Loading...
HomeMy WebLinkAbout05-1218 RANDY A. SHOVER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. STEF ANNIE A. SHOVER, DEFENDANT CIVIL ACTION - LAW NO. 05 -j :;l../e CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Randy A. Shover, residing 25 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is Stefannie S. Shover, residing at 140 Peach Lane, Mechanicsburg, Cumberland County, County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Amanda Lynn Shover 25 Warwick Circle Mechanicsburg, P A 3/I/91 14 yrs. Hailey Ann Shover 25 Warwick Circle Mechanicsburg, P A 3/I/91 14 yrs. Emily April Shover 25 Warwick Circle Mechanicsburg, P A 3/1/91 14 yrs. The children were born out of wedlock 4. The children are presently in the custody of Randy A. Shover who resides at 25 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050. 5, During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Randy A. Shover 25 Warwick Circle Mechanicsburg, P A 2/05 to present Stefannie S. Shover 140 Peach Lane Mechanicsburg, P A 12/05 to 2105 Randy A. Shover 25 Warwick Circle Mechanicsburg, P A 11/04 to 12/042/05 Stefannie S. Shover 140 Peach Lane Mechanicsburg, P A 1995 to 11/04 6. The mother of the children is Stefannie S. Shover, residing at 140 Peach Lane, Mechanicsburg, Cumberland County, County, Pennsylvania 17055. She is unmarried. 7. The father of the children Randy A. Shover, residing at 25 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is unmarried. 8. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons. Name Donna K. Miller Amanda, Hailey & Emily Shover Relationship Girlfriend daughters 9. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons. Name Relationship By herself 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 11. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children, Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. Defendant's erratic and abusive behavior poses a threat ofhann to the children. Defendant is manic depressive and has been hospitalized for condition and at times has abandoned the children. Currently, Cumberland County Children & Youth Services is involved with Amanda because of sexual abuse allegations concerning Defendant's boyfriend. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: -;; i5" ~ .:./1 ,,' e l : -~-c/ "'--~/ ,,// ( /. ~. /, Michael J. Whare, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court LD. # 89028 Attorney for Plaintiff RANDY A. SHOVER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. STEPHANIE A. SHOVER, DEFENDANT CIVIL ACTION - LAW NO. 05 - CIVIL IN CUSTODY 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. Cons. Stat. 9 4904 relating to unsworn falsification to authorities. /;#cP y<~./~#,'( Rand"". Shov, ' Plaintiff ,~ '- \-v ~ ~ '--'0 ~ ~ ~ ~ ""- ~ ~ ~ ~ \ '\ ~ \ ' " , Y\ ~ ~~ ( ....., f5 c> cr1 -n 2= --I ""."" :r'I] ;::':J n1t"" --I"'Im I ~J';CJ \.D ~:'~~ (~) ~:~ ~:)i ;W ~,C ~:.1 r'!l N "::;:1 c...n ..... RANDY A. SHOVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1218 CIVIL ACTION LAW STEFANNIE A. SHOVER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Frid~ILMaEchl!,.200~.._.__., 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'_<::'lI,,!~eE!~/Jcll::/J/J.JII}: Courlhou.'.e, Carllsle.. onT~IJ':~day~arc~}I....z.O~:;____ 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 delinc and narrow the issues to be heard by the court, and to enter into a temporary order. All children age live or older may also be present at the conference. 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/ Tacqueline M. Verney, Esq. -->>.t Custody Conciliator T' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oflice. 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 HA VE 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 (7 I 7) 249-3166 ", _ d ~t"7t?jl ~:v --01-"' .JV'!7n'-lc/ ,.&t67 ;ftp ;: Af7'PW ~/L, ~r/ -fJP $ ~ ~n I,;;i. ~.'. \' :~ \ " . . --'--""~--- 5(/ ./; /I ;;v hi,'!:' /(7 /;1 E RANDY A. SHOVER, PLAINTIFF IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. STEFANNIE A. SHOVER, DEFENDANT CIVIL ACTION - LAW " NO. 05 - 1218 Cri/lL IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA ) COUNTY OF CUMBERLAND) i l:JrYi\l \ ~~t\ hereby swear that I have served a cehified cop of the I Order of Court setting a Pre-Custody Conference for March 3 I, 2005 at 8:30 AM ill the Cum erland County Courthouse and a time-stamped copy ofthe Complaint in Custody, execute~ by the PI intiff, in the I above-captioned matter and filed with Cumberland County Court on March 9, 200S, upon the Defendant, Stefannie A. Shover, an inmate at Cumberland County Prison, by personal service 1n 3/ z-. ,2005, at approximatelYCi",'(jS ~m. by handing it to an adult individual identifYing hims~lfas at 1101 Claremont Road, Carlisle, PA 17013. ~ understa d that false , st~tements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, rela~ing to uns om i I I falsification to authorities. Dated: 5/ Zq ( 09 By: COMMONWEALTH OF PENNSYLVANIA : ss: COUNTY OF CUMBERLAND On this, the r;;JtJf/c. day of /J}/lX" Ii J..-. , 2005, before me, a Not ry Public, in and for the arresaid commonwealt,h and County, the undersigne offi:er, personally appeared, of AJ A/I.A ft- JJl'.~eh'L,.J , known to me, or satls actonly proven, to be the person whose name is subscribed to the within Power of ttomeyan acknowledges that she executed the same for the purposes therein containe . IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ..-,--" ..-- ~,",,' t<<JlaIIaI Seal J J'~"'" Nota'Y plblIc Unda e.;'~Co"rty My~'~ EJ<lll1llS JlJy 23. 2006, .~OINo\anes "....-, PemS~ ;Jxdd ~ 9u~/~L/ C N6tarfPublic r, ( ;;.:, -, '" = () ~n ~pl -:.1 f1J "'Y :.~ (,J s-'~~~ i--,)r-il :.(;! ~_D ", c.n ::1: .,:-I'~ 7.] 1',' \.0 :::-~ ::i: C) t-::: -, .y RECEIVED MAR 31 ZOOS' RANDY A. SHOVER, Plaintiff : IN THE COURT OF COMM N PLEAS OF : CUMBERLAND COUNTY, ENNSYL VANIA V. : CIVIL ACTION - LAW STEPHANIE A. SHOVER, Defendant : NO. 2005-1218 CIVIL TE : IN CUSTODY ORDER OF COURT ~ 1\..... _'~ AND NOW, this \0 day of ~r ' ,200 , upon consideration of the attached Custody Conciliation Report, it is ordere and directed as follows: 1. The prior Order of Court dated October 27, 1998 at doc et no. 98-4505 is hereby vacated. ,., 2. A Hearing is sche~ed in Court Room No..s , of he Cumberland County Cflurt House, on the ~ day of }-lL- ,2005, at ;:0 () _ o'clock, L. M., at which time testimony w~aken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed in tially with testimony. Counsel for each party shall file with the Court and opposi g counsel a Memorandum setting forth each party's position on custody, a list of itnesses who will be expected to testify at the Hearing and a summary of the anticipated estimony of each witness. These Memoranda shall be filed at least ten days prior to the earing date. 3. Pending further Order of Court or agreement of the part es, the following shall remain in effect: 4. The Father, Randy A. Shover shall have sole legal and ole physical custody of Amanda Lynn Shover, born March 1, 1991, Hailey Ann Sh ver, born March 1,1991 and Emily April Shover, born April 5, 1995. 5. Mother shall have periods of supervised visitation as he mental health condition permits and the children express a desire to visit with her. 6. The parties may modify this Order by mutual agreemen. In the absence of mutual consent, the terms of this Order shall control. BYT~ cc: Michael J. Whare, Esquire, counsel for Fathe Stephanie Shover Cumberland County Prison 1100 Claremont Road Carlisle, P A 17013 (~- -~j + --~ ~O J. ) ..... Sort ,.- .JQ. \,I, ;;~'-' '-< ) 0-.'- 1.1-- _ Qo @~ ~td \-'-IE: ~ c:> o N >- >-- '5~1: \):=7 "", ,"-- '~._. > .c''':'' "-1::::J '.:~?1; ',~b -- .x_ C- ..0 , ~ :2. \ft. c-'" i:-' <:'1(CI . ';:': ~J." ,"-;. ~5 D V. : IN THE COURT OF COMM N PLEAS OF : CUMBERLAND COUNTY, J ENNSYL VANIA : CIVIL ACTION - LAW ; NO. 2005-1218 CIVIL TERM RANDY A. SHOVER, Plaintiff STEPHANIE A. SHOVER, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPO T IN ACCORDANCE WITH CUMBERLAND COUNTY Rl LE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submit the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: DATE OF BIRTH CURRENTLY I CUSTODY OF NAME Amanda Lynn Shover Hailey Ann Shover Emily April Shover March I, 1991 March I, 1991 April 5, 1995 Father Father Father 2. A Conciliation Conference was held March 31, 2005 wi h the following individuals in attendance: The Father, Randy A. Shover, with his coun el, Michael J. Whare, Esquire, and the Mother, Stephanie A. Shover, by telephone fr m Cumberland County Prison, pro se. 3. The Honorable Edward E. Guido previously entered an Jrder of Court dated October 27, 1998 at docket no. 98-4505 providing for mother an maternal grandparents to have legal and physical custody of the children, with [; ther having periods of partial physical custody as agreed by the parties. A tempora ry PF A against mother was entered in Perry County on January 21, 2005 provided for cather to have alternating weekends. The children came to live with Father by necess ty in February, 2005. 4. Father's position on custody is as follows: Father seeks sole legal and sole physical custody of the children with Mother having supervised visitat on as her mental health condition dictates and the children express an interest in visiting Mother is currently incarcerated. She indicated that she expected to be transferre, to the Harrisburg State Hospital. Father asserts that Mother has an extensive mental hea th history that has resulted in the children suffering from Post Traumatic Stress Disorder. Mother is currently unavailable to care for the children. 5. Mother's position on custody is as follows: Mother wan ed the prior Order to remain in effect, with her having sole legal and primary physical cu ody of the children. In the alternative she wanted the prior Order to be reverted t( after she was released from the State Hospital. When it was explained that she woul need to file for a modification when she was released, she refused to further cooperate v ith the conciliation process, became belligerent, swore and terminated the tele hone call. It was clear that Mother's condition prevented her from making rational decis ons concerning her children. 6. The Conciliator recommends an Order in the form as at ached scheduling a Hearing and granting Father sole legal and physical custody, with M ther having supervised visitation as her condition permits and the children express ill interest in visitation. It is expected that the Hearing will require one-half day. 2') r~(-o b Date J ,t~k0~ MtcqGJeline M. Verney, ES_,uire tJ. Custody Conciliator RANDY A. SHOVER, Plaintiff/Respondant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY STEF ANNIE A. SHOVER, DefendantJPetitioner : NO. 05-1218 CIVIL TERM MOTION FOR CONTINUANCE DefendantJPetitioner, Stefannie A. Shover, by and through her counsel, the Family Law Clinic, hereby moves for a general continuance of the custody hearing scheduled for Thursday, June 9, 2005 at I :00 p.m. In support of this Motion, DefendantJPetitioner states the following: I. On March 9, 2005 Plaintiff/Respondent filed a Complaint for Custody. 2. A conciliation conference was held before Custody Conciliator Jacqueline M. Verney, Esq., on March 31, 2005. 3. The parties were unable to resolve their custody issues at the conciliation and a custody hearing was scheduled for Thursday, June 9, 2004 at I :00 p.m. 4. DefendantJPetitioner is currently undergoing treatment in Harrisburg State Hospital, with the earliest possible release date of July 8, 2005. 5. The terms of the April 6, 2005 Order shall remain in effect pending further modification. 6. In accordance with Rule 208.2( d) of Cumberland County Rules of Civil Procedure, concurrence of opposing counsel Michael J. Whare, Esquire was sought and obtained. WHEREFORE, DefendantiPetitioner requests that the custody hearing scheduled for June 9, 2005 at I :00 p.m. be generally continued and that a hearing can be rescheduled upon petition of either party. May 31, 2005 Respectfully Submitted, ./ / / /;~-P .7 l{-.l, (Jl/-!f:~'J/ /'BRENDA COPPEDEI I Certified Legal Intern {fJW,--" v1A. C/l; Thomas . lace Anne MacDonald-Fox Lucy Johnston-Walsh Robert E, Rains Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 ,. ~.'." e,;;.;' RECEIVED JUN 0 22005 ';;'r-' y RANDY A. SHOVER, PlaintifflRespondant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY STEF ANNIE A. SHOVER, Defendant/Petitioner : NO. 05-1218 CIVIL TERM ORDER OF COURT On this the G:. .JII day of r 20~ upon consideration of the attached Defendant's Motion for Continuance, it is hereby ordered that the custody hearing in the above captioned case originally scheduled for June 9, 2005 at I :00 p.m. be generally continued and that a hearing can be rescheduled upon petition of either party. /13~~ ~. Judge Edward E. Guido .... 'v'\N<1f';1ASNN3d I ! l.ln(\:I (',7i,f1;r:~r,\^,f\"" j\.:..l'(1 i~"' ".'. ,_.__,,11''1.\ 1-.1 '15:\ \old 9- tmnUUl Xtl'110NO\l\.O\:kl 3.4l :,0 38H~O-a311:l ~ ~. RANDY A. SHOVER, Plaintiff/Respondant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY STEF ANNIE A. SHOVER, DefendantfPetitioner : NO. 05-1218 CIVIL TERM MOTION FOR CONTINUANCE DefendantlPetitioner, Stefannie A. Shover, by and through her counsel, the Family Law Clinic, hereby moves for a general continuance of the custody hearing scheduled for Thursday, June 9, 2005 at I :00 p.m. In support of this Motion, DefendantlPetitioner states the following: I. On March 9, 2005 Plaintiff/Respondent filed a Complaint for Custody. 2. A conciliation conference was held before Custody Conciliator Jacqueline M. Verney, Esq., on March 31, 2005. 3. The parties were unable to resolve their custody issues at the conciliation and a custody hearing was scheduled for Thursday, June 9, 2004 at I :00 p.m. 4. DefendantlPetitioner is currently undergoing treatment in Harrisburg State Hospital, with the earliest possible release date of July 8, 2005. 5. The terms of the April 6, 2005 Order shall remain in effect pending further modification. 6. In accordance with Rule 208.2(d) of Cumberland County Rules of Civil Procedure, concurrence of opposing counsel Michael J. Whare, Esquire was sought and obtained. ...- r WHEREFORE, DefendantlPetitioner requests that the custody hearing scheduled for June 9, 2005 at I :00 p.m. be generally continued and that a hearing can be rescheduled upon petition of either party. Respectfully Submitted, May 31, 2005 /' ~' //.; I . %;;~ t;<77{~:~ /y~ ,~ , BRENDA COPPEDEI Certified Legal Intern i~a~~.~{AJ~ Anne MacDonald-Fox Lucy Johnston-Walsh Robert E. Rains Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 ~~ ~~ ~ -~ f--.:) t;:; .::-..n ,--, ,.-j -n ,-I _'0" C,) -'.~l r~,) r~) m .' RANDY SHOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY STEF ANNIE SHOVER, Defendant : NO, 05- 1218 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER The petition of Stefannie Shover ("Mother"), by her counsel, the Family Law Clinic, respectfully represents the following: I. On July 7, 1998, Mother and her parents, Timothy Sperry and Joyce Sperry, commenced an action with this Court for custody ofthe children, Amanda Shover, (D.O.B. March 1,1991), Hailey Shover, (D.O.B. March I, 1991), and Emily Shover, (D.O.B. April 5, 1995). That action is docketed at Stefannie Shover, Timothy Sperry, and Joyce Sperry v. Randy A. Shover, 98-4505. 2. On October 27, 1998, this Court entered an Order directing that "Mother shall enjoy legal and physical custody" of the children, with Father enjoying periods of partial custody at such dates and times as agreed by the parties. Although Mother's parents, Timothy Sperry and Joyce Sperry, participated along with Mother as plaintiffs in the action, this Court's October 27,1998 Order granted them no rights regarding custody of the children. A true and correct copy of this court's October 27, 1998 Order in the action docketed at 98-4505 is attached as "Exhibit A." 3. On March 9, 2005, Randy Shover ("Father") commenced the above-captioned action for custody of the children. Mother's parents, Timothy Sperry and Joyce Sperry, were not named as parties to the action. 4. On April 6, 2005, this Court issued an Order in the above-captioned action granting sole legal and physical custody of the children to Father. A true and correct copy ofthe Order is attached as "Exhibit B." The docket for the above-captioned action was not combined with the " docket for the previous action concerning custody of the children, Stefannie Shover, Timothy Sperry, and Joyce Sperry v. Randy A. Shover, 98-4505. 5. This Court's April 6, 2005 Order, which granted sole physical and sole legal custody of the children to Father, should be modified because: a. Mother was released from Harrisburg State Hospital on August 30, 2005. b. Mother has had physical custody of Emily Shover since August 30, 2005, pursuant to an oral agreement between Mother and Father. c. Emily Shover has been enrolled in Cumberland Valley School District, the school district of Mother' s residence, since August 30, 2005. d. Mother believes that Amanda Shover, who is fifteen years old, told Father on or about December 26, 2005, that she desires to live with Mother. e. Father left Amanda Shover in Mother's care at Mother's residence on approximately December 27,2005. f. Mother has had physical custody of Amanda Shover since approximately December 27, 2005. g. Amanda Shover has been enrolled in Cwnberland Valley School District, the school district of Mother's residence, since approximately January 10,2006. h. Hailey Shover has resided with Mother's parents, Joyce Sperry and Timothy Sperry, at 25 Warwick Circle, Mechanicsburg, Cumberland County, P A, 17050, since February 2005, pursuant to an oral agreement between Mother and Father. 1. Mother desires that Hailey Shover continue to reside with Joyce Sperry and Timothy Sperry at the present time. Mother believes that Father also desires Hailey Shover to reside with Joyce Sperry and Timothy Sperry at the present time. .' J. Mother believes that the requested custody modification would be in the best interest of the children. 5. Mother's counsel, the Family Law Clinic, has served Mother's parents, Timothy Sperry and Joyce Sperry, with a copy of this Petition to Modify Custody Order. 6. Pursuant to local rule 208.2( d), counsel for Mother attempted to seek concurrence from Michael Whare, Esq., Father's counsel of record for the above-captioned custody matter, and was unable to obtain such concurrence. WHEREFORE, Petitioner respectfully requests that this Court modify its April 6, 2005 Order in the above-captioned action so that: 1. Mother and Father shall share legal custody of the children; 2. Mother shall have primary physical custody of the children; and 3. Father shall have partial physical custody of the children at times mutually agreed by the parties. Date: 3/ I /06 fd;W~ ~ Robert Lascher Certified Legal Intern 1'i~~-.<<t-6: THOM . LACE ..' ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 . '. VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. c.s. 9 4904 relating to unsworn falsification to authorities. Date: (hi /( j, ( dcdl) ~~ Ste ie Shover .. CERTIFICATE OF SERVICE I, Robert K. Laseher, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of the Petition to Modify Custody Order on the following persons by first class U.S. Mail, postage prepaid, this ~ day of fliW'C ~ ' 2006: Michael Whare, Esquire 155 S. Hanover Street Carlisle, PA 17013 Timothy Sperry and Joyce Sperry 25 Warwick Circle, Mechanicsburg, P A 17050 .~:?:~ Robert Laseher Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 . , . STEFANNIE S. SHOVER, TIMOTHY SPERRY AND JOYCE SPERRY, Plaintiffs OCT 2 :3 1991$,1) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW RANDY A. SHOVER, Defendant NO. 98-4505 CIVIL IN CUSTODY COURT ORDER "" AND NOW, this ~, day of October, 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ro COpy I. The Mother, Stefannie S. Shover shall enjoy legal and physical custody of Amanda L. Shover, born March I, 1991, Hailey A. Shover, born March I, 1991, and Emily A. Shover, born April 5, 1995. 2. The Father Randy L. Shover shall enjoy periods of temporary physical custody with the 3 minor children at such times and under such circumstances as agreed upon by the parties. 3. In the event the Father becomes dissatisfied with the temporary custody arrangement and desires a more specified schedule or otherwise wants to modify this Order, the Father may petition the court to have the case again scheduled with the Custody Conciliator for a Conference. It is noted that the Father was not in attendance at the Custody Conciliation Conference and, in the event of any future conference or Court hearing, the Father can at that time raise whatever issues he feels may be appropriate for consideration by the Court. J. cc: Sam Andes, Esquire I "oyy/..(I.""i!U.( I c/o ,;2 H /" L; Y: Randy A. Shover - c'';I"".;Y ,;;.,' . EXHIBIT I A -, .y RECEIVED MAR 312005- RANDY A. SHOVER, Plaintiff : IN THE COURT OF COMM N PLEAS OF : CUMBERLAND COUNTY, ENNSYLV ANIA V. : CIVIL ACTION - LAW STEPHANIE A. SHOVER, Defendant : NO. 2005-1218 CIVIL TE : IN CUSTODY ro COpy ORDER OF COURT ~ I\.. _ ."1 AND NOW, this \0 day of ~ ' ,200 , upon consideration ofthe attached Custody Conciliation Report, it is ordere and directed as follows: I. The prior Order of Court dated October 27, 1998 at doc et no. 98-4505 is hereby vacated. ,,- 2. A Hearing is sche~ed in Court Room No..s , of he Cumberland County CAurt House, on the' dayof}.Jl-- ,2005, at Fa c) o'clock, L- M., at which time testimony w""R'Ibetaken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed in tially with testimony_ Counsel for each party shall file with the Court and opposi g counsel a Memorandum setting forth each party's position on custody, a list of itnesses who will be expected to testify at the Hearing and a summary of the anticipated estimony of each witness. These Memoranda shall be filed at least ten days prior to the earing date. 3. Pending further Order of Court or agreement of the part es, the following shall remain in effect: 4. The Father, Randy A. Shover shall have sole legal and ole physical custody of Amanda Lynn Shover, born March I, 199], Hailey Ann Sh ver, born March 1,1991 and Emily April Shover, born AprilS, 1995. 5. Mother shall have periods of supervised visitation as he menta] health condition permits and the children express a desire to visit with her. 6_ The parties may modify this Order by mutua] agreemen. In the absence of mutual consent, the terms of this Order shall control. EXHIBIT I B . , URT, cc: Michael J. Whare, Esquire, counsel for Fathe Stephanie Shover Cumberland County Prison 1100 Claremont Road Carlisle, P A 17013 (l- -~j 4---(,,-0 fO COpy J. c,<C\OJ i' c. '--(I ,_.~ _._------~.---_..- .' RANDY SHOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN CUSTODY STEF ANNIE SHOVER, Defendant : NO. 05- 1218 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER The petition of Stefannie Shover ("Mother"), by her counsel, the Family Law Clinic, respectfully represents the following: I. On July 7,1998, Mother and her parents, Timothy Sperry and Joyce Sperry, commenced an action with this Court for custody of the children, Amanda Shover, (D.O.B. March 1, 1991), Hailey Shover, (D.O.B. March 1,1991), and Emily Shover, (D.O.8. April 5, 1995). That action is docketed at Stefannie Shover. Timothv Sperrv, and Jovce Sperrv v. Randv A. Shover, 98-4505. 2. On October 27, 1998, this Court entered an Order directing that "Mother shall enjoy legal and physical custody" of the children, with Father enjoying periods of partial custody at such dates and times as agreed by the parties. Although Mother's parents, Timothy Sperry and Joyce Sperry, participated along with Mother as plaintiffs in the action, this Court's October 27,1998 Order granted them no rights regarding custody of the children. A true and correct copy of this court's October 27, 1998 Order in the action docketed at 98-4505 is attached as "Exhibit A." 3. On March 9, 2005, Randy Shover ("Father") commenced the above-captioned action for custody of the children. Mother's parents, Timothy Sperry and Joyce Sperry, were not named as parties to the action. 4. On April 6, 2005, this Court issued an Order in the above-captioned action granting sole legal and physical custody of the children to Father. A true and correct copy of the Order is attached as "Exhibit 8." The docket for the above-captioned action was not combined with the . " . docket for the previous action concerning custody of the children, Stefannie Shover, Timothy Sperry, and Joyce Sperry v. Randy A. Shover, 98-4505. 5. This Court's April 6, 2005 Order, which granted sole physical and sole legal custody of the children to Father, should be modified because: a. Mother was released from Harrisburg State Hospital on August 30, 2005. b. Mother has had physical custody of Emily Shover since August 30, 2005, pursuant to an oral agreement between Mother and Father. c. Emily Shover has been enrolled in Cumberland Valley School District, the school district of Mother's residence, since August 30, 2005. d. Mother believes that Amanda Shover, who is fifteen years old, told Father on or about December 26, 2005, that she desires to live with Mother. e. Father left Amanda Shover in Mother's care at Mother's residence on approximately December 27, 2005. f. Mother has had physical custody of Amanda Shover since approximately December 27, 2005. g. Amanda Shover has been enrolled in Cumberland Valley School District, the school district of Mother's residence, since approximately January 10,2006. h. Hailey Shover has resided with Mother's parents, Joyce Sperry and Timothy Sperry, at 25 Warwick Circle, Mechanicsburg, Cumberland County, P A, 17050, since February 2005, pursuant to an oral agreement between Mother and Father. 1. Mother desires that Hailey Shover continue to reside with Joyce Sperry and Timothy Sperry at the present time. Mother believes that Father also desires Hailey Shover to reside with Joyce Sperry and Timothy Sperry at the present time. .' J. Mother believes that the requested custody modification would be in the best interest of the children. 5. Mother's counsel, the Family Law Clinic, has served Mother's parents, Timothy Sperry and Joyce Sperry, with a copy of this Petition to Modify Custody Order. 6. Pursuant to local rule 208.2(d), counsel for Mother attempted to seek concurrence from Michael Whare, Esq., Father's counsel of record for the above-captioned custody matter, and was unable to obtain such concurrence. WHEREFORE, Petitioner respectfully requests that this Court modify its April 6, 2005 Order in the above-captioned action so that: 1. Mother and Father shall share legal custody of the children; 2. Mother shall have primary physical custody of the children; and 3. Father shall have partial physical custody of the children at times mutually agreed by the parties. Date: 3/ / /06 ~:k: ~ Robert Lascher Certified Legal Intern ..~/ ( )h. t . d.L:~'u-t--':. - d' THOM . LACE - ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD.FOX WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 .' VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: rkl i''C j, (dCNt) ~ ~~--- Ste nnie Shover . .. .. , CERTIFICATE OF SERVICE I, Robert K. Lascher, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of the Petition to Modify Custody Order on the following persons by first class U.S. Mail, postage prepaid, this ~ day of 1'1",,,, l-, ,2006: Michael Whare, Esquire 155 S. Hanover Street Carlisle, PA 17013 Timothy Sperry and Joyce Sperry 25 Warwick Circle, Mechanicsburg, PA 17050 '~:7~ Robert Lascher Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 , . . . STEFANNIE S. SHOVER, TIMOTHY SPERRY AND JOYCE SPERRY, Plaintiffs OCT 2 3 19ge j/J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RANDY A. SHOVER, Defendant NO. 98-4505 CIVIL IN CUSTODY COURT ORDER "" AND NOW, this ~, day of October, 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: l[J COpy 1. The Mother, Stefannie S. Shover shall enjoy legal and physical custody of Amanda 1. Shover, born March I, 1991, Hailey A. Shover, born March I, 1991, and Ernily A. Shover, born April 5, 1995. 2. The Father Randy 1. Shover shall enjoy periods ofternporary physical custody with the 3 rninor children at such tirnes and under such circumstances as agreed upon by the parties. 3. In the event the Father becornes dissatisfied with the ternporary custody arrangement and desires a more specified schedule or otherwise wants to modify this Order, the Father may petition the court to have the case again scheduled with the Custody Conciliator for a Conference. It is noted that the Father was not in attendance at the Custody Conciliation Conference and, in the event of any future conference or Court hearing, the Father can at that time raise whatever issues he feels may be appropriate for consideration by the Court. J. cc: Sam Andes, Esquire _ Randy A. Shover .1,' C.t:-lu~,Z/ /1-~1.r1.~t'~c{ / ..'.. ", 1",/2.11"': . -,,) '_J) ). EXHIBIT II IA ", y RECEIVED MAR 31 ZOOS' RANDY A. SHOVER, Plaintiff : IN THE COURT OF COMM N PLEAS OF : CUMBERLAND COUNTY, ENNSYLV ANIA V. : CIVIL ACTION - LAW STEPHANIE A. SHOVER, Defendant : NO. 2005-1218 CIVIL TE : IN CUSTODY [] COpy ORDER OF COURT ~ to-... .'~ AND NOW, this \0 day of -.!':..r ' ,200 ,upon consideration of the attached Custody Conciliation Report, it is ordere and directed as follows: 1. The prior Order of Court dated October 27, 1998 at doc et no. 98-4505 is hereby vacated. - 2. A Hearing is sche~ed in Court Room No..s , of he Cumberland County 9lurt House, on the "1 day of V- ,2005, at ;,'0 cJ o'clock, L. M., at which time testimony wl1betaken. For pwposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed in tially with testimony. Counsel for each party shall file with the Court and opposi g counsel a Memorandum setting forth each party's position on custody, a list of itnesses who will be expected to testify at the Hearing and a summary of the anticipated estimony of each witness. These Memoranda shall be filed at least ten days prior to the earing date, 3. Pending further Order of Court or agreement of the part es, the following shall remain in effect: 4. The Father, Randy A. Shover shall have sole legal and ole physical custody of Amanda Lynn Shover, born March I, 1991, Hailey Ann Sh vcr, born March I, 1991 and Emily April Shover, born AprilS, ] 995. 5. Mother shall have periods of supervised visitation as he mental health condition permits and the children express a desire to visit with her. 6. The parties may modify this Order by mutual agreemen. In the absence of mutual consent, the terms of this Order shall control. EXHIBIT I B RECEI VEO MAR o 21lJtreg' RANDY SHOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY STEFANNIE SHOVER Defendant : NO. 05-I2I8 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Stefannie Shover, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date 3/I!oG Respectfully submitted, 1?d~ch~ Robert Lascher Certified Legal Intern / $' Ii '\, ~ dk,- ROBE . RAINS THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 I 3 717-243-2968 717-243-3639 ~. _."J r":' RANDY SHOVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1218 CIVIL ACTION LA W STEFANNIE SHOVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 07, 2006 , upon consideration of the attached Complaint, it is hereby direcled that pm1ies and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator, at __4th Floor, Cumberland CO~~,tyCourthouse,.~.a!lisle on .......,... Thursday, March 23, 2006,..._~ at 9:~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 mav also be present at the conference. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl lacqueline M Vern'T... ES.<l-------j,Lj!ll Custody Conciliator r The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before Ihe cOUl1, please contact our omce. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend Ihe scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT HA VE 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 Bedt(wd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~"7l i:~_ ~ .J:M?Y/ ~~ .. _ .- {.7.':' ;yr. I. 'fl' -'<7'/ _')(/( , ~ fr't7>/'(1;? iw ~ ~/ ~~ <?c?c r. . ? -./ P rl711/ ~. F{J '?iJ { r " '[ 1 "-'1 ,.' , .] : IN THE COURT OF COM : CUMBERLAND COUNTY, PENNSYL VANIA RECEIVEb SEP q 6 2006 oiJ Y: . RANDY SHOVER, Plaintiff V. : NO. 2005-1218 CIVIL ACTION - LAW STEPHANIE SHOVER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 6th day of September, 2006, being advised that juvenile proceedings have been initiated in the matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, lliator ''1'] 6:j:;~ ild L.- n","'"! -I.,' :.,), )i..;"j (., Ai:riU~:, ----.---.---