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Home My WebLink About03-5814 HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants NO. 0 3-5JlrCIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiffs, Howard G. Moody and Francine B. Moody, by their attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiffs, Howard G. Moody and Francine B. Moody, are adult individuals residing at 141 East Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Lisa Marie Sheaffer, an adult individual with an address of 504 Cherry Street, Carlisle, Cumberland Couuty, Pennsylvania 17013. 3. The Defendant is Ralph Sheaffer, an adult individual who is currently incarcerated in the Cumberland Couuty Prison, Carlisle, Cumberland Couuty, Pennsylvania. 3 4. The Defendants are the natural parents of two (2) children, namely, Matthew Stephan Sheaffer, born November 22, 1998, and Alicia Janae Sheaffer, born October 23, 1998. s. The Plaintiffs seek custody of the following children: Name Present Address Date of Birth Age Matthew Stephan Sheaffer 141 East Hillcrest Drive 11/22/93 10 yrs. Carlisle, PA 17013 Alicia Janae Sheaffer 141 East Hillcrest Drive 10/23/98 5 yrs. Carlisle, P A 17013 The children are presently in the custody of the Plaintiffs, maternal grandparents, Howard G. Moody and Francine B. Moody, 141 East Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania. 6. The Plaintiffs desire that the all parties have shared legal custody of said minor children. 7. The Plaintiffs desire primary physical custody of said minor children with periods of temporary physical custody to the Defendants as the parties agree is in the best interest of said children. 4 8. The best interests and permanent welfare ofthe minor children require that the Court grant the Plaintiffs' request as set forth above. WHEREFORE, Howard G. Moody and Francine B. Moody, respectfully requests that they be awarded primary physical custody and shared legal custody of Matthew Stephan Sheaffer and Alicia Janae Sheaffer as provided herein, with periods of temporary physical custody to Defendants as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: Date: October 30, 2003 5 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to uusworn falsification to authorities. ~~o~ Date: C9~ 3 0:;, ~3 6 p ~ ~ () C':l c: c.:; c) " -f-' ~ \..) F -oi """ 8 -. ~ rr;j; ,:5 4' .': -c. Zr- - ~ ch:' "'" ~ .,-- , ", ... .-: .; (~? --- ~, -~.) "- 'j'.: -=ti '" L ' ,_-0-' ~ ~"~'-' r:--? , -) ",I n , .....::1 , :.11 J... -, (D ~ -< HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER. Defendants NO. Sit4 CIVIL TERM IN CUSTODY CUSTODY STIPULATION AND NOW, this 3rd day of November, 2003, the parties, HOWARD G. MOODY and FRANCINE B. MOODY, hereby enter into the following Custody Stipulation and Agreement regarding the minor children, MATTHEW STEPHAN SHEAFFER and ALICIA JANAE SHEAFFER: 1. The Plaintiffs, Howard G. Moody and Francine B. Moody, are adult individuals who reside at 141 East Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Lisa M. Sheaffer, is an adult individual who resides at 504 Cherry Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant, Ralph Sheaffer, is an adult individual who is currently incarcerated in the Cumberland County Prison, Carlisle, Pennsylvania. 2 4. The Defendants are the natural parents of two (2) children, namely, Matthew Stephan Sheaffer, born November 22, 1993, and Alicia Janae Sheaffer, born October 23, 1998. S. The Plaintiffs are the maternal grandparents of said minor children. 6. The Plaintiffs and Defendants agree to have shared legal custody of said minor children. 7. The Plaintiffs shall have primary physical custody of said minor children. 8. The Defendants shall have temporary physical custody at times as agreed upon by the parties. 9. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medial emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 10. The parties shall not do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or hamper the free and natural development of the children's love and affection for the other parties. 3 11. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the children. However, if the parties carmot reach a mutual agreement, the terms of this Stipulation and Order shall control. 12. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 13. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland Couuty does, in fact, have jurisdiction over the issue of custody of the minor children who have resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 14. The parties acknowledge that they have read and uuderstand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 4 15. Each party has had an opportuuity to consult independent legal couusel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bouud by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: ~i&oM (SEAL) ~4,~ FRANCINE B. MOODY' . / (SEAL) ~ m.~.J'//'A LISA M. SHEAFmR- (SEAL) tkf~ (SEAL) 5 0 <. , () c c.,] < "T) c: , 2 ,:1, no I -..... ~/~ r:::.: ') , :i:; ", ( ::i.: ,.." 'z C) );. ~~~ :"? , ,"t .; ',,- ~ :.:> :\J '.0) -< ~ ~OV u 5 2003 : IN THE COURT OF COMMON PLEAS OF o HOWARD G. MOODY and FRANCINE B. MOqDY, Plaintiffs v : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO.03-511~CIVIL TERM LISA MARIE SHE~FFER and RALPH SHEAFFE , Defen ants IN CUSTODY ORDER OF COURT AND NOW, .his ~ of ~3, upon presentation and consideration of the attached Cust04y Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order 011 Court. BYC~ f J. , Lisa Marie Sheaffer Defendant Ralph Sheaffer \ Defendant / Marcus A. MCKnight,[ ill, Esq. Attorney for Plaintiff ta~ ~~ //,~'l,/)3 C)- , VJ/"VI\~,{SN/V3d A1NnV) (IAr;lr:;8!~ino a :0/ HV I - /lU"',\J ('0 "- '." '"" ~JO HOWARD G. MOODY and : IN THE COURT OF COMMON PLEAS OF FRANCINE B. MOODY, PlaintiffsIPetitioners : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION _ LAW LISA MARIE SHEAFFER and NO. 03-5814 CIVIL TERM RALPH SHEAFFER, DefendantsJRespondents IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Petitioners, Howard G. Moody and Francine B. Moody, by their attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Plaintiffs, Howard G. Moody and Francine B. Moody, are adult individuals residing at 141 East Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendants are Lisa Marie Sheaffer and Ralph Sheaffer, adult individuals with an address of 504 Cherry Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendants are the natural parents of two (2) children, namely, Matthew Stephan Sheaffer, born November 22, 1998, and Alicia Janae Sheaffer, born October 23,1998. 4. The parties are currently governed by a custody Order of Court dated November 6, 2003, a copy of which is attached hereto and marked as Exhibit "A". s. The Plaintiffs seek primary physical custody of the minor children, Matthew Stephan Sheaffer and Alicia J anae Sheaffer with joint legal custody and periods of temporary custody to Respondents as agreed upon by the parties. 7. The best interests and permanent welfare of the minor children requires that the Court grant the Petitioners' request as set forth above. WHEREFORE, Petitioners, Howard G. Moody and Francine B. Moody, respectfully requests that they be awarded primary physical custody and shared legal custody of the minor children, Matthew Stephan Sheaffer and Alicia Janae Sheaffer, as provided herein, with periods of temporary custody to Respondents. Respectfully submitted, By: Date: January 27,2005 EXHIBIT "A" HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs : IN THE COURT OF COMMON PLEAS </WIN 0 5 Z003 v : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO.~o .~H CIVIL TERM LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants IN CUSTODY ORDER OF COURT AND NOW, this ~ day OfYllHJ.U,,~to._ 2003, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. By the Court, is/ f;lr, ;3 13';7 Lisa Marie Sheaffer Defendant Ralph Sheaffer Defendant !RYE COPY FROM RECOfiO In 'I}S",\r:'l'i'ni l'-h:r&r.:'),.,; / t: : ..., ''', 'd.", ''''', .erlllUlto s<~i I'(lV I" 1:1' a'l"l'd ~I'",,~ .-, ".,' ( . ' ) It:...... ":, '''" .,;),,1 D, said Cool1 at C;uti~J. ~ rh!s 1'; "tg- ;....., ...". . ()~:, at ~~~~;:" ~ : Frotl)o/1otari/ Marcus A. McKnight, IlL Esq. Attorney for Plaintiff HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants NO. CIVIL TERM (') '~~.; -;)i"T'" Cl'.1 ~, () IN CUSTODY d) CUSTODY STIPULATION L f:; C~ ...: I _I ~:.>"' AND NOW, this 3rd day of November, 2003, the parties, HOWARD G. MOODY and -< ::> '.0 FRANCINE B. MOODY, hereby enter into the following Custody Stipulation and Agreement regarding the minor children, MATTHEW STEPHAN SHEAFFER and ALICIA JANAE SHEAFFER: 1. The Plaintiffs, Howard G. Moody and Francine B. Moody, are adult individuals who reside at 141 East Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Lisa M. Sheaffer, is an adult individual who resides at 504 Cherry Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant, Ralph Sheaffer, is an adult individual who is currently incarcerated in the Cumberland County Prison, Carlisle, Pennsylvania. 2 4. The Defendants are the natural parents of two (2) children, namely, Matthew Stephan Sheaffer, born November 22, 1993, and Alicia Janae Sheaffer, born October 23, 1998. S. The Plaintiffs are the maternal grandparents of said minor children. 6. The Plaintiffs and Defendants agree to have shared legal custody of said minor children. 7. The Plaintiffs shall have primary physical custody of said minor children. 8. The Defendants shall have temporary physical custody at times as agreed upon by the parties. 9. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medial emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 10. The parties shall not do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or hamper the free and natural development of the children's love and affection for the other parties. 3 11. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the children. However, if the parties carrnot reach a mutual agreement, the terms of this Stipulation and Order shall control. 12. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 13. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland Couuty, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the minor children who have resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 4 15. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: (SEAL) d--, x ',->,,1, C.. ~.1"t'jo1.-"''''71.-<:''/ 1:7, v?lot"dL7 FRANCINE B. MOODY ,;7 (SEAL) -'~:V6' ?J1-<d"iLc LISA M. SHEAFFER ~'~ /"l..r1 . . ..~ - RALPH SHEA . ER (SEAL) (SEAL) 5 VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by couusel and us in the preparation of this action. We have head the statements made in this document and they are true and correct to the best of our knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. 4h~~ HOWARD G. MOODY c?<~/J( r~ FRANCINE B. MOODY Date: January 27,2005 ......, ~ C;~;:) c> l iv\ ~:;~~) --0 <:;,.1"'1 ~ '-- :? ~ -" ::lJ - r. 'f-- ~. ~ f'..) -r,en ~ :,,:j\~1 0:) C) ("-1 ~ -r! -~t'. ~ \ -0 ",'.::"--1'1 -~~ ( ) ."-~ ~). C) 0! "- 1'-' ~~~ P1 ).". I ~ r" :!J U) ." ~ HOWARD G. MOODY AND FRANCINE B. MOODY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN1A v. 03-5814 CIVIL ACTION LAW LISA MARIE SHEAFFER AND RALPH SHEAFFER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, February 02, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4tb Floor, Cumberland County Conrthouse, Carlisle on Friday, February 25, 2005 , the conciliator, at 10:30 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 heard by the court, and to enter into a temporary order. All children age live or older mav also be present at the conference. Fa; lure to appear at the conference may provide grounds for entry of a temporary or pennanent 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 hearinl(. FOR THE COURT, By: Isl Hubert X Gilrov, l~"-_Y _ 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 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 . .-U- .", ~ ~~t.hJ Jl ct ''0'' ~'b1~~ )life ~ fpr'f!':" U<J, f'J '/l e f ()t. ."'" 0'( 'V .., <1"1.:\ -,no'''' /- ,..,.,' \::'''.'j V ",.... ..We;\,.> HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY PENNSYL VANIA v. :CIVIL ACTION-LA W LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants :NO. 03-5814 CIVIL TERM :IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Defendants, Lisa Marie Sheaffer and Ralph Sheaffer, in the above captioned matter. February 8, 2005 ~?;C~ ~ ! BRE A COPPEDE Certified Legal Intern for Defendants ~ '1--1 HNSTON- A ANNE MACDONAL - OX Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 7013 (717)243-2968 :::1 :'"'-"( l G;") J'.,) h.> HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY PENNSYL VANIA v. :CIVIL ACTION-LA W LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants :NO. 03-5814 CIVIL TERM :IN CUSTODY CERTIFICATE OF SERVICE I, Brenda Coppede, hereby certify that I am serving a true and correct copy of the foregoing praecipe to enter appearance on the following person, counsel for plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this 8th day of February, 2005: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, P A 17013-3222 //, wd &~~ NDA COPPEDE' . Certified Legal Intern for Defendants THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 ----- ,.,\' ..\ I (;') ." ~. l>~ - D. HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs, Respondents :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY PENNSYLVANIA v. :CIVIL ACTION-LA W LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants, Petitioners :NO. 03-5814 CIVIL TERM :IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Lisa Marie Sheaffer and Ralph Sheaffer, the Defendants/Petitioners, to proceed in forma pauperis. I, Brenda Coppede, of the Family Law Clinic, Certified Legal Intern, for the parties proceeding in forma pauperis, certify that I believe the parties are unable to pay the costs and that I am providing free legal service to the parties. Date: 211%18~ '~nd. ~ Arenda Copped' ~ . Certified Legal Intern Robert ns LU\;y Jo ston- Walsh Anne MacDonald-Fox Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 - HOWARDG. MOODY and FRANCINE B. MOODY, Plaintiffs, Respondents :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY PENNSYLVANIA v. :CIVIL ACTION-LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants, Petitioners :NO. 03-5814 CIVIL TERM :IN CUSTODY PETITION TO VACATE, OR, IN THE ALTERNATIVE, MODIFY CUSTODY ORDER 1. The petition of Lisa Marie and Ralph Sheaffer, by their attorneys, the Family Law Clinic, respectfully represents that on November 6, 2003, an Order of Court was entered for custody of Matthew Stephan Sheaffer, age 11, and Alicia Janae Sheaffer, age 6, a true and correct copy of which is attached. Under the existing Order, the maternal grandparents, Howard and Francine Moody, have primary physical custody of the children. They have shared legal custody of the children with parents Lisa and Ralph Sheaffer. 2. This Order should be vacated or modified because: a. When the Order was entered, Ralph Sheaffer (Father) was incarcerated, and Lisa Sheaffer (Mother) recognized that she needed time to get treatment for herself and entered into what she thought was a six month agreement with her parents to take care of the children for her. b. After six months, in May 2004, Howard G. Moody and Francine B. Moody (Grandparents) returned the children to Mother. c. Mother has had primary physical custody of the children since May 2004. d. In September 2004, Mother and Father reconciled and have been living together since then, exercising primary physical custody of the children together. e. Mother and Father live in the children's school district, while Grandparents do not. The children are doing well in school. f. The situation which gave rise to the Court's Order of November 6, 2003, no longer exists, and that Order no longer reflects the status quo. 3. On February 16,2005, as per C.C. R. P. 206-2, concurrence was sought from opposing counsel, Marcus McKnight, Esq. He does not concur. WHEREFORE, Petitioners request that the Court vacate the existing Order. In the alternative, petitioners request that the Court modify the existing Order and grant Lisa and Ralph Sheaffer physical and legal custody, subject to reasonable visitation by the grandparents Howard and Francine Moody, because it will be in the best interests of the children. Date: c2 /5 /~j I I ~rd. (:f;rA , renda Coppe Certified Legal Intern Robert E. illS Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 Phone:717-243-2968 Fax:7I7-243-3639 Couusel for Defendants VERIFICATION We verify that the statements made in the foregoing Petition to Vacate, or In The Alternative, Modify Custody Order are true and correct. We uuderstand that false statements herein are subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: .1/15/05 :,(;,,;, /77.,"; .Mull-/) J Lisa Marie Sheaffer ' Date: d,do.),- HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs, Respondents :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY PENNSYLVANIA v. :CIVIL ACTION-LA W LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants, Petitioners :NO. 03-5814 CIVIL TERM :IN CUSTODY CERTIFICATE OF SERVICE I, Brenda Coppede, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 16th day of February, 2005: Marcus A. McKnight, 1lI, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, P A 17013-3222 b1:ed~ Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs, Respondents :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY PENNSYLVANIA v. :CIVIL ACTION-LA W LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants, Petitioners :NO. 03-58]4 CIVIL TERM :IN CUSTODY CERTIFICATE OF SERVICE I, Brenda Coppede, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 16th day of February, 2005: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 ~~~ renda Coppede Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 . HOWARD G. MOODY AND FRANCINE B. MOODY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v 03-5814 CIVIL ACTION LAW LISA MARIE SHEAFFER AND RALPH SHEAFFER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 24, 2o.11.~..__, 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 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 17, 21l.0.~_........ 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 Olav also be present at the conference. Failure to appear at the conference may provide grounds [,)1' 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:.J;L, Hubert X Gilro.x....Esq. Custody Conciliator -1/ 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 Ii,cilities and reasonable accommodations available to disabled individuals having business before the court, please contact our omce. 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 HA VE AN A TTORNEY 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 .~~~.~ ---~/~ ' ~y- , , ? .)0,->'('.(" ~/wp '2 ~>P ~~ J2J.S'r::. p . 7 ;:I {L.~ 4tW 'Jl1} ,9/ 5C, e , (! 1 YJU! If. HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants NO. 2003 - 5814 IN CUSTODY COURT ORDER AND NOW, this ~ay of March, 2005, upon consideration of the attached Custody Conciliation report, the prior order of November 6, 2003 is vacated and replaced with the following order: 1. The mother, Lisa Marie Scheaffer, and the father, Ralph Sheaffer, shall enjoy legal and physical custody of Matthew Stephan Scheaffer, born November 22, 1993 and Alicia Janae Sheaffer, born October 23, 1998. 2. The maternal grandparents, Howard G. Moody and Francine B. Moody, shall enjoy periods of temporary physical custody with the minor children as follows: a. On alternating weekends from Friday at 5:00 p.m. until Sunday at 6:00 p.m. b. On one evening a week being the weekend after the parents have custody on the weekend with the children, the time to be from after school until 6:00 p.m. Unless agreed otherwise by the parties, the day shall be Wednesday night. c. At such other times as the parties agree. 3. The maternal grandparents shall enjoy reasonable telephone contact with the minor children when the children are in the custody of the parents. 4. This order is a temporary order. Legal counsel for the parties may contact the Conciliator after 60 days in the event this order is not satisfactory to either party, at which time the Conciliator will schedule a telephone conference call /1------- /----- o~, / / with the attorneys. Judge -, cc: "Marcus A. McKnight, III, Esquire Arenda Coppede, Student Attorney (:~ .~ ~'~ .,;;;.:.. c....l \ c<'~ ;d- -:;;:. \.[?, (..,-", 'Z.::. v- o ?::"- , ~';,'~ HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants NO. 2003 - 5814 IN CUSTODY Prior Judge: Edgar B. Bayley 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: Matthew Stephan Sheaffer, born November 22, 1993 and Alicia Janae Sheaffer, born October 23, 1998. 2. A Conciliation Conference was held on February 25, 2005, with the following individuals in attendance: The maternal grandparents, Howard G. Moody and Francine B. Moody, with their counsel, Marcus McKnight, and the parents, Lisa Marie Sheaffer and Ralph Sheaffer, with their student attorney, Brenda Coppede. 3. The parties agree to the entry of an order in the form as attached. ;J, d f, - 6S" DATE RECEIVED JUN 02 2llllS ::JI HOWARD G. MOODY and FRANCINE B. MOODY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendant NO. 2003-5814 IN CUSTODY COURT ORDER AND NOW, this '11:>> day of jl.L/llD ,2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 15tJ.. day of ,\\A.flI-I. ,2005 at Joo -{L.m. At this hearing, the maternal grandparents shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall fde with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be fded at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of March 2, 2005 shall remain in effect. cc~arcus A. McKnight, llI, Esquire )Jrenda Coppede, Certified Legal Intern Family Law Clinic / ;09 o \,{O'v FILED-OfFfCE OF THE PPOTrlONJTAHY 2005 JUN -7 AH 10: 29 CU~;J";,~~;:::) I_LI~; \"'/'d j'\rTY ,v,...-'_. '.., ",l,.., ....".....i' ['>1.( f)ENNSYLVAf",JU\ , , HOWARD G. MOODY and FRANCINE B. MOODY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendant NO. 2003-5814 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 Conciliator conducted a telephone conference with the attorneys for the parties. There are a number of issues including the grandparents' request for additional time with the minor children and some rights relative to having the ability to have certain telephone contact with the children and take the children to dental appointments. The parties were unable to reach an agreement, and a hearing is required. The Conciliator recommends an Order in the form as attached. -- .t v 3(- oS- DATE {/)tr b OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013-3387 (717) 240-6196 FAX (717) 240-6573 TO: FAX#: N""'r Lp.w u..c( $h^S()f)-W",/f~ FROM: Cumberland County Prothonotary Office RE: 0'3 - IJ8IL/ c,,:/ L2 /l f (J{, J.r /4codl/ 1/5 j/1Julf'v MESSAGE: J uc<ylet; LO<..<.r {P( /' No. of pages (inclnding cover sheet) This message is intended for the use of the individual or entity to which it is addressed, and it may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error please notify us immediately by telephone and return the original message to us at the above address via the U.S. postal service. Thank you. NOTE: IF YOU DO NOT RECEIVE ALL THE PAGES, OR ANY PAGES ARE UNCLEAR, PLEASE CALL (717) 240-6195 AS SOON AS POSSIBLE AND ASK FOR THE SENDER. ---- . TRANSMISSION VERIFICATION REPORT TIME : 05/07/2005 15:35 NAME : PROTHONOTARY C LONG FAX: 7172405573 TEL : SER.# : BROH3J505381 DATE,TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 05/07 15: 33 92433539 00: 01: 25 03 OK STANDARD ECM OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013M3387 (717) 240-6196 FAX (717) 240-6573 rl~:;~~>.-' ;1:: ~ ]'; -' .',' ..1 !.l:~,ll,lr' .J",J";,I':'" ,~... ~:::J'" ,," t'v"''' "I;:;;:OJ~ " . "'ilr'Li;jb"!r",;"~~'N~ "'I" ," ,'~1III!?1",,"" ,,'I!lI"" ~, r; '" ,,:':"" :;!:'~.~~':,.,~,.:',:i~~' '.~,;~,~.,,:..: ;,r:::,~, :ii;:,~..;."~rlri"~ . ',';' J~~l~1 TO: FAX #: FROM: Cumberland County Prothonotary Office RE: 03,1;81'1 e,,,,'/ MESSAGE: :/ &j/ey j {'owl cJrh ~,,",lr LAw G...C'y .$"h^So(J~W",(r~ ,,1tcody 1/$ SklJlJ'v --- HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY PENNSYL VANIA v. :CIVIL ACTION-LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants :NO. 03-5814 CIVIL TERM :IN CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: PLEASE withdraw the appearance of the Family Law Clinic as attorney of record for the Defendants, Lisa and Ralph Sheaffer, at the above-captioned docket. Respectfully submitted by, Date:~~OO5 ~~-ftfN~ THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys ~d. (W~~ "./. ~'''J I. ,/J? / 7.. //:/---c-. , I BRENDA COPPEDE Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 PLEASE enter my appearance as attorney of record on behalf of the Defendants, Lisa and Ralph Sheaffer, at the above-captioned docket. Date:C,f?/j6 ~~. Ja e Adams, Esquire South Pitt Street Carlisle, P A 17013 (717) 245-8508 r;:; (~:. 'z;", '~i:, :2 c...-: ~ ~ .--\ -f\ 7f,e . .~\!\ -'\) '-I (~} S; ~r' ..-;: -a. - f'oo' - cP ..-0 :>- ------ HOWARD G. MOODY AND FRANCINE B. MOODY, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA MARIE SHEAFFER AND RALPH SHEAFFER, DEFENDANTS 03-5814 CIVIL TERM AND NOW, this ORDER OF COURT lb day of June, 2005, IT IS ORDERED that the following provisions are added to the custody order of March 2, 2005: (1) During the summer school vacation period, Paragraph 2(b) of the order of March 2, 2005, is expanded to provide that Matthew and Alicia shall be with their grandparents on the alternate Wednesday from noon until 10:00 a.m. on Thursday. (2) The grandparents may telephone the children every third day and the parents shall have the children take the calls if they are present, return the calls that day if they are not present, or return the calls upon returning home if there is a voice message. (3) The request of the grandparents to continuing providing dental care to the children IS DENIED based on the mother's willingness t~ yndert~ that responsibility. By the Court, 1/ C..~ J, Edgar B~y~:r. - '. Marcus A. McKnight, III, Esquire For Howard G. Moody and Francine B. Moody Jane Adams, Esquire For Lisa Marie Sheaffer .~ :~. (, .J/;.b~ C)-. J,~;\J-!-Jd AlJ\lI:C- ", ":;;/inO S S :8 tiel 91 f!f1f ~oaz ; UiVi ,""!':'"'J" '".',1 ;:Iii.!.' .'0 nLj,_,-,I't,-,\ I .....rWU....l :3 3~)i~:!C)-U31i:1 HOWARD G. MOODY and : IN THE COURT OF COMMON PLEAS OF FRANCINE B. MOODY, PlaintiffsJPetitioners : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LISA MARIE SHEAFFER and NO. 03-5814 CIVIL TERM RALPH SHEAFFER, DefendantsIRespondents IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Petitioners, Howard G. Moody and Francine B. Moody, by their attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Plaintiffs, Howard G. Moody and Francine B. Moody, are adult individuals residing at 141 East Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendants are Lisa Marie Sheaffer and Ralph Sheaffer, adult individuals with an address of 504 Cherry Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendants are the natural parents of two (2) children, namely, Matthew Stephan Sheaffer, born November 22, 1998, and Alicia Janae Sheaffer, born October 23, 1998. 4. The parties are currently governed by a custody Order of Court dated June 16,2005, a copy of which is attached hereto and marked as Exhibit "A". s. The Plaintiffs have taken the children to church at the First Church of the Brethren during their periods of custody since 1995. Without reason or warning, the Defendants have objected to the children attending the First Church of the Brethren or any other church during the times the Plaintiffs have physical custody of the children. A copy of a note dated August 5, 2005, from the Defendant, Lisa Sheaffer, is attached hereto and marked as Exhibit "B". 6. On August 7,2005, the Defendant, Lisa Sheaffer, came to the Plaintiffs' church with the express intent of removing the children. The children are now afraid to attend church for fear that the Defendants will punish them when they return to the Defendants' custody. 7. The Defendants have refused to honor the Court Order of June 16,2005, issued by Judge Edgar B. Bayley. Specifically, on only four (4) occasions have the children been able to speak freely by telephone with the Plaintiffs. At all other times, the Defendants state that the children do not want to speak with the Plaintiffs or they simply refuse to answer the telephone. 8. Despite the Order of Court of June 16, 2005, the Ddendants have failed to take the children to the dentist. School is now beginning and the children should be examined. Their last dental appointment was over one year ago. The Plaintiffs are still willing to take the children to the dentist and pay for their appointments. 9. The Plaintiffs seek physical custody on alternate Mondays following the weekends the Defendants have custody from after school until 7:00 p.m. on Monday evenings in addition to alternate Wednesdays and alternative weekends. The previous Order of Court dated March 2, 2005, is attached hereto and marked as Exhibit "C". 10. The Plaintiffs seek an Order of Court as follows: 1. Order permitting them to take the children to church when they have custody on Sundays; 2. Telephone calls with the children as set forth in the Order of Court dated June 16, 2005, without interference of the Defendants; and 3. Temporary custody on alternate Mondays following the weekends with the Defendants from after school to 7:00 p.m. 11. The best interests and permanent welfare of the minor children requires that the Court grant the Petitioners' request as set forth above. WHEREFORE, Petitioners, Howard G. Moody and Francine B. Moody, respectfully requests that they be awarded custody of the minor children, Matthew Stephan Sheaffer and Alicia Janae Sheaffer, as provided herein. Respectfully ilubmitted, IRWIN & MeKNIGHT Mareu A. Me t, I Attorn y for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 By: Date: August 19,2005 HOWARD G. MOODY AND FRANCINE B. MOODY, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA MARIE SHEAFFER AND RALPH SHEAFFER, DEFENDANTS 03-5814 CIVIL TERM AND NOW, this ORDER OF COURT l ~ day of June, 2005, IT IS ORDERED that the following provisions are added to the custody order of March 2, 2005: (1) During the summer school vacation period, Paragraph 2(b) of the order of March 2, 2005, is expanded to provide that Matthew and Alicia shall be with their grandparents on the alternate Wednesday from noon until 10:00 a.m. on Thursday. (2) The grandparents may telephone the children every third day and the parents shall have the children take the calls if they are present, return the calls that day if they are not present, or return the calls upon returnin~1 home if there is a voice message. (3) The request of the grandparents to continuing providing dental care to the children IS DENIED based on the mother's Willingness/I:~l.m7 that responsibility. By theCourt, // // ,1/1 '11 J;; !~~&l I..... _--<: Edgar B. ayley, J. ~ \ Marcus A. McKnight, III, Esquire For Howard G. Moody and Francine B. Moody Jane Adams, Esquire For Lisa Marie Sheaffer :sal rp't~~ C()r~~:~~/ F<: "..J' In TlIt:otJloony wiMlfOO!. II,Of;, ti".:) Y;: 1;1Y .' ilnd Ille ~ of said ~. at r...-.:~, P,l. This /71;:! t I{:: i:,~ A~- .. , I . "'Olt'C1I1t!IIt'\I g q .. 1l) + ~ J d i - < .. j i ~.J. 2 T ~ ' d 1; .... ~ +: ~ : ! - "'ti Jl .. 0 E P. : o % i fl ct ~ -l '~" " l) 1 7fiijrJ HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants NO. 2003,- 5814 IN CUSTOI>Y COURT ORDER AND NOW, this J..ni day of March, 2005, upon consideration of the attached Custody Conciliation report, the prior order of November 6, 2003 is vacated and replaced with the following order: 1. The mother, Lisa Marie Scheaffer, and the father, Ralph Sheaffer, shall enjoy legal and physical custody of Matthew Stephan Scheaffer, born November 22, 1993 and Alicia Janae Sheaffer, born October 23, 1998. 2. The maternal grandparents, Howard G. Moody and Francine B. Moody, shall enjoy periods of temporary physical cWitody with the minor children as follows: a. On alternating weekends from Friday at 5:00 p.m. until Sunday at 6:00 p.m. b. On one evening a week being the weekend after the parents have custody on the weekend with the children, the time to be from after school until 6:00 p.m. Unless agreed otherwise by the parties, the day shall be Wednesday night. c. At such other times as the parties agreE', 3. The maternal grandparents shall enjoy reasonable telephone contact with the minor children when the children are in tbe custody of the parents. 4. This order is a temporary order. Legal cO\llnsel for the parties may contact the Conciliator after 60 days in the event this order is not satisfactory to either party, at which time the Conciliator will schedule a telephone conference call with the attorneys. BY THE COURT, ll~ cc: Marcus A. McKnight, III, Esquire Brenda Coppede, Student Attorney '('/"/ ., , t',f"", ,~"",F.',r"'7f ,~<:"~ " .. i' ",j>' .....,'" ~.. i ". ", .. II'! T"-;';,',,, '1\J ~ t,._,......., -: .. , .. " .. ....), , ~\h'" ,,)', ' '"" "'. ',"'1 an 'hG :>001 of s.) d CGo' i'" ";,!i', . !","' ,.~ 1 i' .......(},..... ay f "ffi ~.~ .,. ,...L~..\.~.~ _' . . .., ............ . .... .." Prol' 1101~ry HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants NO. 2003 - 5814 IN CUSTOI>Y Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUlVIMARY 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: Matthew Stephan Sheaffer, born November 22, 1!193 and Alicia Janae Sheaffer, born October 23, 1998. 2. A Conciliation Conference was held on February 25, 2005, with the following individuals in attendance: The maternal grandparents, Howard G. Moody and Francine B. Moody, with their counsel, Marcus McKnight, and the parents, Lisa Marie Sheaffer and Ralph Sheaffer, with their student attorney, Brenda Coppede. 3. The parties agree to the entry of an order in the form as attached. ~ ' ;) ~ - D,) DATE t2/'? Hubert X. GUll" ,Esquire Custody Con . . tor VERIFICATION The foregoing document is based upon information which has been gathered by counsel and mrself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~f~~ FRANCINE B. MOODY H*~{~~ Date: AUGUST 19. 2005 HOWARD G. MOODY and : IN THE COURT OF COMMON PLEAS OF FRANCINE B. MOODY, PlaintiffslPetitioners : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW LISA MARIE SHEAFFER and NO. 2003-5814 CIVIL TERM RALPH SHEAFFER, Defendants/Respondents IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Jane Adams, Attorney at Law 64 South Pitt Street Carlisle, PA 17013 IRWIN & McKNIGHT By: ./,[g- Marcus . McKnight, [~Uire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court J.D. No. 25476 Date: August 19,2005 ~R? ~~ o d ~ ~ r;;;- ~ ....J c y> .. .. ~:.\\\ o (~'~ ~ r::;;:'~ eJ"' ';::\ .4 7~~ C:. C;) -- _0 Q.. --' :f--<:l \........f-- -0\:0. .....,U (;1~~~ . , ";;.~l Y C) -:1 cP ..c ~ <f. - HOWARD G. MOODY AND FRANCINE B. MOODY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5814 CIVIL ACTION LAW LISA MARIE SHEAFFER AND RALPH SHEAFFER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, AUl(ust 24, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 23, 2005 , the conciliator, at 8:30 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 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 pem1anent 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: Isl Hubert X. Gilroy, Esq. Custody Conciliator ,5' 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 -~ ~#~~~ -h'5t',~ '7:;:f ? ~ ~ ..RJ.5'e.~ ~.?w'.p ~ ~ #.6,; n 5(/l.,5'C'-tf II :11 Hd SZ :1n~ SOOZ ,i,o\ilOiJCi-LOUd :lHl :10 38J:J;!Q-C]311:l HOIWARD G. MOODY AND FRANCINE B. MOODY, : IN THE COUHT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondents : NO. 03 - SH14 CIVIL TERM v. LISA MARIE SHEAFFER AND RALPH SHEAFFER, Defendant/Petitioners : CIVIL ACTION - LAW : IN CUSTODY EMERGENCY PETITION FOR STAY OF CONCILIATOR'S RECOMMENDATION PENDING HEARING ON THE MERITS AND NOW comes Lisa M. Sheaffer and Ralph SheaJfer, natural mother and natural father of the subject children, by their attorney, Dirk E. Berry, Esquire, and respectfully aver as follows: I. That on March 2, 2005, an Order of Court was entered for Custody, a true and correct copy of which is attached. The Order was modified by an Order of Court dated June 16,2005, a true and correct copy of which is also attached. 2. Paragraph One (I) of the March 2, 2005 Order states in pertinent part that: "The mother, Lisa Marie Scheaffer (sic), and the father, Ralph Sheaffer, shall enjoy legal and physical custody of Mattbew Stephen Scheaffer (sic), born November 22,1993 and Alicia Janae Sheaffer, born October 23,1998." 3. Paragraph Two (2) of the March 2,2005 Order grants periods oftemporary physical custody only to the maternal, by adoption, non-biological grandparents, Howard G. Moody and Francine B. Moody. 4. A Conciliation Conference was held on Friday, September 23, 2005 before Hubert X. Gilroy, Esquire, as a result of Howard and Francine Moody's Petition to ModifY Custody filed August 19, 2005. 5. At the conciliation conference, the Conciliator stated his intention to recommend that the portion of the Moody's petition relating to forcing church attendance of their choice, against the natural parents wishes, be granted without hearing. 6. Both Natural Mother and Natural Father object to the loss oflegal custody that the Conciliator's recommendation entails. 7. Restricting the Natural Parents' Legal Custody rights without hearing is a violation of Pa.R.C.P. 1915.4-1, Pa.R.c.p. 1915.4-2, Pa.R.C.P. 1915.9 and Local Rule C.C.R.P.1915.3-8(b). 8. Granting a third-party request to control even a part of a child's religious upbringing, over the objection of, and against the wishes of, the natural parents is a violation of the parents' fundamental rights as set forth in Troxel v. Granville, 530 Us. 57, 120 S. Ct. 2054, 147 L.Ed. 2d 49 (2000). WHEREFORE, Petitioners, Lisa M. Sheaffer and Ralph Sheaffer, respectfully request that the Conciliator's recommendation be Stayed pending a Hearing on the merits. Respectfully submitted, LAW OFFICE OF DIRK BERRY, ESQ. IJ;PP- -: Dirk E. Berry, Esquire Attorney for Mother and Father 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 VERIFICATION I verifY that the statements made in this Petition 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. ,j,,,I...-JJ/l ~J ~/?tJ...-} . ,r'...... ?71 .1./.. t/.,u . Date Lisa M. Sheaff,er HOIWARD G. MOODY AND FRANCINE B. MOODY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent v. : NO. 03 - 5814 CIVIL TERM LISA MARIE SHEAFFER AND RALPH SHEAFFER, Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certifY that on this day Mother and Father's Emergency Petition for Stay of Conciliator's Recommendation Pending Hearing on the Merits was served by first class mail, postage pre-paid upon the following person: Marcus A. McKnight, III, Esquire 60 West Street Carlisle, P A 17013 Date: 9~ 2.-'ii - c) S- ~~/ Dirk E. Berry, Esquire Attorney for Petitioner 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 - --- (") ,.." c = 0 = ~;: c..n "T1 L' ~ ' u> ~pl rq v N "m CO :"0 9(L) -0 -::1.1-'{-. ;::g,:: ("i::!j ~--::(') ....." C)m ..:::. .:< .r.- ~ .1;) U1 -< HOIWARD G. MOODY AND FRANCINE B. MOODY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent v. : NO. 03. 5814 CIVIL TERM LISA MARIE SHEAFFER AND RALPH SHEAFFER, : CIVIL ACTION . LAW : IN CUSTODY Defendant/Petitioner PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW comes Lisa M. Sheaffer and Ralph SheaJler, natural mother and natural father of the subject children, by their attorney, Dirk E. Berry, Esquire, and respectfully avers as follows: 1. The petition of Lisa M. Sheaffer and Ralph Sheaffer, natural mother and natural father of the subject children, respectfully represents that on March 2, 2005 and June 16,2005, Orders of Court were entered for Custody, true and correct copies of which are attached. 2. This Order should be modified because: a. The Respondents are actively contesting the parenting choices of the natural mother and natural father. b. The Respondents are not biologically related to the subject children. c. The Respondents actions, including these sev,:ral custody lawsuits, are hanning the parent-child relationship between the natural parents and their children. d. The Respondents may not actually have standing versus the natural parents. e. The Respondents disparage the natural parents when the subject children are in their custody. f. It is not in the best interests of the subject children to be in the custody of non- biologically related persons who use their financial resources to repeatedly sue the natural parents of the said subject children. WHEREFORE, Petitioners, Lisa M. Sheaffer and Ralph Sheaffer, respectfully request this Honorable Court modifY the existing Order and confirm full legal and physical custody of Matthew S. Sheaffer and Alicia 1. Sheaffer in the natural parents, Lisa M. Sheaffer and Ralph Sheaffer. Also that the The Court clarifY that all visitation decisions regarding the Moody's are the sole province of Lisa and Ralph Sheaffer as is befitting the normal exercise of the parental rights of the natural parents. Alternatively, Petitioner's respectfully request that TI~e Court find that the Moody's do not have standing in the above-captioned matter and vacate all prior Orders under this caption. Respectfully submitted, LAW OFFICE OF DIRK BERRY, ESQ. ~~~- Dirk E. Berry, Esquire Attorney for thl: Natural Parents 44 S. Hanover St. Carlisle, PAl 710 13 (717) 243-4448 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. S 4904 relating to unsworn falsification to authorities. ..J._-h~~JJnl 30. ';005 , !itA" l?1 ,d,i.',n II'" , Lisa M. Sheafft:r Date HOWARD G. MOODY AND FRANCINE B. MOODY, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA MARIE SHEAFFER AND RALPH SHEAFFER, DEFENDANTS 03-5814 CIVIL TERM AND NOW, this ORDER OF COURT l ~ day of June, 2005, IT IS ORDERED that the // following provisions are added to the custody order of March 2, 2005: (1) During the summer school vacation period, Paragraph 2(b) of the order of March 2, 2005, is expanded to provide that Matthew 1lnd Alicia shall be with their grandparents on the alternate Wednesday from noon until 1 0:00 a.m. on Thursday. (2) The grandparents may telephone the children every third day and the parents shall have the children take the calls if they are present, return the calls that day if they are not present, or return the calls upon returning home if there is a voice message. (3) The request of the grandparents to continuing providing dental care to the children IS DENIED based on the mother's Willingnes~.t~yn-d~ that responsibility. By the Court, /.:/ , , /.-'/ /."/ ':-l /~1 '. Edgar~~ley,r~ Marcus A. McKnight, III, Esquire For Howard G. Moody and Francine B. Moody Jane Adams, Esquire For Lisa Marie Sheaffer :sal rF~.";~.1;:'. C~}!.-'-'~' ~ i -, ,"',. ;", "..,' I '(' ,....I. ~ I "'... ..,. , <,' ',. ,.,' ",;../ ': ,r','- ..: '.:' ':" .-', ~ ~:, '. n e1f~JH"i4.~ l-gil<)lI".;..,.., ;.v.... -'-,,;:,. ~".. t:,!~ U~ t..~"d cl.s.a:\t! c.c~~:1)c:.J C";'~:f.L:..;..~, f-;}, ,_' --:;:',,J / I. '"'l ." ') [hi:; , I(~ )__tay iJ8w.:,J:-,-~ ~+- : , ..J.II <._ (/ J;l.Ui..L~.~w-''''J'0 ... - r- I ",- ~1:;ttiC !~i.."!rttV ';cl V 1 ?rli)t J HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants NO. 2003 - 5814 IN CUSTODY <> COURT ORDER lJoQ. AND NOW, this,;(, day of March, 2005" upon consideration of the attached Custody Conciliation rcport, the prior order of November 6, 2003 is vacated and replaced with the following order: 1. The mother, Lisa Marie Scheaffer, and the father, Ralph Sheaffer, shall enjoy legal and physical custody of Matthew Stephan Scheaffer, born November 22, 1993 and Alicia Janae Sheaffer, born October 23, 1998. 2. The maternal grandparents, Howard G. Moody and Francine B. Moody, shall enjoy periods of temporary physical wstody with the minor children as follows: a. On alternating weekends from Friday at 5:00 p.m. until Sunday at 6:00 p.m. b. On one evening a week being the weekend after the parents have custody on the weekend with the children, the time to be from after school until 6:00 p.m. Unless agreed otherwise by the parties, the day shall be Wednesday night. c. At such other times as the parties agree. 3. The maternal grandparents shall enjoy reasonable telephone contact with the minor children when the children are in the custody of the parents. 4. This order is a temporary order. Legal ,counsel for the parties may contact the Conciliator after 60 days in the even t ItlIis order is not satisfactory to either party, at which timc the Conciliator will schcdulc a telephone conference call with the attorneys. BY THE COURT, IS} m J Judge ( 'l cc: Marcus A. McKnight, III, Esquire Brenda Coppede, Student Attorncy .t:"I,~;"; ~:'.~;,;.;'; ;~' .. ~;".: ":"'~"/(';';- ..'~' ,. ,: > '" . "., "'-i. I; ..,'.. .., ',. .:\ "," ',....:.'. _ '" 1',:, 'dd.~~....."~~,r~.'[t\QR . . " " ',.............. ....... .." Pr:-!\.,;n:;':',,:n; , '. ,,. ;'" .' HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendants NO. 2003 - 5814 IN CUSTODY .-'/ Prior Judge: Edgar B. Bayley CONCILIATION COl'.'FERENCE 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 l:hildren who are the subject of this litigation is as follows: Matthew Stephan Sheaffer, born November 22, 1993 and Alicia JaIme Sheaffer, born October 23, 1998. 2. A Conciliation Conference was held on February 25, 2005, with the following individuals in attendance: The maternal grandparents, Howard G. Moody and Francine B. Moody, with their counsel, Marcus McKnight, and the parents, Lisa Marie Sheaffer and Ralph Sheaffer, with their student attorney, Brenda Coppede. 3. The parties agree to the entry of an order in the form as attached. :J, ;) 0 - 6,) DATE dJ~/ Hubert X. Gilr , Esquire Custody Con . iator HOIWARD G. MOODY AND FRANCINE B. MOODY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent v. : NO. 03 - 58'14 CIVIL TERM LISA MARIE SHEAFFER AND RALPH SHEAFFER, Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVIC]~ I, Dirk E. Berry, Esquire, do hereby certifY that on this day Mother and Father's Emergency Petition for Modification of a Custody Order was served by first class mail, postage pre-paid upon the following person: Marcus A. McKnight, III, Esquire 60 West Street Carlisle, P A 17013 Date: 0[ - 30 - 05' /~ 'it/. _ ~ --- Dirk E. Berry, Esquire Attorney for Petitioner 44 S. Hanover St. Carlisle, P A 17013 (717) 243-4448 ~ (\ ~ 0 "> c: ~ 1'\ S9 -i::: 0 ~ c.r, '"r1 C/) :;1 l:i:::. r.,., -'C'r nl2J ca c....) j--.- ~'~) rr~ --- 0 ,uC"-1 Ii)' D0 ~ ') , ~ .>.r~ ~ ~ ~ ::-~ >~~:~1 .' - ~ " ~-:) (11 ~ """ W sJ -< ~ HOIW ARD G. MOODY AND FRANCINE B. MOODY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYL VANIA V, 03-5814 CIVILACTlONLAW LISA MARIE SHEAFFER AND RALPH SHEAFFER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, October 04,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at__. 4tb Floor, Cumberlaud County Courthouse, Carlisle, on Friday, October 28,2005 , the conciliator. at 10:30 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 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. 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: Isl ,_,Hypert X,..Gilrov. Esq. rJ1\ 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 omce. All arrangements must be made at least 72 hours prior to any hearing or business before the cOUl1. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 , ~ r4}l,?I;<>)6 ""- ~y. f '}. 1.' ~/ _)~..>- C?/ ~ ~ JZ ~ ~~ ..,>(7'/0/ ~.!/..:Nl/.~ :J! ~.". ~7 '/17P /~, (// O'J :2!H s- .lJO SOUZ HOIWARD G. MOODY AND FRANCINE B. MOODY, R>::CEI\'ED rc? ') ~ OOOS'}. : IN THE COURT OF COMMON PLEA: O~ ' o~, ~ ~. ~ : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent v. : NO. 03 - 5814 CIVIL TERM LISA MARIE SHEAFFER AND RALPH SHEAFFER, : CIVIL ACTION - LAW : IN CUSTODY DefendantIPetitioner ORDER OF COURT AND NOW, this day of , 2005, upon consideration of Mother and Father's Emergency Petition for Stay of Master's Recommendation Pending Hearing on the Merits, and all other matters of record, a hearing in the matter is hereby scheduled for the day of , 2005, at _.m. in Courtroom number 2 of the Cwnberland County Courthouse. Pending the hearing scheduled above the current Custody Order, dated March 2, 2005, as amended for summer by the Order dated June 16,2005, shall remain in full force and effect. Specifically, Mother and Father shall enjoy Legal Custody of the subject children as granted in said Order to include the right to make all decisions about the children's religious upbringing. By the Court, ~ E. Berry, Esquire r? Attorney for Mother and Father ~ ~' ~cus A. McKnight, III, Esqu~e \()' \ " Attolll, ey for Howard and Francme Moody,-/... ,/'r J' ~~. .-, at-ll ,)4()) ~., - _ ~ W l (YW<.NJ- (..A/VI ,~ i ~ \-~~, ~.~ l!-h.ct~~ \~. \~'A'Y~~ ~~2 ,VlMi ~ '; vt-? r,y......_Vv'-~~r '( -')./50. t/ \ J. V', C"" '6', ~ ;~>, ~<'" ,'-:'. "v--- '\~~'~~S', ~b \_~ ";'.i;~ - V:?., ,y y:- ~ ,,- ? (;) RECEIVED OCT 05 Z005 ~~1 HOWARD G. MOODY AND FRANCINE B. MOODY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 03-5814 CIVIL ACTION - LAW LISA MARIE SHEAFFER AND RALPH SHEAFFER, Defendants IN CUSTODY COURT ORDER AND NOW, this and directed as follows: t1 day of o~ 2005, it is ordered 1. This Court's prior Orders of June 16, 2005 and March 2, 2005 shall remain in effect. 2. It is specifically noted that the rights of the Maternal Grandparents to exercise temporary custody of the minor children on alternating weekends includes the ability for the Maternal Grandparents to take the children to Church without interference from the Parents. 3. In the event the Parents desire to have this matter litigated, the Parents' counsel may contact the Conciliator for another Custody Conciliation Conference after filing an appropriate petition raising these issues. BY THE~: /' Cc: plrk E. Berry, Esquire ,,~e Adams, Esquire , ,Marcus A. McKnight, III, Esquire \ " J (/ ,(}J 10 -\1) nr: "', 20115 OCT I 'I r:.; 2: 2li HOWARD G. MOODY AND FRANCINE B. MOODY, Plaintiffs v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5814 CIVIL ACTION - LAW LISA MARIE SHEAFFER AND RALPH SHEAFFER, Defendants IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley 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: Matthew Stephan Sheaffer, born November 22, 1993 Alicia Janae Sheaffer, born October 23,1998 2. A Conciliation Conference was held on September 23rd, with the following individuals in attendance: The Maternal Grandparents, Howard G. Moody and Francine B. Moody, with their counsel, Marcus A. McKnight, III, Esquire, and The Parents, Lisa Marie Sheaffer and Lisa Marie Sheaffer, with their counsel, Dirk E. Berry, Esquire 3. The parties appeared before the Custody Conciliator on February 25, 2005, at which time there was an agreement reached providing the natural Parents of the minor children with legal and physical custody and the Maternal Grandparents with periods of temporary physical custody on alternating weekends and one evening on one of the off weeks. The legal counsel for the parties then contacted the Conciliator in May of 2005 indicating that there were a number of issues, including the Grandparents' request for additional time and telephone contact. A hearing was required at that point. This Court held a hearing on June 15, 2005 and issued an Order of June 16, 2005 specifying certain telephone contact lights for the Maternal Grandparents, expanding the Maternal Grandparents' rights slightly on the off weekday visitation and denying the maternal grandparents' request to provide dental care. 4. The parties are back before the Court on the Maternal Grandparents' Petition to Modify the Custody Order. However, at the Conciliation, the bottom line issue which appeared to arise between the parties is the desire of the Maternal Grandparents to take the children to Church. Maternal Grandparents received a letter from the Mother and Father dated August 5, 2005 indicating, "Do not take Matthew and Alicia to Church at any time." The Grandparents are concerned because the Mother has verbally suggested that she will physically try to interfere with the Grandparents' custody if they attempt to take the children to Church during the weekends they have custody. 5. It is noted that there is no action filed by the Parents. The only action is a Petition to Modify filed by the Maternal Grandparents which, at the Conciliation Conference, was modified merely to request a petition for further interpretation of the Order as to the issue as to whether the Maternal Grandparents may take the children to Church. 6. The Parents vigorously object. Their counsel cites the US Supreme Court case of Troxel v. Granville, 2000 W. L. 712807 (U.S.) as a basis for an argument that the Maternal Grandparents have no rights to take the children to Church when they have custody if the Parents object. The Conciliator did not examine this decision, but did consult with the Court prior to making any recommendation. It is noted that the Parents themselves have not fIled any specific petition addressing this issue, and it is the Conciliator's recommendation that the Grandparents' rights of temporary custody should be uninterrupted when they have custody of the children. 7. The Conciliator recommends an Order in the fonn as attached. Date: ICr~5- or av Hubert X. Gil , Esquire Custody Con iator NOV 0 3 2005 ,J 8- ~I HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defeudaut : NO. 03-5814 : IN CUSTODY COURT ORDER AND NOW, this gu. day of November, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled Vt Court Room No. 2 of the Cumberland County Courthouse on the GU day of. )1.~~ 2001.. at D~.m. At this hearing, the natural parents shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall fIle with the Court and opposing counsel a memorandum, at least five days prior to the mentioned hearing date, setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. In addition to any other legal issues the parties believe need to be briefed in advance of the hearing, the memorandum fIled by counsel shall also address the following legal issues: A. The ability of the maternal grandparents to take graudchildren to church when the grandparents have specific periods of temporary custody. B. The statutory basis for which the maternal grandparents would have standing to seek temporary custody of grandchildren. Additionally, counsel should address the implications of the parties agreeing this past March pursuant to the March 2, 2005 Order that the maternal grandparents have a right to temporary custody and whether that agreement represented at that time a waiver of any claims concerning the standing issue. 2. Pending further Order of this Court after the hearing set forth above, this Court's prior Orders shall remain in effect. BY THE CO~ / Judge cc;A)irk E. Berry, Esquire )Marcus A. McKnight, III, Esquire p>.'cP \\,0 >- '".0 cr. e:> ~-~_-.. \ (") J { ~ , J l:;l ~- CO c:.."'. (i~ I u.Ju- ~ttl ::~ I..'- ~ 0 J.: r' Ll- ~.r ) '":.~, c..:..\ c;:;) <-' HOWARD G. MOODY and FRANCINE B. MOODY, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION - LAW LISA MARIE SHEAFFER and RALPH SHEAFFER, Defendant : NO. 03-5814 : IN CUSTODY Prior Judge: Edgar B. Bayley, Jr. 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 infonnation pertaining to the children who are the subject of this litigation is as follows: Matthew Stephan Sheaffer, born November 22, 1993 and Alicia Janae Sheaffer, born October 23, 1998. 2. A Conciliation Conference was held on October 28, 2005, with the following individuals in attendance: The maternal grandparents, Howard G. Moody and Francine B. Moody, with their counsel, Marcus A. McKnight, Ill, Esquire, and the natural parents, Lisa Marie Sheaffer and Ralph Sheaffer, with their counsel, Dirk E. Berry, Esquire. 3. The parties were before the Conciliator in October at which time there was an emotional issue dealing with the maternal grandparents taking the minor children to church on the weekends they have custody. There is an Order in place from March 2, 2005 whereby the parties, by agreement, provided the maternal grandparents with custody on alternating weekends. This Court's Order of October 17, 2005, specifically indicated that the maternal grandparents could take the children to church when they exercised temporary custody. 4. The parents have now filed a Petition to modify the Order and have raised issues including a request to reduce the time the maternal grandparents have with the children from alternating weekends to only one weekend per month from Friday through Saturday. Additionally, the Petition addresses the issue as to whether the maternal grandparents may take the children to church over the objection of the natural parents. The Petition also raises an issue as to whether the maternal grandparents have standing in any custody litigation. The standing issue is interesting as it relates to the fact that there was an agreement by the parties in a prior Court Order giving the maternal grandparents specific periods of temporary custody. Regardless, the parties are unable to reach an agreement. The maternal grandparents desire the existing Order remain in place and desire to continue to take the minor children to church on their weekends. A hearing is necessary and the Conciliator recommends an Order in the form as attached. 5. The attached Order specifically references the ability of the maternal grandparents to take the children to church as being an issue on which the Court will take testimony at the hearing that needs to be scheduled. On that basis, the Order would preserve the ability of the natural parents to contest that issue at that hearing and on any later appeal rather than requiring the natural parents to fIle an appeal from the October 17, 2005 Order. However, the natural parents may still determine that they want to fIle an appeal from the Octoher 17, 2005 Order in the event they feel an Appellate Court may issue some sort of injunctive relief on the church issue pending the appeal. If ~{ -- ()~ DATE HOWARD MOODY AND FRANCINE B. MOODY, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA MARIE SHEAFFER AND RALPH SHEAFFER, DEFENDANTS 03-5814 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 12 day of February, 2006, IT IS ORDERED that the petition of Lisa Marie Sheaffer and Ralph Sheaffer to terminate the partial physical custody of Howard Moody and Francine B. Moody with Matthew Sheaffer and Alicia Sheaffer, IS GRANTED. All prior custody orders, ARE VACATED. By ';.~CO"rt:/~ /', , /// (( ~I. /\ Edgar B. B yley, J.~'\~ Dirk Berry, Esquire For Plaintiffs '------- Marcus A. McKnight, III, Esquire For Defendants -<1-";'" ~ ).,/:,.0<'" C)- :sal (, ...... 'I! 01 Gl HOWARD MOODY AND FRANCINE B. MOODY, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA MARIE SHEAFFER AND RALPH SHEAFFER, DEFENDANTS 03-5814 CIVIL TERM IN RE: CUSTODY OPINION AND ORDER OF COURT Bayley, J., February 13, 2006:-- Lisa Marie Sheaffer, age 31, and Ralph Sheaffer, age 35, are the parents of Matthew Sheaffer, age 12, born November 22, 1993, and Alicia Sheaffer, age 7, born October 23, 1998. They live at 133 Porter Avenue, Carlisle. Matthew is in the sixth grade, and Alicia is in the first grade. The maternal grandparents are Howard G. Moody, age 64, and Francine Moody, age 60, who live at 131 East Hill Crest Drive, Carlisle. The grandmother works part-time and the grandfather is retired. Since the births of Matthew and Alicia, the grandparents have had them for almost every other weekend and at least one weekday evening. The grandparents moved to Carlisle twenty-three years ago. Since then they have attended the First Church of the Brethren, where they are now both Deacons. They have always taken Matthew and Alicia to that church when they have them. The parents were married on January 15, 1993. Shortly after Matthew was born, the father went to prison on a drug charge in Indiana for three years. Upon his release, he lived with the mother, but there were many separations 03-5814 CIVIL TERM leading to a divorce in 1998. In 2001, the father assaulted the mother. He thereafter went to prison for two years. In 2003, the mother filed for bankruptcy. She was having significant medical problems. She asked her parents if the children could live with them for six months. The grandparents agreed and the children lived with them from November 1, 2003 until May 1, 2004. They then went back with their mother, and the father resumed living with them when he was released from prison in November, 2004. The parents have not remarried. The father works in the food service department of the Carlisle Country Club. The mother is a homemaker. After the father and mother reunited, they started decreasing the time that Matthew and Alicia were spending with their grandparents. They eliminated all weekdays, and reduced the number of weekends. The grandparents filed a complaint for primary physical custody of Matthew and Alicia. On March 2, 2005, an order was entered by agreement, granting the mother and father legal and physical custody. The grandparents were granted temporary physical custody on alternating weekends from Friday at 5:00 p.m. until Sunday at 6:00 p.m., and on the Wednesday following the weekend with the parents, from after school until 6:00 p.m. The order allowed the grandparents reasonable telephone contact with Matthew and Alicia. The parents now seek to terminate all court ordered temporary physical custody and phone calls with the grandparents, or in the alternative, reduce both and prohibit the grandparents from taking Matthew and Alicia to church. A -2- 03-5814 CIVIL TERM hearing was conducted on February 6,2006. Both parents agree that Matthew and Alicia have a close, loving relationship with their grandparents and enjoy being with them. The parents testified that they do not want to cutoff all contact between their children with their grandparents, but they want to determine when that contact will take place, and to ensure that the children will not be taken to church. The mother testified that she would voluntarily allow the children to spend one weekend a month with the grandparents. The grandparents object to their court ordered periods of temporary physical custody being vacated, and seek to increase their time with the children by adding a period from after school to 6:00 p.m. on the Monday following the weekend they are with their parents. They oppose any restriction on their taking the children to church when they have them. The mother testified that, although she grew up in the First Church of the Brethren, she now opposes any religion that involves practicing in a church building. She testified that attending a church in a building "is not a necessity for doing the right thing." She and the father want to build tradition with their children as a family. They maintain that a custody order for the grandparents interferes with their family life and undermines their parental authority. The children are intelligent and have adapted to the current schedule. The grandparents believe that their involvement with the children has and will continue to provide them necessary stability. They acknowledge that the mother and father are trying harder and doing better together than they have in the past. -3- 03-5814 CIVIL TERM The parents initially maintain that the grandparents do not have standing to have partial physical custody of Matthew and Alicia, therefore, their petition to terminate the order of March 2, 2005 must be granted. The grandparents maintain, (1) that the parents waived any issue of standing when they consented to the entry of the order of March 2, 2005, and (2) they have standing. In K.B., II v. C.B.F., 833 A.2d 767 (Pa. Super. 2003), a mother, in June 2000, was granted primary physical custody of a child, and the father was granted partial custody. In February, 2001 in an order that superceded the father's partial custody, the paternal grandparents were granted partial custody. The father subsequently filed a petition to modify, and the grandparents intervened. Neither the mother nor the father challenged the grandparents' standing. The trial court awarded the grandparents primary physical custody. On appeal, the mother maintained that the grandparents did not have standing to seek custody of the child. The grandparents argued that based on the order of February 1,2001, where their standing was not challenged, the issue was waived. The Superior Court of Pennsylvania stated that: . . . the issue of standing in this context is not waivable. Generally, in the context of statutory causes of action, "[w]hen our legislature has designated who may bring an action under a particular statute, a court does not have jurisdiction over the action unless the party bringing the action has standing." In re Adoption of W. e.K., 748 A.2d 223, 228 (Pa.Super.2000). As we stated in Grom v. Burgoon, 448 Pa.Super. 616, 672 A.2d 823 (1996): [W]hen a statute creates a cause of action and designates who may sue, the issue of standing becomes interwoven with that of subject matter jurisdiction. Standing then becomes a jurisdictional prerequisite to an action. It is well-settled that the question of subject matter jurisdiction may be raised at any time, by any party, or by the court sua sponte. (Emphasis added.) -4- 03-5814 CIVIL TERM Accordingly, in the present case, an issue of standing of the grandparents has not been waived. Notwithstanding, the grandparents maintain that they have automatic standing to seek periods of temporary physical custody with Matthew and Alicia under 23 Pa.C.S. Section 5313(b). Section 5313 provides in its entirety: When grandparents may petition (a) Partial custody and visitation.-If an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by his parents, the grandparents or great- grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child. The court shall grant the petition if it finds that visitation rights would be in the best interest of the child and would not interfere with the parent-child relationship. (b) Physical and legal custody.-A grandparent has standing to bring a petition for physical and legal custody of a grandchild. If it is in the best interest of the child not to be in the custody of either parent and if it is in the best interest of the child to be in the custody of the grandparent, the court may award physical and legal custody to the grandparent. This subsection applies to a grandparent: (1) who has genuine care and concern for the child; (2) whose relationship with the child began with the consent of a parent of the child or pursuant to an order of court; and (3) who for 12 months has assumed the role and responsibilities of the child's parent, providing for the physical, emotional and social needs of the child, or who assumes the responsibility for a child who has been determined to be a dependent child pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters) or who assumes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness. The court may issue a temporary order pursuant to this section. (Emphasis added.) -5- 03-5814 CIVIL TERM In R.M. v. Baxter, ex reI. T.M., 777 A.2d 446 (Pa. 2001), T.M.'s paternal grandmother filed a complaint for custody or partial custody and/or visitation with her grandchild. The complaint was dismissed by a trial court on the basis that she lacked standing. The Supreme Court of Pennsylvania stated: Initially, we note that prior to the 1996 enactment of Section 5313(b), a grandparent had no right to seek visitation or partial custody of a grandchild unless a parent was deceased, 23 Pa.C.S. S 5311, the parents' marriage was dissolved or the parents separated, id. at S 5312, or the child had resided with the grandparent for 12 months or more and was subsequently removed from the home by his parents, id. at S 5313. See also Herron v. Seizak, 321 Pa.Super. 466, 468 A.2d 803 (1983) (grandparents have no right to visit child where neither parent was deceased, parents' marriage was not dissolved, and child had not resided with grandparent for 123 months or more). The 1996 amendment changed the heading title of Section 5313 (from "When child has resided with grandparents" to "When grandparents may petition"), designated the former text as subsection (a) and added the text set forth in subsection (b). The new subsection (b) recognized a grandparent's claim for "physical and legal custody" of a grandchild, rather than the previous reference to "partial custody and visitation." Thus, the 1996 legislation expanded grandparents' rights and specifically addressed the issue of grandparent standing in a custody matter. (Emphasis added.) The Court affirmed an order of the Superior Court of Pennsylvania reversing the order of the trial court, and remanded to the trial court, stating: The unqualified language of the statute states, "A grandparent has standing to bring a petition for physical and legal custody of a grandchild." This clear and unambiguous pronouncement cannot be ignored or modified by the subsequent reference to whom the provision, as a whole, is intended to apply. It is well settled that words and phrases contained in a statute shall be construed according to rules of grammar and according to their -6- 03-5814 CIVIL TERM common and approved usage. Commonwealth v. Burnsworth, 543 Pa. 18, 669 A.2d 883 (1995); 1 Pa.C.S. S 1903(a). When the words of a statute are clear and free from ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit. Id. at S 1921 (b). The language providing that, "This subsection applies to a grandparent who. . .," refers to the requirements a grandparent must establish to prevail on the merits of the custody claim. This is evidenced by the fact that "this subsection" is entitled, "Physical and legal custody," rather than "Standing." (Emphasis added.) Thus, when a grandparent seeks primary physical custody of a child there is automatic standing under Section 5313(b). See also, K.B., II v. C.B.F., supra. In O'Brien v. O'Brien, 03-3569 Civil (slip opinion filed November 4,2003), where grandparents sought physical and legal custody of their grandchild, this court concluded under R.M. v. Baxter ex reI. T.M., supra and K.B., II v. C.B.F., supra, they had automatic standing under Section 5313(b). In dicta, we stated that "[t]here is no automatic standing where grandparents seek only partial custody or visitation of a grandchild under Section 5313(a)." Our opinion has not changed. Section 5513(a) provides standing where the relief sought is partial custody or visitation. In the case sub judice, Matthew and Alicia have never resided with their grandparents for a period of twelve months or more, and then been subsequently removed from the home by their parents. Thus, the grandparents do not have standing under Section 5313(a). There are two other statutory provisions for standing for grandparents seeking partial custody or visitation. One is 23 Pa.C.S. Section 5311, -7- 03-5814 CIVIL TERM when a parent is deceased. That is not applicable here.1 Section 5312 provides: When parents' marriage is dissolved or parents are separated In all proceedings for dissolution, subsequent to the commencement of the proceeding and continuing thereafter or when parents have been separated for six months or more, the court may, upon application of the parent or grandparent of a party, grant reasonable partial custody or visitation rights, or both, to the unmarried child if it finds that visitation rights or partial custody, or both, would be in the best interest of the child and would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the party and the child prior to the application. In Malone v. Stonebrook, 843 A.2d 1278 (Pa. Super. 2004), a mother and father, who were not married, were the parents of a son. They separated. The son then resided in the primary physical custody of his mother. The father, who had no further relationship with the mother, had periods of partial physical I In Douglas v. Wright, 801 A.2d 586 (Pa. Super. 2002), the trial court awarded physical custody of children to a father, with partial custody to the maternal grandparents of the deceased mother. The Superior Court concluded that the grandparents had standing under 23 Pa.C.S. Section 5311, noting: We recognize the relatively recent decision of the United States Supreme Court in Troxel v. Granville, 530 U,S. 57,120 S.Ct. 2054, 147 L.Ed.2d 49 (2000), and find it readily distinguishable. In Troxel, the Supreme Court found the application of a Washington state statute permitting "any person" to petition for visitation impermissibly broad and found that, under the facts of that case, it unconstitutionally infringed on the fundamental right of the parent to make decisions concerning her child. However, the Troxel Court cited with approval statutes comparable to 23 Pa.C.S. S 5311, which do not contain the broad, sweeping language like that in the Washington statute. Moreover, the Troxel Court determined the trial court erred by placing the burden on the parent to disprove that the best interests of the child would be served by granting visitation with grandparents. Here, we emphasize it is the grandparents' burden to demonstrate partial custody or visitation is in the best interests of the children and will not interfere with the parent-child relationship. -8- 03-5814 CIVIL TERM custody. The paternal grandmother sought partial physical custody and visitation with the child, claiming standing under 23 Pa.C.S. Section 5312. Preliminary objections to her complaint were granted. On appeal, the Superior Court of Pennsylvania reversed, stating: The language of section 5312 clearly and unambiguously provides that the grandparents of a child whose parents are divorced, involved in dissolution proceedings or have been separated for six months or more may maintain an action for visitation or partial custody. See Hill v. Divecchio, 425 Pa.Super. 355, 625 A.2d 642, 647 (1993) . . . . In Hill v. Divecchio, supra, the Superior Court noted that: [T]he statutory rights created under section[s] 5311-5313 provide a means for grandparents or great-grandparents on the non-custodial side to guard against potential estrangement... that might occur after one parent dies, or after the parents separate or divorce and custody of the child is with one parent. In the present case, although the parents were divorced in 1998 and have not remarried, they have lived together continuously with Matthew and Alicia since November, 2004. The grandparents do not have standing under 23 Pa.C.S. Section 5312.2 In conclusion, automatic standing under Section 5313(b) allows grandparents to seek primary physical custody which can be granted only if it is in the best interest of a child not to be in the custody of a parent.3 For grandparents to have partial physical custody, standing is limited by Sections 5311, 5312 and 5313(a). If there is no standing under any of these sections, 2 They lacked standing when the order of partial custody with Matthew and Alicia was entered by agreement on March 2, 2005. ] The burden of proof requires that convincing reasons appear that the child's best interest will be served by an award to a third party. K.B., II v. C.B.F., supra. -9- 03-5814 CIVIL TERM grandparents cannot obtain an order of partial physical custody even if the children would benefit from it as they have in the present case. For the foregoing reasons, the following order is entered.4 ORDER OF COURT AND NOW, this flday of February, 2006, IT IS ORDERED that the petition of Lisa Marie Sheaffer and Ralph Sheaffer to terminate the partial physical custody of Howard Moody and Francine B. Moody with Matthew Sheaffer and Alicia Sheaffer, IS GRANTED. All prior custody orders, ARE VACATED. / / ,---.7/ By the Court, Dirk Berry, Esquire For Plaintiffs / Marcus A. McKnight, III, Esquire For Defendants :sal 4 This resolution makes it unnecessary to address any merits issues. As to the church issue, see Douglas v. Wright, supra. -10-