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HomeMy WebLinkAbout00-03851 ~._i" ...,J .~ ~- -"'-, JUL 3 1 20~ SUSANNE MARIE STOVER, Plaintiff, :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYL VANIA v. No. 2000-3851 CIVIL ACTION - LAW STEPHEN ALAN SHOE MAKER, Defendant. IN CUSTODY ORDER OF COURT AND NOW, this 28th day of July 2000, the Conciliator, being advised by Plaintiffs counsel that all custody issues have been resolved by Stipulation of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for July 31 st, 2000 is canceled. FOR THE COURT, ~r3\ Me1ssa Peel Greery, Esquire Custody Conciliator 'U' '. .d..._~ ".'^'M' .....~~~~~~i!i;i~~~~- _,l ~, ",<" ... '.t.illII ~ r' c _' ~~ ~TJ f~' ITi(.. -7-,' 65S~', -......,;: ~:, r:::C' ~~e Z --1 -< ~ ~-:;-) ~:~ .--. , I I, I i " I , i 'I, I: ....... ';-;' ",-1 ___I ~~ :< :00 (..J ~ '. . . SUSANNE MARIE STOVER, Plaintiff ~, - .",",'_~~, i" " : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO.oo-3PSf CIVIL CIVIL TERM STEPHEN ALAN SHOEMAKER, Defendant : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Susanne Marie Stover to proceed in forma pauperis: I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs oflitigation is attached hereto. Carey, Attorney for P EGAL SERVICES, IN 8 Irvine Row Carlisle, P A 17013 -,-= L - , . _-- ~. SUSANNE MARIE STOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- CIVIL CIVIL TERM STEPHEN ALAN SHOEMAKER, Defendant : CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing 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 information below relating to my inability to pay the fees and costs is true and correct. a) Name: Address: Social Security Number: 178-58-3403 b) If you are presently employed, state Employer: Address: Salary/wages per month: Type ofwolk: If you are presently unemployed, state Date oflast employment: approximately May 1, 2000 Salary/wages per month: $2. 89/hour plus tips $lOO/day, 5 days/week Type of work: waitressing c) Other income within the past twelve months Business/profession: housekeeping $4.75/hr. plus $25/day Other self-employment: Interest: None --I I i ,.", '...... y.,' Dividends: None Pension and annuities: None Social Security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Worker's Compensation: None Public Assistance: None Other: Food stamps of $302/month since May 2000 d) Other contributions to household support Wife/Husband Name: N/A Ifwifelhusband is employed, state Employer: Address: Salary/wages per month: Type of work: Contributions from child: e) Property owned Cash: None Checking Account: N/A Savings Account: N/ A Certificates of Deposit: N/A Real Estate (including home): N/ A Motor vehicle: N/A Stocks/bonds: N/A Other: N/ A t) Debts and obligations Mortgage: N/ A Rent: $259/month Loans: N/ A Monthly expenses: Unknown - moved in to new residence May 2000 g) Persons dependent upon you for support Wife/husband Name: N/A Child, if any: 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. I"~ . " ,. -,," -" ' " 5. I verify that the statements made in this affidavit are true and c~rrect. I understand that false statements herein are made subject to the penalties of 18 Pa.CS. ~4904, relating to unsworn falsification to authorities. Date: (0 - Ii - flr 'f'x'J ~A4nAUW '11! ~ Susanne Marie Stover, Plaintiff 4lUtIIl' tillilt-- ~~~~m~'i;d ..,.. ~~II!i,Ji.('-l1J' """-~-"" """f '~"'.->- '"",,.- '; '0 iJIII!Ij U ,"<- '.- lll!u- o ~:; ill ~: '~--,' 2~r-" (i~ " ;::" ~~ .J"""",-, j;E -_/ ::::.; -< -~ ~tz <:\- ~ \2 <=: ~ Cj n i'ii j;!: ;1!! " i~1 I'i I',,! ,'I 1,1 ~i Iii ;,j I', ~: iq ~! I Ii i jj !j Ii .I i , I , , ,._,' C) ,~.-) ;'-.) :.-:J I () ~H C~ ", ',_,J ,::''J 'D :::',-,'~ 5; -< ~ . ~. __. L ..... - :.0'." SUSANNE MARIE STOVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. STEPHEN ALAN SHOEMAKER 00-3851 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 26th day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the ~ day of AUl(ust ,2000, at 11:15 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. FOR 1HE COURT, By: /s/ 'ssa P. Greev E 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 TOYOURATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - __ ,~_v -P~'~"",,"_"" " _n .",," .' - -"~,- .^~- ., HL::"J}-G;+:CF ("iF' T;,,'~: ;)r;/Y~I"-'-"(~11-'~-"')'lcl"\H-'V '. "- 1, ,.~. ; J.,)I '_'_ ',j i 00 ,JUM 28 Ail'! 10: SO CUMBEIiLANO COUNTY PENNS~lVAN1A u/;).g/a; t4/o ~ ~ -t-~s: tf/~;btl ~ hf~ ~ ~ ~p~j:J# I~ ~ ~ all ~ II Ii II II ii'_ - - .~~ -, ~ ..,., , m ,...1),. :JJI!iIjIl'",'lP__~~ - I) "~ l~ "~ ~,M ..~",...~~~~l!I#'l~ ., -... ,~, ~ , -r1 0C ~~~\ sY~~.- .' ".-"-, ",. . ,. _.,_, '-c'- ~,"', -"' _~"_- ,X",_,,~,_ . --!>' ~-,-"" '}j '_..0-" , . SUSANNE MARIE STOVER, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- ..lJ?S I CIVIL TERM STEPHEN ALAN SHOEMAKER, Defendant : CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ,the conciliator, ~ M~ _ day of ,2000, at .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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, Date Custody Conciliator 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. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the 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. SUSANNE MARIE STOVER, Plaintiff ~'o' , IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA : NO.OO- 3 ?5/ STEPHEN ALAN SHOEMAKER, Defendant CIVIL TERM : CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff is Susanne Marie Stover, residing at 1728 Orrstown Road, Shippensburg, Franklin County, Pennsylvania. 2. Defendant is Stephen Alan Shoemaker, residing at 35 Pond Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Stephen Alan Shoemaker, Jr. DOB: 6-15-99 The child was born out of wedlock. Present Residence 35 Pond Road Newville, PA Age 1 year The child is presently in the custody of Stephen Shoemaker, who resides at 35 Pond Road, Newville, Cumberland County, Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Plaintiff, Defendant, parties' daughter, Brenda Shoemaker, Defendant's sisters, Mary Futrell, and August Price, August's son, Roman Price, and Defendant's mother, Shelvy Price Address 35 Pond Road Newville, PA Date 06/15/99 to 02/10/00 "II'''~ .~-~ _ il'E- Name Parties' daughter Brenda Shoemaker Defendant's sisters, Mary Futrell, and August Price, August's son, Roman Price, and Defendant's mother, Shelvy Price Address 35 Pond Road Newville, PA Date 02/10/00 to the present The mother of the child is Susanne Marie Stover, currently residing at 1728 Orrstown Road, Shippensburg, Pennsylvania. She is single. The father of the child is Stephen Alan Shoemaker, currently residing at 35 Pond Road, Newville, Cumberland County, Pennsylvania. He is single. 4. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with the following person: Name Stephen Middlekauf Relationship Fiance 5. The relationship of Defendant to the child is that of father. Defendant currently resides with the following persons: Name Stephen Shoemaker, Jr. Brenda Shoemaker Shelvy Price Mary Futrell August Price Roman Price Relationship Son Daughter Mother Sister Sister Nephew 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. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. '" - ~. 8. 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including but not limited to: a. Since approximately February 10, 2000, Defendant has continuously restricted Plaintiff s access to her son. b. Defendant has consistently refused to provide transportation for Plaintiff to take the child to necessary medical appointments. c. Defendant lives in a three bedroom trailer with three other adults and three children. The minor child currently sleeps in a playpen in the living room. d. Plaintiff has concerns as to the quality of care the child is receiving from Defendant. e. Plaintiff can provide for the child's needs, has a 3 bedroom home appropriately furnished, including a bedroom and bed for the child. 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. WHEREFORE, Plaintiff requests this Court to award her primary physical custody of the child with partial custody in Defendant every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and at other times mutually agreed upon by the parties, until further Order of Court after a conciliation scheduled in the matter. .l.ti Respectfully submitted, LEGAL SERVICE 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 '"-~- ,= ~ . VERIFICATION I verifY that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Complaint are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities. Dated: {;-Y- ;loop ~~ ?1( ~_ Susanne Marie Stover, Plaintiff '10" (/;1;['(''''" \ ~ l~ \J ] i-j I!; ii, i!1 )t I I 1:: II ," It IJ !~ i; Il pi L ~: I.' r; i'" I' (, I I, I i; [i ;~ iii !J i;; " :1 " if U i'i " - ,.=- .<,",' .-"" !fIlwiii:jjJitJ'""""'" h1iifJllllil(l .lj~.jj~il::~~";~ ,)f '_'_f,t.,.,~ ,'f ~LD.l~f"",."_"'re<,..=",~J, -, .~.~~,~~ .---~~, r" "~'",". .-_~ '. .," . ,'" 'i;1[Jjdili.~ J-iftiIiil _l~.d '.., ^, "> 'JlliilII'= ~[J (") 'C:.o:; () ~~ C:J ur] , ~:-j \) C " !T] " 1 ~"P ,~.::_- ~:.: !, <, (, " ~;; J"::: .. .c:.... I~--: -".- .. - ---j :::) -<. , D " , d~~' -~ c.- 'J ~,,~, , 0' "_' 1 ,..~o_,,;:,_, _.' ",_', "",co",',," ; ~- < _ ._ SUSANNE MARIE STOVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. STEPHEN ALAN SHOEMAKER: Defendant NO. 00-3851 CIVIL TERM ORDER OF COURT AND NOW, this2L'~ay of June, 2000, upon consideration ofPlaintiirs Petition for Special Relief, this rnatter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. BY THE COURT, Joan Carey: Esq. ~ ~ tJ~ M -- .Id &.p.a<jcJ~ Legal Services, Inc. T- - ~ 8 lrvine Row Carlisle, PA 17013 Attorney for Plaintiff Stephen Alan Shoemaker - ~ ~ tP/;Pho 35 Pond Road Ic- Carlisle, PA 17013 Defendant, Pro Se James D. Flower, Jr., Esq. 11 East High Street Carlisle, PA 17013 Court Administrator :rc ........~ '?-" ,=, '~]lO"~ilim.llilil:J " liI~j~ ,- -- ,",",",-~~'. ,~.~. b:li><i ~ \l\N'!t\lJ-.,SNN3d ^-Ll\lnCO ClHr\H38\"lnO L'1 :GI \,\~ BZ Hfll 00 H~'11C\\U':.\C::.J~, :;0 'J1JH:t(}{j"J"\\5 ,,~~ "',n, ~, '- , .." ~ - ~-= , ]' "__A__ ~-"" _ ,--,,,", -:-j:C-'-'.'~"O'_'", . . ," SUSANNE MARIE STOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- 3 '85/ CIVIL TERM STEPHEN ALAN SHOEMAKER, Defendant : CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this _ day of June, 2000, upon consideration of the attached Petition for Special Relief, Plaintiff is granted primary custody of the parties' minor child, Steven Alan Shoemaker, Jr., with Defendant having partial custody of the child on alternating weekends from Friday at 6:00 p.m., and at other times mutually agreed upon by the parties. This Order shall remain in effect until further order of Court after a conciliation scheduled in the matter. By the Court, Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Stephen Alan Shoemaker, Defendant 35 Pond Road Carlisle, PAl 70 13 James D. Flower, Jr. FLOWER FLOWER & LINDSAY 11 East High Street Carlisle, P A 17013 j''''" '_"..' '\,.;~;''-'' c, ..,~ no' . . SUSANNE MARIE STOVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. STEPHEN ALAN SHOEMAKER, Defendant : NO. 00- 3 % 5' ( CIVIL TERM : CUSTODY PETITION FOR SPECIAL RELIEF The petitioner by and through herlhis attorney, Joan Carey, of Legal Services, Inc., represents the following: I. The plaintiff, Susanne Marie Stover, hereinafter referred to as Mother, resides at 1782 Orrstown Road, Shippensburg, Franklin County, Pennsylvania 17257. 2. The defendant, Stephen Alan Shoemaker, hereinafter referred to as Father, resides at 35 Pond Road, Newville, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of Stephen Alan Shoemaker, Jr. 4. A Complaint for Custody was filed on the same date as the petition for special relief in the above-captioned matter by Mother and a conciliation conference is being scheduled. 5. It is in the child's best interest to be in Mother's custody for reasons including, but not limited to, the following: a. Mother resided with child until approximately February 10, 2000, and had been the primary care giver of the child. b. Since approximately February 10, 2000, Father has continuously restricted Mother's access to her son. c. Father has consistently refused to provide transportation for Mother to take the child to necessary medical appointments for urological surgery. Moreover, Father has allowed the child's medication for his asthma, which needs to be administered four times a day, to run out, which exacerbates Mother's concerns. d. Father lives in a three bedroom trailer with three other adults and three children. The minor child currently sleeps in a playpen in the living room. . " ,- T ,;;. c-;'"_-<~ " e. Mother has concerns as to the quality of care the child is receiving from Father. Father provides little or no care and/or supervision and inadequate hygiene for the child. f. Mother can provide for the child's needs, has a three bedroom home appropriately furnished, including a bedroom and bed for the child. g. Father has abused Mother in front of the child, adversely affecting the child. 6. Father has consistently refused to cooperate with Legal Services, Inc's staff who have contacted him to arrange periods of Custody for Mother and her son. Without this Court's intervention, Mother will continue to be denied contact with her child, resulting in harm to the child who has a strong bond with her. WHEREFORE, Plaintiffrequests thatthis court enter a Temporary Order granting immediate primary custody of the child to the Plaintiff subject to partial Custody in the Defendant on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and at other times mutually agreed upon by the parties. Plaintiff requests any other relief which is just and proper. Respectfully SUbmitted'c~ ~@~ , Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 "_ 0- ~ - - .k<' .-."- ~ _, VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn fa1sification to authorities. Dated: (0 - 5" ~ e:JOOO ~<lM-ItQ m ~ Susanne Marie Stover, Petitioner ,:;,~ '^ -.( 1iil.~_j~i<gw~I$;jl''f''i:tlll~~^~.~~. ~~ ~~ .-' ~-~ -_. c",. 'u,,", _."'. ", , "-~ ."........,. tiI1i,o r I I [ I f I I I: r f 'I (j C:) ~:::' c, C) :;:, , T , , IT, "Y" T> ~~ -, , ", , ,-...-.) :2 ~? - I '( ) r-:. C ~-::) ", J I, ~~: c:; .') '1 { ""~ c~ :.;-:-~, (~: " ,-.., i-,'I Z ~:~ -" S:J -< C? ~~ ~"'~ -~ " , " , - ~'~'.dl1i-~h!*,' . SUSANNE MARIE STOVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-3851 : NO. 96-5752 CIVIL TERM STEPHEN ALAN SHOEMAKER, Defendant : CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this f] ft, day of~, 2000, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children Brenda Lynn Shoemaker, d.o.b. 2/8/96 (96-5752) and Stephen Alan Shoemaker Jr., d.o.b. 6/15/99 (00-3851): I. Plaintiff, Susanne Marie Stover, hereinafter referred to as Mother, and Defendant, Stephen Alan Shoemaker, hereinafter referred to as Father, shall share legal custody of Stephen. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's well-being including, but not limited to, all decisions regarding his health, education, and religion. 2. Mother shall have primary physical custody of Stephen. 3. Father shall have partial physical custody of Stephen for alternating weekends from Friday noon until Sunday noon beginning Friday, July 14, 2000, except that Father shall have custody of both children from Thursday, July 20,2000, through Sunday, July 23,2000, instead of the weekend of July 28, 2000, through August 1,2000. Mother shall have both children September I, 2000, through September 3,2000, and if this falls on Father's weekend, she shall make up the time as agreed by the parties. 4. Mother and Father shall meet at the home ofthe maternal grandmother in Newville, Pennsylvania, at the times of transfer of custody. 5. Mother and Father may vary from the Court ordered custody schedule only if they mutually agree. 6. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. Each parent will notify the other of all medical care the child receives while in that parent's care. 7. The parties realize that their child's well being is paramount to any differences ,'- , - ~~" '" , ., '~'t'C~iI4f ~ . .. < they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from either parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. 8. The Custody Order of February 12, 1997, regarding the parties' daughter, Brenda Lynn Shoemaker, remains in effect, granting Mother and Father shared physical custody for alternating weeks, but is modified as follows: i. Transfer for the alternating weekly periods of Custody shall occur at the home of the maternal grandmother in Newville, Pennsylvania. ii. Transfer of custody of the daughter shall be at noon each Sunday beginning with Father having the week of July 9, 2000. 9. This Order shall remain in effect pending other Order of Court. By the Court, If entered pursuant to the consent of the Plaintiff and the Defendant: -Jt/~D.AL-I1r2 7J'} ~~ 7-71--8(1:D Susanne Marie Stover, ] Plaintiff j~/ (2,~/Y"I~ 7-5"~oo St phen Shoemaker, Pro Se Defendant k(J~ Attorney for Plaintiff TRUE COPY FROM RECORD In Testimony wI1el'llOf.1 her8 unto set my hand rind tk~" m ~ ~Court Car1fsle, Pa. r"hIS;.Juca~' '1./ . PaJO Prothonotary .~' ~, ~!lItlittlMii~"''';~h-' lliI -~jOO:it~~iIlifli3>,~iJiJ1ili Utlr~M4t~ " . "W, '0" ", ",,,,,,,,,"",- ~ ~ Q c. :t:..... "'UP,":; rpU-~ ~...Ii <'::c;' (f)..-., r:;;Z: ~C; ):> 5-0 5So c ~ , -_.,~ T _!Ill'EIlIL IT. r", " ,- c-,. o i:=: ;....;;; r-'-. -'I'; I 0,-./ " , }j~~~ 1.-"j:!J --:::"('J c"'-srr, ~ ..J;) -< ~;,. ".. ,-. . - ~ SUSANNE M. STOVER PLAINTIFF IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 96-5752 / CIVIL ACTION LAW 00-3851 V STEVEN A. SHOEMAKER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 30, 2003 , 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 301 Market Street, Lemoyne, P A 17043 on Tuesday, September 02, 2003 at 8:30 AM for a BYe-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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 hear~. 8 ~ FOR THE COURT. -ut; ~- ~-;::!J cpL~ r- rl1{ 7("., (JOl ~3d (f)_, ", <::> ,"", L -<~; :=:{c~ ~t,,- -0 -.,"n ;;: c :x;:) ES -0 ;c-ITI :Pc. r:-.> '-> ~; f;:" ?i5 The Court of Common Pleas of Cumberland County is required by law to comply witn<the ~eri~s 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. By: Isl Melissa P. Greevy. Esq. Custody Conciliator L- YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP. C1llUberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 1 7) 249-3166 ~" , ? , ,~ - FILEO-O''F'Cr: OF THE PRoTIJA~~r''''I'RY , ,<I-"ill"\. 03 JUL 30 Prl 2: t," . CUM"''"-:~' ','- ,". IpENNSVLVANYl'm' /. "30.03 7 . 3tJ '0.3 7-30 OJ ,w.~ #'I~ ~ 4' ~ L- ~'1~ ~ ~ 4 d-Av-&t q /tfI ' ~ ~~ ~ X:it~ ~ .. e~. ,_m ~_~_".......... - ',,< ,,'. , _,"...!m.~!l!!i!If~i'<""_'l'~"'1!~ .,...I'I;"'tJl"i1'U~1flilIl _ ._' ,_.. Jll!IS'!~~'~'l'l"1'''''~~~-'l'~,., ."I'-~ , " ~~ !li:_, \ . JUL 2 42003 SUSANNE M. STOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVil.. ACTION-LAW ; CUSTODY STEVEN A. SHOEMAKER, Defendant : NO. 96-5752 CIVil.. TERM . 00-3851 - ORDER OF COURT AND NOW, , upon consideration of the attached complaint, it is hereby directed that parties and their respective counsel appear before , the conciliator, at on at 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 defme 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 the scheduled hearing. FOR THE COURT, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ONE OR CANNOT AFFORD ONE, GO TO OR CALL THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pennsylvania 17013 (717) 249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the 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 iij ,-~-= ",- ~ ~-~ ~ .- ,- "" - - =~ , SUSANNE M. STOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION-LAW : CUSTODY (::J L,.) o -Tt STEVEN A. SHOEMAKER, Defendant : NO. 96-5752 CIVIL TERM 00-3851 q S;,~ -0 ~~D rCI('" ~~,'~"" (f) , ' 2 -,) c:, PETITION TO MODIFY CUSTODY ORDER ~-;.:.:.. '.,' >"i "r <C;c; ::--'. <-:::: {j ~ ~:-.1 ~~{ 1. The petitioner, Susanne M. Stover, (hereinafter "Mother") by and through her attorneys, the Family Law Clinic, respectfully represents that on February 12, 1997, an Order of Court was entered for the custody of Brenda Lynn Shoemaker, born on February 8, 1996, a true and correct copy of which is attached as Exhibit A. Pursuant to the Order, Steven A. Shoemaker (hereinafter "Father") and Mother have shared physical custody ofthe child, with Mother and Father alternating custody of the child every week. A subsequent order was entered on July 7, 2000, amending the 1997 order remains in full force and effect. A copy of the July, 7, 2000 order is attached as Exhibit B. 2. This order should be modified because: a. Mother and Father have not been following the terms of the aforementioned Orders. b. Father's mother (hereinafter "Grandmother") currently has custody of the child and has refused to allow Mother to see the child or speak with the child for the past two weeks. c. During those times in which Father has custody of the child, the child does not stay with Father, but rather with Grandmother. d. Father and Grandmother have repeatedly denied Mother visitation and custody ofthe child in the past. , ." .~.~; e. Mother has recently moved into a four (4) bedroom house and is therefore in a better position to accommodate the child than Father. f. Mother is better able to provide the care and nurturing, which the child needs for her healthy development. g. Mother is willing to allow Father to have periods of partial custody of the child in order for the child to maintain a healthy relationship with her father. 3. Pursuant to C.C.R.P 206.2, Petitioner sought concurrence of opposing counsel of record, James Flower. Mr. Flower indicated that he did not have authority for concurrance. WHEREFORE, Mother asks the Court to modifY the Order of February 12,1997, granting Mother primary physical custody, and Father partial physical custody of the child, as it is in the child's best interest to do so. Date: '1/1 sf D 3:> /1~4 /~~ Nicholas Aloia Certified Legal Intern , (\ /'l rk~ {b~(uJlJ( C Robert E ain Lucy Johnston-Walsh Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt street Carlisle, P A 17013 (717) 243-2968 , - ".~,~ - = < ~. - j~ SUSANNE MARIE STOVER, Plaintiff for herself and on behalf of her minor child, BRENDA LYNN SHOEMAKER IN THE COURT OF COMMON PLEAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA : : v. NO.96-5752 CIVIL TERM STEVEN ALAN SHOEMAKER, Defendant : PROTECTION FROM ABUSE AND CUSTODY AND NOW, this CUSTODY ORDER 11.. It; day of February, 1997, upon consideration of the parties' Consent Agreement, the following Temporary Order is entered with regard to custody of the parties' child, Brenda Lynn Shoemaker, d.o.b. February 8, 1996. 1. The mother, Susanne Marie Stover, and the father, Stephen Alan Shoemaker, shall have shared legal custody of the child. 2. The mother and father shall share physical custody of the child alternating custody each. week. The mother and father shall transfer custody on Sunday mornings at 10:30 a.m. unless otherwise agreed between the parties. If the~ther cannot get transportation for 10:30 a.m. on Sunday, she should notify the father of an alternate time when she will pick up the child. 3. The mother and father shall alternate custody of the child on the following holidays: Easter, Memorial Day, the Fourth of JUly, Labor Day, and Thanksgiving with the mother having the child on Easter of 1997. 4. The father and mother shall alternate Christmas Eve and Christmas Day each year, with one parent having the child on ~lblt /r Christmas Eve until Christmas Day at 10:00 a.m. and the other parent having the child from Christmas Day at 10:00 a.m. until Christmas Day at 8:00 p.m. 5. The mother and father shall have the right to see the child on her birthday at a time to be agreed upon by the mother and father. 6. The mother and father shall have the right to two consecutive weeks of vacation each summer. The mother and father will give each other at least two weeks notice as to when the period of summer custody will take place. 7. The mother and father shall share transportation unless otherwise agreed. The non custodial parent shall pick up the child to begin that parent's period of custody. 8. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. 9. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. The mother and father realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child may hamper the free and natural as to the other parent or which ~ development of the chil~Slove or respect for the other parent. " 11. The mother and father agree that the matter of custody be referred to t~e ~ustodY conciliaf~rf '<, ' I 2. T I,H~ 1'& 07" -f- 2 IO'.? CL Jl:lJ) f?"", ""7 ;>L..:> Sc , . I By the C"ourt, <tV do-' Joan Carey Attorney for plaintiff r James D. Flower Attorney for Defendant _ C~"-' ,.-r';"J2e,Q. .;1./13/1'1. -1,. f'. - ~" - ~-" - " -- '. SUSANNE MARIE STOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-3851 : NO. 96-5752 CIVIL TERM STEPHEN ALAN SHOEMAKER, Defendant : CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this ry ff:, day of ~, 2000, upon consideration of the ' parties' Consent Agreement, the following Order is entered with regard to custody ofthe parties' children Brenda Lynn Shoemaker, d.o.b. 2/8/96 (96-5752) and Stephen Alan Shoemaker Jr., d.o.b. 6/15/99 (00-3851): 1. Plaintiff, Susanne Marie Stover, hereinafter referred to as Mother, and Defendant, Stephen Alan Shoemaker, hereinafter referred to as Father, shall share legal custody of Stephen. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's well-being including, but not limited to, all decisions regarding his health, education, and religion. 2. Mother shall have primary physical custody of Stephen. 3. Father shall have partial physical custody of Stephen for alternating weekends from Friday noon until Sunday noon beginning Friday, July 14, 2000, except that Father shall have custody of both children from Thursday, July 20, 2000, through Sunday, July 23,2000, instead of the weekend of July 28,2000, through August I, 2000. Mother shall have both children September 1, 2000, through September 3, 2000, and if this falls on Father's weekend, she shall make up the time as agreed by the parties. 4. Mother and Father shall meet at the home of the maternal grandmother in Newville, Pennsylvania, at the times of transfer of custody. 5. Mother and Father may vary from the Court ordered custody schedule only ifthey mutually agree. 6. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. Each parent will notify the other of all medical care the child receives while in that parent's care. 7. The parties realize that their child's well being is paramount to any differences Exhlblt_b .' .~ -~-- ~ '" - - h__ , , they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from either parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. 8. The Custody Order of February 12, 1997, regarding the parties' daughter, Brenda Lynn Shoemaker, remains in effect, granting Mother and Father shared physical custody for alternating weeks, but is modified as follows: i. Transfer for the alternating weekly periods of Custody shall occur at the home of the maternal grandmother in Newville, Pennsylvania. ii. Transfer of custody of the daughter shall be at noon each Sunday beginning with Father having the week of July 9, 2000. 9. This Order shall remain in effect pending other Order of Court. By the Court, If entered pursuant to the consent of the Plaintiff and the Defendant: ~11)(2,;L/JQ. 77J"".f!7y7/-01 7-71--()(tb Susanne Marie Stover, I Plaintiff j~/ r2,hA'..r1d-Crj 7-5"~oo St phen Shoemaker, Pro Se Defendant (I /t / ~'-'7\./ ( ..d.h.-eAjV (;JOfm Carey ! v Attorney for Plaintiff . THUE <;'0PY FROM I1ECORD If; TE.~tin(~{p'f):i 'f/OO~1 I ~ ij~W s~t my hana ",.",1 11'>.. ~l .,j .",," f' 'M'!!1J.t, (, fl' L,.. PI! i::" ':.. ~.,~, t,'l Si'titt ,A~i_1!. - ,.;a iSm i7 n . ,. n'%-r_~d<r:-J~/"~>__, pcVo. "if/j,te.('~!.' "C-z.?/lAA-.d -t._,__.~__ Pro:~honmarv ,'U . ~u " "---- "~ - .--- ~,~-~='" ~ VERIFICATION I verify that the statements made in this Petition for Custody Modification 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. Date: +_1' 'S I () 3 .~A''\ ffi (\ (\ J+~ Susanne Stover, Plaintiff ,i'-,.""~- ...... ., .-~" -~'--~""-~'~'.h''- ~~ ~-~-~~~ Jo;j<"'~_Wll!... .........,.,., ~= - ~-- '&...."M""dOH~;',. This is a test print using microsoft word perfect font 12 times new roman. SUSANNE M. STOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. : CIVIL ACTION-LAW : CUSTODY STEVEN A. SHOEMAKER, Defendant : NO. 96-5752 CIVIL TERM 00-3851 Certificate of Service I, Nicholas Aloia, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Petition for Custody Modification on Attorney James Flower 26 West High Street Carlisle, P A 17013 and on Steven Shoemaker 80 I Sandbank Road Lot 17 Mount Holly Springs, P A 17065 by depositing a copy of the same in the United States mail, first class, postage prepaid, this A..... day ofJuly, 2003. Date: 5",''1 '). ')... :Lee:.::, UUt~ Nicholas Aloia Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ,...........- . - .--,;-, SUSANNE M. STOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V AN1A v. : CIVIL ACTION-LAW : CUSTODY STEVEN A. SHOEMAKER, Defendant : NO. 96-5752 CIVIL TERM 00-3851 --- CERTIFICATE OF SERVICE I, Nicholas Aloia, of the Family Law Clinic hereby certify that on this date I am serving a true and correct copy of Order of Court on Attorney James Flower, 26 West High Street, Carlisle, P A 17013 and on Steven A. Shoemaker, 801 Sandbank Road, Lot 17, Mount Holly Springs, P A 17065 by depositing a copy of the same in the United States mail, first class, postage prepaid. Date: A......()^"t- b,XJo~ ~ /f!~ Nicholas Aloia Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17103 ^'". ,..i--~--'~w-'~lJ!;.'ti'll;;~~f~!.N!l'ill~~ill"'lt~~,.Mt~,~~1 -,- -- ~"-",'~' fj tfv '.t...........i:tt} ,..."".~ ~"""~--""'.."~,~. .-, "'" 'J-I if: U' i- .... J r-u J 13 r , ~ " <'__1' '_ ' .- - ~-- .,.. _-_-,1 -f'l ~ / ... Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3851 CIVIL TERM CIVIL ACTION - LAW SUSANNE M. STOVER, v. STEVEN A. SHOEMAKER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this ::: day of September, 2003, upon consideration of the attached Custody Conciliation ummary Report, and it appearing that the parties have reached an agreement, it is hereby ordered and directed as follows: 1. This Order vacates all previous Orders related to the custody of Stephen Alan Shoemaker, Jr. ,2. Leaal Custody. The Mother, Susanne M. Stover, and the Father, Steven A. Shoemaker, shall have shared legal custody of the minor child, Stephen Alan Shoemaker, Jr. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C, S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. The Mother, Susanne M. Stover, shall have primary physical custody of minor child, Stephen Alan Shoemaker, Jr., subject to Father's right of partial custody which shall be arranged as follows: A. Commencing September 6, 2003, each Saturday at 8:00 a.m. until Sunday at 5:00 p.m. B. Commencing the first full week after school is dismissed for the summer school recess, on alternating weeks throughout the summer school recess. The custodial week shall commence on Sunday at 5:00 p.m. 4. Transportation instant to the custodial exchanges shall be provided by the parent receiving custody. j' ,--,~" -,' ., ,---" " -~.- - IIiII 11 J..hJ .~,~,,~ ~,~~-" L--. ,'; .-, ,.;",--" ,--, "" ',~ lit' n V!N\/AlAShlN3d 1 !llr~r'(-' ~,,-~\ ,,-, :--'-'l.ln" !\!,r'~: ~'c..:,.J ; ,L' ':' f;=!...:\~~~I~j V SS : II HH 91 d3S CO AU'v:LCl\ui~'<,j~ jO 3:)lj::i(}-CEi~\j_~j lIii.j~lr"~ . " ~.... 00' ,.... 'iF I I I I I ~ i , ~ , ... ""-. ~'" '. "'- -, .-. '-" ~ ,. NO. 00-3851 CIVIL TERM 5. The parents shall notify each other immediately of any medical emergency which shall arise when the child is in that parent's care. Each parent will notify the other of all medical care the child receives when the child is in that parent's care. 6. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 8. The parties may vary from the terms of this Order by their mutual agreement. In the absence of their mutual agreement, this Order shall control. 9. This Order shall be enforceable in a contempt proceeding. BY THE COURT: Dis!: Nicholas Aloia, CLI, Dickinson School of ~ w Family Law Clinic, 45 N, Pitt Street, Carlisle, PA 17013 Anne MacDonald-Fox, Esquire, Dickinson School of Law Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 Steven A. Shoemaker, Lot 17, 801 Sandbank Road, Mt. Holly Springs, PA 17065 . },",- SUSANNE M. STOVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3851 CIVIL TERM CIVIL ACTION - LAW v, STEVEN A. SHOEMAKER, IN CUSTODY 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 Stephen Alan Shoemaker, Jr. June 15, 1999 Mother 2, A Custody Conciliation Conference was held on September 2, 2003. Present for the conference were: the Mother, Susanne M. Stover, and her counsel from the Dickinson School of Law Family Law Clinic, Nicholas Aloia, CLI, who is supervised by Anne MacDonald-Fox, Esquire; the Father, Steven A. Shoemaker, attended pro se. 3. A Custody Conciliation Conference regarding Brenda Lynn Shoemaker, Stephen's sister, was also held on September 2, 2003, In the context of that conference, the parties agreed to modify the custodial arrangements for Stephen. Orders related to his sister's custody are docketed to 96-5752. qI5!~ Date uMu 6---1 Melissa Peel Greevy, Esquire Custody Conciliator :217913 , -, ~," -- ~ ",,' , ;':'. -,,-,,';0''-''''..,,,",_. ~ ,.,. .,.... ..... .' SUSANNE M. STOVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5752 CIVIL TERM CIVIL ACTION - LAW v. STEVEN A. SHOEMAKER, IN CUSTODY 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 Brenda Lynn Shoemaker February 8,1996 Father 2. A Custody Conciliation Conference was held on September 2, 2003 following the July 22, 2003 filing of a Petition to Modify Custody Order by the Mother. The location and time of the Custody Conciliation Conference was moved to accommodate Father because he reported his only transportation was a bicycle. Present for the conference were: the Mother, Susanne M. Stover, and her counsel from the Dickinson School of Law Family Law Clinic, Nicholas Aloia, CLI, who is supervised by Anne MacDonald-Fox, Esquire; the Father, Steven A. Shoemaker, attended pro se. 3. Mother's Petition to Modify sought the transfer of primary physical custody of the parties' daughter to Mother. The parties were not able to reach an agreement with regard to her custody. .Pursuant to Cumberland County Rule of Procedure 1915.3-9(b), the Conciliator attaches to this Report a proposed Order for review by Judge Oler. 4. Mother's position' on custody is as follows: Mother reports that Father has deprived her of custodial time since June 15, 2003. She believes that the child is residing with the paternal grandmother who has interfered with Mother's custodial rights. Additionally, she is concerned that Father is actually not functioning as the custodial parent and that his time is being used by the paternal grandmother. Mother resides in Shippensburg and is presently a homemaker and stay at home mother to the parties' son, Steven, and her two other children, Seth, age 2, and Sarah, age 4 months. Mother is engaged to be married in May of 2004. Mother reports that she has plenty of space in her new home, which has four bedrooms. She is concerned that Brenda is residing with Father and five other adults in a two bedroom trailer. Mother reports that she knew that the child ',"", _','.' _"._,..,.,'.' ""_~""_." , n'"','_,.' '""" -" ';.;'''; +~ " NO. 96-5752 CIVIL TERM was seeing a therapist. However, Father declined to tell her who the therapist was until the day of the conference. [V1other proposes to have primary custody of the child during the school week and have Father have custody of Brenda each weekend. 5. Father's position on custody is as follows: Father reports that he lives with his mother in Mt. Holly Springs, but is looking to move this month or next to either Blain or Newville. This would require Brenda to change schools or for Father to pay private school tuition to allow the child to remain in the school district where his mother resides. Father is presently working full time, Monday through Friday, from 2:30p.m. u(1til10:30 p.m. When he moves, Father proposes to pick up the child at 10:30 p.m. at his mother's home and then drive her home to his new residence. By Father's report, the child is repeating first grade at an elementary school in Mt. Holly Springs. While Father reports that he has not facilitated the relationship and periods of partial custody of the child with the Mother, Father reports that this is because the child does not want to be with her Mother. However, Father later acknowledged that a, 7. year old is not appropriately positioned to make these types of decisions. Father reports that his driver's license is presently suspended due to unpaid fines for improper tags and speeding violations. He has no car insurance, but is paying approximately $30.00 a week on the balance of the fines which he estimates to be $500.00. He is hopeful that his recent payments will result in the reinstitution of his driver's license. However, it may remain suspended until January 26, 2004. Father was not agreeable to the transfer of primary custody for Brenda to her Mother. 6. Because the parties could not reach an agreement, a Hearing will be necessary. The recommended Interim Order attached and proposed by the Custody Conciliator for the Court's consideration attempts to provide this child with the availability of a parent after school to assist her with her school work, the advantage of living primarily with her siblings, frequent and continuing contact with Father during the hours when he is not working, presumably a home which is more suited to the number of people occupying the space available, and a parent who is willing to actively facilitate an ongoing relationship with the other parent. The Custody Conciliator is particularly concerned that Father is working during the hours after school and until after the child is in bed.. Therefore, it would be difficult for him to assume the responsibility of assisting' her with homework through the school week. In contrast, Mother is available to assist the child, who is apparently struggling in school and both math and reading, because she is a stay at home mother. Additionally, the Conciliator is troubled by Father's plan to pick up the child after he gets off of work at 10:30 p.m. in Carlisle and drive her from Mt. Holly Springs to either Blain or Newville, an additional twenty or thirty minutes away, which would place this young child in a position of being awake at 11 :00 p.m. It is not the best interest of the child who is struggling in school to either have her sleep interrupted, or stay up that late at night. 7, It is expected that a Hearing in this matter wi . e no more than one day. crj5/D3 /)gQ~ Melissa Peel Greevy, Esquire Custody Conciliator Date :217915 SUSANNE MARIE STOVER, Plaintiff VS. STEPHEN ALAN SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- 3 J>5'l CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Susanne Marie Stover, residing at 1728 Orrstown Road, Shippensburg, Franklin County, Pennsylvania. 2. Defendant is Stephen Alan Shoemaker, residing at 35 Pond Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Stephen Alan Shoemaker, Jr. 35 Pond Road 1 year DOB: 6-15-99 Newville, PA The child was born out of wedlock. The child is presently in the custody of Stephen Shoemaker, who resides at 35 Pond Road, Newville, Cumberland County, Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: Nalne Plaintiff, Defendant, parties' daughter, Brenda Shoemaker, Defendant's sisters, Mary Futrell, and August Price, August's son, Roman Price, and Defendant's mother, Shelvy Price Address Date 35 Pond Road 06/15/99 to Newville, PA 02/10/00 Nanle Parties' daughter Brenda Shoemaker Defendant's sisters, Mary Futrell, and August Price, August's son, Roman Price, and Defendant's mother, Shelvy Price Address Date 35 Pond Road 02/10/00 to the Newville, PA present The mother of the child is Susanne Marie Stover, currently residing at 1728 Orrstown Road, Shippensburg, Pennsylvania. She is single. The father of the child is Stephen Alan Shoemaker, currently residing at 35 Pond Road, Newville, Cumberland County, Pennsylvania. He is single. 4. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with the following person: Name Relationship Stephen Middlekauf Fianc6 5. The relationship of Defendant to the child is that of father. Defendant currently resides with the following persons: Name Relationship Stephen Shoemaker, Jr. Son Brenda Shoemaker Daughter Shelvy Price Mother Mary Futrell Sister August Price Sister Roman Price Nephew 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. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including but not limited to: a. Since approximately February 10, 2000, Defendant has continuously restricted Plaintiff's access to her son. b. Defendant has consistently refused to provide transportation for Plaintiff to take the child to necessary medical appointments. c. Defendant lives in a three bedroom trailer with three other adults and three children. The minor child currently sleeps in a playpen in the living room. d. Plaintiff has concerns as to the quality of care the child is receiving from Defendant. e. Plaintiff can provide for the child's needs, has a 3 bedroom home appropriately furnished, including a bedroom and bed for the child. 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. WHEREFORE, Plaintiff requests this Court to award her primary physical custody of the child with partial custody in Defendant every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and at other times mutually agreed upon by the parties, until further Order of Court after a conciliation scheduled in the matter. Respectfully submitted, ~ Carey, Attorney Plaintiff 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Complaint are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Dated: Susanne Marie Stover, Plaintiff SUSANNE MARIE STOVER PLAINTIFF V. STEPHEN ALAN SHOEMAKER DEFENDANT IN ']?HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-3851 CIVIL ACTION LAW 1NCUSTODY ORDER OF COURT AND NOW, this 26th day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suitel05, CampItill, PA 17011 onthe 1st dayof August ,2000, at ll:ISAM 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. FOR THECOURT, By: /s/ Melissa P. Greevy, E,~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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SUSANNE MARIE STOVER, Plaintiff VS. STEPHEN ALAN SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 00-3851 CIVIL TERM : NO. 96-5752 : : CUSTODY TEMPORARY CUSTODY ORDER ANDNOW, this r']~q dayof ~Tu["~ ,2000, upon consideration ofthe parties' Consent Agreement, the following Order is'entered with regard to custody of the parties' children Brenda Lynn Shoemaker, d.o.b. 2/8/96 (96-5752) and Stephen Alan Shoemaker Jr., d.o.b. 6/15/99 (00-3851): 1. Plaintiff, Susanne Marie Stover, hereinafter referred to as Mother, and Defendant, Stephen Alan Shoemaker, hereinafter referred to as Father, shall share legal custody of Stephen. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's well-being including, but not limited to, all decisions regarding his health, education, and religion. 2. Mother shall have primary physical custody of Stephen. 3. Father shall have partial physical custody of Stephen for alternating weekends from Friday noon until Sunday noon beginning Friday, July 14, 2000, except that Father shall have custody of both children from Thursday, July 20, 2000, through Sunday, July 23, 2000, instead of the weekend of July 28, 2000, through August 1,2000. Mother shall have both children September 1, 2000, through September 3, 2000, and if this falls on Father's weekend, she shall make up the time as agreed by the parties. 4. Mother and Father shall meet at the home of the maternal grandmother in Newville, Pennsylvania, at the times of transfer of custody. 5. Mother and Father may vary from the Court ordered custody schedule only if they mutually agree. 6. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. Each parent will notify the other of all medical care the child receives while in that parent's care. 7. The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from either parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. 8. The Custody Order of February 12, 1997, regarding the parties' daughter, Brenda Lynn Shoemaker, remains in effect, granting Mother and Father shared physical custody for alternating weeks, but is modified as follows: i. Transfer for the alternating weekly periods of Custody shall occur at the home of the maternal grandmother in Newville, Pennsylvania. ii. Transfer of custody of the daughter shall be at noon each Sunday beginning with Father having the week of July 9, 2000. 9. This Order shall remain in effect pending other Order of Court. By the Court, / ~O~ler, r~.~Ju~dg e~/ esley ,r~/ J If entered pursuant to the consent of the Plaintiff and the Defendant: Susanne Marie Stover, 1 Plaintiff Stephen Shoemaker, Pro Se Defendant Attorney for Plaintiff TRUE COPY FROM RECORD Testimony wt~r~l~, I he~ U.n. to s~ my tu~no ~eihonmarv SUSANNE MARIE STOVER, Plaintiff STEPHEN ALAN SHOEMAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- .-~'t CIVIL CIVIL TERM : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Susanne Made Stover to proceed informalxmper/s: I, Joan Carey, attorney for the party proceeding informapauper/s, certify that I believe the party is unable to pay the costs and that I am providing flee legal services to the party. The party's affidavit showing inability to pay the costs &litigation is attached hereto. 8 Irvine Row Carlisle, PA 17013 SUSANNE MARIE STOVER, Plaintiff STEPHEN ALAN SHOEMAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00~ CIVIL CIVIL TERM CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceed'mg. 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 information below relat'mg to my inability to pay the fees and costs is true and correct. Name: Address: Social Security Number: 178-58-3403 h) If you are presently employed, state Employer: Address: Salary/wages per month: Type of work: If you are presently unemployed, state Date &last employment: approximately May 1, 2000 Saiavj/wages per month: $2.89/hour plus tips $100/day, 5 days/week Type of work: waitressing c) Other income within the past twelve months Business/profession: housekeeping $4.75/hr. plus $25/day Other self-employment: Interest: None Dividends: None Pension and annuities: None Social Security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Workers Compensation: None Public Assistance: None Other: Food stamps of $302/momh since May 2000 d) Other contributions to household support Wife, tHusband Name: N/A Ifwife/hushand is employed, state Employer: Address: Salary/wages per month: Type of work: Contributions bom child: e) Property owned Cash: None Checking Account: N/A Savings Account: N/A Certificates of Deposit: N/A Real Estate (including home): N/A Motor vehicle: N/A Stocks/bonds: N/A Other: N/A f) Debts and obligations Mortgage: N/A Rent: $259/month Loans: N/A Monthly expenses: Unknown - moved in to new residence May 2000 Persons dependent upon you for support Wife/husband Name: N/A Child, if any: 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 unswom falsification to authorities. Susanne Made Stover, Plaimiff SUSANNE MARIE STOVER, Plaintiff VS. STEPHEN ALAN SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- 3 ~ fit CIVIL TERM CUSTODY PETITION FOR SPECIAL RELIEF The petitioner by and through her/his attorney, Joan Carey, of Legal Services, Inc., represents the following: 1. The plaintiff, Susanne Marie Stover, hereinafter referred to as Mother, resides at 1782 Orrstown Road, Shippensburg, Franklin County, Pennsylvania 17257. 2. The defendant, Stephen Alan Shoemaker, hereinafter referred to as Father, resides at 35 Pond Road, Newville, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of Stephen Alan Shoemaker, Jr. 4. A Complaint for Custody was filed on the same date as the petition for special relief in the above-captioned matter by Mother and a conciliation conference is being scheduled. 5. It is in the child's best interest to be in Mother's custody for reasons including, but not limited to, the following: Mother resided with child until approximately February 10, 2000, and had been the primary care giver of the child. Since approximately February 10, 2000, Father has continuously restricted Mother's access to her son. Father has consistently refused to provide transportation for Mother to take the child to necessary medical appointments for urological surgery. Moreover, Father has allowed the child's medication for his asthma, which needs to be administered four times a day, to run out, which exacerbates Mother's concerns. Father lives in a three bedroom trailer with three other adults and three children. The minor child currently sleeps in a playpen in the living room.. Mother has concerns as to the quality of care the child is receiving from Father. Father provides little or no care and/or supervision and inadequate hygiene for the child. Mother can provide for the child's needs, has a three bedroom home appropriately furnished, including a bedroom and bed for the child. g. Father has abused Mother in front of the child, adversely affecting the child. 6. Father has consistently refused to cooperate with Legal Services, Inc's staff who have contacted him to arrange periods of Custody for Mother and her son. Without this Court's intervention, Mother will continue to be denied contact with her child~ resulting in harm to the child who has a strong bond with her. WHEREFORE, Plaintiffrequests that this court enter a Temporary Order granting immediate primary custody of the child to the Plaintiffsubject to partial Custody in the Defendant on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and at other times mutually agreed upon by the parties. Plaintiff requests any other relief which is just and proper. Respectfully submitted, ?~.,/toan Carey ~ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Susanne Marie Stover, Petitioner SUSANNE MARIE STOVER, Plaintiff : 1N THE COURT OF COMIvlON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. i STEPHEN ALAN SHOEMAKER: Defendant : NO. 00-3851 CIVIL TERM ORDER OF COURT AND NOW, thi~-'2'Jday of June, 2000, upon consideration of Plaintiff's Petition for Special Relief, this matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. BY THE COURT, lv y .%-'Yr, J. J°anCarey, Esq'- ~gz~eo~ ~ ~/~ Legal Services, Inc.- 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff Stephen Alan Shoemaker. 35 Pond Road Carlisle, PA 17013 Defendant, Pro Se James D. Flower, Jr., Esq. 11 East High Street Carlisle, PA 17013 Court Administrator :rc JUL $1 20~1~ SUSANNE MARIE STOVER, Plaintiff, V. STEPHEN ALAN SHOE MAKER, Defendant. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2000-3851 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 28th day of July 2000, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by Stipulation of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for July 31st, 2000 is canceled. FOR THE COURT, Custody Conciliator SUSANNE M. STOVER, Plaintiff STEVEN A. SHOEMAKER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW CUSTODY NO. 96-5752 CIVIL TERM 00-3851 CERTIFICATE OF SERVICE I, Nicholas Aloia, of the Family Law Clinic hereby certify that on this date I am serving a true and correct copy of Order of Court on Attorney James Flower, 26 West High Street, Carlisle, PA 17013 and on Steven A. Shoemaker, 801 Sandbarak Road, Lot 17, Mount Holly Springs, PA 17065 by depositing a copy of the same in the United States mail, first class, postage prepaid. Date: _/~. ~,~^ ~3r (:> Nicholas Aloia Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 SUSANNE M. STOVER, Plaintiff V. STEVEN A. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3851 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of September, 2003, upon consideration of the attached Custody Conciliation Summary Report, and it appearing that the parties have reached an agreement, it is hereby ordered and directed as follows: 1. This Order vacates all previous Orders related to the custody of Stephen Alan Shoemaker, Jr. 2. Le,qal Custody. The Mother, Susanne M. Stover, and the Father, Steven A. Shoemaker, shall have shared legal custody of the minor child, Stephen Alan Shoemaker, Jr. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. The Mother, Susanne M. Stover, shall have primary physical custody of minor child, Stephen Alan Shoemaker, Jr., subject to Father's right of partial custody which shall be arranged as follows: A. Commencing September 6, 2003, each Saturday at 8:00 a.m. until Sunday at 5:00 p.m. B. Commencing the first full week after school is dismissed for the summer school recess, on alternating weeks throughout the summer school recess. The custodial week shall commence on Sunday at 5:00 p.m. 4. Transportation instant to the custodial exchanges shall be provided by the parent receiving custody. ?,8:1I~.!!/ '.'31 43S~0 3:1'!3::i© C~i ':: NO. 00-3851 CIVIL TERM 5. The parents shall notify each other immediately of any medical emergency which shall arise when the child is in that parent's care. Each parent will notify the other of all medical care the child receives when the child is in that parent's care. 6. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the Child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other' parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 8. The parties may vary from the terms of this Order by their mutual agreement. In the absence of their mutual agreement, this Order shall control. 9. This Order shall be enforceable in a contempt proceeding. Dist: BY THE COURT: Nicholas Aloia, CLI, Dickinson School of L~w Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 Anne MacDonald-Fox, Esquire, Dickinson School of Law Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 Steven A. Shoemaker, Lot 17, 801 Sandbank Road, Mt. Holly Springs, PA 17065 SUSANNE M. STOVER, Plaintiff V. STEVEN A. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3851 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 Stephen Alan Shoemaker, Jr. June 15, 1999 Mother 2. A Custody Conciliation Conference was held on September 2, 2003. Present for the conference were: the Mother, Susanne M. Stover, and her counsel from the Dickinson School of Law Family Law Clinic, Nicholas Aloia., CLI, who is supervised by Anne MacDonald-Fox, Esquire; the Father, Steven A. Shoemaker, attended pro se. 3. A Custody Conciliation Conference regarding Brenda Lynn Shoemaker, Stephen's sister, was also held on September 2, 2003. In the context of that conference, the parties agreed to modify the custodial arrangements for Stephen. sister's custody are docketed to 96-5752. Orders related to his Date Melissa Peel Greevy, Esquire Custody Conciliator :217913 SUSANNE M. STOVER, Plaintiff V. STEVEN A. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5752 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 Brenda Lynn Shoemaker DATE OF BIRTH February 8, 1996 CURRENTLY IN THE CUSTODY OF Father 2. A Custody Conciliation Conference was held on September 2, 2003 following the July 22, 2003 filing of a Petition to Modify Custody Order by the Mother. The location and time of the Custody Conciliation Conference was moved to accommodate Father because he reported his only transportation was a bicycle. Present for the conference were: the Mother, Susanne M. Stover, and her counsel from the Dickinson School of Law Family Law Clinic, Nicholas Aloia, CLI, who is supervised by Anne MacDonald-Fox, Esquire; the Father, Steven A. Shoemaker, attended pro se. 3. Mother's Petition to Modify sought the transfer of primary physical custody of the parties' daughter to Mother. The parties were not able to reach an agreement with regard to her custody. Pursuant to Cumberland County Rule of Procedure 1915.3-9(b), the Conciliator attaches to this Report a proposed Order for review by Judge Oler. 4. Mother's position on custody is as follows: Mother reports that Father has deprived her of custodial time since June 15, 2003. She believes that the child is residing with the paternal grandmother who has interfered with Mother's custodial rights. Additionally, she is concerned that Father is actually not functioning as the custodial parent and that his time is being used by the paternal grandmother. Mother resides in Shippensburg and is presently a homemaker and stay at home mother to the parties' son, Steven, and her two other children, Seth, age 2, and Sarah, age 4 months. Mother is engaged to be married in May of 2004. Mother reports that she has plenty of space in her new home, which has four bedrooms. She is concerned that Brenda is residing with Father and five other adults in a two bedroom trailer. Mother reports that she knew that the child NO. 96-5752 CIVIL TERM was seeing a therapist. However, Father declined to tell her who the therapist was until the day of the conference. Mother proposes to have primary custody of the child during the school week and have Father have custody of Brenda each weekend. 5. Father's position on custody is as follows: Father reports that he lives with his mother in Mt. Holly Springs, but is looking to move this month or next to either Blain or Newville. This would require Brenda to change schools or for Father to pay private school tuition to allow the child to remain in the school district where his mother resides. Father is presently working full time, Monday through Friday, from ;-):30 p.m. until 10:30 p.m. When he moves, Father proposes to pick up the child at 10:30 p.m. at his mother's home and then drive her home to his new residence. By Father's report, the child is repeating first grade at an elementary school in Mt. Holly Springs. While Father reports that he has not facilitated the relationship and periods of partial custody of the child with the Mother, Father reports that this is because the child does not want to be with her Mother. However, Father later acknowledged that a 7 year old is not appropriately positioned to make these types of decisions. Father reports that his driver's license is presently suspended due to unpaid fines for improper tags and speeding violations. He has no car insurance, but is paying approximately $30.00 a week on the balance of the fines which he estimates to be $500.00. He is hopeful that his recent payments will result in the reinstitution of his driver's license. However, it may remain suspended until January 26, 2004. Father was not agreeable to the transfer of primary custody for Brenda to her Mother. 6. Because the parties could not reach an agreement, a Hearing will be necessary. The recommended Interim Order attached and proposed by the Custody Conciliator for the Court's consideration attempts to provide this child with the availability of a parent after school to assist her with her school work, the advantage of living primarily with her siblings, frequent and continuing contact with Father during the hours when he is not working, presumably a home which is more suited to the number of people occupying the space available, and a parent who is willing to actively facilitate an ongoing relationship with the other parent. The Custody Conciliator is particularly concerned that Father is working during the hours after school and until after the child is in bed. Therefore, it would be difficult for him to assume the responsibility of assisting her with homework through the school week. In contrast, Mother is available to assist the child, who is apparently struggling in school and both math and reading, because she is a stay at home mother. Additionally, the Conciliator is troubled by Father's plan to pick up the child after he gets off of work at 10:30 p.m. in Carlisle and drive her from Mt. Holly Springs to either Blain or Newville, an additional twenty or thirty minutes away, which would place this young child in a position of being awake at 11:00 p.m. It is not the best interest of the child who is struggling in school to either have her sleep interrupted, or stay up that late at night. :217915 7. It is expected that a Hearing in this matter,~e no more than one day. Date Melissa Peel Greevy, Esquire Custody Conciliator