HomeMy WebLinkAbout04-1586NATHAN C. WOLF, ESQUIRE
A~JCORNE~ ID NO. 87380
37 SOUTH HANOVER STREET
CARLISLE PA 17013
('/1'/) 241~36
ADRIAN D. SHEAFFER,
Plaintiff
ORVILLE C. HARDY, III
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CML ACTION - LAW
:NO. 04o /~"~{. CIVILTERM
: IN CUSTODY
COMPLAINT FOR CUSTODY
NOW comes the Plaintiff, Adrian D. Sheaffer, byher attorney, Nathan C. Wolf, Esquire, and
respectfullyrepresents as follows:
1.) Plaintiff is Adrian D. Sheaffer, {hereinafter "Mother"), the phintiff in the above captioned
matter who resides at 20 East Street, Number 8, Mt. Holly Springs, Cumberland County, Pennsylvania,
17065
2.) Defendant is Orville C Hardy, III, (hereinafter, "Father"), the defendant in the above
captioned matter who resides at SCI Somerset, 1600 Walters Mill Iix>ad, Somerset County,
Pennsylvarfia, 15510.
3.) Plaintiff seeks an order corrfimaing custodyof the following child:
Dillon Nathaniel Hardy
Present Residence Age
20 East Street, # 8 2 years
Mt. HollySprings, PA 17065 DOB 3/17/2002
4.) Plaintiff and defendant are the natural parents of the child.
5.) The child was bom out of wedlock.
6.) The child is presently in the custody ofplaintiffand has resided with plaintiffsince his
birth.
7.) The parties have never been married.
8.) The mother of the child is currently single.
9.) The father of the child is currently single.
10.) Plaintiff has not participated as a party or wimess, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
11 .) Plaintiffhas no information of a custody proceeding concerning the child pending in
a court of this Commonwealth or any other state.
12.) 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.
13.) The best interest and permanent welfare of the child will be served by granting the
relief requested herein because the defendant has not had a meaningful relationship with the child
other than occasional and sporadic visits when Mother would take the child to visit Father who has
been incarcerated since approximately ten (I 0) days following the child's birth.
14.) Plaintiffhas paid support for the care and maintenance of the child since shortly after
the child's birth.
15.) Upon information provided to Plaintiffby Defendant, Defendant will not be eligible
for parole before July 2006.
16.) Defendant has demanded that Plaintifftravel two hours each direction to SCI
Somerset so that Defendant may see the child.
17.) Plaintiffbelieves that it is unreasonable for Defendant to make such demands and
Plaintiff does not have the financial resources, nor the opportunity to make such visits.
18.) Since Plaintiffinformed Defendant that she would not bring the child to the prison,
Defendant has written harassing and threatening letters to the Plaintiff, which include threats to
remove the child fi.om Plaintiff's custody upon Defendant's release fi.om prison.
19.)
child.
Plaintiffmaintains a stable household and environment within which to raise the
20.) Plaintiffperrnits the child to visit with his paternal aunt and her children so that the
child may have a relationship with his father's family.
21.) Plaintiff is gainfully employed in Cumberland County and has sufficient means to
care for the welfare of the child.
WHEREFORE, for the reasons set forth herein, plaintiff, Adrian D. Sheaffer, respectfully requests
that the Court enter an order confirming legal and physical custody of the child to the plaintiff.
April/~, 2004
Respectfully submi~ed,
Atto~-ey/~6r Plaintiff
37 So51~f Hanover Street, Suite 201
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 87380
VERIFICATION
I do herebyverifythat I am the plaintiff in the foregoing action and that the facts set forth in
this complaint are true and correct to the best of my information and belief. ! understand that false
statements herein are made subject to the penalties of 18 Pa. GS. Section 4904, rehting to unswom
falsification to authorities.
Add~m D. She~er
ADRIAN D. SHEAFFER :
PLAINTIFF :
ORVILLE C. HARDY, III
:
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-1586 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, April 16, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear bdbre ltubert X. Gilroy, Esq. _, the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 20, 2004 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be I~resent at the conference. Failure to al31~ear 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/
Hubert X. Gilro3~ Esq.
Custody Conciliator
mhc
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabihtes 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 beibre 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
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET
CARLISLE PA 17013
ATTORNEY FOR pLAINTIFF
ADRIAN D. SHEAFFER,
Plaintiff
Vo
ORVILLE C. HARDY, III
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CML ACTION - I.~[W
:
: NO. 04 - 1586 CIVIL TERM
: IN CUSTODY
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this~O day of
,2004, by and between Orville C. Hardy, III (hereinafter referred to as "Father")
and Acl~'an D. Sheaffer (hereinafter referred to as "Mother").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the Father and Mother are the parents of one minor child, namely, Dillon
Nathaniel Hardy (age 2 yeats, bom March 17, 2002) (hereinafter referred to as "child"); and,
WHEREAS, Mother initiated the instant action in custody by complaint filed April 13, 2004
at the above term and number, and,
WHEREAS, the parties wish to enter into a custody agreement rehtive to the custodyof
the child; and,
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as
follows:
The parties shall have joint legal custody of the rainor child.
B. The Mother shall have primary physical custody of the child.
C. The Father shall have periods of visitation with the child from time to time upon the
mutual agreement of the pardes.
D. The parties shall have reasonable telephone contact with the child while the child
is in the other's custody.
E. The parties shall keep each other advised immediately rehtive to any emergencies
concerning the child and shall further take any necessary steps to insure that the health, welfare and
well being of the child is protected.
F. The parties shall do nothing that may estrange the child from the other parties or
hinder the natural development of the child's love or affection for the other parties.
G. In the event of the breach of the agreement of the parties by any party, the
nonbreaching party shall have the right to file a petition for contempt of court and to seek specific
performance of the terms of the agreement of the parties. Ail costs, expenses and reasonable
attorney fees incurred bythe successful partyin any litigation to obtain an order of contempt or
specific performance of this agreement shall be recoverable as p~t of the judgment entered bythe
COllIE.
LL While the parties are free to modify the provisions of this stipulation by their mutual
and complete agreement, any substantial/permanent modification or waiver of any of the provisions
of the agreement of the parries shall be effective only if made in writing and only if executed with
the same formality of the agreement of the parties.
I. The Court of Common Pleas of Cumberland County has jurisdiction over these
issues and shall retain such jurisdiction should circumstances ckmge and any party desire further or
require further modification of said Order.
VERIFICATION AND
CONFIRMATION OF AGREEMENT
We do herebyverifTthat the acts set forth in this stipulati[on are tree and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904,
rehting to unswom falsification to authorities. Furthermore, bythe execution of this Confirmation,
we do each unequivocally express our mutual and voluntary agreement to the amicable custody
anangement provided above and request that the terms thereof be entered as an Order of Court
without the necessity of a custody conciliation, heating or other proceeding.
5' o~¢ 6/4/ ,2004
(SEAL)
ORVILI.~ C. HAR~, III
EAL)ADRIAN D. SHEAFFEW~
COMMONWEALTH OF PENNSYLVANIA:
:SS:
COUNTY OF :
On this, the g~day of__~l~_,~{~, 2004, before me, the undersigned officer, personally
appeared ORVILLE C. HARDY, III, kn4wn to me (or satisfacto:rily proven) to be the person
whose name is subscn'bed to the within instrument and acknowledged that he executed same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand ancl official seal.
~ Rotr~. Nota~/Puial~ I
8om~m~t T~o; 8omemet (~.,nty I Notary Public
I~ Oorr~t~lon, ~Xlaire$ FeD. L~, ~OOB
COMMONWEALTH OF PENNSYLVANIA:
:SS:
COUNTY OF CUMBERLAND :
On this, the ,,~(~day of /~dJ ,2004, before me, the undersigned officer, personally
appeared ADRIAN D. SHEAFFER, kndwn to me (or satisfactoriyproven) to be the person whose
name is subscribed to the within instrument and acknowledged that she executed same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
.CO/'&~4~TH O~ PENNSYLVANIA
embe~ ........y~l~t/~ ~ Of
Not~~'
(SEAL)
NATH&N C. WOLF, ESQUIRE
ATTORNEy ID NO. 87380
$? SOUTH HANOVER STREET
CARLISLE PA 17013
¢/17) 241-4436
ATTORNEY FOR PLAINTIFF
ADRIAN D. SHEAI~'FER,
Plaintiff
Vo
ORVILLE C. HARDY, III
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CML ACTION - LAW
:
: NO. 04 - 1586 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this [q~. daTof ~ ~h ~- ,2004 upon ]presentation and consideration of
the within complaint and the stipulation and agreement incorporated therein, and upon agreemem
of the parties, k is hereby ordered and decreed as follows:
A. The parties shall have joint legal custody of their minor child, (bom Dillon
Nathaniel Hardy, age 2).
B. The Mother shall have primary physical custody of the child.
The Father shall have periods of visitation with the child from time to time
upon the mutual agreement of the parties.
D. The parties shall have reasonable telephone contact with the ch/id while the
child is in the other's custody.
E. The parties shall keep each other advised iatmed/ately rehtive to any
emergencies concerning the child and shall further take any necessary steps to insure that the
health, welfare and well being of the child is protected.
F. The parties shall do nothing that may esuange the child from the other
parties or hinder the natural development of the child's ]love or affection for the other
parties.
G. In the event of the breach of the agreement of the parties by anyparty, the
nonbreaching party shall have the right to file a petition for contempt of court and to seek
specific performance of the terms of the agreement of the parties. Ail costs, expenses and
reasonable attorney fees incurred bythe successful partyin any litigation to obtain an order
of contempt or specific performance of this agreement s]hall be recoverable as part of the
judgment emered by the court.
H. While the parties are free to modify the provisions of this stipulation by their
mutual and complete agreement, any substantial/permanent modification or waiver of any
of the provisions of the agreement of the parties shall be effective only if made in writing
and onlyif executed with the same formality of the agreement of the pa~ies
I. The Court of Common Pleas of Cumberland County has jurisdiction over
these issues and shall retain such jurisdiction should cJ~cumstances change and any party
desire further or require further modification of said Order.
BY THE COURT,
?
o -o5
ADRIAN D. SHEAFFER,
Plaintiff
V
ORVILLE C. HARDY, III,
Defendant
JUN 0 3 2004~'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAdND COUNTY, PENNSYLVANIA
;
: CIVIL ACTION - LAW
:
: NO. 2004 - ]L586
: IN CUSTODY
CO~TO~ER
AND NOW, this ,),,_~ day of June, 2004, the Custody Conciliator being advised
that the parties have reached an agreement, the Conciliator relinquishes jurisdiction.
BY THE COURT,
Hubert X. Gil.r..oy, Esquire
Custody Conciliator