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HomeMy WebLinkAbout03-4203Todd E. Shafer, Plaintiff V= Joanne R. Lescalleet, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- ,~.,~.~ CiVil TERM : : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Todd E. Shafer, an adult individual whose residence is at 31 Mt. View Terrace, Newville, Cumberland County, Pennsylvania. 2. Defendant is Joanne R. Lescalleet an adult individual whose residence is at 1 Katie Lane, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of his children Troy E. Shafer, born June 6, 1990 and Travis E. Shafer, born March 24, 1992, currently residing at 31 Mt. View Terrace, Newville, Cumberland County. addresses: The children are presently in the custody of Plaintiff. Since the children's births, the children have resided at the following Name Address Dates Father 31 Mt. View Terrace, Newville 8/22/03-Present Mother 1 Katie Lane, Shippensburg 9/02-8/03 Father & Mother 31 Mt. View Terrace, Newville 6/02-9/02 Mother 1 Katie Lane, Shippensburg 6/00-6/02 Mother 11 Cooper Circle, Carlisle 12/98-6/00 6. The relationship of the Plaintiff to the children is that of natural father. 7. The relationship of the Defendant to the children is that of natural mother. 8. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The Mother' s Husband, Frederick Lescalleet II is a drug and alcohol abuser; 13. The Stepfather has used drugs in the children's presence and they have gotten high from secondary smoke; C. The stepfather when high or drunk has become violent; D. On 26 September 2002, Judge Hoffer issued a PFA prohibiting contact between the children and stepfather; and E. On 20 August 2003, in violation of the PFA, the stepfather moved back into the Mother's home. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to refer this case to a Custody Conciliator. Respectfully Submitted TURO LAW OFFICES Date Robert .J~vlulderig, Esqu'~._T 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Todd E. Shafer TODD E. SHAFER, : Plaintiff : V. : JOANNE R. LESCALLEET, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 03-4203 CIVIL TERM IN RE: TEMPORARY ORDER ORDER OF COURT AND NOW, this 29th day of August, 2003, after hearing, we enter the following temporary order that will be in effect until conciliation and/or full hearing before this Court: 1. The parties shall share legal custody of their children, Travis E. Shafer, date of birth 3/24/92, and Troy E. Shafer, date of birth, June 6, 1990. 2. Mother shall have primary physical custody of the children subject to periods of partial physical custody with father as agreed upon by the parties.. 3. The children are not to be within 100 feet of Frederick Lescalleet, II, under any circumstances whatsoever. If this provision of the order is violated, this matter is to be brought before this Court inumediately. ~o, J. tfl~bert J. Mulderig, Esquire -28 South Pitt Street Carlisle, PA 17013 For the Plaintiff 8~hn A. Abom, Esquire South Hanover Street Suite 204 Carlisle, PA 17013 For the Defendant 0 9-o3- 03 :mae TODD E. SHAFER : PLAINTIFF : IN 'IltE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4203 CIVIL ACTION LAW JOANNE R. LESCALLEET DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 02, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. , the conciliator, at 4thFloor, Cumberland County Courthouse, Carlisle on Thursday, September25,2003 at.9:30 AM 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 beard 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 tbe 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. FORTHECOURT~ By: /s/ Hubert X. Gilroy, Esq. 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 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 ItAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL tlELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JOaN'NE R. LESCALLEET PLAINTIFF VS. FREDERICK L. LESCALLEET~ II DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO: 02-4296 : CML ACTION-LAW TODD E. SHAFER PLAINTIFF VS. JOANNE R. LESCALLEET DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO: 03-4203 : CIVIL ACTION-LAW PETITION TO MODIFY PROTECTION FROM ABUSE ORDER and ORDER OF COURT 1. A final PFA was ordered in Docket No. 02-4296 on September 26, 2002. (Attached as "Exhibit A") 2. The plaintiff, Joanne R. Lescalleet, wishes to modify paragraph three (3) of the order, which provides: Defendant shall not have any contact with Plaintiff or Plaintiff s minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at PlalntiW s or Plaintiffs minor children's school, business, or place of employment. 3. The Plaintiffwishes to modify paragraph three (3) so that the defendant, Frederick L. Lescalleet, II, is able to have contact with the Plaintiff and the plaintiffs children. 4. The Plaintiff requests this change because she feels that it is important for her and her children to rekindle their relationship with the Defendant. 5. The Plaintiff wishes that all other provisions of the order remain unchanged. 6. Undersigned counsel spoke with counsel for the Defendant, Mark Bayley, Esquire, who indicated that the Defendant did not oppose this requested modification. 7. On August 29, 2003, an Order of Court was entered following a brief hearing in Docket No. 03-4203. (Attached as "Exhibit B"). That hearing was held in response to an Emergency Petition for Custody filed by the father of Joanne Lescalleet's children, Todd E. Sharer. 8. The August 29th order prohibits Frederick Lescalleet from having comact with Joanne Lescalleet's children. 9. Counsel for Todd Sharer, the father of the children, has been served with a copy of this petition. WHEREFORE, the Plaintiff respectfully requests that this Court grant the foregoing Petition to Modify Protection from Abuse Order. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I hereby verify that the statements contained in this Petition to Modify Protection from Abuse Order are tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date R. Lescalleet, Plaintiff JOANNE R. LESCALLEET PLAFNTIFF VS. FREDERICK L. LESCALLEET, II DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-4296 : CIVIL ACTION-LAW FINAL PROTECTION FROM ABUSE ORDER AND NOW, tiffs ~~''1~' day of September, 2002, by agreement of the parties, the Court hereby enters the following Final Order: 1. The Defendant shall not abuse, threaten, harass, or stalk the Plaintiff, Joanne R. Lescalleet, or the PlaintifFs minor children, Troy Shafer and Travis Sharer, in any place where the Plaintiff or her minor children may be found. 2. The Defendant agrees that Plaintiff shall have exclusive possession of the marital residence of the parties located at 1 Katie Lane, Skippensburg, PA 17266. 3. D~fendant shall not have any contact with Plaintiff or PlaintifFs minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's or Plaintiff's minor children's school, business, or place of employment. 4. The Sheriff of Cumberland County is directed to return any weapons seized pursuant to the Temporary Protection from Abuse Order to Defendant, excluding the Maverick 12 gauge black shotgun, which should be returned to the Plaintiff. 5. Defendant shall pay the costs of this action, including filing and service fees. 6. The Pennsylvania State Police - Carlisle barracks shall be provided with a certified copy of this Order by PlaintifFs attorney. This Order shall be enforced by any law EXHIBIT A enforcement agency where a violafon occurs, by arrest for indirect criminal contempt without a 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 an arrest is made under this section, the Defendant shall be taken without unnecessary delay before the court that issued the Order. When that Court is unavailable, the Defendant shall be taken before the appropriate district justice. This Order supercedes any prior Protection from Abuse Order. All provisions of this Order shall expire in two (2) years from the date of this Order, except that Plaintiff may ask the Court, after notice and hearing, to extend the term of the Order. Edward E. Guido, J. l<D. ra W. Haggerty, Esquire Attorney for Plaintiff Mark Bayley, Esquire ~ttorney for Defendant SEP 0S 2003 (MON) 14:03 COURTS PAGE. TODD E. SHAFER, Plaintiff V. JOANNE R. LESCALL~ET, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 03-4203 CIVIl, TERM IN RE: TEMPORARY ORDER ORDER OF COURT AND NOW, this 29th day of August, 2003, hearing, effect until conciliation and/or 1. The parties 'their children, Travis E. Sharer, E. Sharer, date of birth, June 6, after we enter the following temporary order that will be in full hearing before this Court: shall share legal custody of date of birth 3/24/92, and Troy 1990. 2. Mother shall have primary physical custody of the children subject ~o periods of partial physical custody with father as agreed upon by the parties. 3. The children are not to be within 100 feet of Frederick Lescalleet, II, under any circumstances whatsoever. If this provision of the order is violated, this matter is to be brought before this Court immediately. Robert J. Mulderig, Esquire 28 South Pitt Street Carlisle~ PA 17013 For the Plaintiff EXHIBIT B John A. Abom, Esquire 8 South Hanover Street Suite 204 Carlisle, PA 17013 he Defendant :mae CERTIFICATE OF SERVICE I, John A. Aborn, Esqu/re, hereby certify that I did serve a true and correct copy of the foregoing Petition to Modify Protection from Abuse Order upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, addressed as follows: Rominger and Bayley Mark Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney tot Frederick Lescalleet Turo Law Offices Robert Mulderig, Esquire 28 S. Pitt Street Carlisle, PA 17013 Attorney for Todd Shafer Joanne R. Lescalleet, Plaintiff Frederick L. Lescalleet, lI Defendant Todd E. Sharer, Plaintiff go Joarme R. Lescalleet, Defendant : IN THE COOnYr OF COMMON PLEAS : CLrMBERLAND COUNTY, PENNSYLVANIA : : NO: 02-4296 : : CIVIL ACTION[ - LAW : IN THE COLrRT OF COMMON PLE~;, : CLrMBERLAND COUNTY, PENNSY~q~ : NO. 03-4203 CIVIL TERM : CIVIL ACTION'- CUSTODY PLAINTIFF TODD E. SHAFER'S ANSWER TO PETITION TO MODIFY PROTECTION FROM ABUSE ORDER AND ORDER OF COURT AND NOW comes the Plaintiff, Todd E. Shafer, by and through his counsel Robert J. Mulderig, Esquire and files an Answer to the Petition to Modify Protection From Abuse Order and Order of Court. 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is admitted that the Plaintiffs requests change for the reason stated, however it is denied that this change would 'be in the best interest of the children. 5. Admitted. 6. The plaintiffhas no information in which to form a response to this allegation will admit it based counsel averment. 7. Admitted. 8. Admitted. 9. Admitted. NEW MATTER 10. Answers to paragraphs 1-9 are incorporated herein as it is written out in their entirety. 11. The defendant Frederick L. Liscalleet, 13[ is a drag and alcohol abuser. 12. The defendant Frederick L. Liscalleet, 11 has used drags in the children's presence and they have gotten high from secondary smoke. 13. The defendant Frederick L. Liscalleet, ri when high or drunk has become violent. 14. The children have expressed to the Plaintiff their fear of their stepfather Frederick L. Liscalleet, II. 15. On August 20, 2003 in violation of the PFA the defendant Frederick L. Liscalleet, II moved back into the mother's home. 16. The children sought refuge with their grandmother because of the fear of their stepfather. 17. The children contacted the plaintiff from their grandmother's home and asked to come say with him because of the stepfather being in the home. 18. Based on the danger to the children from the stepfather and their fear of their stepfather Plaintiff filed a Custody Complaint which is scheduled for a Conciliation Conference on September 25, 2003 before ttubert X. Gikoy, Esquire. 19. Plaintiff filed a Petition for Emergency Relief to separate the children from the dangerous situation with their stepfather until the Conciliation Conference. 20. On August 29, 2003 heating the court returned the children to the care and custody of their mother subject to the condition "that the children are not to be within 100 feet ot Frederick L. Lescalleet, 1/ under any circumstances whatsoever" The mothe~ maintained at the hearing that Frederick L. Lescallett was no longer living at het residence. 21. At the hearing it was agreed that the mother would pick up the children at plaintiff's home that evening August 29, 2003. 22. The mother did not pick up the children that evening. 23. On August 30, 2003 the children called their mother at her residence. 24. Frederick L. Lescalleet, 1I answered the phone call. 25. On August 30, 2003 Plaintiff drove the children to their mother's home. 26. He did not leave them there because Frederick L. Lescalleet, II was at the home. 27. On September 1, 2003 plaintiff took the children to their grandmother's house with the understanding that their mother would trick them up there. 28. The mother did not pick them up at their grandmothers and they returned to their father's home. 29. On Tuesday September 2, 2003 plaintiff contacted the mother and informed her that he was driving the children to their school and that did she want them to take the bus home after school. Mother stated that she wished for him to pick them up and keep the children with him for the time period. 30. For the next week the children remained with the father with unclear statement from the mother of when she was picking up the children. 31. She stated that Frederick L. Lascalleet, II has contempt hearing on September 9, 2003 at which time if he went to jail she would pi[ok up the children. 32. Frederick L. Lascalleet, II did not show up for his contempt hearing on September 9, 2003 33. As of today September 11, 2003 the children are still residing with their father. 34. The children have expressed to their £ather that they wish to continue to live with him. WHEREFORE, the plaintiff request the court to deny the Petition to Modif~ Protection the Order of court docketed at 03-4203 to allow the children within the presence of Frederick L. Lescalleet, 1I and furthermore request that the court modify the Order to put the children in their father is custody until the Conciliation Conference on September 25, 2003 to have the order reflect the current reality of the situation. Respectfully Submitted, obert J~/lulderig Turo Law Office 28 South Pitt Street Carhsle, PA 17013 VERIFICATION I verify that the statements made in the foregoing Plaintiff Todd E. Shafer's Answer to the Petition to Modify Protection From Abuse Order and Order of Court are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date , Todd E. Shafer CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Plaintiff, Todd E. Shafer's Answer To Petition To Modify Protection From Abuse Order and Order of Court upon John A. Aborn, Esquire, and Mark Bayley, Esquire by depositing same in the United States Mail, first class, postage pre-paid on the ? ~7 day of ~-e ~'~7~7~--~ , 2003, from Carlisle, Pennsylvania, addressed as follows: John A. Abom, Esquire Aborn & Kutulakis 8 South Hanover Street Suite 204 Carlisle, PA 17013 Attomey for Joanne R. Lescalleet Mark Bayley, Esquire Law of Rominger & Bayley 155 South Hanover Street Carlisle, PA 17013 Attorney for Frederick L. Lescalleet, II TURO LAW OFFICES Robert J.~l~Jl~lerig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245.-9688 Attorney for Plaintiff JOANNE R. LESCALLEET, Plaintiff FREDERICK L. LESCALLEET, II Defendant IN THE CCURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4296 CIVIL TERM CHARGE: INDIRECT CRIMINAL CONTEMPT TODD E. SHAFER, Plaintiff JOANNE R. LESCALLEET, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4203 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of September, order appointing Lisa Greason, Esquire, the children is amended to provide that at No. 4296 Civil of 2002 and not at No. 4203 Civil By the Edward E. Guido, J. 2003, the as guardian ad litem for the appointment is only 2003. John A. Abom, Esquire For Joanne R. Lescalleet Mark F. Bayley, Esquire For Frederick L. Lescalleet, Lisa M. Greason, Esquire Guardian ad litem for Children Robert J. Mulderig, Esquire For Todd E. Shafer srs Office of the c ey Office of the e II OCT [j 3 Z{}~}3 ~; TODD E. SHAFER, Plaintiff JOANNE R. LESCALLEET, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 2003 - 4203 CIVIL : IN CUSTODY COURT ORDER AND NOW, this '~l~day of 0 ~ __~, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's Order of August 29, 2003 is vacated. The Father, Todd E. Shafer, and the Mother, Joanne R. Lescalleet, shall enjoy shared legal custody of Troy E. Shafer, born June 6, 1990; and Travis E. Shafer, born March 24, 1992. Father shall enjoy primary physical custody of the minor children. Mother shall enjoy periods of temporary physical custody of the minor children at such times and under such circumstances as agreed to by the parties. The children are not to be within 100 feet of Frederick Lescalleet, II under any circumstances whatsoever. This is a temporary order recognizing that there has been some ongoing litigation with respect to Protection From Abuse Orders involving the children, Mother's current husband Mr. Lescalleet and the Mother. In light of those circumstances and upon Mother retaining legal counsel and desiring to modify this order, legal counsel for the mother may contact the conciliator directly to schedule another custody conciliation conference in an expedited fashion. CC: ~obert J. Mulderig, Esquire ~J~hn A. Aborn, Esquire t/l'oanne R. Lescalleet x~ P.O. Box 174 Walnut Bottom, PA 17266 Edward E. TODD E. SHAFER, Plaintiff V JOANNE R. LESCALLEET, Defendant Prior Judge: Edward E. Guido : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003- 4203 CIVIL : 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 children who are the subject of this litigation is as follows: Troy E. Shafer, born June 6, 1990; and Travis E. Shafer, born March 24, 1992. 2. A Conciliation Conference was held on September 25, 2003, with the following individuals in attendance: The Father, Todd E. Shafer, with his counsel, Robert J. Mulderig, Esquire; and the Mother, Joanne R. Lescalleet, who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached. · Gll~.at~,oEr sqmre Custody Co~l/'ato