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Home My WebLink About00-06124 ,. ~ ,,. l"~':i:: MARK SHEAFFER PLAINTIFF V. BRENDA M. MANHOLLAND DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-6124 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 11 th day of September ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenne, Suite 105, Camp Hill, PA 17011 on the 11th day of October ,2000, at 12:30 a.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: Isl 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 1HIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 , 11 fi II " ~~ I;' II. [, II 1 II ~~~ <l. /3-0.::; ;'13 at.? If-/.] . c:? t::' ,-- ~^~~ ., ~. "', ' "' _ "'.,,'_ K"=~" '~ ' ,,",.~ " ' '.''''_'"__.,,, "", ~'~ '_ ~. -",,," '~"--." . ',,'~'-'- DF ", c , nt? <:ro i ,,~ \~,.J 'h~: 1 ,.I , j;": I., ~~ C11ft/,:;",O!,,'" (',,,-- c..." Ul.kl<...;>.L/,',:'-i:J .::,: ,'j\!-I'V PE'I' j,'~.. ' -1\j~SYI \/.:\:\jl/I' . _\!f \, ,r M.~<~ ~4-~ 77~;'~ ~~. t~ /k~ -i7 ~ _~ wv_...., .__1 ~I!H!II~~~Ni~"",-""W;~~,",~;ql~~"';9'"1fW'ff-'mH"~lliffii'itiikW;!;:.l;ffi)"""~i!lmX!-1li~ '" ~.,~ ~~-<;;.: MARK SHEAFFER, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. JlOOO - (p Ii). L.{ BRENDA M. MANHOLLAND, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the Conciliator, at the Fifth Floor Conference Room, Cumberland County Courthouse, Carlisle, Pennsylvania, on the day of , 2000, at _.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 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: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 .-----:,= - =~_. , >>, ~l;!;;i,: MARK SHEAFFER, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-0. ~/.2'f ~ I~ BRENDA M. MANHOLLAND, Defendant CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Mark Sheaffer, by and through his attorney, Gary L. Kelley, and files this custody complaint, and in support thereof, respectfully avers as follows: 1. Plaintiff is Mark Sheaffer who resides at 623 State Street, Apartment 3, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Brenda M. Manholland who resides at 104 North Enola Drive, Enola, Cumberland County, Peunsylvania 17025. 3. Plaintiff seeks custody of the following child: Name Present residence Age Jeffrey L. Murray, Jr. 623 State Street, Apt 3 Lemoyne, P A 17 years The child was born out of wedlock. The child is presently in the custody of Plaintiff. 4. During the past five (5) years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Plaintiff 623 State Street, Apt 3 Lemoyne, P A 7/00 - present ""0', JUt<l:l!l!,-i Defendant various addresses 5/00 - 7/00 Defendant Gerald Manholland, Jr. 104 North Enola Drive Enola, Pa 7/99 to 5/00 5. The mother of the child is Defendant. The parties are brother and sister. 6. The relationship of Plaintiff to the child is that of maternal uncle. Plaintiff currently resides with the following persons: Name Relationship Jeffrey L. Murray, Jr. nephew 7. The relationship of Defendant to the children is that of mother. Defendant currently resides with the following persons: Name Relationship Gerald Manholland, Sr. husband 8. 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 who claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is a fit parent. ',", -"~~~ Defendant has stated that she does not the child to return home and that the child may reside with Plaintiff. The minor child does not view Defendant as a source of love and affection. Placing custody with Plaintiff will provide continuity, stability and certainty to the child's life. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant legal and physical custody of the child to Plaintiff. Respectfully submitted, G L. elley ill No. 46801 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 Attorney for Plaintiff - O"OU ',", .~. 1lO>, VERIFICATION I verify that the statements made in this Complaint are 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. Date: 9/rlDo . ~\_ U ~~l ,I.', , ,",,,,,,,,'-' 'il :" '~~~li>~,>.&!il~~W"""~" ~"il. ~ tfili.il~ ~~. 'jf ~, iIiltilllI ~\~. 6' G . ~ ~ ~ " ,. ~ , '6 Y) 8 ~-.;:, ~ ~ ~ .... .J" ..c::. Y'1 ~ ., ~;cf: 7::1 Z,C- (/''.1",; > -J'" " !,::=C.:' ..". 2:;: C~~ 52 L:'" --; -<. ~~' . ., . o c: I':..~.. ]~ ,I' I:~ II 1.1, Ii! il :1 ij r, " ~ ~ 'I II 11.1 I I ::J:;> '",,"." ,.''- ~ U) ,.,., ""J \ ,,- en s=; ::::C"J -<. . ." '-'~""'~~;';<!:l); , ~ ) ~ . s~~ MARK SHEAFFER, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ -&/c)~ BRENDA M. MANHOLLAND, Defendant CIVIL ACTION - CUSTODY ORDER AND NOW, this ~day of September, 2000, upon consideration of Plaintiffs Petition //~ For Emergency relief, it is hereby ORDERED and DECREED that Plaintiffs Petition is ~ GRANTED and Plaintiff is awarde~PhYSiCal custody of the minor child, Jeffrey L. Murray, Jr., DOB 5/2/83, pending further Order of Court This matter shall be immediately referred to a custody conciliation conference. JUDGE q~7-o-V frlVU (l; flu-> :p~ ~~N.e~(J~MY~d~ ~' ';".,.I.e, '".', . ., ~ ' '." ~""-';IOi- <~'.~ ,0''''1' ,"",'"' -'-~~.i~J!rS;j~' "~' ~D" , . ~,,~ ~',~- ~ ,,;;... Li iIiIIIlii ,--, , r. ",- ,~ , , ',,' ;;i I' ii rJ I'~ 'r,' , t: h: 'f:; ,,\ , :1: 1 , il 'I , , 0 <.::. I c: c::~ '?' :'0 l:JfY: I I [[1,i'; r'1 tf/ .'0 ~ ~-...~ "l'J -". - - J::;; ~- -, -< a . -~~. ,".......... ,....~"'''''''.>\W,' ~ ' ~ i MARK SHEAFFER, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ;?CW- '(pOV BRENDA M. MANHOLLAND, Defendant CIVIL ACTION - CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff, Mark Sheaffer, by and through his attorney, Gary L. Kelley, and respectfully represents as follows: 1. Plaintiff is Mark Sheaffer who resides at 623 State Street, Apartment 3, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Brenda M. Manholland who resides at 104 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 3. The parties are brother and sister. 4. Defendant is the natural mother of Jeffrey L. Murray, Jr., DOB 5/2/83. 5. Plaintiff is the maternal uncle of Jeffrey L. Murray. 6. The natural father of the child is Jeffrey L. Murray, Sr. 7. He has had no involvement with the child, does not pay support, and his present whereabouts are unknown. 8. Defendant is married to Gerald Manholland, Jf. They have been married since July 1999. 9. The minor child resided with Defendant and her husband through May/June 2000. ,,,"~ ' ~" ~' . ~ !I'~~" . " \ .; . " 10. During the course of the marriage, numerous acts of domestic violence have occurred in the presence of the minor child and the local police have been called to the residence approximately twenty (20) times. 11. Various act of domestic violence have been committed against the Defendant and the minor child by Defendant's husband. 12. At times, the acts of domestic violence by husband upon Defendant have been so severe that the minor child has been forced to intervene on behalf of his mother to prevent serious physical injury to his mother. 13. Defendant's husband has physically attacked the minor child on numerous occasions and has attempted to inflict serious bodily harm upon the child by throwing him against the wall and throwing him against a large fish tank and causing the tank to shatter. 14. As a result of these repeated attacks, Defendant and the minor child were forced to relocate from Defendant's husband and out of the home. 15. However, in late JunefJuly 2000, Defendant, against the advice of family and friends, Defendant began living with her husband again. 16. Defendant, however, told the minor child that he was not permitted to reside at home with her and her husband and told him that he must fend for himself. 17. Defendant has indicated to the minor child that he is responsible for Defendant's husband's repeated acts of physical violence. 18. As a result, the minor child has not been permitted to return to his home and has been residing with his uncle since July 2000. - -"'ii!ll<; " #'-- '" 'h' ~,~ , ,'~ ".'~ '....... . "~,,.,' \ . . , . . .' 19. Plaintiff has attempted to intervene on the minor child's behalf. 20. Defendant has also informed Plaintiff that the minor child will not be permitted to return home and that he may undertake the care and custody of the minor child. 21. Defendant as recently as the end of August left the area for an extended stay in Texas and did not inform the minor child of her whereabouts or of her intentions to return. 22. Defendant as, recently as this week informed Plaintiff that her life was fine and that "my life is fine without my son" and that she did not want the minor child to return home. 23. Defendant has delivered all of the minor child's personal property to Plaintiff. 24. Defendant has made several other profane remarks regarding the minor child and refuses to take custody of him. 25. Plaintiff has made diligent attempts to enroll the child in school but has not been permitted by school officials to enroll the minor child. 26. Defendant has refused to cooperate with Plaintiff in enrolling the child because of potential support concerns and does not care if the child attends school. 27. Plaintiff has a close relationship with the minor child and has been mentoring him over the past several years. 28. The child views his uncle as a source of love, affection, and guidance and has been residing with him since July 2000 with the consent and permission of Defendant. 29. To date, the minor child has been unable to attend any school. 30. Without the intervention and assistance of this Honorable Court, the minor child will not be permitted to attend school. . ~~ , ,'. '0'::""; 'L,~, , . . ~ ; . : 31. Without the intervention and assistance of this Honorable Court, the minor child will not have a legal residence. 32. It is in the best interest of the minor child that this Honorable Court issue an Order granting legal and physical custody of the minor child to the Plaintiff, Mark Sheaffer, pending further Order of Court. WHEREFORE, the Plaintiff, Mark Sheaffer, respectfully requests that this Honorable Court enter an Order granting him legal and physical custody of the minor child, Jeffrey L. Murray, Jr. pending further order of Court. Respectfully submitted, ~~~~ ill . 6801 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 ATTORNEY FOR PLAINTIFF ~~'~~~' ~.~" . .- _.~ .' ~ "~ .... ~, , . . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to i unsworn falsification to authorities. Date: ~/flf)O . ~\~ U_ ~l ,i.'> . ,~ -- "~bDilW", .' _~~,~,., ""'~s'~~"'iliil_~~~_~@;J~~t~f'~'J3"-;"",~~rt~~~~ ~','~ ~-'"".~"'. . , ~,~ """"~I'-'--'- .. .~ 0 '......' C C:J :;:':~ ':/) -oC.; rTI rni .: ..:) Z' z en , .~ -< ~; ):':;l'-< .' c :o,h 4"~:' "~'. c- (~ p ..-;~: 1"'" ~ -< (Jl () -f: -.\ '! r) -;-_.;,; . C) ;,....:, ;~rl -=t .~~I -< .- ,;, ". 'ii;.. ..li, ?'. ~2~ MARK SHEAFFER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6124 BRENDA M. MANHOLLAND, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this --zs:;- day of \9~2000, upon consideration of Custody Conciliation Summary Report and the prior Order of September 7,2000, it is hereby and decreed that: 1. Legal Custody. The Maternal Uncle, Mark Sheaffer, shall have temporary legal custody of Jeffery L. Murray, Jr., born May 2, 1983. Mark Sheaffer shall have the right, to make all major and non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, Mark Sheaffer shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. Physical Custody. Plaintiff, Mark Sheaffer shall have temporary physical custody of the minor child, Jeffery L. Murray, Jr., born May 2, 1983. 3. This Order is temporary is nature. This Order may be modified upon proper petition of the Court whereupon it shall be scheduled for an additional Conciliation Conference. 4. Counsel for the Plaintiff shall file a Certificate of Service indicating the completion of service for the temporary Order of September 7, 2000, and each of the Orders scheduling this pre-hearing Conferences for October 17, 2000, and for October 11, 2000. .J BY THECOU i'l;j/ / j Dis!: Gary L. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 /V). 0 J -.. M. M~"."', ,"'.. ""0' -, '""" '^ "w; t. ~ -I' ~ j()- M -00 RX5 " ~, ...11....,.1.. ~'-'!" :~ ,,' "-',' ~~, ,,~- i,.,:\.,.i 1') ~_, L,.,I F\ j '." ",' ,..,') / (~ ,.~-\.! .' CUi\:'I~~"j:,~':...,'\' " \'CI\I"\'c'lc, \!L\I'JI'\ ":..- ~l\u 1..-" , " _",,-:M ,,,,:>.,,,~~'l'''i~H-!W"~IjJ~~'':~r''!JlW~WlI1\'W',, ,~ I ""~"":>t,' "~".'. ~ MARK SHEAFFER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6124 BRENDA M. MANHOLLAND, Defendant CIVIL ACTION - LAW 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 May 2, 1983 CURRENTLY IN CUSTODY OF: Jeffrey L. Murray, Jr. Maternal Uncle 2. A Conciliation Conference was held on October 17, 2000, with the following individuals in attendance: The Maternal Uncle, Mark Sheaffer, and his counsel, Gary L. Kelley, Esquire. The Mother/Defendant did not attend. Defendant's counsel reports that he served the Defendant with copies of the September 7, 2000, Order of Judge Bayley and with copies of the various Orders scheduling the pre-hearing Conference to date. The Maternal Uncle has indicated in Conference that he understands that his sister, the Defendant, did not plan to attend the Conference. 3. The Plaintiff indicates that the Child is having some struggles in school. Therefore, to assist him in having the appropriate Court Order which will document that the scope of his legal custody to include decision making with regard to education, it is recommended that the Order of September 7,2000, be somewhat modified as indicated in the Order attached. Therefore, an Interim recommended Order as attached was presented to th'e Court. JD/vJ/~ I ' elis Peel Greevy, Esquire Custody Conciliator Date