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HomeMy WebLinkAbout08-2067SEAN STEPHEN COLVIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- -2tx- 9 CIVIL TERM WENDY TONYA SHEAFFER, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Sean Stephen Colvin, hereinafter referred to as Father. Father resides at 247 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Wendy Tonya Sheaffer, hereinafter referred to as Mother. Mother resides at 815 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Father seeks periods of partial custody of the minor child: Name Present Residence Age Ciera Sheaffer 815 Factory Street 1. 14.97 DOB, 11 years old Carlisle, PA Ciera was born out of wedlock. Ciera is presently in the custody of Mother. During her lifetime, Ciera has resided with the following persons and at the following addresses: Name Address Date Sean Colvin Wendy Sheaffer Mr. & Mrs. Ron Sheaffer Travis Sheaffer 815 Factory Street Carlisle, PA birth - late 1/97 Wendy Sheaffer 815 Factory Street late 1/97 - present Mr. & Mrs. Sheaffer Carlisle, PA Travis Sheaffer (unknown child born 2003/2004) The parties are no longer in a relationship. 4. Mother resides with the following persons: Name Relationship Mr. & Mrs. Sheaffer Maternal Grandparents Travis Sheaffer Ciera's uncle Ciera Sheaffer Child with Sean Colvin Unknown Child Mother's child 5. Father currently resides with the following persons: Name Relationship Amber Colvin Wife Zachary Colvin Son Lucas Colvin Son 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Ciera in this or another court. When Father left for Basic Training in 1999, he signed a document granting Mother temporary custody for the dates during which he would be in Basic Training. There are no other known custody orders pertaining to Ciera. 7. Father has no information of a current custody proceeding concerning Ciera pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of Ciera or claims to have custody or visitation rights with respect to Ciera. 9. The best interest and permanent welfare of Ciera will be served by granting the relief requested for reasons including, but not limited to the following: a) Despite the end of the relationship between Father and Mother, Father tried to maintain contact with Ciera and develop a father/daughter relationship with her. b) Throughout Father's military service, including a tour in Kosovo, two tours in Iraq and stationing in Germany, Father has tried to maintain contact with Ciera through telephone calls, letters and visits during periods of leave. c) Father lives with his wife and two sons in a home that is a safe and nurturing environment in which to exercise periods of custody with Ciera. d) Father's family has had the opportunity to spend time with Ciera and they are willing and able to continue to develop a family relationship with her. e) Father is willing and able to care for Ciera during periods of partial custody and he is committed to re-establishing and nurturing a healthy father/daughter relationship with her. f) Father is willing to work with Mother to co-parent Ciera and will communicate with Mother to best serve Ciera's interests. g) Upon his release from the military, Father deliberately chose to settle in Carlisle, Pennsylvania to be close to Ciera and have a greater opportunity to re-establish his relationship with her. h) Mother is not acting in Ciera's best interest in ways including but not limited to the following: i) Mother is arbitrary in deciding when Father can visit with Ciera. ii) Mother has frequently changed her telephone number without providing the new contact information, making it difficult for Father to maintain contact with Ciera, especially while overseas. iii) With the exception of a visit in February 2008, Mother has restricted Father's visits with Ciera to Mother's house but has made no explanation for her perceived need for such supervision. iv) Mother has not permitted Father to have reasonable telephone contact with Ciera. Father's calls have gone unanswered, messages are unreturned, or the telephone is hung up upon answering. These issues persisted even when Father tried to call Ciera while overseas. v) Mother has deliberately acted in a manner to interfere with, if not prohibit, Father from re-establishing his relationship with Ciera. 11. Every person with rights to custody or having actual physical custody of Ciera has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of Ciera. 2) Grant Mother primary physical custody of Ciera. 3) Grant Father periods of partial custody with Ciera. 4) Establish a holiday schedule to ensure that both parents are able to celebrate with Ciera. 5) Grant the non-custodial parent reasonable telephone contact with Ciera when she is in the custody of the other parent. 6) Any further relief that this Court finds to be just and proper. Respectfully submitted, Yid ca olst, Esquire Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, SEAN STEPHEN COLVIN, 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: Sean Stephen Colvin SEAN STEPHEN COLVIN, IN THE COURT OF COMMON PLEAS OF Plaintiff V. WENDY TONYA SHEAFFER, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Wendy Tonya Sheaffer with a Complaint For Custody on -Api, I I , 2008 by certified mail, return receipt, restricted delivery, to the person and addresses below: Wendy Tonya Sheaffer 815 Factory Street Carlisle, PA 17013 Date: ?? • , p Signature: A-Ac C SEAN STEPHEN COLVIN, Plaintiff V. WENDY TONYA SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 24(.7 CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Sean Stephen Colvin, Plaintiff, to proceed in forma au pens. 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. 111. Jesfcd Hoist, Esquire Mi Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 -- - 3 i rlQ ., C7:1 .4, SEAN STEPHEN COLVIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2067 CIVIL ACTION LAW WENDY TONYA SHEAFFER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 08, 2008 , 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 Thursday, May 01, 2008 at 1:30 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/ john . Mangan, r. 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 447 -,-egg 8 q :Z Wd 8- ddv Boot moo- ? -? -5 d .? A8ViC 3 4 JOL .. SEAN S. COLVIN, Plaintiff V. WENDY T. SHEAFFER, Defendant Prior Judge: J. Wesley Oler, J. lime IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2067 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this Z day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The custody complaint docketed at 08-2067 is hereby CONSOLIDATED with the civil docket number 97-651. All subsequent filings in regard to this matter shall be filed under the 97-651 docket number. 2. The prior Orders of Court dated May 14, 1997 and April 9, 1999 docketed at 97-651 are hereby VACATED. 3. Legal Custody: The Father, Sean Colvin, and the Mother, Wendy Sheaffer, shall have shared legal custody of Ciera Rayne Sheaffer, born 01/13/1997. 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 her 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. 4. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing 5/24/08, Father shall have physical custody of the Child every Saturday from 12:00 pm until 6:00 pm. The custody exchange location shall be as agreed by the parties. Father's physical custodial periods with the Child may be altered or expanded as mutually agreed or in the best interest of the Child. b. Father shall have additional periods of physical custody as the parties may agree. 5. Holidays: Major holidays with the Child shall be alternated or arranged between the parents as mutually agreed upon. 6. 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 i { `:..: L 1... I .?. C\j E LU -y ' Ca C7.. Cv 09- parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. Telephone Contact: Telephone contact between the Child and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 9. It is specifically understood that Father's custodial periods with the Child are to be used to re- establish his relationship with the Child and that Ciera is not to be the baby-sitter of Father's other child(ren). 10. 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. It. A status-update conference is hereby scheduled for July 21, 2008 at 10:00 am at the Court of Common Pleas, Carlisle, PA 17013. Distribution: ?'?homas Williams, Esq. J ssica Holst, Esq. ?John J. Mangan, Esc. ES rn. L c LECL `/Z/ By the Court, SEAN S. COLVIN, Plaintiff V. WENDY T. SHEAFFER, Defendant Prior Judge: J. Wesley Oler, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2067 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 Ciera Sheaffer 1/14/1997 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 20, 2008 with the following individuals in attendance: The Father, Sean Colvin, with his counsel Jessica Holst, Esq. The Mother, Wendy Sheaffer, with her counsel, Thomas Williams, Esq. 3. The Honorable J. Wesley Oler entered Orders of Court dated May 14, 1997 and April 9, 1999 under the docket number 97-651 in regard to the instant matter. 4. The parties agreed to the entry of an Order in the form as attached. Dater D r ??{'