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HomeMy WebLinkAbout09-5698Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JANELLE SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 09- s?o ?/ a•i " l THOMAS SHEAFFER, : Defendant IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is Janelle Sheaffer, an adult individual currently residing at 35 H Street Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Thomas Sheaffer, an adult individual currently residing at 236 E Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Weston Sheaffer, who was born on August 20, 1999. The child was born in wedlock. 4. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Time Period Persons Location Birth - February 16, 2009 Parties 35 H Street, Carlisle February 16, 2009-present Plaintiff (shared custody) 35 H Street, Carlisle February 16, 2009 -present Defendant (shared custody) 236 E Street, Carlisle 5. The relationship of the Plaintiff to the child is that of Mother. She is married and living separately. The Plaintiff currently resides with the following: Name Relationship Weston Sheaffer Son 6. The relationship of the Defendant to the child is that of Father. He is married and living separately. The Defendant currently resides with the following: Name Relationship Weston Sheaffer Son 7. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 9. The best interest and permanent welfare of the child will be served by granting primary physical custody to Plaintiff as she can best provide a stable and nurturing environment for her son. 10. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests primary physical custody. MARTSON LAW OFFICES By Jennifer . ears, Esquire 10 East HiIA? Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: August 17, 2009 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 4F THE ? NOTARY 209 AUG 18 AN 10: 4 6 CLWB N PC.v?,S12v?av 12-4 ) a,933-?' JANELLE SHEAFFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS SHEAFFER DEFENDANT 2009-5698 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 24, 2009 , 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 Thursday, September 17, 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/ acqueline M, Verney, S 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 FlLE?i- ; rtE:;? OF THE 2009 AUG 24 Phi (: 13 cut -l;T (16. (2of y_ rna t44 j. ?swu any ? JANELLESHEAFFER, Plaintiff V. THOMAS SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-5698 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this lye' day of Wk "a , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Janelle Sheaffer and the Father, Thomas Sheaffer, shall have shared legal custody of Weston Sheaffer, born August 20, 1999. 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 his 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. 2. The parties shall have shared physical custody of the child on the following 2 week alternating schedule: A. On the first week, Mother shall have physical custody of the child beginning 9:00 a.m. Sunday to Wednesday morning when she will be responsible for getting him to school. Father shall have physical custody of the child from Wednesday after school to Saturday at 4:30 p.m. Mother shall have physical custody of the child from Saturday at 4:30 p.m. until Sunday at 9:00 a.m. B. On the second week, Father shall have physical custody of the child from 9:00 a.m. on Sunday until Wednesday when he will be responsible for dropping off the child at school. Mother shall have physical custody of the child from Wednesday after school to Saturday at 9:00 a.m. Father shall have physical custody of the child from Saturday at 9:00 a.m. to Sunday at 9:00 a.m. 3. Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. The parties shall alternate as agreed. 4. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon on Christmas Day to 12:00 noon on December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. However, Mother shall always get 1 '/2 hours of physical custody on Christmas Eve to take the child to church services. 5. Easter shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Whichever party has physical custody on Saturday night before Easter shall have the earlier time. 6. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 8:00 p.m. and Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 8:00 p.m. 7. Transportation shall be shared as agreed by the parties. 8. 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, Z cc: fifer L. Spears, Esquire, Counsel for Mother Carol J. Lindsay, Esquire, Counsel for Father J 4 les ryx-?3-t LCL 1?f t g/aLtfcy JANELLESHEAFFER, Plaintiff V. THOMAS SHEAFFER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-5698 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 Weston Sheaffer August 20, 1999 shared 2. A Conciliation Conference was held in this matter on September 17, 2009, with the following in attendance: The Mother, Janelle Sheaffer, with her counsel, Jennifer L. Spears, Esquire, and the Father, Thomas Sheaffer, with his counsel, Carol J. Lindsay, Esquire 3. The parties agreed to an Order in the form as attached. Date ' Jac eline M. Verney, Esquire Custody Conciliator i- ,),._.- . N E ?rl I I , , ?IV''?Y OF THE " M9 SEP 24 P14 12: 4: CU?? : ? 'Y JANELLE COYNE F/K/A JANELLE IN THE COURT OF COMMON PLEAS OF SHEAFFER PLAINTIFF CUMBERLAND COUNTY PENNSYLVA , M ? t'n V Nr~ . 2009-5698 CIVIL ACTION LAW C7Y -j Z THOMAS SHEAFFER p IN CUSTODY ?• w DEFENDANT --? ORDER OF COURT AND NOW, Monday, June 25, 2012 , 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 31, 2012 at 2:30 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/ ac ueline 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. ??or?as ?tiea??? Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 </a 71(Z F:\FILES\Clients\13475 Coyne\13475, I.praecipe Revised. 7119/12 2.21PM _.. 1 iL E 6: - . 1 ?.tl t ':ati THE T Jennifer L. Spears, Esquire 11 2 AM10:47 MARTSONDEARDORFF WILLIAMS OTTO GILROY& FALL MARTSON LAW OFFICES CUMBERLAND CCU w T Y I.D. 87445 PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JANELLE COYNE, f/k/a JANELLE SHEAFFER, V. THOMAS SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI 09-5698 CIVIL IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are directed to withdraw the Petition for Modification of Custody filed on June 21, and the Custody Conciliation Conference scheduled for July 25, 2012, is canceled. MAR' By WO Jennifer L/ S? ears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 12, Date: July 19, 2012 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing s e in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Thomas Sheaffer 2406 Mill Road Mechanicsburg, PA 17055 MARTSON LAW OFFICES Y Tricia D. Ec e oad Ten East High 11treet Carlisle, PA 17013 (717) 243-3341 Dated: July 19, 2012 YNE F/K/A JANELLE : IN THE COURT OF COMMON PLEASi& i . JANELLE CO FFER : CUMBERLAND COUNTY, PENNSY?NIt SHEA r ` Plaintiff ter : NO. 2009-5698 CIVIL ACTION - LAgx V . ' THOMAS SHEAFFER, : IN CUSTODY c a ;_ Defendant c ORDER OF COURT AND NOW, this 23rd day of July, 2012, being advised that Plaintiff has filed a Praecipe to Withdraw Petition to Modify Custody, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, AN, Ofcquer M. Verney, Esquire, Custody Conc' ator