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HomeMy WebLinkAbout03-0234STEPHEN C. SHEEHAN, VS. CANDIS L. DOLLY, Plaintiff : Defend~.nt : IN THE COURT OF CO~ON P?.~S OF YORK COUNTY, PENNSYLVi~NIA CIVIL ACTION -.~AW No. 2003 - CIVIL CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Stephen C. Sheehan, residing at 1550 Williams Grove Rd., Lot 136, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Candis L. Dolly, with a last known address at 109 Miller Street, Dillsburg, PA. Defendant is believed to be residing somewhere in Carlisle, Cumberland County, Pennsylvania however, she is being represented by Brian C. Bornman, Esquire, 714 Bridge Street, New Cumberland, PA 17070 in a related domestic matter filed to No. 03-27 Civil, and has agreed to accept service on behalf of his client or have her sign an acceptance of service. 3. Plaintiff seeks custody of the following child: NAME Brigham K. Sheehan PRESENT RESIDENCE unknow -- defendant has concealed whereabouts The child was born out of wedlock. NAME RELATIONSHIP Jodi L. Amspacker fiancee 5. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP unknown 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff has and can continue to provide the child with a home with adequate moral, emotional, and physical surroundings as required to meet the child's needs; (b) On November 22, 2002, the parties entered into a Custody Agreement & Stipulation, agreeing to a joint custody arrangement. A true and correct copy is attached hereto as Exhibit A and incorporated herein by reference. (c) On or about December 18, 2002, Defendant failed to return the child to father in accordance with the parties' custody agreement and concealed her whereabouts to prevent father from exercising his custody rights. (d) Plaintiff is fit and capable of making child related decisions and is willing to provide the care and love for the child. 8. It is in the best interest and welfare of the child that the Plaintiff be awarded primary physical custody or, in the alternative, joint physical custody on a week-on, week-off basis. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff request the court to grant him legal and primary physical custody of the minor child or awarding joint physical custody on a week-on, week-off basis. Respectfully submitted, S p e K. Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 (717)432-9706 Attorney I.D. %34538 Attorney for Plaintiff VERIFICATION I, Stephen C. Sheehan, hereby acknowledge that I am Plaintiff in the foregoing Custody Complaint that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Stephen C. Sh-eehan STEPHEN C. SHEEHAN, Plaintiff CANDIS L. DOLLY, Defendant : IN THE COURT OF COMMON PLEAS COUNTY, PA : No. : : CUSTODY CUSTODY AGREEMENT & STIPULATION THIS AGREEMENT, made this f~day of November, 2002, by and between, STEPHEN C. SHEEHAN, who resides in Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Father"), and CANDIS L. DOLLY, who resides in Dillsburg, York County, Pennsylvania, (hereinafter referred to as "Mother") (collectively referred to hereinafter as "Parties"). WITNESSETH WHEREAS, the Parties are the natural and biological parents of Brigham K. Sheehan, bom September 7, 2001 (hereinafter the "Child"); WHEREAS, the Parties have given considerable thought to the questions of legal and physical custody of the minor Child and the manner in which the Child's interests may best be served; and WHEREAS, the Parties mutually agree that it is in the best interests of the Child that he continue to have the broadest and most meaningful contact possible with both Parties and consistent with the provisions of this Agreement; WHEREAS, the parties desire that the provisions of the present Custody Agreement & Stipulation may, at any time, be approved by the Court, and entered as a Court Order, with the same force and effect, as though said Order had been entered after Petition, Notice and Hearing. NOW, THEREFORE, with the foregoing incorporated by reference and intending to be legally bound, and in consideration of mutual promises and agreements contained herein, the parties agree as follows: The parties shall share legal and physical custody of their minor Child as follows: 1. LEGAL CUSTODY: The parties shall share legal custody of the Child. This means that both parties shall have the right to share in making decisions of importance in the life of their Child, including education, medical, and religious decisions. Both parties shall be entitled to equal access to the Child's school, medical, dental and other important records. As soon as practical, after the receipt by a party, copies of the Child's school schedule, special events, notifications, report cards, and similar matters, shall be provided to the other party. Each party shall notify the other of any medical, dental, optical, or other appointments of the Child with a health care provider, sufficiently in advance, so that the other party can attend. In the event that the parents disagree as to any decision concerning legal custody issues, the parties agree that the matter shall be referred to the Court for determination. 2. PHYSICAL CUSTODY: The parties shall share physical custody of their minor child on an alternating weekly basis beginning at 1 p.m. each Sunday when the parties shall meet at a mutually acceptable public place [e.g. Baker's Restaurant in Dillsburg, PA.] to exchange the child, including any other times as provided herein. The parties agree that the exchange will take place between the parties and no third party shall be present. The shared custody arrangement shall be as follows: (a) Mother shall commence the schedule by picking up the child at the mutually agreed place at 1:00 p.m. Sunday, November 10, 2002, and then Father shall pick up the child at the same public place at 1:00 p.m. the following Sunday, November 17, 2002 and the schedule shall continue to alternate in this fashion from week to week, except as may otherwise be provided in the agreement. (b) During the week of each custodial period, the non-custodial parent for that week shall have the child on Wednesday, from 9:00 a.m. until 9:00 p.m. (c) The parties further agree that either parent may exercise additional fights of physical custody with the Child at such other times as they may from time to time agree. 3. SUPPORT AND/OR CHILDCARE: If applicable, the parties agree to equally share the costs of daycare for their Child and each parent agrees to pay one-half of the daycare costs. The parties agree that neither shall look to the other parent for support of their child so long as this shared custody arrangement is in place. However the parties acknowledge and understand that the Court is not bound by their agreement to waive child support and that the law in the Commonwealth of Pennsylvania is that parents may not bargain away the fights of their child. 4. DAILY DECISION MAKING: Notwithstanding that both parties share legal custody, non-major decisions involving the Child's day to day living shall be made by the parent then having custody consistent with the other provisions of this Agreement. 5. CHILD'S BIRTHDAY AND HOLIDAYS: The parties shall share custody on the Child's birthday with Father having the Child from 9:00 o'clock A.M. until 3:00 o'clock P.M. and Mother having the Child from 3:00 o'clock P.M. until 9:00 o'clock P.M. Further, the parties shall alternate the holidays [consisting of New Years Day, Memorial Day, July 4th, Labor Day and Thanksgiving], with Mother commencing the holiday schedule on Thanksgiving and Father having the next holiday of New Years Day, etc. The fights of custody shall be exercised from 9:00 o'clock A.M. until 9:00 o'clock P.M. 6. CHRISTMAS HOLIDAY: During Christmas, the Father shall have the right of custody each Christmas season in even numbered years, such as 2002, from December 24th at noon through December 25th at noon. In even numbered years, the Mother shall have the fight of custody of the Child from December 25th at noon through December 26th at noon. In odd numbered years, such as 2003, the Mother shall have the fight of custody with the Child from December 24th at noon through December 25th at noon. And in odd numbered years, the Father shall have the right of custody with the Child from December 25th at noon through December 26th at noon. 7. MOTHER'S DAY AND FATHER'S DAY: Mother shall always have the right of custody on Mother's Day. Father shall always have the right of custody on Father's Day. The rights of custody shall be exercised from 9:00 o'clock A.M. until 9:00 o'clock P.M. 8. VACATION TIME: Each party shall be entitled to two (2) non-consecutive weeks of uninterrupted time with the Child during the calendar year upon thirty (30) days advance written notice to the other. 9. EXTRA-CURRICULAR ACTIVITIES: With respect to extra-curficular activities, each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor participating activities that the Child wishes to engage in. During the times that the party has custody of the Child, they will make certain that the Child does attend any extra- curricular activities. Parties agree to be supportive of the activities, and shall transport the Child to and from such activities and the preparations and practices for such activities that are scheduled in such times, so that the Child is able to participate in those events. Neither parent, however, shall sign up the Child for any activity, unless the Child definitely desires to attend that activity. Participation in activities, which takes place during the school year, is contingent upon the Child continuing to maintain passing grades in school. Neither parent shall sign the Child up for activities that fall in the other parent's period of custody, without the consent of the other party, which consent shall not be unreasonably withheld. If the Child does select an activity, which occurs during both parents periods of custody, that parent shall cooperate in providing transportation of the Child to the activity, provided that activity does not require transporting the Child a distance greater than 15 miles one-way. In the event travel exceeds 15 miles one-way, then the parent signing the Child up for such activity shall be responsible for transporting the Child to and from the other parents home so that the Child may attend such activity. The parents shall not be required to take the Child to an activity, if the parents and Child are out of town during the activity, for a previously scheduled vacation. In the event that a parent is unable to deliver a Child to that particular activity, the parent who has custody of the Child at that time, shall notify the other parent, who shall be entitled to pick up and deliver the Child to the designated activity, and return her after the activity has ended. The parent then having custody shall make certain that the Child is ready for pick up in time sufficient to enable the Child to timely attend the event. 10. FOSTERING MUTUAL AFFECTION: The parties agree that they, and any third person, in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither parent should permit any third person, to do or say anything, which may estrange the Child from the other parent, their spouse, or relatives, or injure the Child's opinions of the other party, which may hamper the free and natural development of the Child's love and respect for the parent. The parties shall not use the Child to convey further messages to the other parent about the custody situation or changes in the schedule. Further, the parties agree not to use third parties to convey messages to the other parent about the custody situation or changes in the schedule unless it is absolutely necessary under the then current circumstances. 11. FOCUS ON THE CHILD'S BEST INTEREST: The parties agree that the welfare and the needs of the Child shall be the prime consideration of the parties, in the application of any of the provisions of this Order. Both agree to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes in the schedule, and any other parenting issues. 12. EMERGENCY DECISIONS: The parties agree that emergency decisions regarding the Child, shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any parent then having custody of said Child, shall immediately communicate with the other, by telephone or other means practical, informing the other of the nature of the illness or emergency, so that the other parent can become involved in the decision making process as soon as practical. During such illness, each party shall have the right to visit the Child as often as he or she desires, consistent with the proper medical care of the Child. The term serious illness, as used herein, shall mean any disability that confines the Child to bed for a period in excess of seventy-two (72) hours, and which places the Child under the direction ora licensed physician. Further, the parties agree, generally, that all medical decisions will be made jointly. Both parties will cooperate in dispensing to or reminding the Child to take any prescribed medication. 13. TELEPHONE CALLS: Both parties shall use common sense in scheduling telephone calls to talk to the Child. Both parties shall refrain from preventing the parent who may be calling from talking to the Child, or preventing the Child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Child. Each party agrees to supply the name, address and phone numbers of any persons in whose care the Child will be in for a period in excess of twenty four (24) hours, and for each person or entity which may provide day care for a Child. 14. RIGHT TO ENTER AGREEMENT AS COURT ORDER: The parties further stipulate and agree that this Custody Agreement may be submitted at anytime to the Court of Common Pleas of Cumberland County, Pennsylvania, or court of competent jurisdiction with request that the court approve this agreement and enter the same as an order of court. 15. MODIFICATION: The parties agree that they may modify the terms of this Agreement or subsequent Court Order if so entered, but that in order to do so, both parties must be in complete agreement to any new terms, i.e., both parties must agree on what new terms of the custody arrangement schedule shall prevail. In the event that one or the other does not consent to the change, neither party may unilaterally change this agreement. It is contemplated that any future changes, like this document, shall be in writing. IN WITNESS WHEREOF, the Parties hereunto set their hands and seals the day and year first about written. ~~ ~ [X,~(__.~ S(ephen C. Sheehan Witness Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF "/'e r'L SS. Personally appeared before me, a Notary Public, this ~ rd day of ~o, ~-~o~ , 2002, Stephen C. Sheehan, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: Notadal Seal ] Ronnetta S. Rider, Notary Public .. ~ Dillsburg Bom, York County my [.;ommission ~'~b. 12, 2005 Member. Pgr~l'lSylV~rlie ~gsociation ot Notaries COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF '],~ ~k Personally appeared before me, a Notary Public, this 9, gr''~ day of 2002, Candis L. Dolly, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: (SEAL) I ' Notarial Seal Flonnetta $. FI der, Notary Public . _Dtll .~urg Bore, York County my uornmlulon Exl~lrea Fob. 12, 2005 Mem~r, i~flnsv~ven~a Association of Notaries R • h ~~ ~~ \ ~ `~ ~ ~ t - ~ i t ~ O '~~ ~~ Z '~ {~ i ' ~~~ ~c v . ~_ ' ~ \ rhv ~ ` 1 V_ \V V \. ` t ~. ~. STEPHEN C. SHEEHAN PLAINTIFF CANDIS L. DOLLY DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-234 CIVIL ACTION LAW IN CUSTODY (_ORDER OF COURT AND NOW, Friday, January___24, 2003 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Count_y Courthouse, Carlisle on Tuesday, February_18, 2003 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference an effbrt 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 l~resent at the conference. Failure to apl)ear at the conference may provide grounds for entry ora temporary or permanent order. The court hereby directs the parties to fitrnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacq!~ine~l~. Ver_n.ey,_Esa.~_ ~ 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 accommodahons 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 A~ITORNEy OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFEICE 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 Stephen C. Sheehan Plaintiff VS. Candis L. Dolly Defendant ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY ) PENNSYLVANIA ) ) CIVIL ACTION-LAW ) ) NO. 03-234 CIVIL TERM ) ) IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Order of Court in the above-captioned case on behalf of my client, Candis L. Dolly. Above mentioned Order of Court was signed January 24, 2003 and sets a date for a conciliation conference. Brian C. Bomman, Es~ Kline Law Office 714 Bridge Street New Cumberland, PA 17070 (717)770-2540 FEB 2 5 ZOO3 STEPHEN C. SHEEHAN, Plaintiff V. CANDIS L. DOLLY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-234 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 7~g" ~ day of 1~ ~ L ,~ ~-, --, ,2003, upon consideration of the attached Custody Conciliation Report, ~ is Iordered and directed as follows: 1. The Father, Stephen C. Sheehan, and the Mother, Candis L. Dolly, shall have shared legal custody of Brigham K. Sheehan, born September 7, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parents shall share physical custody of the Child on a week on/week off basis. The exchange day and time shall be Sunday at 1:00 p.m. Because Mother has withheld the Child from Father for the past two months, Father shall have physical custody from February 21, 2003 to Sunday, March 2, 2003. Thereafter the week on/week on schedule will commence. 3. The parents shall cooperate with a custody evaluation to be paid for by Father. Counsel for the parties shall select the psychologist. The parties shall contact the expert and arrange for their individual appointments. 4. Father shall be responsible for all transportation until Mother obtains a vehicle, at which time transportation shall be shared as agreed by the parties. 5. Mother shall have physical custody of the Child on Mothers Day; Father shall have physical custody of the Child on Fathers Day, both from 9:00 a.m. to 9:00 p.m. 6. The parties shall keep the other advised of a current telephone number and the non-custodial parent shall be entitled to contact the Child once per day. 7. Neither party shall do or say or permit any th!ird party to do or say anything that may 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. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provis, ions of this Order by mutual consent. In the absence of mutual consent, the terms of this ,Order shall control. Another Conciliation Conference may be scheduled by either party, if necessary, once the custody evaluation is completed. BY THE COURT, ~ . J. cc: Stephen K. Portko, Esquire, Counsel for Father Brian Bornman, Esquire, Counsel for Mother STEPHEN C. SHEEHAN, Plaintiff CANDIS L. DOLLY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003-234 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: None 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 Brigham K. Sheehan DATE OF BIRTH September 7, 2001 CURRENTLY IN CUSTODY OF iMother 2. A Conciliation Conference was held in this matter on February 21, 2003, with the following individuals in attendance: The Father, Stephen C. Sheehan, with his counsel, Stephen K. Portko, Esquire and the Mother, Candis L. Dolly, with her counsel, Brian Bornman, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date Esq~reLr~ Custody Conciliator