Loading...
HomeMy WebLinkAbout03-4127ERIC E. SHOAFF, Plaintiff, STACEY DAWSON, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO: - : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, comes the Plaintiff, Eric E. Shoaff, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Complaint for Primary Physical Custody: 1. The Plaintiff, Eric E. Shoaff, is an adult individual currently residing at 204 E. Portland Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Stacey Dawson, is an adult individual currently residing at 1550 Williams Grove Road, No. 102, Meehanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, Joshua Dawson, born October 13, 1990, in Camp Hifl, Cumberland County, Pennsylvania. 4. The child was born out of wedlock. 2003. 5. The parties resided together from the birth of Joshua up until June 1, 6. As of June 1, 2003, Joshua resided with the Defendant, natural mother, at the address contained in paragraph 2 above. 7. Plaintiffis the natural father of the child; Defendant is the natural mother of the child. 8. Plaintiffknows of no other person asserting a fight to custody or partial custody of the child. 9. There is no prior Order of Court or proceeding regarding the custody or partial custody of the child. 10. Plaintiffbelieves and therefore avers that it is in the best interest of the child to grant shared legal custody of Joshua unto both parties, with primary physical custody vested in Plaintiffhere'm, subject to periods of reasonable partial custody in Defendant. -2- VERIFICATION I verify that the statements made in the foregoing document 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. ERIC E. SHOAFF PLAINTIFF STACEY DAWSON DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4127 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursda~ 28, ?003 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p. Greevy, E~_, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monda~'~September 22, 2003 at 12:30_~PM tbr 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. Ali children age five or older may also be l~resent at thc conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Mdissa p, Gree*y,~Esq. ~ v Custody Concihator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ERIC E. SHOAFF, Plaintiff STACEY DAWSON, Defendant IN THE COURT OF COMMOI~A~ ~3 CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4127 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this %~, ~ day of September, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Eric E. Shoaff and Stacey Dawson, shall have shared legal custody of their minor child, Joshua Dawson, born October 13, 1990. 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. Pursuant to the terms of 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. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall temporarily be arranged as follows: A. Effective September 24, 2003, Wednesday evenings from 5:30 p.m. to 9:30 p.m. 8:30 p.m. On September 28, 2003 and October 5, 2003, from Noon until C. Effective October 11, 2003, Father's weekend custodial time shall be expanded to each Saturday from Noon until after Mother is off work and each Sunday from Noon until 8:30 p.m. NO. 03-4127 CIVIL TERM 3. The parent receiving custody will be responSible for providing transportation by picking up the child after work. 4. The parties are directed to promptly contact Interworks to arrange counseling to address the strain in the relationship between the child and the Father. It is anticipated that in the process of addressing the tensions in this relationship, that Father's custodial time will be expanded to include full custodial weekends at a pace which is clinically appropriate for the child. Unreimbursed costs of the counseling will be shared by the parents. 5. This Order is temporary in nature. If within sixty (60) days of the date of this Order an additional Conference is needed, counsel for either party may contact the Conciliator by letter to request that the Custody Conciliation Conference be reconvened. Dist: BY THE COURT: P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 Marianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109 Deborah L. Salem, MHS, CAC, I nterworks, 4335-A N. Front Street, Harrisburg, PA 17110 ERIC E. SHOAFF, Plaintiff STACEY DAWSON, Defendant NO. 03-4127 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Joshua Dawson DATE OF BIRTH October 13, 1990 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on September 22, 2003 with the following individuals in attendance: the Father, Eric E. Shoaff, and his counsel, P. Richard Wagner, Esquire; the Mother, Stacey Dawson, and her counsel, Marianne Rudebusch, Esquire. 3. Father filed for primary custody on August 22, 2003. He resides in Mechanicsburg since the parties' separation on June 1, 2003. Father works 8:00 a.m. to 4:30 p.m. Monday through Friday and no weekends. 4. Mother resides in Mechanicsburg with the child. She works at Outback Steakhouse on Wednesday, Friday, Saturday and Sunday, primarily the evening shift which typically runs from 4:00 p.m. to 10:00 p.m. Although, on Sunday, she works from 1:45 p.m. to 8:30 p.m. Her shift on Saturday evenings tends to run somewhat later with work being complete by around midnight. 5. Both parties acknowledged that there is significant strain in the relationship between the Father and the child at this time. Therefore, the parties have agreed that the Father and the child shall participate in counseling to facilitate the repair of the relationship. As that repair work is done, it is anticipated that the agreed upon amount of time upon the Order attached is likely to be expanded, in particulcr"~n th'~ weekends when Mother is working. ~! Date ) Melissa Peel Greevy, Esquire Custody Conciliator :218657