HomeMy WebLinkAbout91-0737SHARON ELSESSER,
Plaintiff
RONALD L. SPHAR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. ~q CIVIL 1991
IN CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a judgment may be entered against you for
any other claim or relief requested in these papers by the
plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your
children.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth FLoor
Carlisle, Pennsylvania 17013
(717)240-6200
SHARON ELSESSER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION - LAW
: NO. ~5~ CIVIL 1991
:
RONALD L. SPHAR, :
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this ~day of . ~% ~fupon consideration
of the attached complaint, it is hereby directed that the parties
and their respective counsel appear before ~,~L~Ff~ ~'~.
the conciliator, at Cuing6. CO. ~o~J~ ~]~[oD~
, on the ~ day
of ~ril , 1991, at 9~-m., 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
shall also be present at the conference. Failure to appear at
the conference may provide grounds for entry of a temporary or
permanent order.
FOR THE COURT,
Cus%ody Con'cl'liator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4th Floor
CARLISLe, PA 17013
717/240-6200
SHARON ELSESSER,
Plaintiff
RONALD L. SPHAR,
Defendant
: IN THE COURT OF COMMON PLRAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. ~ CIVIL 1991
:
:
: CUSTODY
ORDER OF COURT
You, Ronald L. Sphar, defendant, have been sued in court to
obtain of the child, Sahra Marie Sphar.
You are ordered to appear in person at Cumberland County
Courthouse, Carlisle, PA, Room , on ,
1991, at M., for a hearing.
If you fail to appear as provided by this order, an order
for may be entered against you.
If you wish to assert your claim to custody, partial custody
or visitation rights with respect to the children or wish to
present evidence to the Court, on those matters, you should
petition the Court, on or before the above date, for leave to
intervene in the proceedings.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
717/240-6200
Date
Je
SHARON ELSESSER,
Plaintiff
We
RONALD L. SPHAR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. Q S~ OF 1991
IN CUSTODY
Addresses
15 West Main Street
Newville, PA 17241
Dates
8/15/90 - present
Persons
Sharon Elsesser
Christopher Elsesser
David Scott Elsesser
AND NOW, the plaintiff, by her attorneys, the Family Law
Clinic, sets for the following cause of action:
1. The plaintiff is Sharon Elsesser, residing at 15 West
Main Street, Newville, Cumberland County, Pennsylvania 17241.
2. The defendant is Ronald L. Sphar, residing at 9
Fairfield Street, Newville, Cumberland County, Pennsylvania
17241.
3. Plaintiff seeks primary physical custody of the
following child:
Name Present Residence Age
Sarha Marie Sphar 15 W. Main St., Newville, PA 9 mo.
The child was born out of wedlock.
The child is presently in the custody of Sharon Elsesser who
resides at 15 West Main Street, Cumberland County, Pennsylvania
17241.
During the past five years, the child has resided with the
following persons and at the following addresses:
COMPLAINT FOR CUSTODY
Sharon Elsesser 27 Chestnut Street 4/1/90 - 8/15/90
Christopher Elsesser Mt. Holly Springs, PA 17065
David Scott Elsesser
The mother of the child is Sharon Elsesser, currently
residing at 15 West Main Street, Newville, Cumberland County,
Pennsylvania 17241.
She is divorced.
The father of the child is Ronald L. Sphar, currently
residing at 9 Fairfield Street, Newville, Cumberland County,
Pennsylvania 17241.
He is divorced.
4. The relationship of the plaintiff to the child is that
of mother.
persons:
Name
Christopher Elsesser
David Scott Elsesser
Sarha Marie Sphar
5.
father.
persons:
Name
The plaintiff currently resides with the following
Relationship
son
son
daughter
The relationship of defendant to the child is that of
The defendant currently resides with the following
Relationship
6. 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.
Plaintiff has no information of a custody proceeding
concerning the child 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 child or claims to
have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child
will be served by granting the relief requested because:
a) Plaintiff has been primary caretaker of the child since
birth;
b) Plaintiff provides the child with a home with adequate
moral, emotional and physical surroundings as required to meet
the child's needs;
c) Plaintiff is willing to accept custody of the child;
d) Plaintiff continues to exercise parental duties and
enjoys the love and affection of the child;
e) Defendant has not indicated to plaintiff an interest in
accepting custody of the child.
8. Each parent whose parental rights to the child have
not been terminated and the person who has physical custody of
the child have been named as parties to this action.
WHEREFORE, plaintiff requests the court to grant Primary
physical custody of the child.
Date
S%acey Bo~nstein
Student Attorney
Robert E. Rains
Linda E. Fisher
Supervising Attorney
FAMILY LAW CLINIC
150 South College Street
Carlisle, Pa. 17013
717/240-5204
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS.
I verify that the statements made in this Custody Complaint
are true and correct to the best of my personal knowledge and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn
falsification to authorities.
~haron Elsesser
Date
SHARON ELSESSER,
Plaintiff
We
RONALD L. SPHAR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL 1991
IN CUSTODY
ORDER OF COURT
AND NOW, this day of , 1991
on consideration of the attached Petitioner's Affidavit, leave is
granted to the Petitioner to proceed in fo~ma pauperis to the
extent that she is relieved of all costs in this action.
By the Court,
Je
SHARON ELSESSER,
Plaintiff
RONALD L. SPHAR,
Defendant
IN THE COURT OF COMMON PT.RAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. Q3~ CIVIL 1991
IN CUSTODY
ATTORNEY'S AFFIDAVIT SUPPORTING PETITION
FOR LRAVE TO PROCEED IN FORMA PAUPERIS
I, Stacey M. Bornstein, of the Family Law Clinic, attorney
for the party petitioning to proceed in forma pauperis, certify
that I believe Petitioner is unable to pay the costs of
instituting this action and that I am providing free legal
service to Petitioner.
Petitioner's Affidavit showing inability to pay the costs of
litigation is attached hereto.
Date
-S{~ceyd~. Bornstein
Student Attorney
THOMAS M. PLACE
ROBERT E. RAINS
LINDA E. FISHER
Supervising Attorney
FAMILY LAW CLINIC
150 South College Street
Carlisle, Pa. 17013
717/240-5204
SHARON ELSESSER,
Plaintiff,
RONALD L. SPHAR,
Defendant
: IN THE COURT OF COMMON PLEAS 'OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:
: CIVIL ACTION - LAW
: NO. ~5~ CIVIL 1991
: CUSTODY
AFFIDAVIT SUPPORTING PETITION FOR LEAVE
TO PROCEED INFORMA PAUPERIS
1. I am the plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs of
prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my
family and associates, to pay the costs of litigation.
3. I represent that the info£mation below relating to my
ability to pay the fees and costs is true and correct.
(a) Name: Sharon Elsesser
Address: 15 West Main Street, Newville, PA 17241
Social Security No.: 175-48-3504
(b) Employment
If you are presently employed, state
Employer: None
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment: April 1989
Salary or wages per month: $400.00
Type of work: Best Western/Launderess
(c) Other income within the past twelve months
Business or profession: None
Other self-employment:
Interest:
Dividends:
Pension and annuities:
social security benefits:
Support payments: $50.00 pass through for child support
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Assistance: $248.00 bi-weekly
Other:
(d) Other contributions to household support
Name:
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned
Cash:
Checking account:
Savings account:
Certificates of deposit:
Real estate (including home):
Motor vehicle: Make Maverick, Year 1975
Cost $150.00, Amount Owed SN/A
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent:
Loans: $400.00/$44.00 month 10/18/90
Other:
(g) Persons dependent upon you for support
Name:
Children, if any:
Name: David Scott Elsesser Age: 7 years
Christopher Elsesser 6 years
Sarha Marie Sphar 6 months
Other persons:
Name: N/A
Relationship:
4. I understand that I have a continuing obligation to
inform the court of improvement in my financial circumstances
which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit 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.
SHARON ELSESSER,
Plaintiff
RONALD SPA~R,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: CUSTODY
:
:
: NO. 737 CIVIL 1991
CERTIFICATE OF SERVICE
I, Stacey M. Bornstein, student attorney, Family Law clinic,
hereby certify that I have served a true and correct copy of said
Complaint for Custody and Order of court on Ronald Spahr,
residing at 9 Fairfield Street, Newville, Cumberland county, PA
17241, by depositing a copy of same in the united States mail,
certified, restricted delivery, return receipt requested, postage
prepaid, this 15th day of March, 1991.
SHARON ELSESSER,
Plaintiff
RONALD SPAHR,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: CUSTODY
:
:
: NO. 737 CIVIL 1991
between plaintiff Sharon Elsesser (hereinafter "mother"), and
defendant Ronald Spahr (hereinafter "father"), concerns the
custody and visitation of the child: Sarah Marie Spahr.
WHEREAS, mother and father desire to enter into an agreement
as to the custody of the child and to have this agreement made an
Order of Court, mother and father agree to the following:
1. Mother shall have primary physical and shared legal
custody of the child subject to reasonable partial physical and
shared legal custody by the father.
2. Legal custody shall be defined as the legal right to make
major decisions affecting the best interest of the child,
including but not limited to medical, religious and educational
decisions.
3. Father shall have partial physical custody every other
weekend from 6:00 p.m. on Friday until 8:00 p.m. on Sunday.
4. Mother and father agree that the child will not leave
the Commonwealth of Pennsylvania without adequate notice given to
the other party and the mutual agreement of both parties.
5. Mother and father agree that father' shall claim the
child as a dependent for tax purposes.
6. School and national holidays will be shared upon mutual
agreement of both parties.
7. The parties hereto intend to be legally bound by the
terms of this agreement.
RONALD SPAH~ ' - --
~TAC~.~ -M,/ BORNSTEIN
Student Attorney
Supervising Attorney
FAMILY LAW CLINIC
150 South College Street
Carlisle, PA 17013
717/240-5204
Approved and entered as an order of court.
Date
SHARON ELSESSER,
Plaintiff
V
RONALD L. SPHAR,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
:NO. 737 - CIVIL - 1991
:
OR~ER
AND NOW, this ~ day of April, 1991, the Custody Conciliator
being advised that the parties have reached an agreement and will
be submitting a stipulation, the Custody Conciliator relinquishes
jurisdiction of this case.
SHARON ROMITO (ELSESSER),
Plaintiff/Petitioner
RONALD SPAHR,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: IN CUSTODY
:
: NO. 91-737 CIVIL TERM
ORDER OF COURT
AND NOW, thi~ qltSday of,~'~" , 1995, upon consideration of the attached
petition, it is hereby directed that the parties and their respective counsel appear before,
~ , tlie conciliator, at ~d~th f/~t , Cumberland County Courthouse,
on the] f~gday of ]~,.x~, 1995, at $;~q. m., 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. Either party may bring the child(ren) who is the subject of this custody action
to the conference, but the child/children's attendance is not mandatory. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order.
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
thc Americans with Disabilities 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.
FOR THE COURT:
g ' ~
Y' Custody ConCiliator f'~'P'~'
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4th Floor
CARLISLE, PA 17013
717/240-6200
SHARON ROMITO (ELSESSER),
Plaintiff/Petitioner
RONALD SPAHR,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
CUSTODY
NO. 91-737 CIVIL TERM
PETITION TO MODIFY CUSTODY ORDER
Petitioner, Sharon Romito (Elsesser), through her attorneys, the Family Law
Clinic, files this petition to modify the prior custody order of Sarah Marie Spahr, and
respectfully represents the following:
1. Petitioner is Sharon Romito (Elsesser), who currently resides at 10 Betty
Nelson Court, Lot//10, Carlisle, Pennsylvania 17013.
2. Respondent is Ronald Spahr, who currently resides at 9 Fairfield Street,
Newville, Pennsylvania 17241.
3. Petitioner and Respondent were never married.
4. Petitioner and Respondent have two children: Sarah Marie Spahr (d.o.b.
04-08-90) and Steven Anthony Spahr (d.o.b. 10-03-91).
6. Sarah Marie Spahr is in the custody of the petitioner pursuant to a
Custody and Visitation Agreement that was entered as a court Order on March 27,
1991. This agreement is attached hereto as Exhibit A.
7. Petitioner desires to modify the existing Custody and Visitation
Agreement that was entered as a court Order on March 27, 1991 by including
provisions that:
(1) The father shall not leave Sarah Marie Spahr alone in the presence
of Glenn Spahr while exercising his right of partial custody, and
(2) The father shall not smoke in the presence of the child in
consideration of the child's asthmatic condition.
8. The best interest and permanent welfare of the child will best be served
by modifying the present custody order to include these additional provisions.
WHEREFORE, Petitioner respectfully requests your Honorable Court to modify
the existing Custody and Visitation Order to meet the changed conditions.
Date
TINA St~~
Student Attorney
Robert ~. Rains
Thomas M. Place
SUPERVISING ATTORNEY
Thomas L. Peeler
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: 243-3639
SHARON ELSESSER,
Plaintiff
RONALD SPAHR,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: CUSTODY
:
:
: NO. 737 CIVIL 1991
CUSTODY AND VISITATION AGREEMENT
THIS AGREEMENT, made this ~day of --77~ , 1991,
between plaintiff Sharon Elsesser (hereinafter #mother#), and
defendant Ronald Spahr (hereinafter #father#), concerns the
custody and visitation of the child: Sarah Marie Spahr.
WHEREAS, mother and father desire to enter into an agreement
as to the custody of the child and to have this agreement made an
Order of Court, mother and father agree to the following:
1. Mother shall have primary physical and shared legal
custody of the child subject to reasonable partial physical and
shared legal custody by the father.
2. Legal custody shall be defined as the legal right to make
major decisions affecting the best interest of the child,
including but not limited to medical, religious and educational
decisions.
3. Father shall have partial physical custody every other
weekend from 6:00 p.m. on Friday until 8:00 p.m. on Sunday.
4. Mother and father agree that the child will not leave
the Commonwealth of Pennsylvania without adequate notice given to
the other party and the mutual agreement of both parties.
5. Mother and father agree that father' shall claim the
EXHIBIT A
child as a dependent for tax purposes.
6. School and national holidays will be shared upon mutual
agreement of both parties.
7. The parties hereto intend to be legally bound by the
terms of this agreement.
RONALD SPAH~-- ~-~ --
~TAC~.~ -N./BORNSTEIN
Student Attorney
Supervising Attorney
FAMILY LAW CLINIC
250 South College Street
Carlisle, PA 17013
717/240-5204
Approved and entered as an order of court.
EXHIBIT A
SHARON ROMITO (ELSESSER) ,
Plaintiff
V
RONALD SPAHR ,
Defendant
,:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. 737 - CIVIL - 1991
:
:
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this ~ day of ~o~7 , 1995, the Conciliator being
advised that the parties have/reached an agreement in the above
case, the Conciliator relinquishes jurisdiction.
SHARON ROMITO (ELSESSER),
Plaintiff/Petitioner
RONALD SPAHR,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 91-0737 CIVIL TERM/
NO. 93-3581 CIVIL TERM
ORDER OF COURT
AND NOW, this ~ day of July, 1996, upon consideration of
the Plaintiff's Petition for Special Relief Pursuant to Rule
1915.13, a hearing is SCHEDULED for Tuesday, July 23, 1996, at
11:00 a.m., in Courtroom No. 5, Cumberland County Courthouse,
Carlisle, Pennsylvania.
PENDING the hearing, visitation of Defendant with the parties'
daughter, Sarah Marie Spahr, born April 8, 1990, shall be at the
home of Plaintiff at such times as the parties mutually agree.
BY THE COURT,
J.[~esley Oler,C_d~., ~ ~
Jonathan A. Dessaules ~
Certified Legal Intern
Katherine C. Pearson, Esq.
Supervising Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
Attorneys for Plaintiff
Ronald Spahr
9 Fairfield Street ~
Newville, PA 17241
Defendant/Respondent, Pro Se
: rc
SHARON ROMITO (ELSESSER),
Plaintiff/Petitioner
RONALD SPAHR,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
CUSTODY
NO. 91-737 CIVIL TERM
NO. 93-3581 CIVIL TERM
CONSENT AND APPROVAL FOR APPEARANCE UNDER P,B,A,R, ~22
I hereby consent to the appearance of Jonathan A~ Dessaules, a Certified Legal Intern
under the supervision of an attorney, in the above-entitled custody proceeding before the
Honorable Judge Oler at 11:00 a.m. on Tuesday, July 23, 1996.
/ %~fiaron Romito '
As the supervising attorney for Jonathan A. Dessaules, certified under P.B.A.R. 322,
I approve of his appearance on behalf of the above-named client in the above-named
proceeding.
~PEARSON
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
CHARLES W. JOHNS, ESQUIRE
~THONOTARY
JOAN ~ STEHULAK, ESQUIRE
DEPUTY PROTHONOTARY
May 6, 1996
4:~4 MAIN CAPITOL BUILDING
P.O. BOX el4
HARRISBURG. PENNSYLVANIA ITIOB
(717)75T-6151
~GZSTRATZON 0NOi ROL~S 321 & 322
(PENNSYLVANIA BA~ ADMISSION HOLES)
OF =LZQIBLE LAW.. STOD~r~
Jonathan A. Dessaules
41 West ~/dge Street
Carlisle, PA 17013
TO THE APPROVED ~.V~SIW~ ATTOP~;
Professor Katherine Pearson
Professor Thc, as Place
Professor Robert ~ains
Gail Shearer, Esquire
Family Law Clinic
The Dickinson School of Law
Carlisle, PA 17013 '
The above-named law student has been a~proved and certified
under Pa. B.A.R. 321 & 322 by:
]larvey A. Fel~man, Associate Dean
The Dickinson School of Law
150 South College Street
Carlisle, PA 17013-2899
as a duly enrolled l&w student who has coo~leted at la&st four (4)
semesters of la. gal .studies, or the equivalent thereof', is of good
character, ha-- been, adeTuatel~-trai~d Md: is of =~etent legal
ability 'to perfom as'a leg'al intern. ' '
~s~t to 'such certification and in accordance with and
subject to the provisions of Pa. B.A.]~. 321 & 322, the above
student has been registered and you have been approved to perform
the ~uties of supervising attorney aB of 05/06/96.
WITNESS mF signature and the lam1 of
thfs Court, May 6, 1996.
A service to the community
by students from
The Dickinson School of Law
FAMILY LAW CLINIC
Office: 45 North Pitt St.
Carlisle, PA 17013-2943
(717) 240~5204
(717) 243-2968
Fax: (717) 243-3639
July 11, 1996
FILE COpy
Ronald Spahr
9 Fairfield Street
Newville, PA 17241
Dear Mr. Spahr:
Enclosed please find a copy of a Petition for Special Relief that was filed at the
Cumberland County Courthouse on July 10, 1996. The Family Law Clinic represents
Sharon Romito in this matter and cannot provide any legal advice. There has been a hearing
scheduled in this matter for July 23, 1996, at 11:00 A.M.
Pursuant to this Petition, Sharon will not be giving you custody of Sarah or Steven
for what would normally be your weekend for custody. Again, the Clinic represents Sharon
Romito in this matter and cannot give you any legal advice. We strongly recommend that
you retain legal counsel.
Z ~ ~9 046
Thank you very much for your attention to this matter.
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
SHARON ROMITO (ELSESSER),
Plaintiff/Petitioner
RONALD SPAHR,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: IN CUSTODY
: /NO. 91-737 CIVIL TERM
: NO. 93-3581 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of July, 1996, upon
consideration of the Plaintiff's Petition for Special Relief
Pursuant to Rule 1915.13, and following a hearing at which the
Plaintiff appeared and testified in support of the allegations
of the petition, and the Defendant failed to appear,
notwithstanding that he received notice of the petition and
hearing, it is ordered and directed that the Order of Court
dated July 14, 1995, and issued by the Honorable Harold E.
Sheely at No. 91-737 CIVIL TERM respecting custody of the
parties' child, Sarah Marie Spahr, is amended, pending further
Order of Court, to provide that Defendant's exercise of partial
or temporary custody rights with respect to said child shall be
at the home of Plaintiff at such times as the parties mutually
agree. In the event that the parties are unable to reach a
satisfactory agreement in this respect, the Court will conduct a
further hearing to facilitate such visitation on the part of the
Defendant. In all other respects, the request of Plaintiff for
relief is denied.
Jonathan A. Dessaules, Intern
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Ronald Spahr
9 Fairfield Street
Newville, PA 17241
J~
By the Court, /Q ;
J~Wesley 61er, ~., J.-' ~'~
~Y~9~
Sharon Ronfito,
Plaintiff
¥.
Ronald Spahr,
Defena~ut
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 91-737" CIVIL TERM and
NO. 93-3581 CIVIL TERM
ORDER OF COURT
AND NOW, this c~ day of ~-- , 1998, upon consideration of ~he attached
complaint, it is hereby directed that the parties and their respective counsel ~ppear before,
on the lO day of ,-~k-I ,1998, at q:~bCUn., for a Pm-Hearin~ 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 eater into a
temporary order. Either party may bring the children who ~re the subject of this cumtody action
to the conference, but the children's attendauce is not mandatory. Failure to appear at the
conference may provide grounds for eutry of a temporary or permanent order.
FOR TIlE COURT:
Custody Conciliator
YOU SHOU~.F~ TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, OO TO OR TR{.RPHONE THE
OFFICE SET FORTH BR{ OW TO FIND OUT WNFRE YOU CAN GET LEGAL H~.~
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AlVn~-RICANS ~ DISABILrrlEs ACT OF l~J0
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For info.,~ion about accessible fitcilities and
reasoon_hle accommodations available to disabled individuals having busine~ before the court,
please contact our office. ~ arrangements must be m~,de at lelut 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or b~_ring.
Sharon Romito,
Plaintiff
V.
Ronald Spahr,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN Custody
NO. 91-737 CIVIL TERM and
NO. 93-3581 CIVIL TERM
PETITXON TO MODIFY CUSTODY ORDBP~
This petition of Sharon Romito, mother of Sarah Marie Spahr
and StevenAnthony Spahr, respectfully requests~odification of the
existing Custody Orders, for the following reasons:
1. Attached are copies of the existing Custody and Visitation
Agreements, whichwere entered as Orders of Court on July 14, 1995
regarding Sarah Marie Spahr (daughter), and July 24, 1995 regarding
Steven Anthony Spahr (son).
2. Mother is primary custodian. The previous Orders provide
that the father, Ronald Spahr, may claim each child as a dependent
on his tax returns, despite the fact that he is not a primary
custodian of the children. These Custody Orders should be modified
because:
a. Section 7 of the July 14, 1995 Order, which indicates
that Ronald Spahr, the father, will claim daughter as a dependent
for tax purposes, was agreed to during a time when the mother was
not working.
b. Section 3 of the July 24, 1995 Order, which indicates
that Ronald Spahr, the father, will claim son as a dependent for
tax purposes, was also agreed to during a time when the mother was
not working.
c. At the ti~e of July 14, 1995 C~stody Agreement, the
children were very young, ~other was on welfare, and had no
opportunities for work. Based on those facts, mother agreed to
per~it father to claim the children as tax dependents.
d. Due to a change in welfare laws, mother became
ineligible for public assistance and has obtained gainful
employment.
e. As a result of mother ts employment which began in
March of 1997, mother and father agreed that mother would claim
daughter and son as dependents for tax year 1997.
f. In light of mother ~ s substantial change in
circumstances since the date of the previously mentioned custody
orders, the children would benefit if mother were able to claim
them as dependents for all tax purposes, since mother would be able
to directly apply any tax benefit toward the support of her
children.
g. Mother continues to serve ss the primary custodian for
the children in question and therefore should be entitled to claim
the children as dependents for all tax purposes.
WHEREFORE, Petitioner asks that the Court order:
1. that provision ? of the Custody Agreement regarding Sarah
Marie Spahr be deleted from the July 14, 1995 ~astody Agreement and
Order, and an Order be entered per~itting mother, as primary
custodian, to claim daughter as a dependent for all tax purposes.
2. that provision 3 of the Custody Agreement regarding Steven
Anthony Spahr be deleted from the July 24, 1995 Custody Agreement
and Order, and an order be entered permitting Iother, as prilary
custodian, to claim her son as a dependent for all tax purposes.
RESPECTFULLY SUBMITTED,
J~nnifer N. Breen,
Certified Legal Intern,
Counsel for Petitioner
Pearson,
Supe~ising Attorney
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
(717)243-2968
VERIFICATION
I verify that the statements ~ade 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.
Sharon Romito,
Plaintiff
V.
Ronald Spahr,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 91-7371 CIVIL TERM and
NO. 93-3581
CERTIFICATE OF SERVICE
I, Jennifer S. Breen, hereby certifythat I have served a true
and correct copy of the Petition to Modify Custody Orders on Ronald
Spahr, residing at 9 Fairview Street, Newville, PA 17241, by U.S.
mail, postage prepaid.
Jennifer S. Breen
Certified Legal Intern
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
FAMILY LAW CLINIC
A service to the community by students
from The Dickinson School of Law
of The Pennsylvania State University
May 7, 1998
The Dale F. Shughart Community Law Center
45 Noah Pitt S~reet
Carlisle, PA 17013-2999
(717) 243-296g
Fax: (717) 243-3639
Court Administrator
Cumberland County Courthouse
i Courthouse Square
Carlisle, PA 17013
RE:
No. 91-737 and
No. 93-3581
Dear Madam or Sir:
I am writing regarding two Petitions to Modify Custody Order
which were filed today with the Cumberland County Prothonotary.
These petitions, in which the case numbers are referenced above,
are regarding identical tax issues which exist in the custody
orders of both Sarah Marie Spahr (No. 91-737) and Steven Anthony
Spahr (No. 93-3581). We request that the conciliation for both
cases be set for the same date and time, with the same
concilliator, so that both cases may be addressed at one time.
Sharon Romito is a client of the Family Law Clinic and is the
plaintiff in both of the above mentioned cases. She is also the
mother of both Sarah and Steven Spahr. Ronald Spahr is the
defendant in both cases, and the father of both children. For the
convenience of Ms. Romito, Mr. Spahr and the concilliator, we
request that the cases be heard together.
Thank you for your consideration of this matter.
Sincerely,
Jennifer S. Breen
Certified Legal Intern
cc: Sharon Romito
PENNSTATE
The Dickinson School of Law
An Equal Opportunity University
SHARON ROM1TO, :
Plaintiff :
Vo :
:
RONAI.r~ SP~JIR, :
Defendant :
:
IN THE COURT OF COMMON PLP~4$ OF
CO-I~F_~I,~ID COUNTY, P~qNSYLVANI~
CIVIL ACTION- LAW
IN CUSTODY
NO.91-737 UIVIL TERM and
NO. 93-3581
VERIFICATION OF SERVICE
Understanding that the making of any false statement would subject her to the penaltiea
of 18 Pa.C.S. 4904, the undersigned hereby verifies that she mailed a true copy of the Order
for a Custody Conciliation on the llth day of lune, 1998, by placing the same in the regular
U.S. Mail, postage prepaid addressed as follows:
Ronald Spahr
9 Fairview Street
Newville, PA 17421
N~chole M. Walters
Certified Legal Intern
Family Ia_w Clinic
4:5 North Pitt Street
Carlisle, PA 17013
('/17)243-2968
Dated: June 1:5, 1998
SHARON ROMITO (ELSESSER),
Plaintiff
RONALD SPAHR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN CUSTODY
NO. 91-737 CIVIL TERM
CUSTODY AND VISITATION AGREEMENT
y of 1995, between Sharon Romito
(hereinafter "mother"), and Ronald Spahr (hereinafter "father"), concerns the custody and
visitation of the child: Sarah Marie Spahr, born on April 8, 1990.
WHEREAS, mother and father desire to enter into an agreement as to the custody of the
child, Sarah Marie Spahr, and to have this agreement made an Order of Court, and to that'end,
mother and father agree to the following:
1. Mother shall have primary physical and shared legal custody of the child subject to
reasonable partial physical and shared legal custody by the father.
2. Legal custody shall be defined as the legal right to make major decisions affecting the
best interest of the child, including but not limited to medical, religious and educational
decisions.
3. Father shall have partial physical custody every other weekend from 6:00 P.M. on
Friday until 8:00 P.M. on Sunday.
4. Mother and father agree that the child will not leave the Commonwealth of
Pennsylvania without adequate notice given to the other party and the mutual agreement of both
parties.
5. Father agrees to refrain from smoking in the presence of the child in consideration
of the child's asthmatic condition.
6. Father agrees not to leave the child alone in the presence of Glenn Spahr while
exercising his right of partial custody.
7. Mother and father agree that the father shall claim the child as a dependent for tax
purposes.
8. School and national holidays will be shared upon mutual agreement of both
parties.
9. The parties hereto intend to be legally bound by the tetras of this agreement and that
it be made an order of the court.
ROINALD SP/GtIR
Date
Approved and emered as an order of court.
Date: ~ ~ ~o~4~,~-'~ Jo
SHARON ROMITO
Date
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
Jo
JUL 199
SHARON ROMITO,
Plaintiff
V
RONALD SPAHR,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
· /
:NO: 91-737 CIVIL TERM and
:NO: ~-3581 CIVIL TERM
:IN CUSTODY
COURT ORDER
AND NOW, this ~' day of July, 1998, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
The Orders of Court issued in the above cases dated July 23, 1996; July 14, 1995; and
July 24, 1995, shall remain in effect whereby Mother shall continue to have primary
physical custody of both minor children.
The prior Orders of Court are modified such that there shall be no Court Order directing
that the Father has the ability to claim the children as dependents for federal income tax
purposes. The Court makes no specific finding on which party has the ability to make
such a claim. However, the Court does note that the existing Orders provide that Mother,
Sharon Romito, enjoys primary physical custody of both minor children.
This Order is entered pursuant to the attached Custody Conciliation Report and it is noted
that the Father, Ronald Spahr, was not present at the Conciliation Conference. Mr. Spahr
reserves the right to petition the Court to have another Custody Conciliation Conference
scheduled on this issue and Mr. Spahr would reserve any and all claims he may have as
to any contractual agreement that he may have entered into with Sharon Romito relative
to the dependency deduction issue.
CC:
Nicole Walters
Ronald Spahr
9 Fairfield Street
Newville, PA 1724
BY THE COURT,
SHARON ROMITO,
Plaintiff
V
RONALD SPAHR,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
:
:NO: 91-737 CIVIL TERM and
:NO: ~1-3581 CIVIL TERM
:IN CUSTODY
Prior Judge: Harold E. Sheely
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the children who are the subject of this litigation
is as follows:
Sarah Marie Spahr, born April 8, 1990; and Steven Anthony Spahr, born October 3, 1991.
A Conciliation Conference was held on July 10, 1998, with the following individuals in
attendance:
The Mother, Sharon Romito, with her counsel, Nicole Walters of the Dickinson School
of Law Family Law Clinic.
There are two prior Custody Orders giving Mother primary custody of the minor children.
The Orders were at separate docket numbers. At issue is Mother's request to have a
provision of the Custody Order eliminated which provision gave the Father the
dependency deduction for federal income tax purposes for each child. The Father did not
appear at the Conciliation Conference. Mother's counsel has filed of record a Certificate
of Service. Furthermore, Mother relates to the Conciliator that Father was aware of the
Conciliation and he chose not to attend the Conference.
The request does not specifically deal with custody but rather deals with financial matters
relating to the dependency deduction for the children. The Conciliator recommends an
Order in the form as attached.
DATE
H~e~X. G~ tiro sqmre
Custody ~i~