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HomeMy WebLinkAbout03-0358GEORGE SHUNK and SALLY SHUNK, Plaintiffs vs. GREG SHUNK and BETH SHUNK, Defendants IN THE COURT OF CO~ON PLEAS OF CUMBERLAND COUNTY PEATNSYLVANIA CIVIL ACTION - CUSTODY NO. 6),3- .3'..X'~ NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 Mary A..,Et[e~ Dis'singer Attorney for Plaintiffs GEORGE SHUNK and SALLY SHUNK, Plaintiffs vs. GREG SHUNK and BETH SHUNK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. COMPLAINT FOR CUSTODY 1. Plaintiffs are George and Sally Shunk, residing at 409 Newport Road, Duncannon, Perry County, Pennsylvania 17020. 2. Defendant is Beth Shunk, residing at 7 North Corporation Street, Apt. 2, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant, Beth Shunk, has resided there with the minor child, Alicia Marie Shunk, (born October 18, 1993), since October 2003. 4. Prior to this address Defendant, Beth Shunk, has resided at 57 South High Street, Newville, Cumberland County, Pennsylvania 17241, with the child and another man whose name is unknown to Plaintiffs. 5. While Plaintiff believes the child has resided in the county of Cumberland for the past last six (6) months, Plaintiff has no knowledge as to where the child has resided for the last five years except as set forth above. 6. Defendant is Greg Shunk, residing at P.O. Box 5, Neelyton, Huntingdon County, Pennsylvania 17239. He is the biological father of a minor child Alicia Marie Shunk born October 18, 1993. 7. George and Sally Shunk are the paternal grandparents of a minor child Alicia Marie Shunk born October 18, 1993. 8. The minor child Alicia Marie Shunk is the biological daughter of the Defendants Beth Shunk and Greg Shunk. 9. Beth Shunk and Greg Shunk were married on or about March 30 1991 and were divorced sometime in August of 1993. 10. By paternity testing, it has been established that Greg Shunk is the father of Alicia Marie Shunk. 11. The Plaintiffs herein are the parents of Greg Shunk and therefore the paternal grandparents of the minor child in question 12. The Plaintiffs assert their right to grandparent visitation 13. Plaintiffs believe that it is in the best interest of the child to know her paternal grandparents and establish a relationship with them. WHEREFORE, it is respectfully requested that the Plaintiffs be granted rights of visitation to Alicia Marie Shunk. Respectfully Submitted: DISSINGER and DISSINGER By: Mary A' Et[er DisSinger,~sq~ire Attorney for Plaintiffs Supreme Court I.D. %27736 400 South State Road Marysville, PA 17053 (717) 957-3474 VERIFICATION We, George Shunk and Sally Shunk, verify that the statements made in the Complaint for Custody are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. George'hunk, Plaintiff S~lly Sh~, pi~intif~ GEORGE SHUNK & SALLY SHUNK PLAINTIFF GREG SHUNK & BETH SHUNK DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-358 CIVIL ACTIO LAW IN C'USTODY ORDER OFCOURT AND NOW, Friday, January 31, 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, PA 17043 on Tuesday, March 04, 2003 at 1:00 PM 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 l~resent 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 hearing. FOR THE COURT~ By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Di.sabilites 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 an'angements 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 170 l 3 Telephone (717) 249-3166 GEORGE SHUNK and SALLY SHUNK, Plaintiffs VS. GREG SHUNK and BETH SHUNK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY N0.03-358 AFFIDAVIT OF MAILING COMMONWEALTH OF pENNSYLVANIA : SS COUNTY OF PERRY Mary A. Etter Dissinger, Esquire, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Custody Order scheduling a Custody Conciliation Conference in this action to the Defendant, Greg Shunk, at his residence, and that Defendant did receive same as evidenced by the signed receipt on or before February 10, 2003 attached hereto as Exhibit "A". Mary A. Etter Dissinger, Esquire Attorney for Plaintiff 400 South State Road Marysville, PA 17053 (717) 957-3474 Sworn to and subscribed before me this i~~ day of ~~ , 200~.~ '- /Notary Public ! I ...... NOT~ S~ / · ' Cqmplete items 1, 2, and 3. Also complete item 4 if RestrfctedDelivery is desired. .,.---'~ · Print your name and address on the reverse s° that we' can return the card to you. · Att~ach this card to the back of the mailpiece, or on the fro~t if space permits, ii 1. Article Addressed to: A. Received 13y (PleaSe Print Clearly) 9. Date of Delivery C. signature ~ .~_7~ Agent X, Addressee Di Is (~elivery ~lr~ss different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type J~Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver? (Extra Fee) ,l~Yes PS Fon 595-00-M-0952 EXHIBIT "A" GEORGE SHUNK and SALLY SHUNK, Plaintiffs VS. GREG SHUNK and BETH SHUNK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL, ACTION - CUSTODY NO. 03-358 AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA : COUNTY OF : SS : Mary A. Etter Dissinger, Esquire, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiff's Custody Complaint in this action to the Defendant, Beth Shunk, at her residence, and that Defendant did receive same as evidenced by the signed receipt dated January 28, 2003 attached hereto as Exhibit "A". Mary A. Etter Dissinger, Esquire Attorney for Plaintiff 400 South State Road Marysville, PA 17053 (717) 957-3474 Sworn to and sub~s~ribed befor, e me this 7TM day of , 200 . t/~- /Notary Pu~li~ LEIGH ANN SNYOER, Not~j~ Pubiic I Ma~j~vil~e B~,:'o, Peru ~nty I! · Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliveq/is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: A. Received by (Please print Clearly) 3. Date of Delivery C. Signature [] Agent [] Addressee D. Is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type l ~',.Certified Mail [] Express Mail [] Reg stered [] Return Receipt for Merchandise [] .Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~j~ Yes 2. Article Number (Copy from service label) PS Form 381 1, July 1999 Domestic Return Receipt 102595-00-M-0952. UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-lO J ° Sender: Please print your name, address, and ZIP+4 in this box ° EXHIBIT "A" GEORGE SHUNK and SALLY SHUNK, Plaintiffs VS GREG SHUNK and BETH SHUNK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 03-358 AFFIDAVIT OF t~AILING COMMONWEALTH OF PENNSYLVANIA SS :: COUNTY OF PERRY Mary A. Etter Dissinger, Esquire, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a t~ue and correct copy of the Plaintiff's Custody Complaint in this action to the Defendant, Greg Shunk, at his residence, and that Defendant did receive same as evidenced by the signed receipt on or before February 10, 2003 attached hereto as Exhibit "A". Mary A. Etter Dissinge , Esquire .Attorney for Plaintiff 400 South State Road Marysville, PA 17053 (717) 957-3474 Sworn to and subscribed befo~r~e me this ~1 h davy of ~ , 200~'> · /Notary Public I LEI..~iANN-~,;DER, Notary ~ I · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Copy from service label) PS Form 3811, July 1999 B. Date of Delivery [] Agent [] Addressee different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type . [~Z_Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [;]~.Yes Domestic Return Receipt 102595-00-M-0952 EXHIBIT "A" GEORGE SHUNK and SALLY SHUNK, Plaintiffs vs. GREG SHUNK and BETH SHUNK, Defendants IN THE COURT OF CO~IMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 03-358 AFFIDAVIT OF MAILIN~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF PERRY SS :: Mary A. Etter Dissinger, Esquire, attorney for Plaintiff, bein¢ duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of th~ Custody Order scheduling a Custody Conciliation Conference in thi action to the Defendant, Beth Shunk, at her residence, and that Defendant did receive same as evidenced by the signed receipt on February 13, 2003 attached hereto as Exhibit "A". Mary A. Etter Dissinger, Esquire Attorney for Plaintiff 400 South State Road Marysville, PA 17053 (717) 957-3474 Sworn to and subs~ibed before me this J~ day of 2003 Public ...... NOTARtAL SEN. LI:3~H AN~ S~YDER, F~ot~ry Pubtic · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece,' or on the front if space permits. 1. Article Addressed to: A. J~eceived by_(~lease Pdnt Clearly) B. Date of Delivery C. Signature ~, ~ [] Agent ~~ '~ddressee D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: 3. Service Type Certified Mail Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service ~abel) PS Form 3811, July 1999 Domestic Return Receipt UNITED STATES POSTAL SERVICE II ~,Yes 102595-00-M-0952 ( First-Class Mail Postage & Fees Paid USPS Permit No. G-10 ° Sender: Please print your name, address, and ZIP+4 in this box ° ~':" ';"' h"t'fh"ith"'hh"'lt'"'tHI, t,lfl,,,lh,,!l,,,I ' ' EXHIBIT "A" ~ GEORGE SHUNK and SALLY SHUNK Vo GREG SHUNK and BETH SHUNK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 03-358 2. 3. 4. ANSWER TO COMPLAINT Admitted. Admitted. Admitted. Admitted that Beth Shunk has resided at 57 South High Street, Newville, Pennsylvania, with the child and with Mitchell S. Baker. 5. Admitted. 6. Beth Shunk does not know the address of Greg Shunk, but admits that he is the biological father of Alicia Marie Shunk, born October 18, 1993. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied that plaintiffs have a right to visitation as they have never had contact with the child nor has their son, the father of the child had any contact. Mother of the child is concerned that such contact is not in the best interests of the child. 13. Denied that it is in the best interests of the child to have a relationship with plaintiffs. She has a relationship with Mitchell Baker who has been her father figure since 1994. He supports her and carries medical insurance :for her, and the child has an emotional relationship with him and his parents. WHEREFORE, it is requested that plaintiffs be denied rights to visitation to Alicia Marie Shunk. Dated: Febmar~/,~003 '~ ~ t"~lirances H. Del Duca, Esquire 0 6 2 6 9 10 West High St. Carlisle, PA 17013 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 10 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: \ - / ct -03 GEORGE SHUNK and SALLY SHUNK, GREG SHUNK and BETH SHUNK, Plaintiffs · Defendants MAR 1 2 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-358 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of March, 2003, upon consideration of the attached Custody Conciliation Summa~ Report, it appearing that the parties are in need of a hearing, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number / of the Cumberland County Co~urthouse, on the ~ day of ~ , 200,.~ , at ~,'.~ o'clock /'I',M., at which time testimony will be t~ken. For the purposes of the hearing, the Paternal Grandparents, George Shunk and Sally Shunk, shall be deemed to be the moving parties and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Dist: Jo Mary A. Etter Dissinger, Esquire, 400 S. State Road, Marysville, PA 17053 Frances H. Del Duca, Esquire, 10 W. High Street, Carlisle, PA 17013 Greg Shunk, PO Box 5, Neelyton, PA 17239 ~ 3_/q-oz ¥1NV,/A't~SNN:,d GEORGE SHUNK and SALLY SHUNK, Vo GREG SHUNK and BETH SHUNK, Plaintiffs Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-358 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 Alicia Marie Shunk October 18, 1993 Mother 2. A Custody Conciliation Conference was held on March 4, 2003 following the Paternal Grandparent's Complaint for Custody filed on January 3, 2003. Although titled as a Complaint for Custody, the prayer for relief indicates that Plaintiffs are seeking visitation of their granddaughter. Present for the conference were the Paternal Grandparents, George Shunk and Sally Shunk, and their counsel, Mary A. Etter Dissinger, Esquire; the Mother, Beth Shunk, and her counsel, Frances H. Del Duca, Esquire. The Father, Greg Shunk, did not attend. 3. The Paternal Grandparents' position is that they would like to be involved with the minor child, as they are with their other grandchildren. They report that they did not know that this child was their grandchild until approximately four (4) years ago because they had been told by the Defendant Mother that their son was not the father of this child. Mother applied for support and a paternity test established the Defendant Greg Shunk as the father of the child approximately three (3) years ago. Approximately two (2) years ago, the Paternal Grandparents attempted to establish contact with the child by calling her residence. A male answered and told them that they were not permitted to visit. The Paternal Grandparents have had no contact with the child whatsoever. At the Conciliation Conference, the Paternal Grandmother offered to meet the child at the Mother's home in her presence, or at another mutually agreeable neutral location. NO. 03-358 CIVIL TERM 4. Mother's position on custody is as follows: Mother is adamantly opposed to any contact whatsoever with the Paternal Grandparents. She was apparently quite upset that the Paternal Grandparents did not come to the hospital when the child was born. She reports that she does not believe that it is in the child's best interest to have any contact with the Paternal Grandparents. She presently has a relationship with a gentleman by the name of Mitcell Baker who is acting as the child's father figure. Mother reports that he has indicated an interest in adopting the child. However, she claims that the biological father has not cooperated in this venture. Mr. Baker has apparently been part of the child's life since approximately 1994 or 1995 and is the father of the subject child's four year old stepsister. 5. Father did not attend the conference. Counsel for the Paternal Grandparents reports that a proof of service was filed with the Prothonotary on February 10, 2003 indicating that Father had received a copy of the Order scheduling the Conciliation Conference and the Custody Complaint. 6. Inasmuch as the parties were not able to reach an agreement, a hearing will be necessary. Melissa Peel Greevy, Esquire Custody Conciliator :210691 GEORGE SHUNK and SALLY SHUNK, Plaintiffs vs. GREG SHUNK and BETH SHUNK, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 03-358 To the Prothonotary: Please withdraw the custody complaint. Respectfully Submitted, DISSINGERAND DISSINGER Mary A. Etter Dissinger Attorney for Plaintiffs Supreme Court ID #27736 400 South State Road Marysville, PA 17053 (7~[7) 957-3474 cc: Frances H. Del Duca, Esquire Mr. and Mrs. George Shunk GEORGE SHUNK and SALLY SHUNK, Plaintiffs Vo GREG SHUNK and BETH SHUNK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-0358 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of April, 2003, upon consideration of the attached letter from Mary A. Etter Dissinger, Esq., attorney for Plaintiffs, the hearing previously scheduled for June 5, 2003, is cancelled. ~I~ A. Etter Dissinger, Esq. 28 N. 32nd Street Camp Hill, PA 17011 Attorney for Plaintiffs t~ll0ances H. Del Duca, Esq. West High Street Carlisle, PA 17013 Attorney for Defendant Beth Shunk ~p.reg Shunk O. Box 5 Neelyton, PA 17239 Defendant, Pro Se BY THE COURT, :rc Camp Hill Offices: 717.975.2840/voice · 717.975.3924/fax Marysville Offices: 717.957.3474/voice · 717.957.2316/fax April 16, 2003 The Honorable Judge Oler Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: No. Shunk v. Shunk 03-358 Custody Dear Judge Oler: Enclosed, find a copy of a Praecipe filed with the Prothonotary seeking to withdraw the custody complaint. For your information, our Complaint was filed and, an Answer was filed by the defendant's counsel, Frances H. Del Duca, and we proceeded to a custody conference. Thereafter, my clients determined they do not wish to pursue this matter because of their concern that the child would become frustrated by the proceedings. My clients do not wish to drive a wedge between .the child and the mother, and we believe that is what would happen if this proceeded to a hearing. It is more important to my clients that the child have a good relationship with her mother than to jeopardize that mother/child relationship in order to obtain visitation with their grandchild. I have been instructed by the conciliator through Mrs. Del Duca to file a Praecipe to withdraw the complaint, however, it seems to me that I cannot do so since an answer has been filed. Nonetheless, I have followed instructions and I am sending you a copy of the Praecipe and this letter to indicate that Mrs. Del Duca has no objection to the withdrawal of the Complaint and the cancellation of the hearing that is scheduled before you on June Attorneys at Law 28 North Thirty-Second Street · Camp Hill, PA 17011 400 South State Road · Marysville, PA 17053 5, 2003, at 9:30 AM. If you require any additional filings or pleadings form either me or Mrs. Del Duca, would you kindly let me know. Please cancel the hearing. Thank you. Very truly yours, Mary A. Etter Dissinger Attorney at Law MAED:las cc: Mr. and Mrs. George Shunk Frances H. Del Duca, Esquire File 2-03-105