintiff, Karen H, Chovun. now residing at 701
Carriage Lane, MechanicsburR, Cumberlllnd County, Pennsylvania, is
in immedilltp Ilnd pres('nt dnn~er of abuse from the defendant,
William J. Chovnn, th(' following Temporary Order Is ('ntered.
The dpfendnnt, Will iam J. Chovlln, (SSN: 418-88-5614 nnd
date of birth: 3/4/57), whose pr"sent residence is unknown to the
plnlntiff, is hel'eby enjoined fl'om ph)'slcnlly nbuslng the
plaintiff, Karen H, Gbovnn, or placing her in fenr of abuse.
The defendnnt is pxcluded from the pinlntlff's residence
locnted nt 701 Cnrringe Lane, Mechanlcsburg, Cumberlnnd County,
Pennsylvnnin, n residence which Is jointly owned by the pnrties,
but from which t.he defendunt left on 01' ubout. Junuary 2, 1997,
Ilnd any other' residencp the plninti 1'1' ma)' estnbl ish, except for
the] imit.ed purpose of t.runsferTlng cust.ody of t.he parties'
chi Idren, The defendnnt. shllll ,'emllin in his vehicle at nl] t.imes
dUI'lng the tl'llnsfer' of clIstody,
The nefpndllnt is or'del'ed to ('efr'ain fl'om hnving any direct
or' indil'ert cont.llct with t.he pJllint.iff Including, but not limlt.ed
to, tel"phone Ilnd wl'iltPlI rlJllInllllliclll ions, exeept 1'01' the I imit"d
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purpose of facil itating custody arrangements.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives, or the
minor chi ldl'en.
The defendant is enjoined from entering the schools of the
minor children.
The defendant is enjoined from removing, damaging,
destroying or selling any properLy owned joinLly by Lhe parties
or owned solely by the plaintiff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa.C.S. g6113; ii) a private criminal complaint
under 23 Pa.C.S. g61l3.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S. g6114, punishable by imprisonment up to
six months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa.C.S. g6114.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by the COllrt and can be extended beyond its original
expiration date if the Court finds that the defendant has
committed another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff.
Temporary custody of Shaun Ryan and Devon Leigh Chovan is
hereby awarded to the plaintiff, Karen R. Chovan.
"). ,('C\.
'x. day of
A hearing shall be held on this matter on the
January, 1997, at
i)L'
,).m., in Courtroom No.~, Cumberland
County Courthouse, Cn.'lislc, l'<,nnsylvania.
The plaintiff may procced without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's request and without pre-payment
of fees, but service may be accomplished under any applicable
rule of Civil Procedure,
This Order shall be docketed in the officc of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the defendant
by ma i I .
The East Pennsboro Police Department will be provided with a
certified copy of this Order by the plaintiff's attorney. This
Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt without
warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence of the
police officer.
In the event that all arresL is made under this
section, Lhe defendant, shall be Lakell without unnecessary delay
befo.'c Lhe court thnL issued Lhe orde.'. When that court is
unavailable, thc def<,ndant shall be taken bcfore the appropriate
district. just.ice. 123 Pn.C.S, ~ 6113).
/ /
By
the.,Court,'
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Kal'en R. Chovan,
Plaintiff
IN l~E COURT OF COMMON PLEAS OF
.
CUMIlERLANIl COUNTY, PENNSYI.vAN I A
VB.
NO.97- ~)8' CIVIL TERM
William J. Chovan,
Defendant
PIlOTECT ION FRml AI1I1SE
ANIl CUSTOIlY
NOTICE
You have been sued In cOllrt. If YOII wish to defend a!(uillst the
claims set forLh in the following pages, you musL Lake action proml'Lly
after this Petition, Order nllll Notic,' lire Hl'rVl'<I, by aPPl'llI'ln!(
personally or by attorney nt the heal'inl! Hcheduled by t.t". COUI't and
presenting to the COUI'\' your defenses aI' objections to the clnimH HI!!,
fOl'th against ~'ou. YOII IlI'e warned that if YOII fai I to do HO thl' CO,"'t
may proceed wlthollt YOII, and a ,jlldgmpnt may be ent!'rp,1 lI!(ainst YOII by
the Court without further notice for any money clllimed in the Petit.ion
or for any other claim or reli,.f l'l'qul'sled by II... l'lll!ntiff. YOII IIIIlY
lose money or property or othe,. J'ights impol'tant to you.
~'EES ANIl COSTQ
I f the case goes to hearing and the jlldge grants a PI'otl'ctlon
Order, n slIrcharge of $25.00 will be IIsseHsed agn!nHt you. YOII may
also be l'e<)lIired to pay attorney feeH 1.0 Legal SIH'viceH, Inc. fOl'
their representntion of the plninLiff.
You Hhould take thia paper to your lawyer aL once. If you do not
have a lawyer or cannot afford oae, go to or telephone the office aot
forth below Lo find out where you can get legal help.
COURT AD~lJNISTRATOIl, 4th FLOOR
CU~l1lEI1LANIl COUNTY COI1IlTJlOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPJlONE NlJMIlEIl: (717) 240-6200
^H~:RICANS WI'I'JI IlIS^nJl,ITn:~-1\.m' 011 1990
The Cou I' I. 0 f Common r I ens 0 f Cumlll' r I and COllnty i R l'l'<)IIII'ed by law
to comply with the Ampricnns with Ilisllbilit ips Act of 1990. 1'01'
information about nccessible facilil.il'H and rl'nsollable accommodationa
IIvailnb1e to disnbled individualH hllving hUHinPHR befol'" the eOllrt,
ple/lse eontnct ou,' office. All IlI'J'anllementH mllat he mllde at leaat 72
hOllrs "l'lOI' to nn~' hearing OJ' IlllHineHH beforl' thl' COIII't, YOII mllst
atLend the scheduled conferl'"ee or I"'/lring.
a.
On or ubout. January 2, 1997, in fl'ont of the
parties' seven year old daughter, Shaun Ryun Chovan,
the defendant choked the pluintiff causing redness,
knocked her fllasses off of her' face crllcking a lens,
and threatened Lhe plnintiff saying Lhat if she culled
lhe police, he would kill h"l'. The defendant. l'ipped
telephones out of the walls causing the plaintiff who
ran into a room, and locked the dooor to fear for her
safety. The defendant repeat.edly kicked the door
breaking t.he door frame, entered the room, ripped a
telephone out of the wall, and threw computer equipment
onto Lhe floor breaking it. The defendant repealedly
shoved the plaintiff in the chest knocking her down nnd
causing soreness, grabbed both of her arms causing
bruises, and yelled that he would fix it so she never
saw the children again. During this time, the
defendant repeatedly ran to the minor children, got.
close lo their faces, and yelled at them causing them
to fear for their safety. Fearing for her safety nnd
the children's, Lhe plaintiff ran to n neighbors' home,
asked them t.o call 911. and t.hen l'an bac\, t.o t.hr hOURC
and int.o the bedl'oom wi th her chi ldr'en \lnll I t.he police
arrived.
b. On or about. December' 23, 19!16, t.he dld'rndnnl
repeat.C'dly Hhoved t.he pl.llntlff, gr'ubbl'll hl'r' hy l.h..
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arms, yelled at her, and threatened that she just
didn't realize what he could do.
c, On or about December 16, 1996, the defendant
shoved the plnintiff onto the bed, grabbed her arms,
and told her thnt he would make it so she would never
see the girls, The defendant also went into the
children's room, got close to their faces, and yelled
at lhem causing the plaintiff to fear for her safety
and the safety of the children.
d. On several different occasions since 1978, the
defendant hns pushed the plaintiff, choked her, and
grabbed her by the arms.
5. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should they remain in the home without the defendant's exclusion
and thaL she is in need of protection from such abuse.
6. The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications, excepL for Lhe limited purpose of facilitating
custody arrangements.
7. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plainLiff's relatives, or the minor children.
8. The plaintiff deMires that the defendant be restrained
3
f.'om entering the Hchools of till' minor ..hi ldl'en.
9, The plaintiff deHil'e" thllt tho def"ndllnt II" "njolned
from removing, damElging, deHtr'oyin!l OJ' ""I ling /lUY p.'ope.'ty owned
jointly by Lhe parLieH 01' owned solely by the plainLiff.
II. EXCI.lIS I VF. I'pS!i!iliS IJ>J!
10. The home f.'om which the plllintiff is Ilsking the COIII't
to excludl:' the defendllnt iH ownod in the nllmes of the plaintiff
and the defendllnt, bill. the defondllnt loft on OJ' about .January 2,
1997,
11. The defendnnt moved out of the maritnl rcsidence on or
about January 2, 1997, and hils not returned.
12. The plaintiff currenLly has no place Lo stay with her
children except the mariLnl home, and the defendant has family
and friends in the a.'en with whom he can stay.
13. The plaintiff dl:'sires possession of the home so as to
give the greatest degree of conLinuity to the lives of the
children and to allow Shaun Ryan Chovan to continue her education
at her schools and 10 continue her school and social activities.
C. LOSSES AND RF.JHBURSEHENT FOR COST OF CASE
14, The plaintiff has suffered losses as a result of the
abuse by the defendant. Thc 10sHes nre listed on Exhibit A
attached,
15. The plaintiff asks thnt Lhe defendant be ordered to pay
$250.00 to reimburse one of Le~al Services, Inc.'s funding
sources for thl' cost of 1 itigating this case.
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al. 701 CIlI'riage L'lI1!!, ~l""hlllli"shul'g, Cumherlund County,
PellllHylvnnia.
Shp iR mlll'l'ipd.
The plaintiff cllIT,mLly "PRideR wil.h t.he following persons:
NJl!!I.!l
HelalionHhh,
Shnun IlYlln Chovan
Devon Leigh Chovan
dallghtpr
dllughl.pr
The defendanL, the father of Lhc children, whose current
residence iR unknown to the plaintiff.
He is ma.'ried.
17. The plainti ff has not previously participated in any
litigation concerning custody of the above mentioned children in
this or any other Court,
18. The plninti ff hils no knowledge of any custody
proceedings concprning these children pending before a court in
this or nny other jurisdiction.
19. The plninLiff does not know of any person not a party
to Lhis nction who haH physicnl custody of the children or claims
1.0 have custody 01' visitation l'ighl.s with respect to the
children.
20. The hesL inLerests and permanent welfare of the minor
childrl'n will be mpt if cURLody is temporarily granted to the
plninti ff pending Il helll'ing in this matter for reasons including:
n. The plaintiff is a responsible pnrent who can best
t.ake cal'e of t.hl' minor chi l,lt'en and has provided for
fi
the emotionnl and physical needs of the children since
theil' births.
h. The dpfendnnt hUH shown by Ids abuse of the
plnintiff that he is Ilot nn appropriate role model for
the minor' chi ldl'en.
c. The defendnnt's behavior hns ndversely affected
the chil d.'en.
WHEREFORE, pursuant to the provisions of lhe "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 et gg., as
nmended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Act:"
I. O,'del'ing the defendant to refrain from
abusing Lhe plaintiff or placing her in fear of
abuse,
2. Ordering the defendant to refrain from having
nny direcL or indirect contact with the plaintiff
including, but not limited to, telephone and
written communicationH, except to facilitate
custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking lhe plaintiff and from
harassing Lhe plaintiff's relatives and the minor
chi Idren.
7
~. ProhlbiLing lhe defendant from entering the
schoolfl of till' minor chi 1,II'l'n.
5. rr'ohlbilin~ the defendnnt from I'emoving,
dnmaglng, desl.r'oying or flpll ing prope.'ty Jointly
owned by till' parties 01' ownl'd solei)' by th"
plllinliff.
6. Granting possesHion of the home Locllted Ilt
701 Cllr'rillge Lane, Mechanicsburg, Cumberlllnd
County, Pennsylvallia, to the plnintiff to the
exclusion of the defendant pending a final order
in Lhis matter, except for the Limited purposc of
trnnsferring cusLody of the pllrties' chiLdren.
The defendant, shnll remllin in his vehicle al all
times during the transfer' of custody.
7. Ordering the dcfendllnL to stllY away from any
other residcnce the plaintiff may establish,
exccpL for the limited purpose of transferring
custody of the parLies' children. The defendant
shall remain in his vehicle at nil Limes during
thc transfer of custody.
8. GranLing temporary custody of the minor
children to Lhe plaintiff.
n. Sch"dule n hellring ill Ilccordunce with Lhe provisions of
l.he "Protection from Abuse Act," lind, afte.' sllch hearing, enter
an order La be in effect for a period of onc year:ÿ
R
I. Ordering Lhe defendnllt to rcfrain from
abusing the plaintiff or placing her in fear of
abuse.
2. O.'de.'ing the defendnnt to refl'nin from having
any direct or indirect contact, wiLh the plnintiff
including, but not I imited La, telephone and
written communications, except. to facilitate
cust.ody arrangements.
3. Ordering the defendant to refrain from
harassing and st.alking the plaintiff and from
harassing the plnint.iff's relatives and the minor
ch i I ,h'en.
4, Prohibiting the defendant from entering the
schools of the minor children.
5. ProhibiLing the defendnnt from removing,
damaging, desLroying or selling property jointly
owned by the pnrties or owned solely by the
plaintiff.
6. GranLing possession of Lhe home located at
701 Cnrriage Lane, Mechanicsburg, Cumberlnnd
County, Pennsylvnnin, to Lhe plnintiff to the
exclusion of Lhe defeudanL, except for the limited
purpose' of t.rnnsfel,,'ing custody of the partieH'
chi I d.'<'ll , The defendant shill I .'<'main in his
vphielp nt nIl timp" during the tl'ansfe.' of
n
custody.
7. O.'del'illg the dofendnnt to stny Ilway f.'om nny
other l'"sidenc" thL' plninti ff mllY estnbJ iHh,
except fOl' th... I imi tcd pu"pose of trllnaferring
cUHtody of thL' pllrt ieH' chi ld.'en. Thl' d...fondnnt
Hhllll l'olllnin in his vehiel... lit 1111 times during
the trllnHfer of custody.
8. G"lInting temporary custody of the minor
children to the plaintiff.
9. Ol'del'ing the defendallt to reimburse the
plninti ff's out-of-pocllCt IOHses suffered as a
.'esul t of the nhuHe including but not limited to
the losses listed on the attached sheet marked
Exhibit A,
10. Ordering Lhe dcfendant to pny $250.00 to
.'eimburse one of Legal Services, Inc. 's funding
sources for the cost of litigating this case.
The plaintiff further asks Lhat this Petition be filed and
served without pllyment of fees and costs by the plaintiff,
pending a further oMler at the hearing, and that a certified copy
of this PeLition and Order be delivered Lo the East Pennsboro
Police DeparLment which has jl.risdiction to enforce this Order.
10
ThO' pill i nU ff pr'llYs for KliCh other' re 1 It- f ilK lIIay be ,just Ilnd
pr'ope.',
f{t''''pectfuJ ly submIt ted,
(/i~;~c~';:~y~r1-tt~1~~f~r Pllllntiff
I.~;OAI, S~;IlVIC~;S, JNC.
8 I.,v i Ill' Row
Cnl'lisle, PA 17013
(717) 243-9400
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Knren I!. Chovan,
Plnintiff
I N TilE COUnT OF COM~ION PLEAS OF
CUMREIlLANIl rOUNTY, PENNSYLVANIA
VAi.
NO.97-
CIVIL TERM
William J. Chovan,
Defendnnt
pnOTECT ION FROM ARUSE
AND CUSTODY
OUT-OF-POf,KET LQIlSF.S
The plaintiff l'equests thnt the defendant reimbu.'se her out-
of-pocket losses, including buL not I imited to the following:
The plnintiff's eye glasses, a door frame, the value of a
dot mntrix printe.', and one te)"phone vnllled at npproximately
$20.00. (The plaintiff does noL hnvc the estimates of the above
losses as of the filing of this petition).
Exhibit A
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W. JEFFERY CHOVAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
KAREN R. CHOVAN,
Defendant
NO. 97-256
IN CUSTODY
ORDER OF COURT
AND NOW, this ____ day of , 1997, pursuant
to the Petition for Special Relief, it is hereby ordered and
directed that Father shall have primary physical custody of the
minor children, Shaun Ryan Chovan and Devon Leigh Chovan until
further Order of Court.
BY THE COURT,
J.
W. JEFFERY CHOVAN,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
KAREN R. CHOVAN,
NO. 97-258
IN CUSTODY
Defendant
PETITION FOR SPECIAL RELIEF
AND NOW comes Petitioner, W. Jeffery Chovan, by and through
his attorneys, SaidJ.s, Guido, Shuff & Masland and files this
petition for special relief and represents as follows:
1. On May 6, 1997 the Honorable Edgar B. Bayley signed a
custody Order based on a stipulation of the parties involving the
custody of the minor children, Shaun Ryan Chovan and Devon Leigh
Chovan. A copy of the Order is attached hereto as Exhibit "A".
2. Father currently has custody of the minor children
pursuant to paragraph (a) of the Order.
3. Father was scheduled to return the children to Mother
prior to August 20, 1997 when school starts in Mother's school
district.
4. Mother is currently residing in Huntsville, Alabama.
5. Father is currently residing in Carlisle, pennsylvania.
6. On or about July 30, 1997, Petitioner was advised by
medical personnel in Huntsville, Alabama that Mother had
attempted suicide and was in critical condition at the Huntsville
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 w. lIigh SUCCi
ClUlide,l'A
Hospital at 101 Sivley Road Southwest, Huntsville, Alabama 35801.
7.
As of August 4, 1997, Mother remained on a ventilator
in the intensive care unit.
8. Petitioner believes that Mother is currently under the
care of Dr. William B. Hahn, 2332 Whitesburg Drive South,
Huntsville, Alabama 35801.
9. Due to Mother's current medical condition, she is
unable to care for the children upon their return.
10. Father requests that the May 6, 1997 Order be modified
because it is in the best interest of the children to remain with
Father so that he can care for them and enroll them in school in
Pennsylvania until such time as Mother's medical condition can be
further evaluated.
11. Petitioner respectfully requests the Court to modify
the May 6, 1997 Order and grant primary physical custody to
Father.
WHEREFORE, petitioner respectfully requests the Court 'Co
grant this petition for special relief and order that Father
shall have primary physical custody of Shaun Ryan Chovan and
Devon Leigh Chovan until further Order of Court.
Date:
e . ~ -q 7
Respectively submitted,
'O? ~.. ~
cott D. Moore, Esquire
Supreme Ct. 1.0. i 55694
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
SAIDIS, GUIDO,
SHUFF &
MAS LAND
26 W, High SIre"
CDJlisle, PA
-----.' .
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
W, JEFFERY CHOVAN,
v,
KAREN R, CHOVAN,
Defendant
NO. 97-258
IN CUSTODY
ORDER
AND NOW, this 0 day of ;fA lUA~ 1997, upon
consideration of the attached Stipul~ion, it is ordered and
decreed that the parties shall have joint legal custody of their
minor children, SHAUN RYAN CHOVAN and DEVON LEIGH CHOVAN, with both
parties having the right to make major parenting decisions
affecting the children's health, education and welfare.
Mother shall have primary physical custody of the children
subject to Father's partial physical custody at the following
times:
(a) Eight consecutive weeks between June and August, the
commencement of which will be determined by the parties;
(b) One week during the spring break of children's school;
(c) From December 26 to January 1 of each year;
(d) Visits with children on other holidays; special
occasions, and birthdays in children's hometown;
(e) Such other and further custody and visitation as the
parties mutually agree upon,
(f) During the summer months that Father has children, Mother
shall have an opportunity to visitation as agreed to by the
parties, Also, Mother shall have unlimited phone contact when the
children are with Father;
(g) Father shall have unlimited phone contact with the
children when children are with Mother,
This Court shall retain jurisdiction in this matter,
BY THE COURT,
I~ {'JJ" 6. ~(j
J.
"~rg
, .
w. JEFFERY CHOVAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
KAREN R. CHOVAN,
NO, 97-258
IN CUSTODY
Defendant
STIPULATION
AND NOW, this ,-K. day of "'--..,
, 1997, comes W.
Jeffery Chovan and Karen R. Chovan, to stipulate as follows:
(1) petitioner is Karen R, Chovan, residing at 701 Carriage
Lane, Mechanicsburg, East Pennsboro Township, cumberland County,
Pennsylvania 17055,
(2) Respondent is W. Jeffery Chovan, residing at 412 First
Street, College Park Apartments, Carlisle, Cumberland County,
Pennsylvania 17013,
(3) The parties are the natural parents of SHAUN RYAN CHOVAN
(D.O.B. 12-12-89) and DEVON LEIGH CHOVAN (D.O,B, 12-8-93),
(4) The parties agree that legal custody of their minor
children, SHAUN and DEVON, shall be joint, with both parties having
the right to make major parenting decisions affecting the
children's health, education and welfare.
(5) Mother shall have primary physical custody of the
children subject to Father's partial physical custody at' the
following times:
(a) Eight consecutive weeks between June and August, the
commencement of which will be determined by the parties;
(b) One week during the spring break of children's school;
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(c) From December 26 to January 1 of each year;
(d) Visits with children on other holidays; special
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occasions, and birthdays in children's hometown;
(e) During the summer months that Father has children, Mother
shall have an opportunity to visitation as agreed to by the
parties. Also, Mother shall have unlimited phone contact when
the children are with Father;
(,
(f) Father shall have unlimited phone contact with the
children; and
(g) Other times as agreed upon.
(6) This Court shall retain jurisdiction in this matter.
(7) The parties desire that this Agreement be evidenced by an
order of court.
WHEREFORE, the parties hereto request Your Honorable Court to
enter an order awarding joint legal custody to the parties and
primary physical custody to Mother subject to Father's partial
physical custody,
~~e<<V~
"'- .
W~tness
fi/- W(;i~
W. JeVl van
wi~l!~
-fir 11- .f (J/liJrfp---
ren R, Chovan
2
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I/IN I 5 199811"
W. JEFFERY CHOVAN,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
.
.
KAREN R. COHVAN,
Defendant
:NO: 0258 CIVIL 1997
: IN CUSTODY
COURT ORDER
AND NOW, this "J.O day of January, 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.2 of the Cumberland
County Courthouse on Thursday the 16th day of April, 1998, at
8:45 a.m. at which time testimony will be taken in the above
case. At this hearing, the Mother, Karen R. Chovan, shall be
the moving party and shall proceed initially 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, a list of
witnesses who will be called to testify on behalf of that
party and a sununary of the anticipated testimony of each
witness. This memorandum shall be filed at least ten days
prior to the mentioned hearing date.
2. Pending further Order of this Court, this Court's Order of
August 12, 1997, shall remain in effect.
3. Both parties shall cooperate in connection with completing the
custody evaluation with Dr. Arnold Shinevo1d and, upon
completion of the evaluation, Dr. Shinevo1d may share the
results of the evaluation with counsel for the partes.
4. Pending the Court hearing, Mother shall enjoy liberal periods
of temporary custody with the minor children at such times as
she is in the Cumberland County area and at such other tiwes
that she and the Father may agree. Mother shall also enjoy
reasonable telephone access with the minor children when they
are not in her custody.
cc: Scott D. Moore, Esquire
Max J. Smith, Jr.
J.
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W. JEFFERY CHOVAN,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
V
.
.
:CIVIL ACTION - LAW
KAREN R. COHVAN,
Defendant
.
.
:NO: 0258 CIVIL 1997
:IN CUSTODY
Prior Judge: Edgar B. Bayley
CONCILIATION CONFERENCE SUMMARy REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(bj, the undersigned Custody Conciliator submits the
following report:
1. The pertinent information pertaining to the children who are
the subject of this litigat.ion is as follows:
Shaun Ryan Chovan, born December 12, 1989; and Devon Leigh
Chovan, born December 8, 1993.
2. A Conciliation Conference was held on January 9, 1998, with
the following individuals in attendance:
The Father W. Jeffery Chovan, with his counsel Scott D. Moore,
Esquir.e; and the Mother Karen R. Chovan, with her counsel, Max
J. Smith, Jr., Esquire.
3. The parties separated in about January of 1997. At that time,
there was an agreement that Mother would have primary physical
custody. Mother was relocating to Alabama and, based upon
that relocation, the parties had agreed for the Father to have
an eight-week period of custody between June and August. An
incident took place in July of this past SUmmer that required
J.lother's hospitalization. Father's understanding of this
incident is that J.lother attempted suicide. Mother's position
at this time is that she was assaulted and that the assault
required her hospitalization. As a result of this
hospitalization, the Court entered an emergency Order granting
Father primary physical custody pending Mother's recovery.
J.lother recovered in September and now has before the Court a
petition to modify the existing Custody Order.
4. The parties are undergoing a custody evaluation with Dr.
Arnold Shinevold. Mother is of the position that she should
be the primary custodian for the children and that there are
no Psychological impediments with her having custody. Father
is of the position that the children are doing very well with
him and have demonstrated a certain level of stability in
school and otherwise. Furthermore, Father is of the opinion
that Mother did attempt suicide and that her failure to even
admit that attempt is further indication of her unstable
Psychological status.
5.
A hearing is required and should take approximately one day.
The Conciliator recommends an Order in the form as attached.
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DATE
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W. JEFFERY CHOVAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
-,
v.
KAREN R. CHOVAN,
Defendant
NO, 97-258
IN CUSTODY
ORDER
AND NOW, this ~ day of
~l\
, 1998, upon the
joint request of the parties, the hearing scheduled for April 16,
1998 is continued generally. Either party may request the Court to
list the matter for hearing without returning to the custody
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,
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conciliator.
BY THE
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COURT, I
J.
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(4) Transportation of the children for the mother's periods of temporary
physical custody In Alabama shall be as follows:
(a) For both the beginning and the end of the summer period, the
parties shall meet halfway for each exchange,
(b) For the spring break and the Christmas break, the parties shall meet
halfway for each exchange for each break unless on either occasion the
father goes to Kentucky to visit his family, If that occurs and the father
remains in Kentucky for the entire period of the break, the mother shall
pick up and deliver the children in Kentucky. If, however, the father is to
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return to Pennsylvania before the break ends, then he shall initially
deliver the children to the mother In Alabama and she shall return the
children to the father in Pennsylvania,
(5) Each parent shall have unlimited telephone contact with the children,
(6) This court shall retain jurisdiction.
By the Co~, J
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Scott D. Moore, Esquire
For Plaintiff
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Max J, Smith, Jr., Esquire
For Defendant
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W, JEFFERY CIIOV AN,
Plaintifli'Respondent
: IN TilE COURT OF COMMON Pl.EAS
: CUMBERl.AND COlINTY, PENNSYLVANIA
VS.
: NO, 0258 CIVIl. 1997
KAREN R. CIIOV AN.
Defendant/Petitioner
: CIVIl. ACTION. l.A W
: CUSTODY
ORDER
AND NOW, this '1v day or u;;p ,1998, upon presentation and
consideration of the attached Stipulation for Custody, it is hereby Ordered and Decreed that said
Stipulation as submitted and executed by the parties shall be incorporated herein and made part
hereof.
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\. The parties shall share legal custody of the children as defined by 23 I'a, C.S.A,
~5301 ~ lli!,
2. Father, W. Jeffery Chovan, shall be entitled to primary physical custody ofShaun
Ryan Chovan and Devon Leigh Chovan,
3, Mother, Karen R, Chovan. shall be entitled to partial physieal custody of said
children pursuant to the following schedule:
(a) Alternating weckends from Friday at 6:00 p,m, until Sunday at 8:00 p,m., or
at such times as arranged between the parties:
(b) Ahernating holidays of Easter, Memorial Day, Fourth of July, Labor Day and
Thanksgiving, with Father having Thanksgiving in 1998:
(c) Christmas shall be altcrnated such that Father shall have the children from
Christmas Eve until December 27 and Mothcr shall have thc children from December 27 through
January 1 in even-numbered years. The reverse schedule shall be followed in odd-numbered
years,
(d) Father shall be entitled to custody on Father's Day and Mother shall be
entitled to custody on Mother's Day, the times being from 10:00 a.m. until8:00 p.m" or as
agreed by the parties;
(e) Mother shall have cllstody of the children for four consecutive weeks in the
summer. and shall provide sixty (60) days notice to Father of the exact weeks.
4. Mother shall be entitled to additional partial custody as agreed between the
parties.
5. The holiday schedule and the schedule for Mother's Day and Father's Day shan
prevail over other times provided for partial cllstody and cuslOdy,
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6.
Mother shall pruviue all transportation to anu from her periods of partial custouy
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until further Oruer of Court.
7. The parties agree that neither will utilize his or her rights with respect to the minor
chiluren to harass anu interfere with the other party. The parties further agree that they will not
harass or malign each other in the presence of the minor chiluren, as both parties recognize that
sueh conduct is uetrimentalto the best interests anu wellllre of the children,
8. Each party acknowleuges that the Stipulation is fair and equitable, that it is being
entered into voluntarily, anu that it is not the result of any duress or undue influence, This
Stipulation and its legal effect have been fully eXplained to Father by his legal counsel, scan
D. MOORE, Esquire, and to Mother by her legal counsel, MAX J. SMITH, JR" Esquire,
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9. The parties will seek the assistance of this Honorable Court in resolving any
difference which may arise, and which differences cannot be amicably resolved, concerning
custody matters herein,
10. Father and Mother agree that a Court Order encompassing the provisions herein
set forth shall be entered by the Court of Common Pleas of Cumberland County, Pennsylvania.
IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, affix
their hands god seals below, the day anu year first above written.
L'b~ . h.
c..---WITNESS
p.~L
W, JEFI;fR CH AN
WITNESS
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id ((It: J( j ( IUt (:' 1"-_-
K REN R. CHOVAN
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exhibit A
W. JEFFERY CHOVAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
KAREN R CHOVAN,
DEFENDANT
97-0258 CIVIL TERM
ORDER OF COURT
AND NOW, this 2nd day of June, 1998, IT IS ORDERED:
(1) W. Jeffery Chovan and Karen R, Chovan shall have joint legal custody of
their children, SHAUN RYAN CHOVAN and DEVON LEIGH CHOVAN, with both parties
having the right to make major parenting decisions affecting the children's health,
education and welfare,
(2) W. Jeffery Chovan shall have primary physical custody of the children.
(3) Karen R, Chovan shall have temporary physical custody of the children as
follows:
(a) During the children's summer vacation with the exception of one
week after the completion of the school year and one week prior to
commencement of the school year when they shall be with the father,
To the extent that father goes to Alabama during any summer, he shall
have visitation as the parties mutually agree,
(b) During the children's spring break from school.
(c) From December 26 until the day before school commences after the
Christmas break,