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HomeMy WebLinkAbout09-1079IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ALISHA L. ESPENSHADE, Civil Action At Law---Custody Plaintiff, Case No. D 4- !b 9 9 &- z- VS. SHANE M. ESPENSHADE, SR., Defendant, COMPLAINT FOR CUSTODY 1. The plaintiff Alisha L. Espenshade., residing at 607 Good Hope Road, Mechanicsburg, 17050 in the County of Cumberland, Commonwealth of Pennsylvania, 2. The defendant is Shane M. Espenshade, Sr., currently residing at 175-A 7t" Street, New Cumberland, 17070 in the County of Cumberland, Commonwealth of Pennsylvania, 3. Plaintiff seeks custody of the following child: Name Address DOB Ase Shane M. Espenshade, Jr. same as mother's 10/13/2004 4 years 4. The child was born within the bonds of matrimony. 5. The child alternates custody as between plaintiff and defendant with plaintiff residing at 607 Good Hope Road, Mechanicsburg, 17050 in the County of Cumberland, Commonwealth of Pennsylvania, 6. Since August of 2007 the child has resided with the Mother at 607 Good Hope Road, Mechanicsburg, 17050 in the County of Cumberland, Commonwealth of Pennsylvania, 7. The biological mother of the child is Alisha L. Espenshade, who currently resides at 607 Good Hope Road, Mechanicsburg, 17050 in the County of Cumberland, Commonwealth of Pennsylvania. 8. The mother has been separated from the father since May 1St of 2006, and is currently divorced from the same. 9. The father of the child is Shane M. Espenshade, Sr. and he is currently residing at 175-A 7t" Street, New Cumberland, 17070 in the County of Cumberland, Commonwealth of Pennsylvania, 10. The father is separated and remains divorced from the mother. 11. The relationship of the plaintiff to the child is that of a biological Mother. The Plaintiff currently resides with the following persons: Name Relationship Shane M. Espenshade, Jr. Son Eric Jones Fiance Egan Jones Step-son 12. The 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. 13. The plaintiff has no other information of a custody proceeding concerning the child Pending in a Court or any other court in the commonwealth. 14. The best interest and permanent welfare of the child will be served by Granting the relief requested because: (a) The mother has and can continue to provide a stable, predictable and permanent environment for the child within which the child will have a sense of stability and predictability with regard to his residence. (b) The plaintiff mother, has been, and continues to be the primary provider and caregiver of the child from May 1 S` of 2006 to date. (b) The mother has and continues to provide all necessities relative to his emotional, physical, and psychological needs and provides a stable, predictable, and consistent home environment wherein the child feels a sense of comfort and permanency. (c) The father has had a pattern of transient residences moving four times within a two year period. (d) The father while the child is in his custody cannot provide reasonable accommodations for the child in that the child and the father have both slept on the floor on a mattress. (e) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle which will be in the best interest of the child during his formative years and throughout his life. w WHEREFORE, Plaintiff, Alisha L. Espenshade, respectfully requests for the aforementioned reasons, that the court grant and award her primary physical custody of the child Shane M. Espenshade Jr. Dated GREGORY S. HAZLETT Gy?go S. H?squire 7 est Main Street echanicsburg, PA. 17055 Phone: (717) 790-5500 VERIFICATION I verify that the statements made in this 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: Alisha L. Espen, laintiff W r- CJ ALISHA L. ESPENSHADE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1079 CIVIL ACTION LAW SHANE M. ESPENSHADE, SR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 27, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 26, 2009 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/ Dawn S. Sunda Es T. 116 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 . w4p z ?w W rl ?,J 1 e MAR 2, 7 2000 ?7 ALISHA L. ESPENSHADE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2009-1079 CIVIL ACTION LAW SHANE M. ESPENSHADE, SR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3% Sk day of t\ AY & , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Alisha L. Espenshade, and the Father, Shane M. Espenshade, Sr., shall have shared legal custody of Shane M. Espenshade, Jr., born October 13, 2004. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. Until June 1, 2010, the parties shall share having physical custody of the Child in accordance with the following schedule: The parties shall alternate having custody of the Child on weekends from Friday after preschool through Monday at the beginning of preschool. The Mother shall have custody from Monday after preschool through Tuesday at the beginning of preschool. The Father shall have custody from Tuesday after preschool through Wednesday at the beginning of preschool. The Mother shall have custody on Wednesday after preschool through Thursday at the beginning of preschool. The Father shall have custody from Thursday after preschool until Friday at the beginning of preschool. ?? ? ?; ?'? ! ? ?l?W 6Qdl J The parent who is transporting the Child to preschool at the end of his or her period of custody shall be responsible for care of the Child during the preschool day in the event it is necessary due to a school closure or the Child's illness. B. In the event that the Mother continues to reside in the Cumberland Valley School District and the Father is residing in a different school district as of June 1, 2010, the parties shall begin the following custody schedule on June 1, 2010 in order to acclimate the Child to the new schedule prior to the beginning of the 2010-2011 school year: The Mother shall have primary physical custody of the Child. The Father shall have partial custody on alternating weekends from Friday after school through Sunday evening and on two (2) evenings per week as arranged by agreement between the parties. C. In the event both parties are residing in the same school district as of June 1, 2010, the parties shall cooperate in establishing an ongoing custody schedule for the Child which shall begin as of June 1, 2010 to acclimate the Child for the beginning of school. In the event the parties are unable to agree as to the school schedule beginning June 1, 2010, either party may file a Petition with the Court requesting the scheduling of a custody conciliation conference to address the issue. 3. The parties shall share having custody of the Child on holidays as arranged by agreement. 4. Each party shall be entitled to have vacation periods of custody with the Child as arranged by agreement. 5. The parties shall share responsibility for providing transportation for exchanges of custody as arranged by agreement. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third lparties having contact with the Child comply with this provision. 7. 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, N, -?, J. cc: Gregory S. Hazlett, Esquire - counsel for Mother 4 3 3i,a9 Shane M. Espenshade, Sr. - Father ,c?u ALISHA L. ESPENSHADE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. SHANE M. ESPENSHADE, SR. Defendant 2009-1079 CIVIL ACTION LAW IN CUSTODY 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 Shane M. Espenshade, Jr. October 13, 2004 Mother/Father 2. A custody conciliation conference was held on March 26, 2009, with the following individuals in attendance: the Mother, Alisha L. Espenshade, with her counsel, Gregory S. Hazlett, Esquire, and the Father, Shane M. Espenshade, Sr., who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. 1Y Gk a (4 f Gov 9 Date Dawn S. Sunday, Esquire Custody Conciliator