Loading...
HomeMy WebLinkAbout05-5895 STEPHEN C. SHILEY, Plaintiff IN THE COURT of COMMON PLEAS, CUMBERLAND COUN1Y, PENNSYLVANIA v. LISA M. EBERSOLE, Defendant No. 05"- S'i'9$ C.<:'~ ii",,- CIVIL ACTION - CUSTODY To: The Judges of Said Court: Complaint for Custody AND NOW this ~~ay of November, 2005 comes Plaintiff, STEPHEN C. SHILEY, above named, by and through his attorney, John M. Glace, Esquire, and presents this Complaint for Custody as follows: 1. Plaintiff Stephen C. Shiley is an unmarried adult individual who presendy resides at 203 Market Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant Lisa M. Ebersole is an unmarried adult individual who resides at 308 Deerfield Road, Camp Hill, (Lower Allen Township), Cumberland County, Pennsylvania 17011. 3. Above parties are the biological parents of Sarah Elizabeth Shiley (dob: 1/12/95); Seth Ryan Shiley (dob: 4/16/98); Samuel James Shiley (dob: 7/23/02). Said minor children were born out of wedlock. 4. For the preceding five (5) years, all the aforementioned minor children have resided exclusively at 308 Deerfield Road, Camp Hill ( Cumberland County), Pennsylvania, 170lL. 5. On or about November 2, 2005, Plaintiff was excluded from the 305 Deerfield Road, Camp Hill, residence by a Temporary PFA Order, On November 10, 2005, the Honorable Edward E. Guido, Judge of this Court, signed a Final Order of Court relative to said PF A ( docketed at 05-5725, CCP Cumberland Co.). Said Order. by consent of parties and for a term of one (1) year, is attached hereto as Exhibit "A" and is made part hereof. 6. Said Order provides at Paragraph 7 for primary custody of the above minor children to be granted to the Defendant with periods of partial custody for the Plaintiff to be every Tuesday from 5:00 PM to 8:00 PM and every other weekend from Friday at 5:00 PM to Sunday at 8:00 PM. Transfer are to be made through third party family members. 7. This Order did not address the need for the minor children to be Plaintiff to picked up from day care / latch key at 5:00 PM when the Defendant's job requires her to be unavailable until 6:30 PM more or less. Plaintiff, who is self-employed. is available for these pick-ups. 8. No other custody actions have been commenced in any other jurisdiction(s) nor have the parties entered into a voluntary agreement. 9, It is the best interests of the minor children to picked up from day care /latch key by their father rather than a series of rotating family members of the Defendant. 10. All parties of interest have been made party to this action. 11. No named party is a present member of the Armed Services of United States. WHEREFORE, Plaintiff STEPHEN C. SHILEY, respectfully requests that this Honorable Court grant him shared legal custody and shared physical custody of his minor children. Respectfully submitted, John Supre e 132-1 4 ut Street Ham b g, PA 17101-1612 (717- 8-5515) Exhibit "A" Lisa Marie Ebersole, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. Stephen Craig Shiley, Defendant : No. 05-5725 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Stephen Craig Shiley Defendant's Date of Birth: February 20, 1964 Defendant's Social Security Number: 099-58-1435 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names 1. Lisa Marie Ebersole 2. Sarah Elizabeth Shiley 3. Seth Ryan Shiley 4. Samuel James Shiley Dates of Birth May 5, 1967 January 12, 1995 April 16, 1998 July 23, 2002 Plaintiff or Protected Person(s) is/are: [] spouse or former spouse of Defendant [X] parent of a common child with Defendant [X] current or former sexual or intimate partner with Defendant [] child of Plaintiff [] child of Defendant [] family member related by blood (consanguinity) to Defendant [] family member related by marriage or affinity to Defendant [] sibling (person who shares biological parenthood) of Defendant [] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Jessica Holst, Esquire . Defendant appeared personally and is represented by: John Glace, Esquire AND NOW, this 10th Day of November, 2005 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 308 Deerfield Road Camp Hill P A 17011 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shaH have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not cDntact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: l, Sarah Elizabeth Shiley 2. Seth Ryan Shiley 3. Samuel James Shiley shall be as follows: 6. The following additional relief is granted as authorized by 96108 of the Act: - Defendant is prohibited from having any contact with Plaintiff's relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. - Defendant shaD not damage, destroy or sell any property owned by both ~ "",,;..,., parties' or solely by the Plaintiff.. ....v . ... iJo.-kn.l"bt w.ll ho.ML 0-.. -\uJc hvJ,,,, t-J,ndaJ ~ ('tIT"".,' ~ fV>v1'J. &~/nr .f.m - Noif-hia~g, non-threatening contact through a third party regarding custody and/or visitation shall not he deemed a violation oUhis order. (Yloth.., .5 hOlM hCk""'- fY~ f7"'t~irJ UNJIotL; 11h /n,,?/tY ch, Ida.... ~ :sh.u. J..-.:.w.. pt-r,..h vI f'cv..h;J p..;JlI.cJ w.-.h", O'Y) CU.W/7.hj ~th ~'r~i /V~b.- I Y, [oJ",,', 1M'r> fY; d"'1 a.,r S~prn u~/.! 5<n'>day J- -t~ ~ f>.M d vt)J~ ~n';''(' Jrq,.,.. 5".0('1'" vnh"f (J'C<'{'("" , '!'~v:> w;1\ bt. 1-hrill91o Th I r ~ pa"t., -&,"';, k.J me.... he./.'>. 7. A certified copy of this Order shall be provided to the police departtnent where Plaintiff resides and any other agency specified hereafter: Lower Allen Township Police Department Susqnehanna Township Police Department 8. THIS ORDER SUPERSEDES: 1. ANYPRlORPFAORDER 9. All provisions of this order shall expire on: November 10, 2006 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DIS1RlCT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEAL TIl OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTION ALL Y VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261, 2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. ~922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shaH enforce this order. An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based solely on probable cause, whether or not the violation is cDmmitted in the presence of the police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of Cumberland County shall maintain possession Df the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authDrity or authorities before whDm defendant is to be arraigned. A "Complaint for Indirect Criminal CDntempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. ~ / ItI/tJ!or Date Edward E. Guido, Judge Entered pursuant to the consent of Plaintiff and Defendant: /', (~r~ (/t/4'{f/fl2YV ku .. .. lsa Mane Ebersole, Plaintiff Date e, for Defendant alnut Street sburg P A ./0/ ..L / Jes ca 0 st, orney for Plaintiff idPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle P A 17013 Distribution to: J efsica C. Holst, Attorney for Plaintiff John Glace, Attorney for Defendant r; J~i. ~~,,; '}:",;:':~~~:J';~:;; :~, .;,~ ;'-'~ ,;; \ ;,t.,;:! ~.diJ Ui,':: it<y.d r.i ;;'JkJ (.a...;.( ,,~ '-'''f;i,.";:'''',, l~., "~-, f'C.. ,~,C:....l~-.:lo!..,<-I r~~ ',li5.-LO;"-j__.&.1i1! f!i]J.~~ ;"0(:1 --.Lf'i'~- (). nuJL~ -&, ;;:;; r ?, - " ';o~hDnf.f'arv Faxed and Mailed to PSP VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unsworn falsification to authorities. Date: Jl0v /4. UJrJ5 ! / I ./~;A , . CERTIFICATE OF SERVICE 'R I HEREBY CERTIFY that this ~ay of November, 2005 I have served a true and correct copy of the foregoing Complaint for Custody, by first class mail, postage pre-paid, upon: Lisa M. Ebersole 308 DeerfieId Road Camp Hill, PA I70II LAW OFFICE of JOHN M. GLACE . lace, Esquire Walnut Street H 'sb g, PAc 17101-1612 ( 17) 238-5515 ification No. 23933 Counsel for Plaintiff C) ~ TJ ~ ....... "'" <- -1'" ~J ~ .~:-::" hl \ & ....- ',- ......... S *"\J '" :, , C> Hi "'7 "" C<J 0.-," ~ ---.. ~J C-" ~. h.:.. ., ~ lr C. STEPHEN C. SHILEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-5895 CIVIL ACTION LA W LISA M. EBERSOLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 23, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p, Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Thursday, December 22, 2005 at 11:30 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 ordcr. 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 eourt 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: _ls/__..M~g:::o~g:~;:~,;~--f1L 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 oftice. 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 Bedfi.1fd Street Carlislc, Pennsylvania 170 I 3 Telephone (717) 249.3166 ~~ -"Y ~l1/~) SQ-yC'/ . ?7 ~t:'11/ r"7l....77/ ? . !/r-- ""? 5o.s: co; ntpIX ~ -7 /f7'_~ 4; -1"9 50S', C'I c-:~ :?i :'_1 ..... ~.. , .iu \ ?"7"r'r;'T'T':<''T) I -- "--_./ ,--_/.,../-' ' ..--~.-. , Plaintiff \ APR 2 8 2006 IN THE COURT OF COMMOJt;ti:A::i uF 7 CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5895 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY , STEPHEN C. SHILEY, Y. LISA M. EBERSOLE, Defendant 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 THE CUSTODY OF Sarah Elizabeth Shiley Seth Ryan Shiley Samuel James Shiley January 12, 1995 April 16, 1998 July 23, 2002 Mother Mother Mother 2. The Custody Conciliation Conference was reconyened on April 21, 2006 as planned at the previous conference of January 27, 2006, Attending the Conference were: the Father, Stephen C, Shiley, who attended pro se; the Mother, Lisa M, Ebersole, and her counsel, P. Richard Wagner, Esquire. 3, Father's position on custodY is as follows: Father reports that the partial custody schedule is going fantastic but he seems to want to spend more time with the children. Unfortunately, he indicates that the demands of his employment have interfered with his periods of custody. For instance, he expects to have to work on April 22, 2006 and therefore thought he could not have custody of the children this weekend. Father indicated that he can not always anticipate whether he has to work on weekends in order to meet deadlines, Father reports that the schedule does not give him much quality time with the children, Part of the reason for Father's opinion is that weekday time with the children is often filled with taking the children to and from their various activities, such as sport's practices and cub scouts. Father acknowledges that, at times, he has been able to pick up the children as early as 4:00 p,m, which allows him a little more flexibility in spending time with them, At the end of the conference, Father inquired about what he should do if he had a complaint or wanted to change something in the Order. It was explained to him that there was a petition process which could be followed in order to return to the Custody Conciliation and that he could contact the Bar Association for a family law attorney referral. Father was also advised that a hearing before the Court could be scheduled if he wanted to seek more ". NO. 05-5895 CIVIL TERM time, but that the Judge would either need to know particular times that Father could reliably be available for periods of custody, or the parties would have to have the ability to communicate with each other to work out specific times the way they did in the Conciliation Conference. Under the present circumstances, Father agreed that the Interim Order shall continue to be in effect. As with all Custody Orders, it is temporary and subject to modification upon judicial review or agreement of the parties. 3. Mother's position on custody is as follows: Mother reports that Father does not always participate in the periOds of custody provided in the Order. She reports that he does attend baseball and softball practices for the children. Because the game schedule for their sports is not yet available, she has not had an opportunity to share it with Father yet. Mother reports that she and Father have been able to work out additional periods of custody for Father, such as Good Friday. 4. There was some discussion of the potential for the custodial schedule to flex by trading weekends to allow Father to meet his work obligations and spend make-up time with the children. However, Father indicated that he can not always anticipate when that will be necessary in order to give Mother and the children some advance notice of whether or not he will be able to exercise custody, Although it was difficult for the parties, they were successfully able to negotiate for Father to haye custodial time the evening of the conference and Saturday to Sunday this weekend, working around his work hours. 1i!bltJr :273965 Oist: Stephen C. Shiley, 203 Market Street. New Cumberland, PA 17070 ...I6hn M. Glace, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101-1612 ..,.Y.'Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 'l~ l).:ol, 6>,0 -']'in8 1;0 :2 Hd 82 ::JdV 9GOZ