Loading...
HomeMy WebLinkAbout08-3404 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON SIEGFRIED, CIVIL ACTION Plaintiff vi. : TODD SIEGFRIED, CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Sharon Siegfried who currently resides at 10 Piper Court, Carlisle, Pennsylvania. 2. The defendant is Todd Siegfried who currently resides at 20 Honky Hollow Road, Duncannon, Pennsylvania. 3. The plaintiff is seeking custody of the following child: Name Residence Age Madelynn Mae Siegfried 10 Piper Court, Carlisle, PA DOB 7/24/07 10 mo. The child was not born out of wedlock. The child is presently in the custody of Todd Siegfried who resides at 20 Honky Hollow Road, Duncannon, Pennsylvania. The child is currently being wrongfully withheld from the plaintiff by the defendant. A separate Petition for Special Relief is being filed contemporaneously with this Complaint. During the past five years, the child has resided with the following persons and at the following addresses: (List all Persons) (List all Addresses) (Dates) Todd and Sharon Siegfried 10 Piper Court, Carlisle, PA Birth - Present The mother of the child is Sharon Siegfried, currently residing at 10 Piper Court, Carlisle, Pennsylvania. She is married. The father of the child is Todd Siegfried, currently residing at 20 Honky Hollow Road, Duncannon, Pennsylvania. He is married. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons other than child: None. 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Doris Siegfried Mother of defendant Scott Siegfried Brother of defendant Scott's two minor children Nephews of defendant 6. Plaintiff has not participated as a party or witness or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff (mother) has been the primary caregiver to the child since her birth. Defendant (father) is a known substance abuser and has been physically abusive to mother in the past. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. I WHEREFORE, plaintiff requests the court to grant her custody of the minor child. J . Coover, Esquire ey ID 923 85 1133 Pheasant Drive North Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON SIEGFRIED, CIVIL ACTION Plaintiff V. TODD SIEGFRIED, CUSTODY Defendant VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. c Sharon Siegfried Date: `lzsl \v J` V ?O -14 c? f _ t .._ N T I Sheri D. Coover, Esquire Attorney for Plaintiff Attorney ID 93285 1133 Pheasant Drive North Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON SIEGFRIED, CIVIL ACTION Plaintiff V. TODD SIEGFRIED, CUSTODY Defendant PETITION FOR SPECIAL RELIEF PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 1915.13 1. Plaintiff is the mother of minor child Madelynn Mae Siegfried, DOB July 24, 2007. 2. Plaintiff has been the primary caregiver to the above-mentioned minor child since her birth. 3. Defendant has moved in and out of the residence he shared with the plaintiff since the minor child's birth. 4. On May 29, 2008, plaintiff went to pick the defendant up at his mother's residence at 20 Honky Hollow Road, Duncannon, Pennsylvania . 1 46 (where defendant often resides when he moves out of plaintiffs residence) so that defendant could visit with plaintiff and the minor child. 5. When plaintiff arrived the defendant was drunk and immediately became verbally abusive toward the plaintiff. 6. The defendant took the minor child from the plaintiff and would not return the child to the plaintiff despite her relentless pleas to allow her to have the child. 7. The plaintiff left the residence without the minor child because she was fearful of the defendant who adamantly refused to return the minor child to her. 8. The plaintiff has attempted through the defendant and other avenues to have the child returned to her care, but has been unsuccessful. 9. It is in the best interest of the child to be immediately returned to the mother and for mother to be awarded sole temporary custody until a permanent order can be placed because: a. Mother has resided at the same address since the child's birth where she maintains a stable home for herself and the child and has been the primary caregiver to the minor child (age 10 mo.) since the child's birth; b. Father is a known substance abuser, who engages in the use of marijuana and alcohol on a daily basis; C. Father has not maintained a stable permanent address since the child has been born as he has moved in and out of mother's residence on over twenty occasions, lived with his mother periodically and stayed in motels at times; d. The manner in which Father took the child from Mother and is withholding the child from being returned to mother is clearly evidence that the Father is acting out of passion and emotion by using the child as a pawn to hurt Mother, which is not in the best interest of the child; e. Father has been verbally and physically abusive to Mother in the past, 'including incidents where he has been abusive in the presence of the minor child, including telling Mother that he is "going to kill her" and grabbing her around the neck; f. Father has been physically destructive to the plaintiff's property, including punching holes in the wall and breaking things while in the presence of the minor child; and g. Father smokes cigarettes with the minor child present, despite Mother's pleas for him not to do so. WHEREFORE, Plaintiff respectfully requests that this Court enter a temporary order for immediate custody and order the return of the minor child to the Plaintiff until further custody proceedings can be held. Respectfully submitted, eri D. Coover, Esquire Attorney ID 92385 1133 Pheasant Drive North Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney for Plaintiff Attorney ID 93285 1133 Pheasant Drive North Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facisimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON SIEGFRIED, CIVIL ACTION Plaintiff V TODD SIEGFRIED, CUSTODY Defendant VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Sharon Siegfried o 0 v Ott s. t:i? --S <___ ??, -?' ?..: ? ?t? N -„ _. ._°- t.. - _ . ? ,? ; . <; ' t - _ SHARON SIEGFRIED, PLAINTIFF V. TODD SIEGFRIED, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3404 CIVIL ORDER OF COURT AND NOW, this 2"d day of June, 2008, upon consideration of the Plaintiff's Petition for Special Relief pursuant to Pennsylvania Rule of Civil Procedure 1915.13, and it appearing that the Plaintiff has filed a complaint for custody in this matter, IT IS HEREBY ORDERED AND DIRECTED that temporary physical custody of the minor child shall be granted to the Mother, Sharon Siegfried, and that the minor child shall be returned to the Mother's care immediately pending custody conciliation hearing in this case. By the Court, M. L. Ebert, Jr., Sheri Coover, Esquire - Attorney for Plaintiff Todd Siegfried, Defendant 20 Honky Hollow Road Duncannon, PA 17020-9798 bas Oafy PER-sa,JzzC[y gjt)Sj IY G/??oS J. c Lam. a CZD N 0 SHARON SIEGFRIED IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TODD SIEGFRIED DEFENDANT 2008-3404 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 30, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be 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/ , jaequeline M. Verney, Es .r- 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 S tINV/fiuSNN3d AINM'"? " ° '3€1J 6C eZ WJ S- Nilr SQDZ 48VIONOHIC8d 3M dU 30P.:M.:nw JUL 01200$ SHARON SIEGFRIED, Plaintiff V. TODD SIEGFRIED, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3404 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 11% day of -S Jk_y , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 2, 2008 is hereby vacated. 2. The Mother, Sharon Siegfried and the Father, Todd Siegfried, shall have shared legal custody of Madelynn Mae Siegfried, born July 24, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: A. July 5, 12, 2008 from 1:00 p.m. to 7:00 p.m. B. July 6, 13, 2008 from 10:00 a.m. to 7:00 p.m. C. Beginning July 19, 2008 four consecutive weekends from Saturday at 1:00 p.m. to Sunday at 5:00 p.m. Mother shall be responsible for all transportation, unless otherwise agreed. 6. Mother shall have physical custody of the child one of Father's weekends to take the child on a family vacation. Father shall be entitled to makeup time as he requests. 7. Neither party may partake in alcohol or illegal drugs immediately prior to or during their periods of physical custody, and to the extent possible insure that third parties do not drink or use illegal drugs in the child's presence. Father shall continue with his Drug & Alcohol counseling and follow all recommendations of his counselor. 8. In the event that either party is in need of a babysitter for more then three hours, they shall contact the non-custodial parent and offer said time to them. 9. This Order is entered pursuant to an agreement of the parties at 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. Another Custody Conciliation Conference is scheduled for August 20, 2008 at 8:30 a.m. BY THE COURT, M.L. Ebert, Jr., J. c • he ' . Coover, Esquire, Counsel for Mother stin Reinhold, Esquire, Counsel for Father 4 vao ce4 M •.11 L OW961W - SHARON SIEGFRIED, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3404 CIVIL ACTION - LAW TODD SIEGFRIED, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Madelynn Mae Siegfried July 24, 2007 Mother 2. A Conciliation Conference was held in this matter on June 30, 2008, with the following in attendance: The Mother, Sharon Siegfried, with her counsel, Sheri D. Coover, Esquire, and the Father, Todd Siegfried, with his counsel, Kristin Reinhold, Esquire. 3. A prior Order of Court was entered by the Honorable M.L. Ebert, Jr., dated June 2, 2008 providing Mother with temporary physical custody. 4. The parties agreed to an Order in the form as attached. -7-1-ok Date Jacq6kine M. Verney, Esquire Custody Conciliator Al in 2 2 2008 Cz SHARON SIEGFRIED, Plaintiff V. TODD SIEGFRIED, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3404 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT '4h AND NOW, this 7.?o day of , 2008, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: The prior Order of Court dated July 7, 2008 is hereby vacated. 2. The Mother, Sharon Siegfried and the Father, Todd Siegfried, shall have shared legal custody of Madelynn Mae Siegfried, born July 24, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: A. Alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. Every Wednesday from 5:00 p.m. to 7:30 p.m. 5 5. Transportation shall be shared such that the receiving party shall transport. 6. Holidays: A. Thanksgiving shall be shared as agreed from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be shared as agreed from 9:00 a.m. to 3:00 p.m. and 3:00 P.M. to 9:00 P.M. D. Memorial Day, July 4th and Labor Day shall be alternated from 9:00 a.m. to 9:00 p.m. Father shall have Labor Day 2008. 7. Each party shall have a block of time with the child on her birthday. The parties shall have liberal telephone contact with the child. 9. Neither party shall do or say anything, or permit a third party from doing or saying 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. 10. This Order is entered pursuant to an agreement of the parties at 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. BY THE COURT, 1?k -? ? \ M.L. Ebert, Jr., J cs;-Keri D. Coover, Esquire, Counsel for Mother ;Xristin Reinhold, Esquire, Counsel for Father .1 'OP 011 ONU c,s : i { wv gz gnv aooz SHARON SIEGFRIED, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3404 CIVIL ACTION - LAW TODD SIEGFRIED, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Madelynn Mae Siegfried July 24, 2007 Mother 2. A Conciliation Conference was held in this matter on August 20, 2008, with the following in attendance: The Mother, Sharon Siegfried, with her counsel, Sheri D. Coover, Esquire, and the Father, Todd Siegfried, with his counsel, Kristin Reinhold, Esquire. 3. A prior Order of Court was entered by the Honorable M.L. Ebert, Jr., dated July 7, 2008 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. Date Jac line M. Verney, Esquire Custody Conciliator