HomeMy WebLinkAbout97-04421
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present. The second visit shall be for several hours, but not
less than two or three. with the Father alone. The third visit
during that weekend shall be with Father alone and should
extend longer than four hours. In the event that Father is here
for more than three days. he shall also be entitled to visit with
the child on any day that he is present. The purpose of this
provision is to expand his time each day that he is in
Pennsylvania to visit with the child alone.
C, On the third and subsequent visits with the child, the
child should be made available to Father for an extended period
during the day to extend four hours or more. The Father shall
work up to a period of time during the last night that he is in
Pennsylvania such that he should have the ability to have the
child overnight with him and return the child to the Mother's
residence the next day, The specific time and dates for these
visits shall be worked out between the parties.
D. In the event that Father cennot exercise his first
period of visitation with the child over the Thanksgiving
hoItdav, he must advise Mother within thirty (30) days as to
when he intends to exercise the first period of visitation.
Therufter. Fathef shall pt'OWJe Mother with thirty (301 days
SUSAN J. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. . CIVIL ACTION - CUSTODY
.
: 97 - 1/4;;1./
SHAWN D. MCELHENIE, .
.
Defendant
ORDER OF COURT
AND NOW, A-,xlv:, \- Il.....\ , 1997, upon consideration of the
attached Complaint".Jit is hereby directed that the par~ies and their
respective counsel appear before' t '
the conciliator, at <:('" .:.:, \,~ ' .,
on the \ 8,. day of ("', 1997, at
o'clock-'L.m., for a Pre-He ring 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 THE COURT,
-J)' . {\ tit ~ f
By: ii (' .I'DJ.:...'(. , , , '-\, ~ ~ '
CUstody ConcH ator h1:>' ' t
The Court of Common Pleas of CUmberland County is required by law to
comply with the Americans with Disabilities Act of 1990. For informa-
tion about accessible facilities and reasonable accommodations avail-
able 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 'fAD 'tillS 'APIR TO YOUR LAWYJIR AT OllClf. IP YOU DO IIIOT
HAft A LAWYJIR OR CAIOIOT UFORD on, GO TO OR TILlPKOn '1'1Ul OFFICI .IT
FORTH BILOW TO FIIID OUT WllBU YOU CAJf GET LlGAL KIL'.
Court Administrator
Fourth Floor
Cumberland county Courthous.
Carlisle, Pennsylvania 17013
(717) 249-6200
(717) 697-0371 Ext 6200
SUSAN J. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. . CIVIL ACTION - CUSTODY
.
.
.
SHAWN D. MCELHENIE, . 97 - J./ 1,:). I
.
Defendant .
.
COMPLAINT FOR CUSTODY
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1. Plaintiff is Susan J. Baker (formerly Susan J. KcElhenie), an
adult individual who resides at 724 N. Front Street, Apartment 2,
Wormleysburg, Pennsylvania.
2. Defendant is Shawn D. KcElhenie, an adult individual with a
last known address of 3271 Cardinal Lake Drive, Duluth, Georgia 30136-
3941.
3. Plaintiff seeks modification of a prior custody agreement and
the entry of a formal Order of Court concerning the following child:
Tylor J. KcElhenie, D.O.B. July 29, 1990. The child was not born out
of wedlock and is presently in the custody of Plaintiff, the child'.
natural mother,
4. During the past five (5) years, Defendant's whereabouts have
been generally unknown and the child has resided with Plaintiff at
various locations within cuab8rland county, Pennsylvania.
5. Defendant is the natural father of the child. It is unknown
where Defendant resides or with WhOlR he resides, if anyone.
6. Since the prior custody agreement, Plaintiff has remarried and
currently lives with her husband and a child from her current marriage.
7. Plaintiff has not participated as a party or wit~ess, or in
another capacity, in other litigation concerning the custody of the
child in this or another court.
8. Plaintiff has no information of a custody proceeding concerning
the child pending in a court of this Commonwealth and 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. Although a prior custody agreement exists, no significant
custody contact has occurred between the Defendant and child and recent
events necessitate the entry of a formal court Order.
10. A formal Order of Court is necessary for the best interest of
and the permanent welfare of the child will be served by ordering that
both parties share legal custody of the child, granting Plaintiff
primary physical custody, directing the entry of an Order for super-
vised visitation between the child and Defendant and requiring Defen-
dant to undergo counseling for the following reasons:
(A) Plaintiff is a fit parent who has and can continue to take
care of the child and who can provide him with a supportive, aafe and
healthy environment:
(8) Defendant'. conduct and behavior ia not in the beat interest
of the child in that:
2
(i) Defendant has failed to engage in any meaningful custody
relationship with the child on a consistent and periodic basis
during the last three (3) years; and
(ii) Defendant has threatened to kill Plaintiff and the
child, charges which resulted in Defendant entering a plea of nolo
contendere on August S, 1997 and a conditional sentence of the
court requiring that Defendant have no contact with Plaintiff; (A
copy of the Order of Court is attached hereto as Exhibit "A".);
and
(iii) Defendant has no permanent address and has resided
outside the Commonwealth of Pennsylvania for an extended period of
time prior to his arrest in Georgia and subsequent extradition to
Pennsylvania as a result of the charges discussed above and
docketed to 94 - 1004 Crim; and
(iv) Defendant has no interest in establishinq a relationship
with the child; and
(v) Defendant has no location or home to establish or conduct
a meaningful custodial relationship with the child.
11. A formal custody Order directing supervised periods of partial
custody with Defendant is nece.sary to insure the best interest of the
child.
3
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responsibility,
FIFTH: MARITAL AND I OR JOINT DEBT$- Parties hereto agee
there are no outstanding joint obligations except approximately four months of rent on
their fa-mer residence at 403 Baltima-e Street, Dillsburg, Pa, which they agee to
divide equally. FLrtherma-e. each will be solely responsible fa- any and all debts
.'
incfvidually incurred by each during the marriage
SIXTH: DIVISION OF PERSONAL PROPERTY- The parties
hereto agee that all of the ftrniture and household goods have been cfvided to ther
mutual satisfaction.
; '''~'' ~,"""'N' t. ....-. ,'1;,;- ~ S"'V"'NTu, UTOMOBIL"'S HUSBAND h b
-- ~";'.a.J ,..,. ,:.,,\\ ;.,!~t:~.. ,,"'::~;.I.r') ~~ It: -= {l. A ~ - ere yageesto
...",.....,. 04"'C, \...,.(J.. ",-, ~ 1 _ oJ
transfer title from joint names to WIFE's name aJonlf,a 1988 F a-d Thunderbird upon
^
WIFE arranging to payoff the Joan on said automobile of awoximately $6.500 ._'; r ..r_ ::L i. "i'
... "Il.f~;",.,r.t."" :t,;'~ rl'i1, <r,:"......,-'t'~~:_~i ~,... ~'l.-..\A,.;,(;~t&.. ~i,t;--;..."1:..:-;;"rrf ~";'"ri..:. .......;1"':\'.... .\,......e.
L~ .,,;.. currently in her HUSBAND's,.!:lJlM at Harrisbu' Be/co Creat Union._
I ,.ll\t'.; ....1~~ rA:-r~..:.. > ,,,-\f."\ '}t\..Lt~ ....~ .'~.:tf.lli~V
EIGH1H: - Primary physical
custody wiD be with the WIFE. with the HUSBAND having liberal tempa-Ny custody
and visitation rights
The Pll'ties hereto shall have joint legal custody. which means that
both perents h.~ ~ obligation to consult and confer with each other, and ... tntitled
to copies of aD recads and repats by lIII agencies, schools. hospitals and dodcn.
and oth. htalth an provicltrs r~cing the:
" health. 2. education. and 3. r~ inIrudlcn
of TnOR.
. "
DIIfr ,":
-~--. --..- ..~. - -.--. .
Uberal Temporary Custody is defined as lollows:
(a) Four (4) continuous weeks each summer; exact dates to
be mutually ageed upon by the parties. except fl;l' '993 when the FATHER is entitled
to exercisE\hiS templ;l'ary custody rights between Saturday At'~1.1 ~r and Sltftl/,c;..-'
3~ <{.TtI at 8:00 p,m,
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(b) On'Shawn's birthday (3111) each yers,
(c) Holidays on an alternating basis. as follows:
1994 and all even numbered years:
FATHER
MOTHER
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,....~ _~~L<' ~;'~Easter \
::...:.......':~ ~ tV\ ......".. ',\,." ..:' :... ~.....l}
":" .....,<:c'- New Year's
. ~" < ,; Memmal Day
,~....,:' .~. ": I~' ""7..J':... :....;',(~:..-.'...!
, . "L ....., 0( _ '4th of July _ " " " ~
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,- .....:. " Tylor's Bi1hday (7129)
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, ..~ < ,.' Thanksgiving . , .'
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In 1995. and on an odd numbered y.... the FATHER lIhall b.
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entitled to l1a.,. Tyler ;;'E"ast... ~h of Jul-;:iabcr Day
.... """"-....
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.and"Clviatma.. ,-"c.:_ "..-. ~...'" ';..",-~...t w> :."n. .....!....'
~ ol' -p" c Labor Day
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.,. )
-~, -,''c. Christmas.
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d. Since FATHER choae to leave Pennsylvania to
rulde In Gecrgia with hi. I*'.nts, all transp<<taUon arrangementalcost.
between Gecrgia or, wh....v. FATHER chooee. to live in the futur.,
P.nn.ylvanta mutt tM FATHER'.rnponeibillty,
., F ATHER lIhan "ao be enUtled to call hi. son tnry
Saturday tMtw.en 1:00 and 9:00 "m. and on Monday and Tu"',
evenmp at 5:00 p,m,
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