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HomeMy WebLinkAbout08-3729DOROTHY BEVINS and IN THE COURT OF COMMON PLEAS STEWART BEVINS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. Nocl-3729 Civil Term JONATHAN BEVINS and ACTION IN CUSTODY SHAYLA ZALEWSKI, Defendants CUSTODY COMPLAINT 1. Plaintiffs are Dorothy Bevins and Stewart Bevins, (hereinafter referred to as "Grandparents") who currently reside at 200 N. Middlesex Road, Carlisle, Cumberland County, Pa. 17013. 2. Plaintiffs are the paternal grandparents of Hayden Ignacio Bevins, (hereinafter referred to as "Child"), born October 9, 2005. 3. Defendant, Jonathan Bevins, (hereinafter referred to as "Father"), is the natural Father of the child. He resides at 365 N. Hanover St., Carlisle, Pa. 17013. 4. Defendant, Shayla Zalewski, (hereinafter referred to as "Mother"), is the natural Mother of the child. She resides at 16 E. McClure St., Apt #4, New Bloomfield, Pa. 17068. 5. Plaintiffs are the paternal grandparents of the child, and seek a custody order regarding the following child: NAME DOB/AGE ADDRESS Hayden Ignacio Bevins 10/9/05 365 N. Hanover St., Carlisle, Pa. 17013 Mother and Father were never married. The parties currently share physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME Dorothy and Stewart Bevins Jonathan Bevins Shayla Zalewski ADDRESSES DATES 200 Middlesex Road 10/9/05 - Nov. '06 Carlisle, Pa. 17013 Dorothy and Stewart Bevins Jonathan Bevins Dorothy and Stewart Bevins Jonathan Bevins Shayla Zalewski Dorothy and Stewart Bevins Shayla Zalewski 200 Middlesex Road Nov. '06 - Mar. '07. Carlisle, Pa. 17013 physical custody shared Mar. '07 -June '07. between residences of all parties. 200 Middlesex Road June '07 - Sept. '07 Carlisle, Pa. 17013 Jonathan Bevins 365 N. Hanover St. Sept. '07 - June '07. Bryanna Bevins, wife. Carlisle, Pa. 17013 (During this period, the parties had shared custody - child stayed overnights with dad and some weekends with grandparents). The mother of the child is Shayla Zalewski. She currently resides at 16 E. McClure St., Apt #4, New Bloomfield, Pa. 17065. The father of the child is Jonathan Bevins. He currently resides at 365 N. Hanover St., Carlisle, Pa. 17013. He lives with and is married to Bryanna Bevins. 4. The relationship of plaintiffs to the child is that of paternal grandparents. The plaintiffs have lived with the child in their home for a period of over one year. The plaintiffs currently reside with their son, Nathaniel Bevins, age 23. 5. The relationship of defendants to the child is that of Mother and Father. The defendants currently share physical custody of the child. The grandparents have also had custody of the child. 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 other than as follows: There is a current custody order regarding the child in Cumberland County under docket No. 06 -2154: however, the grandparents were not named as a party to that action. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state other than as listed above. Plaintiff does not know of a person not a party 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: Since birth, the child has lived with grandparents for a period of over one year. Grandparents are seeking a custody order which would provide them with periods of partial physical custody. Father is in agreement with this request This request would be in the best interest of the child because it would ensure regular and ongoing contact with the grandparents who have provided a great deal of care for the child since birth. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiffs request that the court enter a custody order regarding the child. Respectfully submitted, Date: K J Adams, Esquire . . No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFFS VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ? IP4 ILI ?- Date: 0 8-1 .i Dorothy- Bevins, Plaintiff r n ? 0 DOROTHY BEVINS AND STEWART IN THE COURT OF COMMON PLEAS OF BEVINS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3729 CIVIL ACTION LAW JONATHAN BEVINS AND SHAYLA ZALEWSKI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 30, 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 Tuesday, July 29, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Jacqueline M. Verne 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 1701.3 Telephone (717) 249-3166 o5 :z Hd oC mnr Booz :3Hi Elio JUL 3 0 2008 DOROTHY BEVINS and STEWART BEVINS, Plaintiffs V. JONATHAN BEVINS and SHAYLA ZALENSKI, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA/ NO. 2008-3729 CIVIL ACTION - LAW : IN CUSTODY Defendants SHAYLA ZALENSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2154 CIVIL ACTION-LAW JON BEVINS, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this k Sl day of A V % O 2008, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: The dockets at 2006-2154 and 2008-3729 are hereby consolidated. 2. The Order of Court dated May 10, 2005 is hereby modified as follows: 3. Paragraphs 3 and 4 of the Order of Court dated May 10, 2005 are hereby vacated and replaced with the following. A. Mother shall have physical custody of the child every Sunday, Monday and Wednesday overnights at times agreed by Mother and Father. B. Father shall have physical custody of the child every Tuesday and Thursday overnights at times agreed by the parties. C. Mother, Father and paternal grandparents shall alternate weekends every three weekends with Father having the first weekend, Friday, August 1, 2008 to Sunday, August 3, at times agreed by Mother and Father. Paternal grandparents shall have the next weekend from Friday at 4:15 p.m. to Sunday at 5:00 p.m. Mother shall have the next weekend from Friday to Sunday at times agreed by Father and Mother. D. The weekend schedule shall continue to alternate thereafter on the following rotation: Father, Grandparents and Mother. 5 fi • , H °- l Fj 11304 4. Receiving party shall transport for Grandparents' weekend custodial periods. 5. All other provisions of the Order of Court dated May 10, 2005 shall remain in full force and effect. 6. 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, M.L. Ebert, Jr., J. cc: ;ane Adams, Esquire, Counsel for paternal grandparents /Jonathan Bevins, pro se 365 N. Hanover Street Carlisle, PA 17013 ?Shayla Zalewski, pr se 16 E. McClure Street Apt #4 New Bloomfield, PA 17068 Copits' m?tiLL DOROTHY BEVINS and : IN THE COURT OF COMMON PLEAS OF STEWART BEVINS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2008-3729 CIVIL ACTION - LAW JONATHAN BEVINS and SHAYLA ZALENSKI, : IN CUSTODY Defendants SHAYLA ZALENSKI, Plaintiff V. JON BEVINS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-2154 CIVIL ACTION-LAW : 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 Hayden Ignacio Bevins October 9, 2005 shared between Mother & Father 2. A Conciliation Conference was held in this matter on July 29, 2008, with the following in attendance: The paternal grandparents, Dorothy Bevins and Stewart Bevins, with their counsel, Jane Adams, Esquire, the Father, Jonathan Bevins, pro se and Mother, Shayla Zalewski, pro se. 3. A prior Order of Court was entered by the Honorable M.L. Ebert, Jr. dated May 10, 2005 at docket No. 2006-2154, providing for shared legal custody and shared physical custody by the parents. 4. The parties agreed to an Order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator