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HomeMy WebLinkAbout97-00651 .1 0 Izi y 4 4 v -Jr IV) V 1? 00000, / 6-e). MAY 1 4 1991 WENDY TONYA SHEAFFER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V :CIVIL ACTION - LAW SEAN S. COLBIN, :NO: 97-651 CIVIL TERM Defendant :IN CUSTODY COURT ORDER AND NOW, this ?j? day of7 , 1997, upon consideration of the attached Custody Conc'liation Report, it is ordered and directed as follows: 1. The Mother, Wendy Tonya Sheaffer, shall enjoy legal and physical custody of Ciera Rayne Sheaffer, born January 13, 1997. 2. The Father, Sean S. Colbin, shall enjoy periods of temporary physical custody with the minor child at such times and under such circumstances as agreed upon by the parties. 3. In the event the Father is dissatisfied with this order, the Father may petition the Court to have the case again scheduled for a conference with the Custody Conciliator. cc: Thomas J. Williams, Esquire Sean S. Colbin 159 East North Street Carlisle, PA 17013 BY THE COURT, J. ?11 WENDY TONYA SHEAFFER, Plaintiff V SEAN S. COLBIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO: 97-651 CIVIL TERM :IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(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: Ciera Rayne Sheaffer, born January 13,1997. 2. A Conciliation Conference was held on May 9, 1997, with the following individuals in attendance: The Mother, Wendy Tonya Sheaffer, with her counsel, Thomas J. Williams, Esquire. The Father did not appear. The Father was served with notice of the Conciliation Conference by personal service on March 4, 1997. Also, the Mother spoke with the Father and the Father had acknowledged to her that he was aware of the Conciliation Conference. 3. The minor child is currently in the custody of the Mother. The Father sees the child sporadically under a supervised type of arrangement at the Mother's home. 4. The Conciliator recommends an order in the form as attached. S la ?? DATE F V tLEYI)ATAFlLI."a IkNIIIM V Tee'44'uAl kdW ( I.L4 02M17 61N N VM 0.„ed 021MIN4107A1d WENDY TONYA SHEAFFER, Plaintiff V. SEAN S. COLBIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- 6 SI 6a-4-k Tz"v% IN CUSTODY AND NOW, this IZ day of Fel , 1951, upon consideration of the attached Complaint, ittis hereby directed that the parties and their respective cotutnsel appear before X e4j. the conciliator, at %Ir -w,',J 1,,.,v k( 1,,e 9' (,.;e1e.i on the 10 /' F- 19Z, at gg !)o' N m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be 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. FOR THE COURT, By! 4 Ps? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 RLED-OF;CC OF 7Y; 1 'rT? •?? ^'?17Y 97 FEB 13 Pti 3: ; ! PEN; •f6YLVniJlq ti 0-13 A7 d i4 ` Ara tAg? y.c?ca 07 •/3 ?i ° e ftt ?s??C 13 9> WENDY TONYA SHEAFFER, Plaintiff V. SEAN S. COLBIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- 6S/ C -rZ4,, IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY Plaintiff is Wendy Tonya Sheaffer an adult individual currently residing at 815 Factory Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is an adult individual. His current address is unknown, but it is believed that he receives mail at his mother's house, 159 East North Street, Carlisle, Cumberland County, Pennsylvania. He is employed at the Bonanza Steak House, 909 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffs seek custody of the child, Ciara Rayne Sheaffer, who was born on January 13, 1997. The child was born out of wedlock Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: The child has lived at 815 Factory Street, Carlisle, Cumberland County, Pennsylvania her entire life, all three weeks of it. The child lives with Plaintiff, her grandparents, Roland and Joyce Sheaffer, her uncle, Travis Sheaffer, her great-grandmother, Elizabeth Elva Hughes. Defendant resided in the same household until January 30, 1997. The natural mother of the child is Plaintiff who resides as aforesaid. She is single and living as stated above. The natural father of the child is Defendant who resides as aforesaid. He is single and living as stated above. 4 The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with the following: Mama Roland Sheaffer Father Joyce Sheaffer Mother Elizabeth Elva Hughes Grandmother Travis Sheaffer Brother Ciara Rayne Sheaffer Daughter 5. The relationship of the Defendant to the child is that of father. The Defendant currently resides with the following: halm Relationship Unknown 6. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court. 7. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: Plaintiff has been the child's primary caretaker, nurturing parent and is best able to provide for her female child. 8. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant her the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON, DEARDORFFF, WILLIAMS & OTTO ' Thom-as J. Williams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 10, 1997 The foregoing Complaint to Confirm Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Wendy T. eaffer APR n 7 1999 WIiNDY'I'AYNA Sl11:AFFE.R, IN' I IE COURTOP COMMON PLEAS OF Plaintin CUM13ERLAND COIJN'I'Y, PENNSYLVANIA v : CIVIL ACTION - LAW SEAN S. C'OLVIN, : NO. 97-651 CIVIL Defendant : IN CUSTODY } COURT ORDER AND NOW, this day of April, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Wendy Tayna SheafTer, shall enjoy legal and physical custody of Clem Rayne Sheafler, born January 13. 1997. 2. The Father. Scan S. Colvin, shall enjoy periods of temporary physical custody with the minor child at such times and under such circumstances as agreed upon by the parties. 3. In the event the Father is dissatisfied with this Order, the Father may petition the Court to have the case again scheduled for a conference with the Custody Conciliator. 4. This Order amends the prior Order entered in this case in order to correct misspellings with respect to the panics names. cc: Thomas J. Williams, Esq. Sean S. Colvin H '1 _J 7 1 ? BY THE COURT. V WINDY TAYNA SI IEAFFE.R, Plaintiff V SEAN S. COLVIN, Defendant Prior Judge: IN '1'l IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-651 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITII THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. In the above case, there were some misspellings on the names of the parties in the original Order. At the request of the Plaintiff, the attached amended Order is presented. 7 DATE JUL 24 2008p? SEAN S. COLVIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 1997-651 CIVIL ACTION LAW WENDY T. SHEAFFER, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, J. ORDER OF COURT AND NOW this _21)- day of July 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court in regard to the above-captioned matter are hereby VACATED. 2. Legal Custody: The Father, Sean Colvin, and the Mother, Wendy Sheaffer, shall have shared legal custody of Ciera Rayne Sheaffer, born 01/13/1997. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Father shall have physical custody of the Child one evening every week between Monday and Friday for a period of time between one and a half (1 %z) and two (2) hours. The custody exchange location shall be as agreed by the parties. Father's physical custodial periods with the Child may be altered or expanded as mutually agreed or in the best interest of the Child. b. Father shall have physical custody of the Child every other Saturday or Sunday, or some other day by mutual agreement, for a period of time between three (3) and four (4) hours. c. Father shall have additional periods of physical custody as the parties may agree. 4. Holidays: Major holidays with the Child shall be alternated or arranged between the parents as mutually agreed upon. 5. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Franklin Family Services. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. Neither party may say or do anything nor permit a third party to do or say anything that may Cr U-) r t co C%j €t. a: LLJ i -; LL- N y • a estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. Telephone Contact: Telephone contact between the Child and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 9. It is specifically understood that Father's custodial periods with the Child are to be used to re- establish his relationship with the Child and that Ciera is not to be the baby-sitter of Father's other child(ren). 10. This Order is entered pursuant to 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. 11. A status-update conference is hereby scheduled for September 22, 2008 at 9:00 am at the Court of Common Pleas, Carlisle, PA 17013. h Di tribution: omas Williams, Esq Je/ssica Holst, Esq. _,Jd6 J. Mangan, Esq. By the Court, SEAN S. COLVIN, Plaintiff V. WENDY T. SHEAFFER, Defendant Prior Judge: J. Wesley Oler, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 1997-651 CIVIL ACTION LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(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: Name Date of Birth Currents in the Custody of Ciera Sheaffer 1/14/1997 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 20, 2008, an Order of Court issued May 30, 2008 and an update conference was held July 23, 2008 with the following individuals in attendance: The Father, Sean Colvin, with his counsel Jessica Holst, Esq. The Mother, Wendy Sheaffer, with her counsel, Jennifer Spears, Esq. upon behalf of Thomas Williams, Esq. 3. The Honorable J. Wesley Oler entered Orders of Court dated May 14, 1997 and April 9, 1999 under the docket number 97-651 in regard to the instant matter. 4. The parties agreed to the entry of an Order in the form as attached. A Date: ---??. John gan, Esquire Cus od Conciliator SEP 2 2 2008 SEAN S. COLVIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 1997-651 CIVIL ACTION LAW WENDY T. SHEAFFER, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, J. ORDER OF COURT AND NOW this ZS r )_ day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court in regard to the above-captioned matter are hereby VACATED. 2. Legal Custody: The Father, Sean Colvin, and the Mother, Wendy Sheaffer, shall have shared legalcustody of Ciera Rayne Sheaffer, born 01/13/1997. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Father shall have physical custody of the Child every Monday from between 5:00 pm and 5:30 pm until 8:00 pm. Father shall pick up and drop off Ciera at Mother's residence absent mutual agreement otherwise. Father's physical custodial periods with the Child may be altered or expanded as mutually agreed or in the best interest of the Child. b. When Father receives his work schedule on Fridays, Father shall contact Mother to inform her of his available time for the coming up week and Mother and Father shall arrange for Father to have physical custody of Ciera for a period of time between two (2) and four (4) hours during that week. Father's physical custodial periods with the Child may be altered or expanded as mutually agreed or in the best interest of the Child. 4. Holidays: Major holidays with the Child shall be alternated or arranged between the parents as mutually agreed upon. 5. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. Mother has agreed to promptly resume Ciera's counseling with Ms. Keri Spedding at Franklin Family Services. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. V €f% U3 j t C N ? ./ 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other parry, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. The parties are directed to not discourage the Child from having contact with the other parent. 7. In the event of a medical emergency, the custodial parry shall notify the other party as soon as practicable after the emergency is handled. The parties are directed to share information of scheduled doctor's appointments and school events. Should a party not be able to attend said appointments and events, the party not attending has the right to have information regarding Ciera's health and well-being. 8. Telephone Contact: Telephone contact between the Child and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 9. This Order is entered pursuant to 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. 10. A status-update conference may be reconvened as necessary and proper by either party and the assigned conciliator shall be contacted to schedule said conference. Distribution: ,Xiomas Williams, Esq. ?ssica Holst, Esq. ,,John J. Mangan, Esq. Rv the Court_ SEAN S. COLVIN, Plaintiff V. WENDY T. SHEAFFER, Defendant Prior Judge: J. Wesley Oler, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 1997-651 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(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: Name Date of Birth Currently in the Custody of Ciera Sheaffer 1/14/1997 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 20, 2008, an Order of Court issued May 30, 2008, an update conference was held July 23, 2008, an Order issued July 27, 2008 and a status conference held on September 22, 2008 with the following individuals in attendance: The Father, Sean Colvin, with his counsel Jessica Holst, Esq. The Mother, Wendy Sheaffer, with her counsel, Thomas Williams, Esq. 3. The Honorable J. Wesley Oler entered Orders of Court dated May 14, 1997 and April 9, 1999 under the docket number 97-651 in regard to the instant matter. 4. The parties agreed to the entry of an Order in the form as attached. Date: _!L-?-? Jo J. angan, Esquire C stod Conciliator