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HomeMy WebLinkAbout07-7490DIANNA MAE SHEAFFER, Plaintiff vs. FELIPE PETE RODRIGUEZ, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Dianna Sheaffer, hereinafter referred to as Mother. Mother resides at 3260 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Felipe Pete Rodriguez, III, hereinafter referred to as Father. Father is believed to reside at either 25 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013 or 630 Second Street, Highspire, Dauphin County, Pennsylvania, 17034. 3. Mother seeks primary physical custody of the minor child: Name Present Residence Age Javan Rodriguez 630 Second Street 4.17.06 DOB, 1 1/2 years old Highspire, PA 17034 Javan was born out of wedlock. Javan is presently in the custody of Father as a result of his refusal to return the child to Mother's custody following a Thanksgiving visit. During his lifetime, Javan has resided with the following persons and at the following addresses: Name Address Date Dianna Sheaffer 3260 Spring Road birth -11/22/07 Riley Sheaffer Carlisle, PA Roy Sheaffer Deborah Sheaffer Felipe Rodriguez, III 630 Second Street Sandra Wotring Highspire, PA Unknown other persons 11/22/07 - present 5. Mother lives with the following persons: Name Roy Sheaffer Deborah Sheaffer Riley Sheaffer Relationship Maternal Grandfather Maternal Grandmother Child from prior relationship 6. It is believed that Father lives with the following persons: Name Sandra Wotring Relationship Paramour 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Javan in this or another court. 8. Mother has no information of a custody proceeding concerning Javan pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Javan or claims to have custody or visitation rights with respect to Javan. 10. Javan's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Javan was born, Mother has been his primary caretaker and has been responsible for his emotional, physical, educational, financial and medical needs. b. Mother is fully capable of caring for Javan on a primary basis and has done so since his birth. c. Mother is willing to communicate with and work cooperatively with Father to co- parent Javan and will encourage their father/son relationship. 10. Father has not acted in Javan's best interests in ways including but not limited to the following: a. Father has been arbitrary in his decisions to spend time with Javan since Javan was born. Between July and October 2007, Father saw Javan three times, only one of which was an overnight visit. Prior to that, Father did not see Javan because he was incarcerated in Cumberland County Prison since February 2007. b. Father took Javan for an agreed visit for Thanksgiving holiday and subsequently refused to return Javan to Mother's custody. c. Father's decision to keep custody of Javan immediately followed Mother's decision to reopen the child support case against Father on behalf of Javan. Since absconding with Javan, Father has filed his own child support action against Mother. d. Javan was born with a hole in his heart and has been on various medications for his heart issues and for other health matters since birth. Javan's heart condition also requires monthly appointments with a specialist. Father has been to one visit since Javan's birth and does not know how to properly care for Javan or address his medical issues. e. Father refused to accept or return Mother's calls and completely denied Mother any contact with Javan from November 26, 2007, until December 12, 2007, when Father allowed Mother to speak to Javan by telephone. f. Father's decision to end all communication with Mother means that he is unaware of Javan's upcoming medical appointment with the heart specialist and Father cannot properly care for Javan without this information. g. Father does not have a current driver's license but continue to drive with the child in the vehicle. h. Father has a significant criminal history including periods of incarceration for various drug charges with repeated returns to prison for failed urine tests resulting in parole violations. Father's unsafe and illegal behaviors do not provide the safe environment necessary to properly care for a young child. 12. Every person with rights to custody or having actual physical custody of Javan has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief 1. That the parties shall share legal custody of Javan. 2. That Mother shall have primary physical custody of Javan. 3. That Father shall have periods of partial custody at times and places agreed upon by the parties. 4. That the non-custodial parent shall have reasonable telephone contact with Javan while he is with the other parent. 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Javan during various holidays. 6. That Father is prohibited from removing the children from Cumberland or Dauphin Counties without providing Mother with all contact information. 7. Neither party shall consume alcohol or illegal drugs when Javan is in their custody and neither party shall allow Javan to be exposed to persons who have been consuming alcohol or illegal substances. 8. Any other relief this Court finds just and equitable. Respectfully submitted, AAA J ica olst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 DIANNA MAE SHEAFFER, Plaintiff vs. FELIPE PETE RODRIGUEZ, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Felipe Pete Rodriguez, III, with a Complaint For Custody on"OeCeo4e' 13 , 2007 by certified mail, return receipt, restricted delivery, to the person and addresses below: Felipe Pete Rodriguez, III c/o Sol Martinez 25 West Pomfret Street Carlisle, PA 17013 Felipe Pete Rodriguez, III c/o Sandra Wotring 630 Second Street Highspire, PA 17034 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: TAU MAW ?, ?V ?` Signature: VERIFICATION The above-named PLAINTIFF, Dianna Sheaffer, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date. anna Mae ?sheaffer ."` rrt ,? w a ? DIANNA MAE SHEAFFER, Plaintiff vs. FELIPE PETE RODRIGUEZ, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07- 7y 90 CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Dianna Mae Sheaffer, Plaintiff, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. J ca Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 g" a v h ??' ? ? e. ? 4 ?? ? ? DIANNA MAE SHEAFFER, Plaintiff vs. FELIPE PETE RODRIGUEZ, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- jgg0 CIVIL TERM : CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Dianna Mae Sheaffer, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as Mother, who resides at 3260 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is the above-named Defendant, and resides either with his grandmother at 25 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013 or with his paramour at 630 Second Street, Highspire, Dauphin County, Pennsylvania 17034. 3. The parties are the natural and biological parents of the minor child Javan Rodriguez, born April 17, 2006. 4. There is no prior Custody Order in this matter. A Custody Complaint has been filed simultaneously with the filing of this Petition for Special Relief. 5. On November 22, 2007, Defendant took Javan for an agreed upon visit for the Thanksgiving holiday. He has since refused to return Javan to Mother's custody and Mother was unable to speak to Javan until December 12, 2007. Mother has not been permitted to see Javan since November 26, 2007. 6. Defendant is not acting in Javan's best interests for reasons including, but not limited to, the following: a. Father has been arbitrary in his decisions to spend time with Javan since Javan was born. Between July and October 2007, Father saw Javan three times, only one of which was an overnight visit. Prior to that, Father did not see Javan because he was incarcerated in Cumberland County Prison since February 2007. b. Father took Javan for an agreed visit for Thanksgiving holiday and subsequently refused to return Javan to Mother's custody. c. Father's decision to keep custody of Javan immediately followed Mother's decision to reopen the child support case against Father on behalf of Javan. Since absconding with Javan, Father has filed his own child support action against Mother. d. Javan was born with a hole in his heart and has been on various medications for his heart issues and for other health matters since birth. Javan's heart condition also requires monthly appointments with a specialist. Father has been to one visit since Javan's birth and does not know how to properly care for Javan or address his medical issues. e. Father refused to accept or return Mother's calls and completely denied Mother any contact with Javan from November 26, 2007, until December 12, 2007, when Father allowed Mother to speak to Javan by telephone. f. Father's decision to end all communication with Mother means that he is unaware of Javan's upcoming medical appointment with the heart specialist and Father cannot properly care for Javan without this information. g. Father does not have a current driver's license but continue to drive with the child in the vehicle. h. Father has a significant criminal history including periods of incarceration for various drug charges with repeated returns to prison for failed urine tests resulting in parole violations. Father's unsafe and illegal behaviors do not provide the safe environment necessary to properly care for a young child. 7. Mother is the parent who can best provide for Javan for reasons including, but not limited to, the following: a. Since Javan was born, Mother has been his primary caretaker and has been responsible for his emotional, physical, educational, financial and medical needs. b. Mother is fully capable of caring for Javan on a primary basis and has done so since his birth. c. Mother is willing to communicate with and work cooperatively with Father to co- parent Javan and will encourage their father/son relationship. 8. Without this Court's intervention, Javan is at risk of being harmed emotionally and physically. Javan is at risk of emotional harm by being denied contact with Mother, the person who has been his primary caretaker since birth. Javan is at risk of physical harm because Defendant is not familiar with Javan's medical conditions and does not know how to properly care for him. Furthermore, Defendant's involvement with illegal activities and his criminal history have the potential of subjecting Javan to a dangerous environment. WHEREFORE, Mother respectfully requests that the Court order the following: a. That Defendant shall immediately return Javan to Mother's custody. b. That this matter shall be scheduled for a custody conciliation to determine a more specific custody schedule regarding Javan. c. That until the conciliation the parties shall have shared legal custody of Javan. d. That until the conciliation, Mother shall have primary physical custody of Javan. e. That until the conciliation, Defendant shall have periods of partial physical custody at times and places as agreed to by the parties. f. Until further Order, Defendant shall not remove Javan from Cumberland or Dauphin Counties without providing Mother with all contact information for where Javan will be. g. Any other relief this Court finds just and equitable. Respectfully submitted, ess olst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 DIANNA MAE SHEAFFER, Plaintiff VS. FELIPE PETE RODRIGUEZ, III, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Felipe Pete Rodriguez, III, with a Petition for Special Relief on nttt??t/ 13 , 2007 by certified mail, return receipt, restricted delivery, to the person and address below: Felipe Pete Rodriguez, III c/o Sol Martinez 25 West Pomfret Street Carlisle, PA 17013 Felipe Pete Rodriguez, III c/o Sandra Wotring 630 Second Street Highspire, PA 17034 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature: VERIFICATION The above-named PLAINTIFF, Dianna Mae Sheaffer, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: iNA dJUUA1_1 V?? Dianna Mae Sheaffer t7 .._ ?Tt. t t ? ? .. N o rn .t~ DIANNA MAE SHEAFFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FELIPE PETE RODRIGUEZ, III DEFENDANT • 2007-7490 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 18, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, January 16, 2008 at 11:00 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John j. Mangan, Jr., ES ; 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 LNC?Ci"? ZS ;Z Wd 61 030 LOOZ d8lIN?13H1 d0 Li DIANNA MAE SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW FELIPE PETE RODRIGUEZ, III, : Defendant : NO. 07-7490 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of December, 2007, upon consideration of Plaintiff's Petition for Special Relief, a hearing is scheduled for Monday, December 31, 2007, at 9:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. THE DEFENDANT is hereby directed to bring the child to the above-scheduled hearing. BY THE COURT, /Jessica Holst, Esq. MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Attorney for Plaintiff '' Felipe Pete Rodriguez, III c/o Sol Martinez 25 West Pomfret Street Carlisle, PA 17013 Defendant, pro Se V Felipe Pete Rodriguez, III c/o Sandra Wotring 630 Second Street Highspire, PA 17034 Defendant, pro Se J Wesley O r, Jr., . (IT I 'f?.S rvt. t LC I ,zja.o/o7 :rc LLJ -" T G CD wZ M C= #tl. t^-- N .. 01 DIANNA MAE SHEAFFER, Plaintiff v FELIPE PETE RODRIGUEZ, III: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07-7490 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 31st day of December, 2007, upon consideration of Plaintiff's Petition for Special Relief with respect to the parties' child, Javan Rodriguez (date of birth, April 17, 2006) and following a hearing at which Plaintiff appeared and was represented by Jessica Holst, Esquire, and at which Defendant appeared and represented himself, it is ordered and directed, pending further Order of Court and the custody conciliation conference scheduled for January 16, 2008, as follows: 1. Legal custody of the child shall be shared by the parties; 2. Primary physical custody of the child shall be in the mother; 3. Temporary partial physical custody of the child shall be in the father on alternating weekends from Friday at 7:00 p.m. until Sunday at 7:00 p.m. The father's first period of partial physical custody shall be on the weekend commencing January 11, 2008. By the Court, Ano S I : I I WV C- NVr 809Z MVIO ;i .add M AO 301a?41(.)-QM Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 For Plaintiff %// Felipe Pete Rodriguez, III 542 Second Street Apartment C Highspire, PA 17034 Defendant, pro se "r?«.s m?c?L " mae c .-I DIANA M. SHEAFFER, Plaintiff VS. FELIPE P. RODRIGUEZ, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7490 CIVIL ACTION - LAW IN CUSTODY ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Linda A. Clotfelter, Esquire, for Defendant, Felipe P. Rodriguez, in the above-captioned proceeding. Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: o7i It? 05 v U 7By- v L DA A. CLOTFELTER, ES( ttorney I.D. . 72963 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile 0 I . .I, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7490 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this lh%y of February, 2008, the undersigned hereby certifies that a true DIANA M. SHEAFFER, Plaintiff VS. FELIPE P. RODRIGUEZ, III, Defendant and correct copy of the foregoing ENTRY OF APPEARANCE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: John J. Mangan, Jr., Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Jessica C.D. Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER By:/?`?CJL L? L DA A. CLOTFELTER, ES( A rney I.D. 72963 021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile G Mae o s zoos 01 DIANNA MAE SHEAFFER, Plaintiff V. FELIPE PETE RODRIGUEZ, III, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7490 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of March, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated December 31, 2007 is hereby VACATED. 2. Legal Custody: The Father, Felipe Rodriguez, and the Mother, Dianna Sheaffer, shall have shared legal custody of Javan Rodriguez, born 4/17/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Physical Custody: Mother shall have primary physical custody of Javan subject to Father's rights of partial physical custody which shall be arranged as follows: a. Commencing January 11, 2008, on alternating weekends from Friday at 7:00 pm until Sunday at 7:00 pm. b. Father shall have additional periods of physical custody as the parties may mutually agree. 4. Holidays: A holiday schedule shall be established at the updated conciliation conference. 5. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 6. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 7. Exchanges: The parties shall share transportation and mutually agree to exchange locations. 8. In the event the custodial parent should take the Child out of Cumberland or Dauphin Counties, the custodial parent shall notify the non-custodial parent with the intended destination and a ca n cl? af j.J _ C.0 rL 3 cr+ r '+ telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other parry. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. The parties are directed to contact the assigned Conciliator to arrange an updated conciliation conference as soon as practicable. istribution: Vinda Clotfelter, Esq. ? J,p?ssica Holst, Esq. -John J. Mangan, Esq. Cop Oes "7 ?U LL 3/t/os =1"1 By the Court, DIANNA MAE SHEAFFER, Plaintiff V. FELIPE PETE RODRIGUEZ, III, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7490 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII., PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Javan Rodriguez 4/17/06 Primary-Mother 2. A Conciliation Conference was held with regard to this matter on January 16, 2008 with the following individuals in attendance: The Mother, Dianna Sheaffer, with her counsel, Jessica Holst, Esquire The Father, Felipe Rodriguez, III, pro se 3. The parties agreed to the entry of an Order in the form as attached. Date John . M gan , Esquire Cus dy Inciliator 0 DIANA M. SHEAFFER, Plaintiff VS. FELIPE P. RODRIGUEZ, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7490 : CIVIL ACTION - LAW : IN CUSTODY DEFENDANT'S ANSWER TO COMPLAINT FOR CHILD CUSTODY AND NOW, comes Defendant, Felipe P. Rodriguez, III, by and through his counsel, Linda A. Clotfelter, Esquire, who responds to Plaintiff's Complaint for Custody as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Defendant is Felipe P. Rodriguez, III. However, it is denied that Father resides at the address listed in this paragraph. And further answer thereof, Father currently resides at 542 2nd Street, Highspire, Dauphin County, Pennsylvania 17034. 3. Admitted in part and denied in part. It is admitted that Mother seeks primary physical custody of minor child and that he was born out of wedlock. It is denied that the child is presently in the custody of Father. The allegations regarding the residence of the child are also denied. More specifically, it is denied that the child lived primarily with Mother from birth through November 22, 2007, as the parties shared physical custody in a week on/week off basis from April, 2007, through November, 2007. It is also denied that the child has resided with Father at 630 2nd Street, Highspire, Pennsylvania in as Father's address is 542 2nd Street, Highspire, Pennsylvania, and he has lived at that residence since September, 2007. In addition, when the child was with Father during his shared custody periods it was at his residence at 542 2nd Street, Highspire, Pennsylvania. 4. (No paragraph 4 in pleading). 5. Admitted upon information and belief. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted 10. Denied. It is specifically denied that the best interest of the child would be served by granting Mother primary physical custody and the subsections of this paragraph are further denied as follows: a. Denied. It is specifically denied that Mother has been the primary caretaker of the child since his birth. As alleged above, the parties had a truly shared physical custody arrangement from April, 2007, through November, 2007, at which time both parties equally provided his care and have been responsible for his emotional, physical, educational, financial, and medical needs on an equal basis. It is admitted that when the child was born he had some medical problems that were handled primarily by Mother due to her availability. However, any implication that Father has not provided medical care for the child is denied. Father was active in the child's birth, he has accompanied the child for an emergency appointment at the hospital, and in November, 2007, he contacted the child's heart specialist and pediatrician to determine if any appointments were made and to schedule the child's next appointment. It is notable that the child has not taken any medication for six months and sees his heart specialist once every three months. b. Admitted in part and denied in part. It is admitted that Mother is capable of caring for the child. However, the implication therein that Father is in someway unable to provide the child with primary care specifically denied. During Father's shared custody periods he has been the primary caregiver and he continues to do so during his partial custody periods pursuant to the Temporary Order. He is also ready, willing, and able to provide the child with primary care on a regular basis in a truly shared legal and physical custody order. C. Denied. It is specifically denied that Mother is willing to communicate and work cooperatively with Father with regard to co-parenting the child and it is also specifically denied that she encourages the Father/son relationship. To the contrary, Mother had been repeatedly denying Father his scheduled time and at other times Mother would agree to Father having a custody period only to disagree when the time came for Father to exercise the custody period. In fact, due to Mother's conduct in that regard and her statements that she would deny Father contact with the child Father truly believed that if he delivered the child to Mother in November, 2007, after the Thanksgiving holiday, that Mother would deny him further contact with the child. Essentially, Mother undermined the Father/son relationship which had been permitted to grow while the parties shared physical and legal custody for a period in excess of six months just prior to the filing of this action. 10. (Second paragraph numbered 10) Admitted in part and denied in part in subparagraphs as follows: a. It is specifically denied that Father has been arbitrary in his exercising his rights to legal and physical custody of his son and it is adamantly denied that Father saw the child only three times between July and October, 2007. In further answer hereof, the parties shared legal custody of the child on a week on/week off basis from April, 2007, through November, 2007. It is admitted that Father was incarcerated for a short period of time in early 2007 and the remaining allegations of this subparagraph are specifically denied. b. Admitted in part and denied in part. It is admitted that Father had Javan for the Thanksgiving holiday, but the implication herein that his retention of Javan after that time was not justified is denied. The parties had a conversation at or about Thanksgiving regarding the child's custody and after that time Father did not hear from Mother until mid December, 2007. Moreover, despite statements made by Mother, Father feared that Mother would follow through with her threats to retain physical custody of the child and deny Father further contact. C. Admitted in part and denied in part. It is admitted only that both parties initiated child support proceedings, but it is specifically denied that Father's physical custody of the child was in any way related to Mother's filing for child support. Therefore, strict proof thereof is demanded at trial. d. It is admitted in part and denied in part. It is admitted that when the child was born he some health issues that did require specialized medical care. It is denied that Father has participated in only one visit to a physician since the child's birth. It is further denied that he requires monthly appointments with a specialist and that Father does not how to properly care for the child or address his medical issues. To the contrary, Father has been involved in the child's care since his presence at the child's birth, although initially, Mother was the individual who took the child to his regular appointments due to her availability. More recently, Father contacted the child's heart specialist and pediatrician in November, 2007, to determine if appointments were scheduled and when those appointments were to be. At that time he learned that the child now sees his heart specialist one time every three months and he had also known at this time that the child has not been on any medications for six months. Further answer hereof, Father is fully capable of taking the child to his specialist appointments every three months; his regular pediatrician appointments; and to health care providers should any emergencies arise. Therefore, strict proof thereof is demanded at trial. e. Denied. It is specifically denied that Father refused to except and return Mother's calls in November, 2007 through December, 2007. In further answer hereof, the parties did have one conversation on or about November 26, 2007 and Father was then not contacted by Mother until December 12, 2007. Therefor, strict proof thereof is demanded at trial. f. Denied. It is denied that Father made a conscious decision to end all communication with Mother and further denied that he had no knowledge of the child's upcoming medical appointment. In further answer hereof, Father did not set out to purposely end communication with Mother and would have communicated with her had she made an effort to contact him. Father was also aware of the child's medical appointment that was not scheduled to take place until February, 2008. Father learned this when he contacted the heart specialist to schedule the child's next appointment. Father also contacted the child's pediatrician to update his contact information and to determine if the child had any appointments pending. g. Admitted in part and denied in part. It is admitted that Father does not currently have a valid Pennsylvania driver's license, although it is denied that Father is presently or in the future driving the child without a driver's license. Father intends to take all the necessary steps to make arrangements for appropriate transportation. h. Admitted in part and denied in part. It is admitted that Father has had some past criminal issues and also admitted that he has been incarcerated. However, the allegation that Father's criminal history is significant and that he has repeatedly returned to prison for failed urine tests resulting in parole violations specifically denied. In further answer hereof, Father has not failed any urine tests nor has his behavior been unsafe with regards to the custody and environment necessary for him to care for the child. Father's prior incarceration in early 2007 resulted from charges filed several years ago in 2002. Since the birth of his son, Father has taken all steps necessary to make his son and his best interests his primary focus in life and he is striving to forever become a law-abiding citizen and a role model for his son. Therefore, strict proof thereof is demanded at trial. 12. Admitted. WHEREFORE, Father requests that this court deny Mother's Petition for Custody; grant the parties shared legal and physical custody of the child; and grant such other relief as this court deems just and proper. Date: i/ I / J Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER 712 A A. CLOTFELT?, ES( ey L D. 72963 E. Trindle Road, Suite 100 0 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile VERIFICATION I, FELIPE P. RODRIGUEZ, III, verify that the statements in the foregoing document are true 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 unworn falsification to authorities. Dated: F ' e ez r t . Mob Zoo -Tj ' :3t r 9 JUL 3 0 Z008(r? DIANNA MAE SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7490 CIVIL ACTION LAW FELIPE PETE RODRIGUEZ, III, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this day of August 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court regarding the above-captioned matter are hereby VACATED. 2. Legal Custody: The Father, Felipe Rodriguez, and the Mother, Dianna Sheaffer, shall have shared legal custody of Javan Rodriguez, born 4/17/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of Javan subject to Father's rights of partial physical custody which shall be arranged as follows: a. For August 2008, Father shall have physical custody of Javan Friday August 1, 2008 until Sunday August 3, 2008. Father shall then have custody Friday August 8, 2008 through Friday August 15, 2008. Father shall again have custody Friday August 29, 2008 through Sunday September 1, 2008. All exchange times shall be at 7:00 pm. b. Commencing September 2008 and in all subsequent months, Father shall have physical custody of Javan for one week the first Friday of every month until the following Friday. Father again shall have a weekend custodial period the third Friday of every month until Sunday. All exchange times shall be at 7:00 pm. b. Father shall have additional periods of physical custody as the parties may mutually agree. 4. Holidavs: The parties shall arrange holidays pursuant to the attached holiday schedule absent mutual agreement otherwise. 5. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. U cu 6. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 7. Exchanges: The parties shall exchange custody at 7:00 pm at the Giant store on Simpson Ferry Road absent mutual agreement otherwise. 8. In the event the custodial parent should take the Child out of Cumberland or Dauphin Counties, the custodial parent shall notify the non-custodial parent with the intended destination and a telephone number at which they can be reached. 9. Any individual transporting the subject Child shall be properly licensed, not under the influence of alcohol or non-prescribed controlled substances and shall use appropriate child restraints. 10. Each parent shall have one week (seven consecutive days) of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the. choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. Should the requesting party's vacation take place during the other party's custodial period, the non-vacationing party shall be entitled to a "make-up" custodial period the following week. The parties may expand this vacation time by mutual agreement. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 12. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 14. An update conference is hereby scheduled for November 3, 2008 at 9:00 am at the Court of Common Pleas in Carlisle, PA 17013. By the Court, stribution: Pnda Clotfelter, Esq. ? J ssica Holst, Esq. ,,/John J. Mangan, Esq. co,r? .,,7?lEd. 8p?? HOLIDAYS AND SPECIAL DAYS THAES ODD YEARS EVEN YEARS Easter Da is Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1 Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas is Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2" Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day 11 From 9 am until 9 m Mother Mother Father's Day I From 9 am until 9 m Father Father 1 e c DIANNA MAE SHEAFFER, Plaintiff V. FELIPE PETE RODRIGUEZ, III, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7490 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Javan Rodriguez 4/17/06 Primary-Mother 2. An Order of Court was issued on December 31, 2007 regarding a petition for special relief, a Conciliation Conference was held with regard to this matter on January 16, 2008, an Order was issued March 8, 2008, an updated conference was held July 29, 2008 with the following individuals in attendance: The Mother, Dianna Sheaffer, with her counsel, Jessica Hoist, Esquire The Father, Felipe Rodriguez, III, Linda Clotfelter, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J.A4angp(n, Esquire DIANA M. SHEAFFER, Plaintiff VS. FELIPE P. RODRIGUEZ, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7490 CIVIL ACTION - LAW IN CUSTODY Prior Judicial Assignment: J. Wesley Oler, Jr., Judge Concurrence/Nonconcurrence: See paragraphs 6 & 7 below PETITION TO WITHDRAW APPEARANCE 1. Petitioner is Linda A. Clotfelter, Esquire, (hereinafter "Petitioner") counsel of record for Felipe P. Rodriguez, III. 2. Respondent is Felipe P. Rodriguez, III (hereinafter "Respondent"), defendant in the above-captioned matter. 3. Petitioner has resolved all custody matters for Respondent. An Order of Court was entered on November 25, 2008, by the Honorable J. Wesley Oler, Jr., Judge, following the status conference that was held on November 21, 2008. 4. On several occasions, Petitioner has not been able to make contact with Respondent due to incorrect contact information. 5. Petitioner mailed correspondence dated January 12, 2009, with a Withdrawal of Appearance asking Respondent to enter his appearance Pro Se, but it was not deliverable. 6. Opposing counsel, Jessica C. D. Holst, Esquire concurs with this request. 7. Respondent does not concur with this request. 8. Withdrawal of Petitioner's appearance in this matter on behalf of Felipe P. Rodriguez, III can be accomplished without material adverse effect on the interests of Felipe P. Rodriguez, III. See Rules of Professional Conduct 1.16(b). WHEREFORE, Petitioner respectfully requests the Court grant her leave to withdraw her appearance on behalf of Felipe P. Rodriguez, III and terminate her representation of Felipe P. Rodriguez, III. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: /Al T Att rney I.D. 72963 50 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile DIANA M. SHEAFFER, Plaintiff VS. FELIPE P. RODRIGUEZ, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7490 : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this h lay of March, 2009, the undersigned hereby certifies that a true and correct copy of the foregoing PETITION TO WITHDRAW APPEARANCE was served upon the opposing party by United States First Class Mail, postage prepaid: Jessica C.D. Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Felipe Rodriguez, III 1418 Brdley Drive Apartment E-211 Carlisle, PA 17013 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Linda- A. Clotfelter, Esquire -] A orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant `:.r ?., ..?_ ;? _ ??, , c? G _-- c>? ?,? DIANA M. SHEAFFER, Plaintiff V. BY THE COURT, FELIPE P. RODRIGUEZ, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7490 CIVIL TERM ORDER OF COURT AND NOW, this 1St day of April, 2009, upon consideration of the Petition To Withdraw Appearance, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. v Jessica C.D. Holst, Esq. MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Attorney for Plaintiff ZLinda A. Clotfelter, Esq. 5021 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Defendant elipe Rodriguez, III 1418 Bradley Drive Apt. E-211 Carlisle, PA 17013 :rc eo 6 ES rn:3 t ) ///k?' I iol J. e Oler, ., J . 64 =l t W i - SJV 6002 ;'.ja DIANA M. SHEAFFER, Plaintiff VS. FELIPE P. RODRIGUEZ, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7490 : CIVIL ACTION - LAW : IN CUSTODY Prior Judicial Assignment: J. Wesley Oler, Jr., Judge Concurrence/Nonconcurrence: See paragraph 3 below PETITIONER'S MOTION TO MAKE RULE ABSOLUTE 1. On March 30, 2009, Petitioner, Linda A. Clotfelter, Esquire, filed a Petition to Withdraw Appearance and on April 1, 2009 a Rule was issued upon Defendant to show cause why the relief requested should not be granted. 2. On April 2, 2009, Petitioner served Defendant with the Rule to show cause on the Petition to Withdraw Appearance and Terminate Representation as Defendant's Counsel. 3. As per the Rule dated April 1, 2009, the 14-day return date has passed without answer by Defendant, and Petitioner now seeks to have the Rule made absolute. WHEREFORE, Petitioner respectfully requests the Court to make the Rule absolute and to grant her permission to withdraw as counsel for Defendant, Felipe Rodriguez, III, in the above-captioned proceeding. Dated: LAW FIRM OF LINDA A. CLOTFELTER V Li da A. Clotfelter, Esquire, Petiti preme Court I.D. No. 72963 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 786-1933 facsimile i : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7490 : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this Wklday of June, 2009, the undersigned hereby certifies that a true and DIANA M. SHEAFFER, Plaintiff VS. FELIPE P. RODRIGUEZ, III, Defendant correct copy of the foregoing PETITIONER'S MOTION TO MAKE RULE ABSOLUTE was served upon the opposing party by United States First Class Mail, postage prepaid: Jessica C.D. Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Felipe Rodriguez, III 1418 Bradley Drive Apartment E-211 Carlisle, PA 17013 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER By: L da A. Clotfelter, Esquire, Petiti orney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile . Cw OF THE* i''? "I"'I"I'?TARY 2004 jUL -2 Ali 11: 14 3 : , ; IM I` JUL 0 6 2009 ` DIANA M. SHEAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-7490 FELIPE P. RODRIGUEZ, III, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER AND NOW this day of J ti I , 2009, upon consideration of the Motion to Make Rule Absolute filed in this matter on the Petition to Withdraw Appearance filed by Linda A. Clotfelter, Esquire, it is hereby ORDERED and DECREED that said Motion is granted and that Linda A. Clotfelter's appearance in this proceeding on behalf of the Defendant, Felipe P. Rodriguez is hereby terminated. BY THE COURT: Distribution: ./inda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050, Attorney for Defendant *4-e"'ssica C.D. Holst, Esquire, MidPenn Legal Services, 401 E. Louther Street, Carlisle, PA 17013, Attorney for Plaintiff /lipe Rodriguez, 1418 Bradley Drive, Apt. # E-211, C lis e, PA 17013 J ? FILE r ,n )`f,T'1V !? y ; i 2009 JUL W.8 PH 2: ' 1 s UU114 . "' 140V r 4 2008 6 (2) 7 .ft , A DIANNA MAE SHEAFFER, Plaintiff V. FELIPE PETE RODRIGUEZ, III, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7490 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this 2 5 day of November 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court regarding the above-captioned matter are hereby VACATED. 2. Legal Custody: The Father, Felipe Rodriguez, and the Mother, Dianna Sheaffer, shall have shared legal custody of Javan Rodriguez, born 4/17/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Mother and the Father shall share physical custody of Javan on a week on/week off basis from Sunday 7:00 pm until the following Sunday at 7:00 pm. The non- custodial parent shall pick the Child up at the other parent's residence on Sunday at 7:00 pm. The parties may alter said schedule/arrangements by mutual agreement. 4. Holidays: The parties shall arrange holidays pursuant to the attached holiday schedule absent mutual agreement otherwise. 5. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 6. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 7. Any individual transporting the subject Child shall be properly licensed, not under the influence of alcohol or non-prescribed controlled substances and shall use appropriate child restraints. 8. Each parent shall have one week (seven consecutive days) of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time :,rrr,.,J E :0111 90 ON Gool JIJ and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. Should the requesting party's vacation take place during the other party's custodial period, the non-vacationing party shall be entitled to a "make-up" custodial period the following week. The parties may expand this vacation time by mutual agreement. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: Linda Clotfelter, Esq. Jessica Holst, Esq. John J. Mangan, Esq. By the Court, HOLIDAYS AND SPECIAL DAYS TIlVIIJS ODD YEARS EVEN YEARS Easter Da 1 S Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father -Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1 S Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2 Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day 1 From 9 am until 9 m Mother Mother Father's Day I From 9 am until 9 m Father Father V . r DIANNA MAE SHEAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FELIPE PETE RODRIGUEZ, III, Defendant Prior Judge: J. Wesley Oler, Jr., J. No. 07-7490 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Javan Rodriguez 4/17/06 Primary-Mother 2. An Order of Court was issued on December 31, 2007 regarding a petition for special relief, a Conciliation Conference was held with regard to this matter on January 16, 2008, an Order was issued March 8, 2008, an updated conference was held July 29, 2008, an Order issued August 1, 2008 and a status conference was held November 21, 2008 with the following individuals in attendance: The Mother, Dianna Sheaffer, with her counsel, Jessica Holst, Esquire The Father, Felipe Rodriguez, III, Linda Clotfelter, Esq. 3. The parties agreed to the entry of an Order in the form as attached. -Z Z Date John J an, Esquire Custody Conciliator Dianna M. Sheaffer, Plaintiff V. Felipe P. Rodriguez, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , n c c, CIVIL ACTION - LAW m IN CUSTODY u -0m NO. 07 - 7490 CIVIL TERM rte--- oct =-n XC) z: C-: rv r Fj C) r-n PETITION TO MODIFY CUSTODY ORDER; ' 73 The petition of Dianna Sheaffer, by her attorneys, the Family Law Clinic, respectfully represents that on November 25, 2008, an Order of Court was entered for custody of Javan Rodriquez, born April 17, 2006, a true and correct copy of which is attached. Under the existing Order, Mother and Father share legal and physical custody of the child. Shared physical custody shall be exercised on a week on/week off basis from Sunday 7:00 pm until the following Sunday at 7 p.m. 2. This Order should be modified because: a. The child, who is 4 years old, will be starting school in the fall of 2011 and the current order will no long be practical. b. Father has not been exercising his periods of partial custody and has been arbitrary is his decision to spend time with the child since the child's birth. c. Upon information and belief, Father does not have a current driver's license and cannot transport the child to or from school. d. Upon information and belief, Father does not have a permanent residence at this time and does not have a residence to take the child when he exercises his rights of custody. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and limit Father's periods of physical custody because it will be in the best interest of the child. Date: 4(S 1 11 *Kell al Intern M. PLACE ROBER E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ianna Sheaffer DIANNA MAE SHEAFFER' W?NKV? I 140V Z 4 2008 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. • No. 07-7490 CIVIL, ACTION LAW FELIPE PETE RODRIGUEZ, III, Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. U ORDER OF COURT AND NOW this 2 5' da Conciliation R 4 y of November 2008, upon consideration of the eport, it is Ordered and Directed as follows: attached Custody 1 • The Prior Orders of Court regarding the above-captioned matter are hereby VACATED. 2• Leal Custody: The Father, Felipe Rodriguez shared legal Custody of Javan Rodri ' and the Mother, Dianna Sheaffer, s to make all y BIZ, born 4/17/2006. Thep es hall have major non-emergency decisions affecting the Cad's garti shall an eneral well-being have equal right but not limited to, all decisions regarding including terms of 23 Pa.C.S. §5309, each ding his health, education and religion. ' Parent shall be entitled to all r Pursuant to the information Pertaining to the Child including, but not limited to, medical, dental, ords lidglFo or school records, the residence address of the Child and of the other parent. To the extent possession of any such records or informatio one parent has or copies thereof, with the other anent win, that parent shall be required to share the same Parent within such reasonable time as to make the reco and information of reasonable use to the other parent. rds 3• Physical Custody: The Mother and the Father shall Javan on/week off basis from Sunday 7:00 pm until thllOw ne physical custody of pnL. The on a week custodial parent shall pick the Child up at the other parents ressiideIICe at on Sunda The non- The parties may alter said schedule/arrangements by mutual y at 7:00 pm, agreement. 4• Hoida.,vs: The parties shall arrange holidays pursuant to the attached holiday schedule absent mutual agreement otherwise. 5. Dig any periods of custody or visitatio substances or consume/be parties shall not possess or use illegal under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent members and/or house guests comply with this provision. possible, that other household 6. The non-custodial Child. parent shall be entitled to have reasonable liberal telephone contact with the 7 Any individual transporting the subject Child shall be properly lice of alcohol or non prescribed controlled substances and shall use aPPropnatet chunder ild restras ence 8• Each parent shall have One week (seven consecutive days) of vacation The requesting parent shall give the other parent 30 days advance otice f the e Cad per year. requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the choice of vacation, prior to d per' first providing written notice shall have the eparture, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which the can be reached during their vacation. Should the r ue ? other party's custodial ? Party's vacation take place during the custodial period, the non-vacationing part' shall be entitled to a "make-up" agreement period the following week. The parties may expand this vacation time by mutual 9• Neither party may say or do anything nor permit a third Party to do or say anything estrange the Child from the other Y Y?g that may or may hamper the free and party, or injure the opinion of the Child as to the other party, Party. To the extent natural development of the Child's love or affection for the other possible, both parties shall not allow third parties disparage the other Parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other practicable after the emergency is handled. Parties as soon as 11. This order's entered pursuant to a Custody Conciliation Conference. The the provisions of this Order by mutual consent. In the absence re mutual consent may modify this Order shall control. t; the terms of By the Court, ls/ y, lr?LD ?/? /_ J. Distribution: Linda Clotfelter, Esq. Jessica Holst, Esq. John J. Mangan, Esq. TRUE COPY FROM RE Rv Testimony whereat, I here unto set my ham the Beal of said Court at Carlisle, P& 1i - •2.4 M I L HOLEDAYS TIM A ES SP ECIAL D YS ODD EVEN Easter Da 1 Half From 9 am until 3 m YEARS YEARS Easter Da 2 Half From 3 m 9 m until Father Mother Memorial Da - From 9 am until 9 MO?? Father Independence Da From 9 am until 9 Mother Father Labor Da m From 9 am until 9 Father Mother Halloween m From one hour before trick Mother Father or treating to one hour after trick or Father Mother treatin Thanksgiving Half lf 1 From 8 am Thanksgiving Day to 2 Fath Thanksgiving 2 m on Thanks 'vin Da F er Mother half rom 2 pm on Thanksgiving Day to noon the da after Thanks Mn Mother Father Christmas 1 Half Da From noon on 12/24 to noo n on 12/25 Father Mother Christmas 2 Half From noon on 12/25 to noo n on 12/26 MOB Father New Year's From 6 pm 12/31 until noon January St Moth 1 (with the 12/31 year to control e er Father t s Mothers Da determination Father's Da From 9 am until 9 m From 9 am until 9 Mother Mother m Father Father DIANNA MAE SHEAFFER, Plaintiff V. FELIPE PETE RODRIGUEZ, a Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7490 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCII,IATION SKAUKARY REPORT W ACCORDANCE MM CUMBERLAND COUNTY RULE OF 1915.3-8(b), the undersigned Custody Conciliator submits the following report CIM PROCEDURE 1 • The pertinent information pertaining to the Child who is the subject of this li tigation is as follows: Name Date of Birth Javan Rodriguez 4/17/06 Currently in the Custody of Primary-Mother 2. An Order of Court was issued on December 31, 2007 regarding a petition for special relief, a Conciliation conference was held with regard to this matter on January 16, 2008, an Order was issued March 8, 2008, an updated conference was held July 29, 2008, an Order issued August 1, 2008 and a status conference was held November 21, 2008 with the following individuals in attendance: The Mother, Dianna Sheaffer, with her counsel, Jessica Holst, Esquire The Father, Felipe Rodriguez, III, Linda, Clotfelter, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J M. Esquire Custody Conciliator Dianna M. Sheaffer, Plaintiff V. Felipe P. Rodrigues Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 07-7490 CIVIL C7 C ev ?` 3 ? C rn - =rn z? = - M TERM <A cn acv n o b r3 S{ ?rn PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Dianne M. Sheaffer, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Af5, l T Respectfull ubmitted, Kelly s Cert a Legal Intern "\?\ 4-;ec'? THO M M- L4/ PLACE ANNE MA DONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Dianna M. Sheaffer Plaintiff, v. Felipe P. Rodriguez, III Defendant. No. 07-7490 IN CUSTODY WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: C-) r.a z z;0 r- 'ern C ?y om D '° C t .] >n "o 3 Q . :zp CD, C)rn < _j Kindly withdraw my appearance of attorney of record for the Plaintiff, Dianna M. Sheaffer, in the above-named matter. submitted by: 3.3.1/ Date MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Kindly enter my appearance as attorney of record on behalf of the Plaintiff, Dianna M. Sheaffer, in the above-named matter. 5I D to Respectfully submitted by: Kell s Ce fied Legal Intern ANN AC LNA THOMAS M. PLACE THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-296 (717) 243-3639 DIANNA M. SHEAFFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7490 CIVIL ACTION LAW = ° _ MW Zrn 3i 'G ?r a FELIPE P. RODRIGUEZ Nf' r- IN CUSTODY DEFENDANT rr --4c) • D C2 o--nn a ORDER OF COURT AND NOW, Friday, April 08, 2011 upon consideration of the attach ed Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 17, 2011 at 2:30 PM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ohn . Man an r. Es q. 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 C ? F 32 South Bedford Street Carlisle, Pennsylvania 17013 (?c Telephone (717) 249-3166 F' f ` a: f r_?.LJ"0 is f Dianna M. Sheatt6r, Plaintiff 2r'! 1 DEC 19 Phi 12: 51 V. CUMBERLAND COUON FY PENNSYLVANIA Felipe P. Rodriquez, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY CIO NO. 07 - 74x9 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 10 day of n 1 U4 _, 2011, between Dianna Sheaffer, hereinafter Mother, and Felipe Rodriquez, hereinafter Father, concerns the custody of their child: Javan Rodriguez, born April 17, 2006. Mother and Father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following. 1. Mother and Father shall share legal custody of the child. 2. Mother and Father shall have shared physical custody of the child. 3. Mother will have custody of the Child every Sunday from 8:00 p.m. to Friday at 6:00 p.m. 4. Father will have custody of the Child every Friday from 6:00 p.m. to Sunday at 8:00 p.m. 5. Mother and Father will agree upon transportation of the Child during periods of partial custody. 6. Mother and Father will follow the holiday schedule contained in the November 25, 2008 Order. 7. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 8. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 9. Father acknowledges that the Family Law Clinic represented only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 10. Any modifications to this agreement must be in writing and signed by both parties. 11. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court, superseding all prior Orders entered in this matter. Dianne . Sheaffer, Plaintiff i o ez, De MICHAEL C. MULL Certified Legal Intern Counsel for Plaintiff W(JMASNI.PLACE vja, ? A T. MEGAN RTVSMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax(717)243-3639 g-?O- < < Date $-;1- /? Date h_u sS 10, 201( DatY a?O' l ??rSd ate Dianna M. Sheaffer, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY Felipe P. Rodriquez, Defendant NO. 07 - 7479 CIVIL TERM ACCEPTANCE OF SERVICE I accept service of the Custody Agreement. Datet ( ?Z - elipe R ez, Plainti Dianna M. Sheaffer, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY Felipe P. Rodriquez, Defendant NO. 07 - 7479 CIVIL TERM ACCEPTANCE OF SERVICE I accept service of the Petition to Modify Custody Complaint. Date Ro quez, Plai DIANNA M. SHEAFFER, PLAINTIFF V. FELIPE P. RODRIQUEZ, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7490 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 20th day of December, 2011, upon consideration of the attached Custody Agreement filed in the Prothonotary's Office on December 19, 2011, IT IS HEREBY ORDERED AND DIRECTED that the aforementioned agreement is now made an Order of Court and the parties shall be bound by the terms of the agreement. By the Court, M. L. Ebert, Jr., J. V Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 // Dianna Sheaffer - :I. -- - _ Plaintiff , F'IGO '= rl x"74 -' u n _ ' Felipe Rodriquez r cJ Defendant bas & pee Ana:??d la?al1/?