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HomeMy WebLinkAbout00-00373 I , JAN 2 1 2000 fJ CRAIG SHEARER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . ; NO. cZ o-zro - d~J ........~ v. : CIVIL ACTION - LAW WENDY SHUMBERGER, : CUSTODY Defendant ORDER You, Plaintiff, Craig Shearer, and Defendant, Wendy Shumberger, are ORDERED to appear in person in the Custody Mediation Office, :30:::J.. ~. \ ~~ b .::0 L'\.Uci Lee/If LJ d l (l~ , Pennsylvania on the Il/;h day of fOYlACI'\ , 2000, at q rt 0' clock ~m. for a Custody Mediation Conference. If you fail to appear as provided by this Order or to bring the children, an Order for custody, partial custody, or visitation may be entered against you or the Court may issue a warrant for your arrest. 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 CUMBERLAND COUNTY BAR ASSOCIATION OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY THE COURT, , ]j~ ) 'JI. O(} J ;] I. t:YtJ /31'CJ~ . . . c ~", G.~ ~:H}?~;;rt.(~;~~,.-. ~ ,', iJ\il lj !1R" "-J.i\i r GO p~J ^ i l-J?"/q...1. Pti j: C:Q ',3 V CU~.;lf:3Ei~L~':i',;:'-' ! '1\" , PENNSYLVA~n,4UI'JTY twf~~~ 2t4~ 7iRfa ~ z, ~. ~~~ m./:3~ l!l ~_m~_ ~L, ,,~~..:\ll!W~;'~~F;'~"Ii'1;'J-lJ1f,i$l~W~ - ,_ "I~~~l~!lI'iI'iJWI!ii"'~~''fff'~''f~~~. '....,~ J ~"l!. CRAIG SHEARER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO, v. : CIVIL ACTION - LAW WENDY SHUMBERGER, : CUSTODY Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 -~= - ~ , Uilr ""''', NOnCIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo a1 partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO lNMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFIClNA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY A VENUE CARLISLE, PA 17013 (717)249-3166 I . ~ "~." CRAIG SHEARER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. .J HJ(J.' 3'73 C;;:t -u-- v. : CIVIL ACTION - LAW WENDY SHUMBERGER, : CUSTODY Defendant COMPLAINT FOR CUSTODY AND NOW, comes the above Plaintiff by and through his attorney, Jay R. Braderman, Esquire, and files the following Complaint: 1. The Plaintiff is Craig Shearer who resides at 1550 Williams Grove Road, Lot 103, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is Wendy Shumberger who resides at 22 West Hanover Street, Dillsburg, York County, Pennsylvania, 17019. 3. Plaintiff seeks custody of the following children: A. Clinton Shearer, age 7, born July 17, 1992 B. Colby Hamsher, age 8, born April 29, 1991 4. The children presently reside with their mother and then reside with their father when he is exercising his rights of physical custody. There is no custody order in effect, and your Plaintiff receives the children when Defendant Mother agrees to allow Plaintiff to exercise his rights of physical custody. " ,~ "'-~"~"'", 5. Clinton Shearer was not born out of wedlock. Colby Hamsher was born out of wedlock. Plaintiff was formerly married to Defendant, but they are now divorced. Plaintiff and Defendant are the natural parents of Clinton Shearer. Defendant is the natural mother of Colby Hamsher, and Plaintiff is the step-father of Colby Hamsher. 6. During the past five (5) years, the children have resided with the following persons at the following addresses: Date Resided With Place 10/1/95 Craig/Wendy Shearer 154 S. Baltimore St., Dillsburg, PA, 17019 8/1/96 Wendy Shumberger 154 S. Baltimore St., Dillsburg, PA, 17019 (formerly Shearer) and Ronald Weigle 4/1/97 to present Wendy Shumberger and 22 West Hanover St., Dillsburg, PA, 17019 Ronald Weigle When Plaintiff Father is enjoying his rights of physical custody of the children, they reside with him, his present wife, Annette Shearer, and Annette's daughter from a prior marriage, Ashley Barner, ten (10) years of age, born February 23, 1989, 7. Plaintiff Craig Shearer is the natural father of Clinton Shearer. He is married to Annette Shearer. Plaintiff Craig Shearer is also the step-father of Colby Hamsher and was a step-father to him while Colby Hamsher's mother, Wendy Shumberger, was manied to Plaintiff. 2 ~c~~ "I',' Defendant Wendy Shumberger is the natural mother of Clinton Shearer and is the natural mother of Colby Hamsher. She is not married. 8. The relationship of Plaintiff to Clinton Shearer is that off ather. Plaintiff currently resides with his wife, Annette Shearer, and his wife's daughter, Ashley Barner. The relationship of Plaintiff to Colby Hamsher is that of step-father. The relationship of Defendant to Clinton Shearer is that of mother. The relationship of Defendant to Colby Hamsher is that of mother. Defendant currently resides with her sons, Clinton Shearer and Colby Hamsher. She also resides with her boyfriend, Ronald Weigle, and their two (2) year old daughter, Amanda Weigle. 9. Plaintiff and Defendant have not participated in any other litigation concerning custody of the children. 10. Plaintiff does not know of any person not a party to proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The natural father of Colby Hamsher, not a party to this action, claims no custody or visitation rights and has, indeed, advocated that Plaintiff continue to have rights of physical custody of Colby Hamsher as the natural father believes that that is in the best interests of the child. 11. The best interest and permanent welfare of the children will be served by granting the relief requested because of the following reasons: 3 -J't' , .. '~lk' W:1<!# A. Defendant often refuses to allow Plaintiff to see his natural child, as well as his step-son. B. Defendant constantly threatens Plaintiff that she will not allow him to exercise any rights of custody. C. Plaintiff believes, and therefore avers, that a shared custodial arrangement is in the best interest of both the children, and that he is ready, willing, and able to provide them with the love, care, comfort, and guidance that they deserve. D. Plaintiff desires to playa significant and meaningful role in the children's lives, which opportunity is not currently afforded to him. E. Plaintiff seeks shared physical custody of the minor children. WHEREFORE, Plaintiff Craig Shearer requests this Honorable Court to grant him shared physical custody as requested above, subject to the shared physical custody rights of Defendant. Date: y , ra erman, Esquire Id. . 0 047 1 6 Lo st Street PO Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff, Craig Shearer 4 ~~ ~ -I r~' c-"",1C- VERIFICA nON Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: ~A ('\ \ ~ >9.000 ) I ~JL< Craig h er , ".I'"';,,,,I,.I,,,,>~,_J.' , , '" _' <J,,;,~., ......>=."'", ,.'1" "',", ,_ "',-'L>",,,, < " " . I ,. :l> Jl I Jl (J) -i tD c.. - m C ~ Jl ~ ~ m ~ Fl. " I OJ 0 .. :u.... :u ): z m moO . j z. Cl .:E ~tDclDO .::! ~ ~~ ~ ::J " H~ Ii: ~ '" 'l' OJ > m 21 ~ OJ -m !!: 0 0 :;j;: -i :l> o~ Z '1' I ~, . - I (.)J (') 0 c <::::> -vl~ gJr1C::i 2:';; ~ ,~~ ;:; c:; c~ 0 """" > eo C1 ~o ~ ~ ~ -< ::- f'V ~ ~~ ~- 1"1 ........ ........ (-~ "' .a C) tv o 0> Vv '" u.. 'i? , ~J\~~ si~ 9i~ c5rrJ ?& -< m~ ,-I, " '~'''' ,,"',' ~'~,' ,~ l, API! -6 2~ CRAIG SHEARER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2000 - 373 - CIVIL v. . : CML ACTION - LAW WENDY SHUMBERGER, . . : CUSTODY Defendant ORDER AND NOW, this l2b day of ~~ , 2000, upon consideration of the within Agreement, it is hereby ordered and decreed that the annexed Agreement be made an Order of the Court. , -pJJ. , ~ . i.f-7-00 RKS , " "","'''' ~ . " ".' ~ ~'r \:'\\::-.c nc::'r,r; "l ; \ '.X, ,'C\" (,7;\ ','~),,;Olp,f 1 no: 1.,..-' "H)Q -6 OJ.' ,', \l(i \: :)9 , ,-, 1',r1'V ", \'0 L'i 1"\\\11 CUI\j\G~t~'~.;:;~!l-~ 1j;J~r:. ?c.\'~\"~)\ L-\JJ > ~J, "".~l, ~J.~~$Wi:lI!\'Jlm!iI~'-j!lI1rJ1;'_~~'$l~!ll'!~"!ftl!l'j-j~~ffi!'~~;,"'f"'iW?~llf~ ,~ "'" I,. il:I" ".="~, . CRAIG SHEARER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2000 - 373 - CIVIL v. CIVIL ACTION - LAW WENDY SHUMBERGER, CUSTODY Defendant CUSTODY AGREEMENT AND NOW, to wit, this 4~ day of ltprl \ , 2000, come Plaintiff, Craig Shearer, by his attorney, Jay R. Bradennan, Esquire, and Defendant, Wendy Shumberger, by her attorney, Diane G. Radcliff, Esquire, and file for Entry of Agreed Upon Custody Order and in support thereof state as follows: 1. Plaintiff, Craig Shearer (hereinafter referred to as "Father"), is an adult individual who currently resides at 1550 Williams Grove Road, Lot 103, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Wendy Shumberger (hereinafter referred to as "Mother"), is an adult individual who currently resides at 22 West Hanover Street, Dillsburg, York County, Pennsylvania, 17019. 3. The parties were previously married but are divorced. One child was born of this marriage, namely: Clinton Shearer, born July 17, 1992. -~ Ie _I -~', ~, 4. Prior to her marriage to Plaintiff, Defendant, Wendy Shumberger, became the mother of a child, Colby Hamsher, born out of wedlock on Apri129, 1991. While Plaintiff is not the biological father of Colby Hamsher, he stood in loco parentis and "acted" as a father to said child during his marriage to the child's mother. 5. The parties believe it is in the best interests of the minor children and are desirous of entering an order establishing custody of the children. (a) The parties shall share legal custody of Clinton Shearer. (b) As to Colby Hamsher, Mother shall be required to provide Father with all information and documentation pert3inine to all important matters regarding Colby's education and general well being so that Father is kept informed as to the child's progress and general well being. 6. Primary Physical Custody. Mother shall have primmy physical custody of the minor children. 7. Partial Physical Custody. Father shall have partial physical custody of the minor children as follows: (a) Alternating weekends beginning Friday, 6:00 p.m., to Sunday, 7:00 p.m. Father will provide dinner to the children on Sunday night. 2 ~ " ., ' ~~'"' "" """ _I I~L'_:&}, (b) Two (2) non-consecutive weeks in the summer upon thirty (30) days advance notice provided that Father is off from work and is able to spend full time with the children during these periods. (c) Alternating standard five (5) holidays (Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving day). The times are to be agreed upon by the parties. Mother shall have every Mother's Day, and Father shall have every Father's day. (d) Mother shall have custody every Christmas from 12/24 at noon to 12/25 at noon. Father shall have custody every Christmas from 12/25 at noon until 12/26 at noon. 8. The conferring of partial custody rights upon Father with Colby in accordance with this agreement shall not under any circumstances give him the right to seek or obtain primary physical custody of Colby in the future or any expansion of his partial custody rights without Mother's express consent, it being acknowledged that Father shall have no standing in any further custody proceedings except for the enforcement of the rights set forth in this agreement. 9. Upon the direction and decision of Colby Hamsher, Father's partial custody rights shall be modified or tenninated. 3 '~,,_....~ ~ ---'-;n, ~ " ,~ "~~, ,~~~ - ".- ---- ~~ .= ~IJ ~~Ii'- " ~ j 10. The parties shall be allowed unlimited telephone contact with the children as long as it is not burdensome and harassing. 11. Neither party shall speak ill of or malign the other party to the children. 12. The Agreement is to be incorporated into Court Order. WHEREFORE, the parties hereto and their counsel consent to the within Agreement and request the Court enter the same as an Order of Court. G ffi (\~-\* ~ ~~'RQD~J\J ^--, WITNESS ~.~ '/ / '" C~' G - '~R/ ~- ~ IN-{Iu.It) of/ JP-HibJ WITNESS IRE F,ESQ r Defendant/Mother 4 _., ,~" <,,", ',lo"~,~'=",..,_. ,~, ,_"_,, ~'"""",,~,,., '~",.:o"",. .,j , .~ ~ " , . . ~ . .. I :> JJ JJ a; C- Ol ., C ~ m JJ ~ c I\) m ~ Ol . :2J r " 1I11r :> 0 moO :E z m Z' () III 0 ZOlC 3 cnocn :II ' "T1 -<x" :l> "T1 ::! rr C (; I\) < ., m m '" :> JJ :II .9) I\) Z m en -- m i!: Ol :>? ., :l> 0 :;;~ 0 Z ~ 0 '" ~i 0 C) 0 C 0 " s:: "" ~~ -ocu ~'a ~~ nlnl :;:0 i,l ,--- z:rJ , r'n --:>'" f~'" CJ en 'T'"~ .I'C' ~,::J(S -<:;:~ ~o -v ~;i! :P~ --,;,. 7'",1 ":..,") --0 q(Tl )>c '>' z r::- 55 =< c1'\ -< ,_~^< ~ic-' _'"" ,~,~", ~, - , ",';,", ;'-'e_ --,' .^.' , ",'I< . "i_",'''fr~'~'',: ,,- - ---:.1 ",~ ,:, -";,-,,, '""'0""':'W-'.?" '",,-",%>;.-> < ,;c,'~.,,- "" ' I" I~ L; W li I, I I' ~: I: I APR - 7 20~ CRAIG SHEARER, Plaintiff ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-373 CIVIL TERM WENDY SHUMBERGER, Defendant CIVIL ACTION - LAW ORDER AND NOW this 0fJ--.. day of ~-y I , 2000, it being reported to the Conciliator that the parties have reached an agreement which makes further proceedings unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, MICHAEL 1. BANGS Custody Conciliator cc: Diane G. Radcliff, Esquire Jay R. Braderman, Esquire ;1'I '".~ . v "c,.c .."". ~ " . ...,,<,1" . . "-1; " ~ . ~ - . ~- {") Q C. C Q " g 'P' -on1 ~"Cl rnp, ~o 2::0 ,en 2 ("" n (f) ? {'.) ;c "" c,) r:::C) ~ ',- -r, );;.-""", :lJ Z"": Z:") :>C. S1 ~'~i~ rl1 ,--' C ;:;:~ Z; .:J1 ::-:-J =< (J1 ~~ ~,' '""~'-' "~ .':~<;