HomeMy WebLinkAbout97-03879
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John Shellhamer,
Pia intiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
NO. 97- 3:nq
CIVIL TERM
Donna
Trutt,
Defendant : CUSTODY
I ') ~ CUSTODY ORDER
AND NOW, this ~ day of July, 1997,
upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' child, D.J. Shellhamer:
1. The plaintiff, John Shellhamer, hereinafter referred to
as the father, and the defendant, Donna Trutt, hereinafter
referred to as the mother, shall share legal custody of the
child.
2. The mother shall have primary physical custody of the
child.
3. The father shall have partial physical custody of the
child, according to the following schedule: Every other weekend
from Friday at 6100 p.m. until Sunday at 6:00 p.m
4. The mother and father shall share transportation with
the non-custodial parent picking the child up to begin that
parent's period of cu~tody. unles~ ntherwise agreed by the
parties.
S. The father and mother shall alternate Christmas Eve and
Christmas Day each year, one parent having the child on Christ...
Eve until Christmas Day at 10:00 a... and the other parent having
the child fro. Christmas Day at 10100 a... until Christmas Day at
8:00 p...
6. The father and mother shall alternate the followinq
.
holidays: The Fourth of July, Labor Day, Thanksgiving, Easter,
and Memorial Day, with the father having Labor Day in 1997.
7. The father shall have the right to have the child on her
birthday at a time to be agreed upon by the mother and father.
8. The father and mother shall have the right to custody
of the child for one week, including two weekends, each summer.
The mother and father shall give each other at least two weeks
notice as to when that parent's period of summer custody will
take place.
9. Neither party shall become intoxicated or expose the
child to illegal drugs prior to or during that parent's custody.
10. The mother and father, by mutual agreement, may vary
from this schedule at any time.
11. The mother and father shall notify each other of all
medical care the child receives while in that parent's care.
Each parent shall notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
12. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
as to the other parent or which may ha~per the free and natural
develop.ent of the child's love or respect for the other parent.
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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.
f. The parties will alternate the following holidays:
The Fourth of July, Labor Day, Thanksgiving, Easter,
and Memorial Day, with the father having Labor Day in
1997.
g. The father will have the right to have the child on
her birthday at a time to be agreed upon by the mother
and father.
h. The father and mother will have the right to
custody of the child for one week, including
two weekends, each summer. The father and mother will
give each other at least two weeks notice as to when
that parent's period of summer custody will take place.
2. Neither party will become intoxicated or expose the
child to illegal drugs prior to or during that parent's custody.
3. The mother and father, by mutual agreement, may vary
from this schedule at any time.
4. The mother and father will notify each other of all
medical care the child receives while in that parent's care.
Each parent will notify the other immediatelY of medical
emergencies which arise while the child is in that parent's care.
5. 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 will do anything which
may .strange the child froa the other parent. or injure the
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other:
(f) Debts and obligations
Mortgage: N/A
Rent: N/A
Loans: N/A
Monthly Expenses: Electric- $60-80.00. TeleDhone-
$30.00. Groceries- $200.00. Clothina- $175.00
(g) Persons dependent upon you for support
(wife) (Husband) Name: N/A
Children, if any:
Name: D.J. Shellhamer Age: 6
Kira Amanda Shellhamer Age: 15
Kassandra Shellhamer Age: 10
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
..de subject to the penalties of 18 Pa, C.B, 4904, relating to
Date:
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authorities.
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John Snellb&*er ~ Plaintiff
unsworn falsification to
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JOHN O. SHELLEHAMER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
.
.
NO. 97-3879 CIVIL TERM
DONNA TRUTT,
Defendant
CUSTODY
ORDER OF COURT
AND NOW this C::,J , day of ::) ,,'i:)' , 1997, upon consideration
of the attached petition, it is hereby directed that the parties and
their rel;'pective counsel a~pear ,before :, ..' ',r,. rr " :c '" ; ,
the conc~liator, at *' ,.,., "'-C 'I)~ "c,, r ,,' 'r" n ,r"A l,~ ,
on the d\ day of \.'():C"N'C:S"I, 1997, at ("('(',C1..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.
YOU SHOULD TAJ(E THIS PAPER TO YO~ LAWYER AT ONCE. IF YOU 00 NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FINO OUT WHERE YOU CAN GET LEGAL HELP.
CO~T ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AKBRICABS WITH DI8ABILITIBS ACT or 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.
For the Court,
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CUstody conciliator "1 '
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with the child pursuant to the custody Order in spite
of the father's repeated attempts to get the child for
his court-ordered weekends both by himself and through
the parties' counsel.
b. Repeatedl~ refusing to allow the father phone
contact with the child by failing to return his
telephone calls.
6. The father requests that the Court order the mother to
comply with the Order of July 17, 1997, and to direct the
Carlisle Police Department to facilitate the transfer of custody
to the father.
7. The defendant's attorney, Paul Bradford Orr, has been
informed of the filing of this petition.
WHEREFORE, the plaintiff requests that this court enter a
Temporary Order enforcing the Order of JUly 17, 1997, granting
partial custody of the child to the plaintiff every other weekend
from Friday at 6:00 p.m. until sunday at 6:00 p.m., commencing on
Friday, October 10, 1997, until further Order of Court.
The plaintiff further requests that the CUmberland county
Sheriff's Department be directed to facilitate the transfer of
custody.
The plaintiff requests that the defendant be found in
conte.pt of the attached custody Order of JUly 17, 1997 and
punished by a fine and/or imprlsonment.
,......,
John Shellhamer, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
v. :
NO. 97- 381q CIVIL TERM
Donna Trutt, .
.
Defendant CUSTODY
AND NOW, this
CUSTODY ORDER
tL
11 day of July, 1997, upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' child, D.J. Shellhamer:
1. The plaintiff, John Shellhamer, hereinafter referred to
as the father, and the defendant, Donna Trutt, hereinafter
referred to as the mother, shall share legal custody of the
child.
2. The mother shall have primary physical custody of the
child.
3. The father shall have partial physical custody of the
child, according to the fOllowing schedule: Every other weekend
from Friday at 6:00 p.m. until Sunday at 6:00 p..
4. The mother and father shall share transportation with
the non-custodial parent picking the child up to begin that
parent's period of custody, unless otherwise agreed by the
parties.
5. The father and mother shall alternate Christmas Eve and
Christaas Day each year, one parent having the child on Christaas
Eve until christmas Day at 10:00 a.m. and the other parent having
the child from Christmas Day at 10:00 a.a. until Christmas Day at
8:00 p...
6. The father and .other shall alternate the following
,....,
holidays: The Fourth of July, Labor Day, Thanksgiving, Easter,
and Memorial Day, with the father having Labor Day in 1997.
7. The father shall have the right to have the child on her
birthday at a time to be agreed upon by the mother and father.
8. The father and mother shall have the right to custody
of the child for one week, including two weekends, each summer.
The mother and father shall give each other at least two weeks
notice as to when that parent's period of summer custody will
take place.
9. Neither party shall become intoxicated or expose the
child to illegal drugs prior to or during that parent's custody.
10. The mother and father, by mutual agreement, may vary
from this schedule at any time.
11. The mother and father shall notify each other of all
medical care the child receives while in that parent's care.
Each parent shall notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
12. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
as to the other parent or which may hamper the free and natural
development of the child's love or respect for the other parent.
By the court,
TRUE COpy F~OM UCORO
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JOHN O. SHELLEHAMER, JR.,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
.
.
DONNA TRUTT,
Defendant
:NO: 97 - 3879 CIVIL TERM
:IN CUSTODY
Prior Judge: George E. Hoffer
CONCILIATION CONFERENCE SVM/ofARY .REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.J-8(b), the undersigned Custody Conciliator Bubmits the
following report:
1. The pertinent information pertaining to the child who is the
subject of thiB litigation iB aB followB:
Desiree Jeanette Shellehamer, born January 1, 1991.
2. A Conciliation Conference waB held on November 21, 1997, with
the following individualB in attendance:
The Father, John O. Shellehamer, Jr., with his counsel, Joan
E. Carey, EBquire, and the Hother, Donna Trutt, with her
counsel, Paul Bradford Orr, Esquire.
J. This case is before the Conciliator on a Petition for Contenrpt
filed by the Father claiming the Hother was in contempt for
failing to abide by the Order and failing to deliver the minor
child to the Father for scheduled visitation. Father was
willing to withdraw that Petition in light of the fact that
over the past few months Hother has been abiding by the Order.
However, Hother has now filed a Petition for Hodification of
the Custody arrangement claiming that the Father is unfit and
that the Father should only exerciBe custody over the minor
child when that custody is supervised. An agreement could not
be reached. The parties require a hearing. A hearing should
take no more than one day.
... The Conciliator recOlll/llends an Order in the form as attached.
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lfu rt X. G. roy, Esqu re
Custody Conciliator
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