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HomeMy WebLinkAbout06-2154Shayla Zalewski, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-;ZIS-q CIVIL TERM Jon Bevins, : CIVIL ACTION - CUSTODY Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Shayla Zalewski, an adult individual whose residence is at 11 Irvin Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Jon Bevins, an adult individual whose residence is at 200 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 3. 4. of defendant. 5. Name Plaintiff seeks custody of her child Hayden C. Bevins The children are presently in the custody primarily of plaintiff and partially The children have lived at the following addresses: Address Hayden C. Bevins 11 Irvin Drive Shippensburg, PA 428 Brooke Circle Mechanicsburg, PA 200 North Middlesex Rd Carlisle, PA Dates February 2006 - present January - February 2006 October 2005 - January 2006 6. The relationship of the plaintiff to the children is that of natural mother. 7. The relationship of the defendant to the children is that of natural father. 8. The plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. 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. 11. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. WHEREFORE, plaintiff requests your Honorable Court schedule a conciliation conference and subsequently grant the plaintiff's requests for shared legal custody and primary physical custody of the child to the plaintiff with partial physical custody of the child to the defendant. "7- Date Respectfully Submitted TURO LAW OFFICES Galen R. Waltz, Esc 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Shayla Zalewski, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06- CIVIL TERM Jon Bevins, : CIVIL ACTION - CUSTODY Defendant VERIFICATION I verify that the statements made in the foregoing Complaint for Custody 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. e" i Date Shayla alewski CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Complaint for Custody, by depositing same in the United States Mail, first class, postage pre-paid on the )7 . day of April, 2006 from Carlisle, Pennsylvania, addressed as follows: John Bevins 200 Middlesex Road Carlisle. PA 17013 TURO LAW OFFICES Garen R. Waltz, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 .?. ? .?? ? .,? 1?. ," ?._ 4 ? ..'`?, ?- r ? r *n -- o??'?: ? ?. Q,,, L _.'. ?? '> SHAYLA ZALEWSKI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JON BEVINS DEFENDANT 06-2154 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, May 01, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 26, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five 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/ ac ueNne M, Veme Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 n'oz Shayla Zalewski, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2154 Jon Bevins, : CIVIL ACTION - CUSTODY Defendant CUSTODY STIPULATION/ORDER AND NOW, this Ok day of May, 2005, it is hereby ordered, stipulated and agreed between the parties as follows: 1. Hayden C. Bevins, born October 9, 2005 is the natural child of Shayla Zalewski and Jon Bevins. 2. The Father, Jon Bevins, and the Mother, Shayla Zalewski, shall enjoy shared legal custody of Hayden C. Bevins, born October 9, 2005. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections for the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 3. Shared physical custody of the child shall be in the mother and father in accord with the following schedule, beginning on May 11, 2006 and the physical custody of the child shall be in accordance with the following fourteen day rotation: r 88 :01 Nv 01 JAW 9002 AMON'OHiCl8d 3Hl 3© 3043 ( 113 a. May 11, 2006: Mom shall have the child from 12:00 p.m. noon until Tuesday May 16, 2006 at 12:00 noon. b. May 16, 2006: Dad shall have the child from 12:00 p.m. noon until Sunday, May 21 at 12:00 noon c. Sunday May, 21, 2006: Mom shall have custody of the child until Tuesday, May 23, 2006 at 12:00 noon d. May 23, 2006: Dad shall have the child from 12:00 noon until Thursday, May 25, 2006 at 12:00 noon. 4. The above fourteen-day schedule will be repeated unless otherwise agreed upon by the parties. a. The cycle shall continue to repeat itself every 14 days throughout the calendar year. 5. Exchange of custody shall occur by the non-custodial parent securing custody of the child at the residence of the custodial parent unless the parties agree otherwise. 6. The Holidays custodial periods of the child shall be as outlined below: Memorial Day, 2006 - Mother shall have custody of the child from 8:00 a.m. to 8:00 p.m. July 4, 2006 - Mother shall have custody of child from 8:00 a.m. to 12:00 p.m. (noon); Father shall have custody of the child from 12:00 p.m. (noon) until 4:00 p.m. Labor Day, 2006 - Father shall have custody of the child from 8:00 a.m. to 8:00 p.m. Thanksgiving, 2006 - Mother shall have custody of the child from 8:00 a.m. to 2:00 p.m.; Father shall have custody of the child from 2:00 p.m. until 8:00 p.m. Christmas Eve/Christmas, 2006 - Mother shall have custody of the child from Christmas Eve at 8:00 a.m. until Christmas Day at 12:00 p.m. (noon); Father shall have custody of the child from 12:00 p.m. (noon) until 12:00 p.m. (noon) the day after Christmas. New Year's Eve/New Year's Day 2006 to 2007 - Father shall have custody of the child from New Year's Eve at 12:00 p.m. (noon) until New Year's Day at 12:00 p.m. (noon); Mother shall have custody of the child from New Year's Day at 12:00 p.m. (noon) until the 12:00 p.m. (noon) the day after New Year's Day. Martin Luther King Day, 2007 - Mother shall have custody of the child from 8:00 a.m. until 8:00 p.m. President's Day, 2007 - Father shall have custody of the child from 8:00 a.m. until 8:00 p.m. Easter, 2007 - Mother shall have custody of the child from 8:00 a.m. until 2:00 p.m.; Father shall have custody of the child from 2:00 p.m. until 8:00 p.m. The above Holiday schedule shall alternate and rotate each year unless agreed upon otherwise by the parties. Mother's Day - Mother shall always have custody of the child for the entire day. Father's Day - Father shall always have custody of the child for the entire day. 7. Birthdays November 23: Mother's birthday, except when November 23 occurs on Thanksgiving, when the above outline shall govern, mother shall have custody of the child from 8:00 a.m. to 8:00 p.m. February 15: Father's birthday, Father shall have custody of the child from 8:00 a.m. until 8:00 p.m. October 9: Hayden's birthday, Mother shall have custody of the child from 8:00 a.m. until 2:00 p.m.; Father shall have custody from 2:00 p.m. until 8:00 p.m.' 8. Vacation: Each party shall have 2 weeks (consecutive or non-consecutive) vacation each year with the child. Thirty days written notice shall be provided to the other parent detailing the destination, emergency telephone numbers, and the identities of the child's traveling companions. 9. No alcoholic or illicit drugs shall be used by the custodial parent when the child is in their custody; likewise, the custodial parent shall not be under the influence of alcohol or illicit drugs while the child is in his/her custody. 10. Neither parent shall make nor permit disparaging remarks to be made about the other parent within "ear shot" of the child. 11. The parties may alter this schedule as they may agree. However, if the parties cannot agree, the schedule outlined in this order shall control. 12. Both parents shall have liberal and reasonable telephone contact with the child when the child is in the custody of the other parent. 13. The custodial parent shall inform the non-custodial parent immediately of all medical appointments and problems pertaining to the child. 14. In the event either party wishes to modify this Stipulation/Order, they may petition to have the case scheduled with the Court. This Custody Stipulation/Order shall be entered as an Order of Court. . ?/-, 112 L D to Shayla Z ewski Da Jon B Wins BY THE COURT, s I I o o.,e CL, () 5,16 ,pb MAY 1 9. 2006 SHAYLA ZALEWSKI : IN THE COURT OF COMM Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2154 CIVIL ACTION - LAW JON BEVINS, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 12th day of May, 2006, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ac eline M. Verney, Esquire, C o y Conciliator p vlNVKl.R5NN3d A1Nncr ,_, ,;-o. wno LS ZI Nd S I AN 90OZ AHdlONOHiWd 3Hl .30 301:1I0-031H JUL 3 0 2008 DOROTHY BEVINS and : IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART BEVINS, Plaintiffs ; NO. 2008-3729 CIVIL ACTION - LAW V. JONATHAN BEVINS and : IN CUSTODY SHAYLA ZALENSKI, Defendants SHAYLA ZALENSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2154 CIVIL ACTION-LAW ? JON BEVINS, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this ?S1 day of v v , 2008, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: 1. The dockets at 2006-2154 and 2008-3729 are hereby consolidated. 2. The Order of Court dated May 10, 2005 is hereby modified as follows: 3. Paragraphs 3 and 4 of the Order of Court dated May 10, 2005 are hereby vacated and replaced with the following. A. Mother shall have physical custody of the child every Sunday, Monday and Wednesday overnights at times agreed by Mother and Father. B. Father shall have physical custody of the child every Tuesday and Thursday overnights at times agreed by the parties. C. Mother, Father and paternal grandparents shall alternate weekends every three weekends with Father having the first weekend, Friday, August 1, 2008 to Sunday, August 3, at times agreed by Mother and Father. Paternal grandparents shall have the next weekend from Friday at 4:15 p.m. to Sunday at 5:00 p.m. Mother shall have the next weekend from Friday to Sunday at times agreed by Father and Mother. D. The weekend schedule shall continue to alternate thereafter on the following rotation: Father, Grandparents and Mother. d t r` 4. Receiving party shall transport for Grandparents' weekend custodial periods. 5. All other provisions of the Order of Court dated May 10, 2005 shall remain in full force and effect. 6. This Order is entered pursuant to an agreement of the parties at a Custody of provisions of this Conciliation Conference. The parties may modify terms the der shall control. by mutual consent. In the absence of mutual consent, BY THE COURT, M.L. Ebert, Jr., cc' ZJne Adams, Esquire, Counsel for paternal grandparents nathan Bevins, pro se 365 N. Hanover Street Carlisle, PA 17013 ,/ Shayla Zalewski, pr se 16 E. McClure Street Apt #4 New Bloomfield, PA 17068 Cop I'ss m*j ( LCL S !/DB J. DOROTHY BEVINS and STEWART BEVINS, Plaintiffs V. JONATHAN BEVINS and SHAYLA ZALENSKI, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3729 CIVIL ACTION - LAW IN CUSTODY Defendants SHAYLA ZALENSKI, Plaintiff V. JON BEVINS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2154 CIVIL ACTION-LAW IN CUSTODY PRIOR JUDGE: M.L. EBERT, JR., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I . The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hayden Ignacio Bevins October 9, 2005 shared between Mother & Father 2. A Conciliation Conference was held in this matter on July 29, 2008, with the following in attendance: The paternal grandparents, Dorothy Bevins and Stewart and Bevins, with their counsel, Jane Adams, Esquire, the Father Jonathan Bevins, pro se Mother, Shayla Zalewski, pro se. 3. A prior Order of Court was entered by the Honorable M.L. Ebert, Jr. dated May 10, 2005 at docket No. 2006-2154, providing for shared legal custody and shared physical custody by the parents. 4. The parties agreed to an Order in the form as attached. -7 -6 k Date acq ine M. Verney, Esquire Custody Conciliator