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6. The avennents of fact contained in paragraph six (6) are specifically denied and
strict proof thereof is demanded.
7. The avennents of fact contained in paragraph seven (7) are specifically denied
as stated, By way of further answer, Respondent's wife, Regina DaShiell has not been
"left." She is a homemaker and she responsibly cares for the children in accordance with
that role.
8, The avennents of fact contained in paragraph eight (8) are specifically denied
and strict proof thereofis demanded.
9. The avennents of fact contained in paragraph nine (9) are specifically denied
and strict proof thereofis demanded.
10. Admitted,
11. The avennents of fact contained in paragraph eleven (II) are admitted in part
and denied in part. By way of further answer. during the last five years, the children have
resided primarily with the following parent at the following addresses:
Name. Address Dates
Daniel DaShiell 257 Pine Grove Rd. August 2001 - Present
Gardners. P A
Tracey Kennedy Loysville, P A November 1998 - August 2001
Daniel DaShiell Carlisle. PA February 1997 - November 1998
12. The avennents contained in paragraph twelve (12) are conclusions of law to
which no response is required. To the extent that a response is required. the avennents
are strictly denied and strict proof thereof is demanded.
13. The avennents contained in paragraph thirteen (13) are conclusions oflaw to
which no response is required. To the extent that a response is required, the avennents
are specifically denied and strict proof thereof is demanded. By way of further answer,
father has successfully completed the voluntary rehabilitation program and is proceeding in
accordance with medical advice with regard to after-care provisions,
14. The averments contained in paragraph fourteen (14) are conclusions of law to
which no response is required. To the extent that a response is required. the averments
are specifically denied and strict proof thereof is demanded. By way of further answer, the
current order recognized that the mother was not providing a strong. stable atmosphere
and it was agreed that primary custody in the father was in the best interest of the children.
Additionally, mother previously abandoned the children in February 1997 which resulted
in father receiving sole physical custody at that time.
WHEREFORE. Respondent, Daniel DaShiell respectfully requests this Honorable
Court maintain the status quo and keep the October 4, 2001 Custody Order in effect until
such time as the parties resolve the accompanying Petition to ModifY Custody.
Respectfully submitted,
.IL!;I
Dirk E. Berry, Esquire
Attorney for Defendant/Respondent
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
-
VERWICATION
I verify that the statements made in this Defendant's Response to Emergency Petition
are true and correct to the best of my 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.
TRACY KENNEDY,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: NO. 97-0925
: CIVIL ACTION . LAW
DANIEL W. DaSHIELL.
DefendantlRespondent
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Dirk E. Berry, Esquire, do hereby certify that on this day Defendant's
Response to Emergency Petition was served by hand delivery upon the following
persons:
Mark F. Bayley, Esquire
155 South Hanover Street
Carlisle, PA 17013
Date:
7-/7-02-
A.:JC/
Dirk E. Berry, Esquire
Attorney for Defendant/Respondent
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
~
Law Office of
James K. Jones, Esquire
7 Irvine Row
Carlisle. PA 17013-3019
(717) 240-0296
JUll 7 2002 'Y
6. The averments of fact contained in paragraph six (6) are specifically denied and
strict proof thereofis demanded.
7, The averments of fact contained in paragraph seven (7) are specifically denied
as stated. By way of further answer, Respondent's wife. Regina DaShiell has not been
"left," She is a homemaker and she responsibly cares for the children in accordance with
that role.
8. The averments of fact contained in paragraph eight (8) are specifically denied
and strict proof thereof is demanded,
9. The averments of fact contained in paragraph nine (9) are specifically denied
and strict proof thereof is demanded.
]0. Admitted.
I
11. The averments of fact contained in paragraph eleven (11) are admitted in part
and denied in part. By way of further answer. during the last five years. the children have
resided primarily with the following parent at the following addresses:
Natne. Address Dal.c.s.
Daniel DaShiell 257 Pine Grove Rd. August 2001 - Present
Gardners, PA
Tracey Kennedy Loysville, P A November 1998 - August 2001
Daniel DaShiell Carlisle. PA February 1997 - November 1998
12. The averments contained in paragraph twelve (12) are conclusions of law to
which no response is required. To the extent that a response is required, the averments
are strictly denied and strict proof thereof is demanded.
\3. The averments contained in paragraph thirteen (\3) are conclusions of law to
which no response is required, To the extent that a response is required, the averments
are specifically denied and strict proof thereof is demanded. By way of further answer.
father has successfully completed the voluntary rehabilitation program and is proceeding in
accordance with medical advice with regard to after-care provisions,
14. The avennents contained in paragraph fourteen (14) are conclusions of law to
which no response is required. To the extent that a response is required, the avennents
are specifically denied and strict proof thereof is demanded, By way of further answer, the
current order recognized that the mOlher was not providing a strong, stable atmosphere
and it was agreed that primary custody in the father was in the best interest of the children,
Additionally, mother previously abandoned the children in February 1997 which resulted
in father receiving sole physical custody at that time,
WHEREFORE, Respondent, Daniel DaShiell respectfully requests this Honorable
Court maintain the statlls qllo and keep the October 4, 2001 Custody Order in effect until
such time as the parties resolve the accompanying Petition to Modify Custody.
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Respectfully submilled,
< ILl Ii!
Dirk E. Berry, Esquire
Allomey for DefendantlRespondent
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
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155 SOUTH HANOVER stREET
CARLISLE, PENNSYLVANIA 17013
.%v/~~r&$y~y
LAw OFFICES
717.241.6070.800.734.2132. FAX: 717.241.6878
ADVOCACY - ADVICE - ANSWERS
'~oN
law@romlngerlaw,com
www.romingerlaw.com
TRACY KENNEDY,
Plaintifli'petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 97-0925
: CIVIL ACTION - LAW
DANIEL W. DaSHIELL,
DefendantlRespondent
: IN CUSTODY
ORDER
AND NOW, this
day of
,2002,
upon consideration of the Defendant's Response to Emergency Petition a hearing in the
matter is scheduled for the
day of
,2002,
at
.m. in Courtroom _ of the Cumberland County Courthouse.
BY THE COURT:
J.
Mark F. Bayley, Esquire
Attorney for Plaintiff
155 South Hanover Street
Carlisle, PA 17013
Dirk E, Berry, Esquire
Attorney for Defendant
7 Irvine Row
Carlisle, PA 17013
TRACY KENNEDY,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 97-0925
: CIVIL ACTION - LAW
DANIEL W, DaSHIELL,
DefendantlRespondent
: IN CUSTODY
DEFENDANT'S RESPONSE TO EMERGENCY PETITION
AND NOW, comes respondent, Daniel DaShiell by his attorney Dirk E, Berry,
Esquire, and respectfully avers the following in opposition to the Petition for Emergency
Relief:
1. Respondent is without knowledge or information sufficient to form a belief as
to the truth of the averment of fact contained in paragraph one (I), By way of further
answer, Petitioner has recently moved and has not provided a new address to Respondent.
2. The averment of fact contained in paragraph two (2) is specifically denied. By
way of further answer, Respondent currently resides at 257 Pine Grove Road, Gardners,
Pennsylvania.
3. Admitted,
4. Admitted.
5. The averments of fact contained in paragraph five (5) are specifically denied,
By way of further answer, father has been discharged following successful completion of a
ten-day program, which father voluntarily entered, at the Roxbury Treatment Center.
6, The averments of fact contained in paragraph six (6) are specifically denied and
strict proof thereof is demanded,
7. The averments of fact containlld in paragraph seven (7) are specifically denied
as stated. By way of further answer, Respondent's wife, Regina DaShiell has not been
"left." She is a homemaker and she responsibly cares for the children in accordance with
that role.
8. The averments of fact contained in paragraph eight {8) are specifically denied
and strict proof thereof is demanded,
9. The averments of fact contained in paragraph nine (9) are specifically denied
and strict proof thereof is demanded.
10. Admitted.
11, The averments of fact contained in paragraph eleven (11) are admitted in part
and denied in part, By way of further answer, during the last five years, the children have
resided primarily with the following parent at the following addresses:
~ Address lla1e.s
Deniel DaShiell 257 Pine Grove Rd, August 2001 - Present
Gardners, PA
Tracey Kennedy Loysville, PA November 1998 - August 2001
Daniel DaShiell Carlisle, PA February 1997 - November 1998
12. The averments contained in paragraph twelve (12) are conclusions of law to
which no response is required. To the extent that a response is required, the averments
are strictly denied and strict proof thereof is demanded.
13. The averments contained in paragraph thirteen (13) are conclusions of law to
which no response is required. To the extent that a response is required, the averments
are specifically denied and strict proof thereof is demanded. By way of further answer,
TRACY KENNEDY
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No.
: CIVIL ACTION - LAW
: CUSTODY
DANIEL DASHIELL
Respondent
PETITION FOR EMERGENCY RELIEF - REOUEST FOR ORDER
FOR TEMPORARY PRIMARY PHYSICAL CUSTODY
AND NOW, comes the Petitioner, Tracy Kennedy by and through her attorney, Mark F.
Bayley, Esquire, and avers the following in support of this Petition for Emergency Relief:
1. Petitioner is Tracy Kennedy, Mother, who currently resides at 340 Fox Hollow
Rd. Lot A6, Shermansdale, Pennsylvania.
2. Respondent is Daniel DaShiell, Father, who currently resides at Roxbury
Treatment Center, 601 Roxbury Rd., Shippcnsburg, Pennsylvania.
3. Father's home address is 257 Pine Grove Rd., Gardners, Pennsylvania.
4. Mother and Father are the parents of Justin DaShiell, age fifteen, and Jeremy
DaShiell, age cleven, who reside primarily at the home ofthe father pursuant to an August
2001 order entered into by the agreement of both parties.
5. Father is currently in a rehabilitation center for drug and alcohol abuse, and is
expected to remain there for at least 28 days.
6. Upon infonnation and belief, prior to Father having entered rehabilitation, and in
varying states of intoxication, Father physically abused the children.
7. Father's current wife, Regina DaShiell, has been left at Father's home address to
supervise the children.
TRACY KENNEDY
PlaintifT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
:No.
: CIVIL ACTION - LAW
: CUSTODY
DANIEL DASHIELL
Defendant
ORDER OF COURT
AND NOW,
,20_, upon consideration of the attached Complaint, it is hereby
directed that the parties and their respective counsel appear before
the conciliator, at
on the
day of
,200_, at
o'clock, _.m.. for a Pre-Hearing Custody Conference. At
such conference, an efTort 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 THE COURT:
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For infonnation 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 LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Office of the Court Administrator
Cumberland County Court House, Fourth Floor
Carlisle, PA 17013
(717) 240-6200
,
TRACY KENNEDY
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: No.
: CIVIL ACTION - LAW
: CUSTODY
DANIEL DASHIELL
Respondent
PETITION TO MODIFY CUSTODY
I. Petitioner is TRACY KENNEDY, Mother, residing at 340 Fox Hollow Rd. Lot
A6, Shermansdale, Pennsylvania.
2. Respondent is DANIEL DASHIELL, Father, residing at Roxbury
Treatment Center, 601 Roxbury Rd., Shippensburg, Pennsylvania.
3. Father's home address is 257 Pine Grove Rd., Gardners, Pennsylvania.
4. Plaintiff seeks custody of the following children:
NAME
RESIDENCE
DOB
3-25-87
M.m
Justin DaShiell
257 Pine Grove Rd.
15
Gardners, PA
Jeremy DaShiell
257 Pine Grove Rd.
11-3-90
II
Gardners, P A
5. On October 4,2001, the Honorable Edgar B. Bayley entered the attached custody
Order: ExhIbit A.
6. Since the entry of said Order, there has been a significant change in circumstances
in that:
(a) Respondent father, DANIEL DASHIELL, has left the children in the care ofhis wife,
Regina DaShiell, while he has entered the Roxbury Treatment Center.
, -'. ' . . .
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- .
. .
DANIEL W. DASHIELL
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: 97-925
CIVIL ACTION LAW
TRACEY E. DASHIELL
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ~day of ()~ ,2001, upon
consideration of the auached Custody Conciliation Report, it is ordered and directed as follows:
Order.
1. The prior Order of this Court dated January II, 1999 is vacated and replaced with this
2. The Father, Daniel W. Dashiell, and the Mother, Tracey E. Dashiell, shall have shared legal
custody ofJustin Daniel Dashiell, born March 25, 1987, and Jeremy William Dashiell, born November
3,1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the Children's general well-being including, but not limited
to, all decisions regarding their health, education and religion.
3. The Father shall have primary physical custody of the Children.
4. The Mother shall have partial physical custody of the Children on alternating weekends
from Friday at 6:00 p.m. through Sunday at 5:00 p.m. The Mother's alternating weekend periods of
custody shall begin no sooner than October 20,2001 and no later than November 16, 2001.
S. The parties shall have custody of the Children on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which
shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 2:00 p.m., and
Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at
6:00 p.m. The Mother shall have custody of the Children during Segment A in even
numbered years and during Segment B in odd numbered years. The Father shall have
custody of the Children during Segment A in odd numbered years and during Segment
B in even numbered years.
B. THANKSGIVING: In odd numbered years, the Mother shall have custody of the
Children on Thanksgiving Day from 9:00 a.m. until 2:00 (l.m. and the Father shall have
cllstody from 2:00 p.m. until 9:liO (l.m. In even numbered years, the Father shall have
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custody of the Children on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the
Mother shall have custody from 2:00 p.m. until 9:00 p.m.
C. EASTER: In every year, the Mother shall have custody of the Children from the
Saturday before Easter at 6:00 p.m. through Easter Sunday at 2:00 p.m. and the Father
shall have custody beginning on Easter Sunday at 2:00 p.m.
D. MEMORIAL DA Y/JUL Y 4TIIILABOR DAY: The parties shall share or alternate
having custody of the Children over the Memorial Day, July 4th and Labor Day holidays
as arranged by agreement.
E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the
Children every year on Mother's Day from 9:00 a.m. until 9:00 p.m. and the Father
shall have custody of the Children every year on Father's Day from 9:00 a.m. until 9:00
p.m.
F. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
6. The Mother shall be entitled to have custody of the Children for 10 days each year during
her vacation upon providing 45 days advance notice to the Father. The Mother shall not schedule her
periods of custody under this provision on either the Father's holiday or weekend periods of custody.
7. The Mother shall provide transportation for all exchanges of custody unless otherwise
agreed between the parties.
8. Both parties shall ensure that both Children have a clean bed to sleep in every night.
Neither Child shall be required to sleep in sheets that were soiled the previous night.
9. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that their
spouses and other third parties having contact with the Children comply with this provision.
10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control. -
..
cc:
Dirk E. Berry, Esquire - Counsel for Father
Marcus A. McKnight, III, Esquire - Counsel for Mother
.
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L~w Office of
James K. Jones, Esqulrl:
7 Irvine Row AU UJ
CII!Ii~le, PA 17013.3019 G 242001 V'
(717) 240.0296
,.
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DANIEL W. DaSHIELL,
PlaintifflPetitioner
v
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
TRACEY E. DaSHIELL,
DefendantlRespondent
: NO 97-0925 CIVIL
: IN CUSTODY
PETITION FOR EMERGENCY REI.IEF
AND NOW, comes Pelitioner, Daniel W. DaShiell, by his allorney, Dirk E. Berry,
Esquire, and respectfully avers as follows:
1. Petitioner is Plaintiff in the above captioned maller and lives at 257 Pine
Grove Road, Gardners, Pennsylvania 17324.
2. Respondent is Defendant in the above captioned maller and lives at P.O. Box
151, Route 274, Loysville, Pennsylvania 17047.
3. The two children of Petitioner and Respondent, subjects of the above
captioned action, are Justin Daniel DaShiell, born March 25, 1987; and Jeremy William
DaShiell, born November 3, 1990.
4. Justin has indicated that the custodial parent, mother Tracey DaShiell, and her
boyfriend, have provided alcoholic beverages to him and encouraged him to drink such
that he has been drunk on several occasions. It is the Petitioner's understanding that these
periods of encouraged to drink with alcoholic beverages coincide with a recent marked
decline with Justin's grades.
5. Both boys have indicated to Petitioner, that Respondent has thrown glassware
and an oil lamp at Justin with at least one object striking Justin in the chest and another
breaking a window behind. Both boys also have indicated that the Respondent's boyfriend
has thrown a lit cigarelle at Justin.
. .
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4.
The parties have agreed that the mother, Tracey E. DaShiell, will have primary legal and
physical custody of the children, Justin Daniel DaShiell and Jercmy William DaShiell.
5.
The parties have also agreed that the father, Daniel W. DaShicll, will have periods of
temporary physieal custody with the ehildren as the parties as the parties agrec are in their best
interests.
6.
The parties hereby enter into this Stipulation and are bound thereby.
WITNESSETH:
FATHER:
MOTHER:
. '-1 J Ol', A ~ f Goc;..n. ~E&\.u
TRACEY E. SHIELL
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custody of the Children on Thanksgiving Day rrom 9:00 a.m. until 2:00 p.m. and the
Mother shall have custody from 2:00 (l.m. until 9:00 p.m.
C. EASTER: In every year, the Mother shall have custody of the Children from the
Saturday before Easter at 6:00 p.m. through Easter Sunduy at 2:00 p.m. and the Father
shall have custody beginning on Easter Sunday at 2:00 (l.n!.
D. MEMORIAL DAY/JULY 4T1I/LABOR DAY: The (lurties shall share or alternate
having custody of the Children over the Memorial Day, July 4th and Labor Day holidays
as arranged by agreement.
E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have euslody of the
Children every year on Mother's Day from 9:00 a.m. until 9:00 p.m. and the Father
shall have eustody of the Children every year on Father's Day from 9:00 a.m. until 9:00
p.m.
F. The holiday custody schedule shall sU(lersede and take precedence over the regular
custody schedule.
6. The Mother shall be entitled to have custody of the Children for 10 days each year during
her vacation upon providing 45 days advance notice to the Father. The Mother shall not schedule her
periods of custody under this provision on either the Father's holiday or weekend periods of custody.
7. The Mother shall provide transportation for all exchanges of custody unless otherwise
agreed between the parties.
8. Both parties shall ensure that both Children have a clean bed to sleep in every night.
Neither Child shall be required to sleep in sheets that were soiled the previous night.
9. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other (larent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that their
spouses and other third parties having contact with the Children comply with this provision.
10. This Order is entered pursuant to an agreement of the (larties at a Custody Conciliation
Conference. The parties may modify the provisions or this Order by mutual consent. In the absence of
mutual consent, the terms or this Order shall control. ,
BY~HECW
~. Wc.k)' Olcr, ~
cc:
Dirk E. Berry, Esquire - Counsel for Father
Marcus A. McKnight, III, Esquire - Counsel for Mother
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DANIEL W. DaSHIELL,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V
: CIVIL ACTION -LAW
TRACEY E. DaSHIELL,
Defendant/Respondent
: NO 97-0925 CIVIL
: IN CUSTODY
ORDER
AND NOW, this
day of
, 2001 upon
consideration of the within Petition, and all other mailers of record, a hearing in the
mailer is scheduled for the _ day of
,2001 at
_.m. in Counroom
of the Cumberland County Counhouse.
By the Coun,
J.
Marcus A. McKnight, III, Esquire
60 W. Pomfret Street
Carlisle, PA 17013
Allorney for Respondent
Dirk E. Berry, Esquire
Law Office of James K. Jones
7 Irvine Row
Carlisle, PA 17013
Allorney for Petitioner
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DANIEL W. DASHIELL
PLAINTIFF
V.
TRACEY E. DASHIELL
DEFENDANT
IN TilE COURT OF COMMON PLEAS OF
CUMBERLANDCOUro.,.y, PENNSYLVANIA
97-925
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COllRT
AND NOW, Wednesday, August 29, 2001 , upon consideration of the attached Complaint,
it is hereby direeled that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the eoneiliator,
at 39 West MaIn Street, Mechanlcsburg, PA t7055 on Thursday, September 20, 2001 at 9:00 a.m.
for a Pre.Hearing Custody Confercnee. 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 ehildrcn age five or older may also be present at the conference. Failure to appear at the conferenee may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearIng.
FOR THE COURT.
By: /s/
Dawn S. Sund41' EsqiJIJ
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Amerieans with Disabilites Act of 1990. For information about aeeessible facilities and reasonable
accommodations available 10 disabled individuals having business before the court, please eontaet 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 conferenee or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR A'ITORNEY AT ONCE. IF YOU DO NOT
t1A VE AN A'ITORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WIlERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Iwenue
Carlisle. Pennsylvania 17013
Telephone (717) 249.3166
.
DANIEL W. DaSHIELL,
Plaintill7Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V
: CIVIL ACTION -LAW
TRACEY E. DaSHIELL,
DefendantlRespondent
: NO 97-0925 CIVIL
: IN CUSTODY
PETITION FOR MODIFICATION OF PARTIAL
CUSTODY OR VISITATION ORDER
The Petitioner, Daniel W, DaShiell, respectfully represents that on January 11,
1999 an Order of Court was entered for Partial Physical Custody and Visitation, a true
and correct copy of which is attached.
This Order should be modified because:
(a) The conditions which gave rise to the stipulated Order of January 11,
1999 have significantly changed,
(b) Specifically, the children have indicated that they are in physical and
emotional danger currently with the primary physical custodian,
(c) Both children (Justin D. DaShiell, date of birth March 25, 1987; and
Jerl:my W. DaShiell, date of birth November 3, 1990) have indicated that respondent's
current boyfriend, Steve Kennedy, is emotionally and physically abusive to the younger
child Jeremy. In one recent incident Jeremy apparently got his clothing caught on some
obstruction and therefore was in the way of the Respondent's boyfriend who then grabbed
Jeremy by the neck and threw him aside in such a manner that both Jeremy and Justin,
who witnessed the event, were fearful for their physical safety.
(d) Justin has indicated that the custodial parent, mother Tracey DaShiell,
and her boyfriend, have provided alcoholic beverages to him and encouraged him to drink
such that he has been drunk on several occasions. It is the Petitioner's understanding that
WHEREFORE, Petitioner, Daniel W. DaShiell, respectfully requests that this
Honorable Court modify the existing Custody Order to grant Daniel W. DaShiell legal and
primary physical custody of Justin Daniel DaShiell and Jeremy William DaShiell because it
will be in the best interest of the children,
'1~ orl~~ K.loo~
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Dirk E. Berry, Esquire
Attorney for Petitioner
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
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DANIEL W. DASHlEI.L,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 97- Cj.L 1CIVII. limn
CUSTODY
v.
TRACEY E. DASHIEI.I.,
DefendWlt
1("1'\ F I
AND NOW, this 1 day of r Dlv~11 ,1997
upon consideration of thc attachcd com(llaint, it is hercby directed that the purties und their
respectivecounsela(lpearbeforc D".... I. 1..J"rlh~' ,theconciliutor,ut H v, ""'.c",,l-
f\'\tll.~., I \ ~O'? ,Cumberlund County,
Pennsylvania on the 1.. lj' day of 11.., I L , 1997, ut \ \ o'c1ock~. m. for
a Pre-Hearing Custody Confercnce. At such confercnce an effon will he mude to resolve thc
issues in dispute; or if this cannot be accolll(llished, to deline und nurrow thc issues to he heurd hy
the court, and to enter into a temporary order. All childrcn agc live or older muy ulso he (lrescntut
the conference. Failure to u(lpear utthc confercncc muy (lrovide grounds for cntry of utem(lorury
or permanent order.
Jo'OR THE COUR'I~
By: J.
Custody Conciliutor
The Court of Common Pleas of Cumberland County is required hy luw to comply with thc
Americans with Disabilities Act of 1990. For information ubount ucccssihle lucilities uml
reasonable accomodations avuilable to disabled individuuls huving husiness heforc the court,
please contact our office (See Coun Administrator Office listed helow). Allurrungemellls must hc
made at least 72 hours (lrior to any hearing or business beforc thc court. You must ullend tbe
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYJo:R AT ONCE. W
YOU DO NOT HAVE A LAWYER OR CANNOT AJo'Jo'ORD ONE, (;() 1'0 OR
TELEPHONE THE OFFICE SET FORTH BELOW TO Jo'IND OUT WHERE YOU
CAN GET LEGAL HELP.
COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE, PENNSYLVANIA 17013
(717) 240.6200
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 97- q.) ~~ CIVIL limn
CUSTODY
Daniel W. DaShiell,
Plaintiff
Tracey E. DaShiell,
Defendant
COMPLAINT FOR CUSTODY
AND NOW comes Daniel W. DaShiell, by and through his ullorl1eys, Frey & Tiley. und
states as follows:
1. Plaintiff is Daniel W. DaShiell, an adult individuul, currently rcsidlng ut 7 South Ilunover
Street in the Borough of Carlisle, Cumberland County, Pennsylvllnill.
2. Defendant is Tracey E. DaShiell, an adult individulll, whose current rcsidencc is
unknown but whose last known residencc is c/o Mirium Bl'cnner, Fox 1I1111ow EstulCS,
Shermansdale, Pennsylvania.
3. The parties are the natural parents of Juslin D. DuShiell, hlll'l1 MlII'ch 2~, IlJK7, lInd
Jeremy W. DaShiell, born November 3, 1990.
The children werc not born oUI of wcdlnck.
The children are presently in thc custody of I'luintiff's hrothcr ul thc request of
Plaintiff. Plaintiff's brother resides in Monroc 'Ibwnship, Cumherlllnd County,
Pennsylvania. Plaintiff has placed Ihe childrcn wilh his hrothel' liS hc currcntly resides in a
one bedroom apartment whieh lacks udcquute room for Plllinliff IIIIlI his childrcn. Plaintiff
has made application for a larger residcnce to rentllnd expccls 10 mow into 1I1l11'gcr rcsidencc
with his children in the near future.
During the past five years, or since Ihe children's hirth, thc childrcn hllve residcd with
the following persons at the following IIddrcsscs for the following (leriods of timc:
NAME
Daniel W. DaShiell and
Tracey E. DaShicll
Tracey E. DaShiell
ADDRESS
713 Chllrles Streel
Mechllnicshurg
.DAre
Fall, 1990
to 10/23/96
vllrious 1Illdresses
in Cumherlllnd & Pcrl)' Counties
10/23/96 to
2/15/97
The natural mother of the child is the defendant, whose current residence is unknown
but whose mailing address and last known residence is as stated in Paragraph 2. She is
married to Plaintiff but the parties are separated.
The natural father of the child is Plaintiff, currently residing at 7 South Hanover
Street, Carlisle, Cumberland County, Pennsylvania. He is married to Defendant but the
parties arc separated.
4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff resides with the
following persons:
NAME
Regina Miller
RELATIONSHIP
Girl friend
5. The relationship of the Defendant to the child is that of Mother. The Defendant resides
with the following persons:
NAME RELATIONSHIP
Unknown
6. Plaintiff has not participated as a party or witness, or in any other capacity in other
litigation, concerning the custody of the child in this or in any other Court.
Plaintiff has no information of a custody proceeding concerning the children pending in a
Court of this Commonwealth.
7. The best interest and permanent welfare of the children will be served by granting the
relief requested because:
(a) Plaintiff can provide a more stable home for the children. The children have not
had a stable home or a permanent residence since Plaintiff and Defendant separated in
October, 1996 when Defendant had custody of the children;
(b) During the life of the children, Plaintiff has provided care, custody, and control
of the child and has the ability to do so at this time;
(c) During the life of the children, Plaintiff has provided the primary physical,
mental, and emotional guidance and the (lrimary physical, mental, and emotional care for the
child.
(d) Defendant left the area without making arrangements fort he care of the children,
leaving no forwarding address in complete disregard for the physical, mental and emotional
well being of the children.
t
8. Each parent whose parental rights to the children have not been terminated and thc person
who has physical custody of the child have been named parties to this action. No other (lCrsons
are known to have or to claim any right to cuslody or visilation of the child other than the parties
to this action.
WHEREFORE, P1ainliff requesls your Honorable Court to sct a time and place for a
hearing at which Plaintiff requests the Court to grant him custody of his children, Justin D.
DaShiell and Jeremy W. DaShiell.
Res(lcctfully submitted,
Frey & Tiley,
Attorneys for Plaintiff
By:
J~~,~,~---1 7 ~)
Robert G. Frcy, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013 (
(717) 243-5838
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DANIEL W, DaSHIELL, , IN THE CXXJRT OF <XJMMCX'ol PLEAS OF
,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs, , NO, 97-925 CIVIL TERM
,
,
,
TRACEY E, DaSHIELL, : CIVIL ACl'ION - LAW
Defendant ,
,
aIDER OP CXXlRT
AND toi, this 2 ..,~ day of
upon consideration of the attac ed Custody Conc 1
ordered and directed as follows:
1997,
it is
legal and
1987 I and
1. The Father, Daniel W, DaShiell, shall have sole
primary physical custody of Justin D, DaShiell, born March 25,
Jeremy W, DaShiell, born November 3, 1990,
2, The Mother, Tracey E, DaShiell, shall have periods of
visitation or partial custody with the Children only as arranged by mutual
agreement of the parties,
3, The Mother may seek a reconsideration of the custody
arrangements within thirty (30) days of this Order by having the matter
relisted with the CUstody Conciliator for an additional Conference,
BY THE CXXJRT,
cc: Robert G, Frye, Esquire - Counsel for Father
Tracey E, DaShiell - Mother ~ ~
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DANIEL W, DaSHIELL, IN THE COURT OF Cl:lMMON PLEAS OF
Plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA
,
,
,
vs, NO, 97-925 CIVIL TERM
:
TRACEY E. DaSHIELL, CIVIL ACTION - LAW
Defendant ,
,
CUS'lOOY CXH:ILIATIOO &IlMARY REPmT
IN ACXXlUWlCB wrm cnmERLAND <XUl'J.'l( RtlLB OP CIVIL m- 'KI ~
1915,3-8, the undersigned Custody Conciliator submits the following report:
1, The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NllMB
DATE OP BIRTIJ
amRIlHl'Ly IN CUS'lOOY OP
Justin D, DaShiell
Jeremy W, DaShiell
March 25, 1987
November 3, 1990
Plaintiff/Father
Plaintiff/Father
2, A Conciliation Conference was held on March 25, 1997, with the
fallowing individuals in attendance: The Father, Daniel W, DaShiell, with
his counsel, Robert G, Frey, Esquire and the Father's girlfriend, Regina
Miller. The Mother did not appear at the Conference and did not have
counsel attend on her behalf,
3, The Father's counsel indicated that the Conference Notice had been
served upon the Mother at her last known address, which is the residence of
the Mother's mother, Miriam BreMer,
4. According to the Father, the parties separated in
September/October 1996 and the Mother had physical custody of the Children
by informal agreement of the parties, The Father stated that from October
through February, the Mother relocated the Children three times between the
homes of her mother and her brother, The Father stated that on February 9,
1997, the Mother left the Children with a friend for what was intended to
be an overnight period, The Mother did not return as planned but contacted
the Father a few days later to insure that arrangements had been made for
the Children, According to the Father, the Mother has not attempted to
contact him with respect to seeing the Children nor has the Mother relayed
information through her mother indicating a desire to have contact with the
Children, The Father does not know where the Mother currently resides,
5, The Father stated that he and the two Children currently reside in
a one bedroom apartment in Carlisle, The Father indicated that he has
enrolled the Children in the appropriate school and has made daycare
arrangements as necessary, The Father further stated that he has finished
a time-consuming contract with his temporary employer and has started a new
job with regular hours,
DANIEL W. DaSHIELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
97-925 CIVIL TERM
TRACEY E. DaSHIELL,
Defendant
IN CUSTODY
PETITION FOR CUSTODY
AND NOW, comes the Petitioncr, Tracey E. DaShiell, by her attorneys, Irwin, MeKnight
and Hughes, and presents the following Pctition for Custody.
I.
The PetitioncrlDefendant is Tracey E. DaShiell, an adult individual residing at 340 Fox
Hollow Road, A-S, Shermans Dalc, Pennsylvania 17090.
2.
The RespondentlPlaintitl' is Daniel W. DaShiell, an adult individual residing at 29 South
Pitt Street, Apartment 2, Carlisle, Pennsylvania 17013.
3.
The parties are the natural parents of two ehildrcn, namely, Justin Daniel DaShiell, born
March 25. 1987, age II, and Jercmy William DaShiell, born November 3, 1990, age 8.
2
DANIEL W, DaSHIELL, , IN THE COURT OF CCX'IMON PLEAS OF
,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs, , NO, 97-925 CIVIL TERM
,
TRACEY E, DaSHIELL, CIVIL ACl'ION - LAW
Defendant ,
,
~~\JUj( CXNCILIATI~ stJlMARY REPCRl'
IN ACCaUlI\NCE wrm cnmERLAND cx:xmY RULE OF CIVIL Pku.:WllRE
1915,3-8, the undersigned Custody Conciliator submits the fcllowing report:
1, The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRTH
alRRENTLY IN CDSTODY OF
Justin D, DaShiell
Jeremy W, DaShiell
March 25, 1987
November 3, 1990
Plaintiff/Father
Plaintiff/Father
2, A Conciliation Conference was held on March 25, 1997, with the
following individuals in attendance: The Father, Daniel W, DaShiell, with
his counsel, Robert G, Frey, Esquire and the Father's girlfriend, Regina
Miller, The Mother did not appear at the ,Gonference and did not have
counsel attend on her behalf,
3, The Father's counsel indicated that the Conference Notice had been
served upon the Mother at her last known address, which is the residence of
the Mother's rother, Miriam Brenner,
4, ACCOrding to the Father, the parties separated in
September/October 1996 and the Mother had physical custody of the Children
by informal agreement of the parties, The Father stated that from October
through February, the Mother relocated the Children three times between the
homes of her mother and her brother, The Father stated that on February 9,
1997, the Mother left the Children with a friend for what was intended to
be an overnight period, The Mother did not return as planned but contacted
the Father a few days later to insure that arrangements had been made for
the Children, According to the Father, the Mother has not attempted to
contact him with respect to seeing the Children nor has the Mother relayed
information through her mother indicating a desire to have contact with the
Children, The Father does not know where the Mother currently resides,
5, The Father stated that he and the two Children currently reside in
a one bedroom apartment in Carlisle. The Father indicated that he has
enrolled the Children in the appropriate school and has made daycare
arrangements as necessary. The Father further stated that he has finished
a time-consuming contract with his temporary employer and has started a new
job with regular hours,
ftlrLA.t.A dCt, If"!?
Date '
6, The Conciliator recOllIllends an Order in the form as attached,
(O~~
Dawn S, Sunday, Esqui
Custody Conciliator
.~
DANIEL W. DaSHIELL,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
97-925 CIVIL TERM
TRACEY E. DaSHIELL,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of 1 'Ut \I ~ 1-' 199.1, upon consideration of the
Stipulation of the parties, custody of Justin Danicl DaShiell, born March 25,1987, age II, and
Jeremy William DaShiell, born November 3, 1990, agc 8, is cstablished as follows
1.
Primary legal and physical custody of both childrcn, Justin Daniel DaShiell and Jcrcmy
William DaShiell, is in the mother, Tracey E. DaShiell.
2.
The father, Daniel W. DaShiell, will have (leriods of temporary custody ofthc children,
Justin Daniel DaShiell and Jeremy William DaShiell, will bc with thc father, Daniel W.
DaShiell, as the partics agree is in the bcst interest of the children.
By the Court,
J.
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Law Office of
James K. Jones, Esquire
7 Irvine Row
CarlisTe, i>A 1'/013-3019
(717) 240'{)296
OCT 2 2 ZOO~
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DANIEL W. DaSHIELL, , IN THE CXXlRT OF COMMON PLEAS OF
,
plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA
,
,
,
vs, NO, 97-925 CIVIL
,
,
TRACEY E. DaSHIELL, :
Defendant , CUSTODY
,
awm OF o:llRT
AND tOi, this 5th day of January, 1999, the conciliator, being
advised by petitioner's counsel that all custody issues have been resolved
by a written, signed agreement between the parties, hereby relinquishes
jurisdiction in this case. The custody Conciliation Conference scheduled
for January 19, 1999 is canceled,
FOR THE CXXlRT,
~
Dawn S, sunday, ESqU r
custody conciliator
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DANIEL W. DASHIELL
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
: 97.925
TRACEY E. DASHIELL
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ~day of ()~ ,2001, upon
consideration of the attached Custody Coneiliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated January 11, 1999 is vaeated and replaeed with this
Order.
2. The Father, Daniel W. Dashiell, and the Mother, Traeey E. Dashiell, shall have shared legal
custody of Justin Daniel Dashiell, born March 25, 1987, and Jeremy William Dashiell, born November
3, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the Children's general well.being including, but not limited
to, all decisions regarding their health, education and religion.
3. The Father shall have primary physical custody of the Children.
4. The Mother shall have partial physical custody of the Children on alternating weekends
from Friday at 6:00 p.m. through Sunday at 5:00 p.m. The Mother's alternating weekend periods of
custody shall begin no sooner than October 20, 2001 and no later than November 16,2001.
S. The parties shall have custody of the Children on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which
shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 2:00 p.m., and
Segment B, which shall run from Christmas Day at 2:00 p.m. through Deeember 26 at
6:00 p.m. The Mother shall have custody of the Children during Segment A in even
numbered years and during Segment B in odd numbered years. The Father shall have
custody of the Children during Segment A in odd numbered years and during Segment
B in even numbered years.
B. THANKSGIVING: In odd numbered years, the Mother shall have eustody ofthe
Children on Thanksgiving Day from 9:00 a.m. until 2:00 (l.m. and the Father shall have
custody from 2:00 (l.m. until 9:00 (l,!l1, In even numbered years, the Father shall have
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custody of the Children on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the
Mother shall have eustody from 2:00 p.m. until 9:00 p.m.
C. EASTER: In every year, the Mother shall have custody of the Children from the
Saturday before Easter at 6:00 p.m. through Easter Sunday at 2:00 p.m. and the Father
shall have custody beginning on Easter Sunday at 2:00 p.m.
D. MEMORIAL DAY/JULY 4TII/LABOR DAY: The parties shall share or alternate
having eustody of the Children over the Memorial Day, July 4th and Labor Day holidays
as arranged by agreement.
E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the
Children every year on Mother's Day from 9:00 a.m. until 9:00 p.m. and the Father
shall have custody of the Children every year on Father's Day from 9:00 a.m. until 9:00
p.m.
F. The holiday custody schedule shall supersede and take precedenee over the regular
custody schedule.
6. The Mother shall be entitled to have custody of the Children for 10 days each year during
her vacation upon providing 45 days advance notice to the Father. The Mother shall not schedule her
periods of eustody under this provision on either the Father's holiday or weekend periods of custody.
7. The Mother shall provide transportation for all exchanges of custody unless otherwise
agreed between the parties.
8. Both parties shall ensure that both Children have a elean bed to sleep in every night.
Neither Child shall be required to sleep in sheets that were soiled the previous night.
9. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that their
spouses and other third parties having contact with the Children eomply with this provision.
10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
cc:
Dirk E. Berry, Esquire - Counsel for Father
Marcus A. McKnight, 1\1, Esquire - Counsel for Mother
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155 SOUTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
~~tV~~/'&.i9ro/~y
LAw OFFICES ,flll
717.241.6070.800.734.2132. FAX: 717.241.6878
ADVOCACY - ADVICE - ANSWERS
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TRACY KENNEDY
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No.
: CIVIL ACTION - LAW
: CUSTODY
DANIEL DASHIELL
Respondent
PETITION TO MODIFY CUSTODY
1. Petitioner is TRACY KENNEDY, Mother, residing at 340 Fox Hollow Rd. Lot
A6, Sherrnansdale, Pennsylvania.
2. Respondent is DANIEL DASHIELL, Father, residing at Roxbury
Treatment Center. 601 Roxbury Rd., Shippensburg, Pennsylvania.
3. Father's home address is 257 Pine Grove Rd., Gardners, Pennsylvania.
4. Plaintiff seeks custody of the following ehildren:
NAME
RESIDENCE
DOB
3-25-87
AGE
Justin DaShiell
257 Pine Grove Rd.
15
Gardners, P A
Jeremy DaShiell
257 Pine Grove Rd.
11-3-90
11
Gardners, P A
S. On October 4,2001. the Honomble Edgar B. Bayley entered the allaehed eustody
Order: Exhibit A.
6. Since the entry of said Order. there has been a significant change in cireumstances
in that:
(a) Respondent father, DANIEL DASHIELL. has left the children in the care of his wife,
Regina DaShiell, while he has entered the Roxbury Treatment Centcr.
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
DANIEL W. DASHIELL
Plaintiff
: 97-925
TRACEY E. DASHIELL
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ~day of ()d4.A.. , 2001, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated January II, 1999 is vacated and replaced with this
Order.
2. The Father, Daniel W. Dashiell, and the Mother, Tracey E. Dashiell, shall have shared legal
custody of Justin Daniel Dashiell, born March 25, 1987, and Jeremy William Dashiell, born November
3, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the Children's general well-being including, but not limited
to, all decisions regarding their health, education and religion.
3. The Father shall have primary physical custody of the Children.
4. The Mother shall have partial physical custody of the Children on alternating weekends
from Friday at 6:00 p.m. through Sunday at 5:00 p.m. The Mother's alternating weekend periods of
custody shall begin no sooner than October 20, 2001 and no later than November 16, 2001.
5. The parties shall have custody of the Children on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which
shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 2:00 p.m., and
Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at
6:00 p.m. The Mother shall have custody of the Children during Segment A in even
numbered years and during Segment B in odd numbered years. The Father shall have
custody of the Children during Segment A in odd numbered years and during Segment
B in even numbered years.
B. THANKSGIVING: In odd numbered years, the Mother shall have custody of the
Children on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Father shall have
custody from 2:00 p.m. until 9:00 p.m. In even numbered years, the Father shall have
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custody of the Children on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the
Mother shall have custody from 2:00 p.m. until 9:00 p.m.
C. EASTER: In every year, the Mother shall have custody of the Children from the
Saturday before Easter at 6:00 p.m. through Easter Sunday at 2:00 p.m. and the Father
shall have custody beginning on Easter Sunday at 2:00 p.m.
D. MEMORIAL DA Y/JUL Y 4TII/LABOR DAY: The parties shall share or alternate
having eustody of the Children over the Memorial Day, July 4lh and Labor Day holidays
as arranged by agreement.
E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the
Children every year on Mother's Day from 9:00 a.m. until 9:00 p.m. and the Father
shall have custody of the Children every year on Father's Day from 9:00 a.m. until 9:00
p.m.
F. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
6. The Mother shall be entitled to have custody of the Children for 10 days each year during
her vacation upon providing 45 days advance notice to the Father. The Mother shall not schedule her
periods of custody under this provision on either the Father's holiday or weekend periods of custody.
7. The Mother shall provide transportation for all exchanges of custody unless otherwise
agreed between the parties.
8. Both parties shall ensure that both Children have a clean bed to sleep in every night.
Neither Child shall be required to sleep in sheets that were soiled the previous night.
9. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that their
spouses and other third parties having contact with the Children comply with this provision.
10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
cc:
Dirk E. Berry, Esquire - Counsel for Father
Marcus A. McKnight, 111, Esquire - Counsel for Mother
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TRACY KENNEDY.
PlaintifT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO. 97-925
DANIEL DASHIELL,
Defendant
IN CUSTODY
CERTIFICATE OF SERVICE
I, Karl E, Rominger. Esquire. attorney for Plaintiff. do hereby certify that I this day served
a copy of the Petition to Empower Conciliator to Hear From tI,e Minor Children upon the
following by depositing same in the United States Mail. first class postage prepaid, at Carlisle.
Pennsylvania, addressed as follows:
Dirk Berry, Esquire
7 Irvine Row
Carlisle. PA 17013
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Dated: '7 _ 2 .5 -0 ~
Karl E, Rominger, Esquire
Attorney for Plaintiff
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TRACY KENNEDY,
Plaintiff
NOV 0 1 2002v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
97-925
CIVIL ACTION LAW
DANIEL DASHIELL,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this l{ "" day of tJ ~ , 2002, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall engage in joint counseling with a professional to be selected by agreement
of the parties, The purpose of the counseling shall bc to assist thc parties in establishing sufficient
communication and cooperation to enable them to effectivcly co-parent their Children. The parties
shall participate in a minimum of 4 joint sessions, The Father shall be responsible to pay any co-
payment amount which is not covered by his insurance. The parties shall select the counselor and
contact the counselor's office within 20 days of thc date of this Order in order to schedule the 1"
session,
2, The Mother, Tracy Kenncdy, and the Father, Daniel Dashiell, shall have shared legal
custody of Justin Dashiell, born March 25, 1987, and Jeremy Dashicll, born November 3, 1990, Each
parent shall have an equal right, to bc exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Children's general well-bcing including, but not limited to, all
decisions regarding their health, education and religion, Pursuant to the tcrms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information, The parties shall cooperate in taking all
necessary steps to ensure that both parties are receiving all school records and important information
regarding the Children's school events and assignments,
3, The Father shall have primary physical custody of Justin, who will continue to be enrolled
in school in Carlisle unless otherwise agreed between the parties, The Mother shall have primary
physical custody of Jeremy, who will be enrolled in school in Perry County, unless otherwise agreed
between the parties,
4, The parties shall alternate having custody of both Children over weekends from Friday
between 4:30 and 5:00 p,rn, through Sunday at 7:00 p.m.
5, The parties shall share or alternate having custody of both Children on holidays as follows:
A, CHRISTMAS: In every year, the Mother shall have custody of the Children from the last
day of school before the Christmas break between 4:30 and 5:00 p,m, through Christmas Day at
10:00 a,m., the Father shall have custody from Christmas Day at 10:00 a,m, through the date
that will divide the entire Christmas school break equally between the parties, and the Mother
shall have custody from that day through the evening before school resumes at 7:00 p,m.
B, THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which
shall run from the Wednesday before Thanksgiving after school between 4:30 and 5:00 p,m,
through Friday at 7:00 p,m" and Segment B, which shall run from the Friday after
Thanksgiving at 7:00 p,m, through the following Monday at 7:00 p,m, In even numbered
years, the Father shall have custody of the Children during Segment A and the Mother shall
have custody during Segment B, In odd numbered years, the Mother shall have custody of the
Children during Segment A and the Father shall have custody during Segment B,
C, EASTER: The Easter holiday shall be divided into Segment A, which shall run from the
Wednesday before Easter after school between 4:30 and 5:00 p,m, through the Friday before
Easter at 7:00 p,m" and Segment B, which shall run from the Friday before Eastei at 7:00 p,m,
through the Monday following Easter at 7:00 p,m, In even numbered years, the Father shall
have custody of the Children during Segment A and the Mother shall have custody during
Segment B. In odd numbered years, the Mother shall have custody of the Children during
Segment A and the Father shall have custody during Segment B,
B, MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children
every year on Mother's Day from 9:00 a,m, until 9:00 p,m, and the Father shall have custody of
the Children every year on Father's Day from 9:00 a,m, until 9:00 p,m.
C, MEMORIAL DAY. JULY 4TII. LABOR DAY: The period of custody on Memorial Da~
and Labor Day shall run from 9:00 a.m, until 9:00 p.m., and the period of custody on July 4'
shall run from 9:00 a,m, until after the fireworks, In even numbered years, the Father shall
have custody of the Children on Memorial Day and Labor Day and the Mother shall have
custody on July 4th. In odd numbered years, the Mother shall have custody of the Children on
Memorial Day and Labor Day and the Father shall have custody on July 4th.
D. CHILDREN'S BIRTHDAYS: In the event the Children's birthdays fall on a school day,
the period of custody shall run from after school between 4:30 and 5:00 p,m, through 9:00 p.m,
and in the event the Children's birthdays fall on a weekend, the period of custody shall run
from 9:00 a,m, until 9:00 p,m, on each Child's birthday. The Mother shall have custody of the
Children on their birthdays in even numbered years and the Father shall have custody of the
Children on their birthdays in odd numbered years,
E. The holiday custody schedule shall supersede and take precedence over the regular custody
schedule and the alternating weekends shall continue without adjustment for intervening
holidays,
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TRACEY KENNEDY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
97-925
CIVIL ACTION LAW
DANIEL DASHIELL,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ ~~ day of ~ ,2003, based on the
stipulation of the parties, the Court hereby Orders as follows:
1, The Mother, Tracey Kennedy, and the Father, Daniel DaShiell, shall have shared
legal custody of Justin DaShiell, born March 25, 1987, and Jeremy DaShiell, born
November 3, 1990, Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the Children's general
well-being including, but not limited to, all decisions regarding their health, education
and religion, Pursuant to the terms of this paragraph each parent shall be entitled to all
records and information pertaining to the Children including, but not limited to, school
and medical records and information, The parties shall cooperate in taking all necessary
steps to ensure that both parties are receiving all school records and important
information regarding the Children's school events and assignments,
2, The Mother shall have primary physical custody of Justin and Jeremy, who will
be enrolled in Perry County, unless otherwise agreed between the parties,
3, The parties shall alternate having custody of both Children over weekends from
Friday between 4:30 p,m, and 5:00 p,m, through Sunday at 7:00 p,m,
4, The parties shall share or alternate having custody of both Children on holidays as
follows:
A, CHRISTMAS: In every year, the Mother shall have custody of the
Children from the last day of school before the Christmas break between 4:30 p,m, and
5:00 p,m, through Christmas Day at 10:00 a,m" the Father shall have custody from
Christmas Day at 10:00 a,m, through the date that will divide the entire Christmas school
break equally between the parties, and the Mother shall have custody from that day
through the evening before school resumes at 7:00 p,m,
B, THANKSGIVIN(i: The Thanksgiving holiday shall be divided into Segment A,
which shall run from the Wednesday before Thanksgiving after school between 4:30 p,m,
and 5:00 p,m, through Friday at 7:00 p,m" and Segment B, which shall run from the
Friday after Thanksgiving at 7:00 p,m, through the following Monday at 7:00 p,m, In
even numbers years, the Father shall have custody of the Children during Segment A and
the Mother shall have custody during Segment B, In odd numbered years, the Mother
shall have custody of the Children during Segment A and the Father shall have custody
during Segment B,
C, EASTER: The Easter holiday shall be divided into Segment A, which shall
run from the Wednesday before Easter after school between 4:30 p,m, and 5:00 p,m,
through the Friday before Easter at 7:00 p,m" and Segment B shall run from the Friday
before Easter at 7:00 p,m, through the Monday following Easter at 7:00 p,m, In even
numbered years, the Father shall have custody of the Children during Segment A and the
Mother shall have custody during Segment B, In odd numbered years, the Mother shall
have custody of the Children during Segment A and the Father shall have custody during
Segment B,
D, MOTHER'S DA YIFA THER'S DAY: The Mother shall have custody of the
Children every year on Mother's Day from 9:00 a,m, until 9:00 p,m, and the Father shall
have custody of the Children every year on Father's Day from 9:00 a,m, until 9:00 p,m,
E, MEMORIAL DAY. JULY 4T11. LABOR DAY: The period of custody on
Memorial Day and Labor Day shall run from 9:00 a,m, until 9:00 p,m" and the period of
custody on July 4th shall run from 9:00 a,m, until after the fireworks, In even numbered
years, the Father shall have custody of the Children on Memorial Day and Labor Day and
the Mother shall have custody on July 4th, In odd numbered years, the Mother shall have
custody of the Children on Memorial Day and Labor Day and the Father shall have
custody on July 4th,
F, CHILDREN'S OIRTHDA YS: In the event the Children's birthdays fall on
a school day, the period of custody shall run from after school between 4:30 p,m, and
5:00 p,m, through 9:00 p,m, and in the even the Children's birthdays fall on a weekend,
the period of custody shall run from 9:00 a,m, until 9:00 p,m, on each Child's birthday,
The Mother shall have custody of the Children on their birthdays in even numbered years
and the Father shall have custody of the Children on their birthdays in odd numbered
years,
G, The holiday custody schedule shall supersede and take precedence over the
regular custody schedule and the alternating weekends shall continue without adjustment
for intervening holidays,
5. The parties shall share having custody of the Children during the summer school
break each year in accordance with the following schedule: The Mother shall have
custody of both Children for one-half of the summer school break beginning on the JnI
Friday in June and the Father shall have custody of both Children for the second halfof
the summer school break, Throughout the summer, the non-custodial parent shall have
custody of the Children on alternating weekends from Friday between 4:30 p,m, and 5:00
p,m, through Sunday at 7:00 p,m,
6, The party receiving custody shall be responsible to provide transportation for the
exchange unless otherwise agreed between the parties,
7, Neither parent shall consume alcohol to excess during his or her periods of
custody, Both parties shall ensure that third parties having contact with the Children
comply with this provision,
8, Both parties shall ensure that both Children have a clean bed to sleep in every
night. Neither Child shall be required to sleep in sheets that were soiled the previous
night.
9, Both parties shall ensure that the Children in his or her custody complete all
homework assignments and projects, The party with primary custody shall provide the
other party with all documentation concerning schooling for the Children,
10, Neither party shall say or do anything which may estrange the Children from the
other parent, injure the opinion of the Children as to the other parent, or hamper the free
and natural development of the Children's love and respect for the other parent. Both
parties shall ensure that third parties having contact with the Children comply with this
provision,
11. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference, The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
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5, The relationship of the Defendant to the children is that of natural father,
Defendant currently resides with his wife, Regina DaShiell,
6, For the past five years, the children have resided at the following addresses with
the following persons:
a, From 1996 to 1997 with Daniel DaShiell in Carlisle, Pennsylvania,
b, From 1997 to 2001 with Tracey Kennedy in Loysville, Pennsylvania,
c, From August 200] to present with Daniel DaShiell at 257 Pine Rd" Gardners,
Pennsylvania,
7, Mother and Father have previously undergone a Conciliation on November 4,
2002, regarding docket number 97-925, Neither party has knowledge of any other custody
proceedings concerning the children pending in any court of this Commonwealth, Mother does
not know of any other people, not a party to these proceedings, who have physical custody of the
children or claim to have custody or visitation rights with respect to the children,
8, Both Mother and Father agree that it is in the best interest of the child for the
Court to enter the attached Order of Court as an Order,