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Home My WebLink About98-07305 !~ : .Q i -- :-C (f) i:fl , tV i .<+ f j ij) ~ .JSl J LO ~. L .' " -, , '-;1 \. ;' I. '" . ~~.~ ~ - . ~.;. ;'" " .;. ',' -"; , LAW OFFICES OF JACOBSEN & MILKES 52 EAST HIGH STREET CA!U-ISLE;I1A 11013-3085 (111) 249-6421 DEe 3 0 1998'). . ~"" ';L<',:, ~. i, ~-' ',.'.' <,to .;'<, -,', _'-,WI'''' \..' '...... i.. ~~':, ,c.e ;...... ....l._ \ \ ( I i ~ \ .,. '. ", ~ ,', . '.', ':'.: - 'J~-'.-'- ~ -:. .:.~."" :";;."~ '.' ,~ .,' ,;'0", :,." I .. ,~)" ~ ';". . ....,~ >, :...- ":'';- CLARENCE p, SHIPE, SR. PlaintilT IN TI.IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , ',', ;} ",r-: .,: ", -,', ';" ':"""'..' ":o".-;"~r,.'.l, '..:.;....,.' ,_.n:" "'~~<.' '. ',' '_<\<,' .'" . " .....". . '" v. NO. 98 - 7?JJ5 CIVIL CIVIL ACTION DIVORCE NANCY 1. SHIPE Defendant ORDER OF COURT AND NOW, this day of . IT'" Y", ( '. i , 1999 upon consideration of the I , ,:, attached Petition, it is hereby directed that the parties and their respective counsel appear before \..'0"'",:< ',.\\,"(\-'1 b, the Conciliator, at)Cf W,>'\C\"\_>1-') I ' \-\CC\',I\--,'(''',''\ '-') , C'/\ ,on the Ie) ,day of \("11" },C--'<, , 1999, at.l o'clock (), .m" for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or it 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 or the court may issue a warrant for your arrest. FOR THE COURT, . . 1\ \ . '. ,- \ ,.. \. ". " \ ",. .,~', .., . I \ ,I',." I ' BY:.-, ,.,1.:1.'."..01-'<.\(.(1) I\J" Custody Conciliator :;-t,\' \ " YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT O~CE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OeT WHERE YOU CA.l\/" GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATIO~ 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-2-19-3166 ~~ . "~.....~.. . . /)-;',/' /,;-{/~:c /N<',g]~ ;to ,"'..;# (1?'-<;:<'/o"'J"- //.. 1 j~/ ,;:/ - I)' 1/'/ /( /c.;:/ /-:~-/ ."":',A"/ , iC'U,.'(, /~'{,./~'C/' :C. 1:(1/-.;:r J- )1/':',(" .) -// <, / /' / (?;} /Jrc/,/{/ ;f. '/ff! ~~J.<I;). 'bl:dIb, ." ~"~,...,,,~ ..."- , /.' A, " ..".:.~, - ~.,', / 'r'", " '. .'. -'<i':"l '-.' '. , \';l \. . ~,' ~ '" '~'J~' ~ 'I > ~:~, _. _ , i",:', LAW OFF!CBS OF JACOBSEN &: l\fILKES . $2 EAST HIGH STREET Ct>F; ISLE, l!A 17013-3085 (717)"249-6427 . . ';:,1, '':.,. i; { "'1 ".-. .'. :~'~~.':0}' . Of:C30/9~~)t;~! "~"""~~:':',,"'V;..-,; ",:; <.- --.) - .' '":;,,'. "'c':,":"'" ";',"'; - ___n._ "_ ..__._.______ ,~" ' ".-", , , .' \ \ . , r ( . I' I,. > -".' I '". \ , , . ,,- -- ~~ .' . . 6. Plaintiff, the father of the children, is married to the Defendant, the mother of the children. They have been separated since in or about 1995. 7. The parties have participated in other litigation concerning the custody of the Court of Common Pleas of Dauphin County, PA. Shipe v, Shipe, No. 4682 S 1997, By Order of Court entered in that matter dated December 5, 1997, upon agreement of the parties, the parties were awarded shared legal custody of the their three minor daughters. Mother was granted physical primary custody. At the time of the litigation, plaintiff was facing major surgery which was expected to incapacitate him for 4 to 6 months, Defendant was granted primary physical custody, subject to partial custody to plaintiff. A copy of the Order of Court is attached !lCreto and made a part hereof as Exhibit A. 8, In or about early 1995, the family became involved with the Dauphin County Office of Social Services for Children and Youth due to extreme conflict between defendant and the children. The family worked with Protective Services Caseworker, Tamela 1. Bieber of that agency. 9. III accordance with a family service plan developed by that agency and the family, Gina ane! April Shipe were taken from their mother's physical custody and placed with their father, Clarence Shipe in June] 9!JS. See attached statements and Family Service Plan Review attached hereto and made a part hereof as Exhibit B. "." ,.,.....: .'.'.' .:", ....:'".':"<.'~ ",--,', :,'" ',', :.<,.,. .:. .-. ,....., 10. Due to the transfer of Gina and April to the physical custody of their father, out of Dauphin County, Dauphin County Gfl'ice of Social Services for Children and Youth dosed its case on the family and no longer considers it an active case upon which it can take any current action. 11. Since June 1998, Gina and April have continuollsly resided with their father. They have been enrolled in the Carlisle Area School District and have been doing well, Based on their representations to him and to others, including school personnel, plaintiff believes and avers that the girls wish to remain in his physical custody, 12. On or about December 24, 1998, April went to her mother for a Christmas visit. When father attempted to retrieve his daughter on December 26, 1998, he was advised that defendant would not allow April to return home and was insisting that April remain in her physical custody, Defendant threatened plaintiff that she would seek the assistance of police authorities to enforce the court order as to ApriI and as to Gina and keep her daughters in her physical custody. 13. Gina has continued to remain in her father's custody. She does not wish to return to her mother's custody and wishes to return to Carlisle High School. 14, Plaintiff fears that the 1997 court order will be enforced \\;thout prior hearing to alter the current statlls quo to the detriment of his daughters, 15. Plaintiff doe8 not kllow of a per80n not. u p~rty to the proceedings who has physical custody of t.he children or c~aillls to have cllstody or visitation right.s .~ ,.~ .~ 11. Plaintiff seeks special temporary relief confirming the present custodial arrangement which hus been in effect for the last seven months so that the girls will not be forced to chunge schools pending review of the current circumstances, WHEREFORE, plaintiff requests the Court to issue an Order: a) after hearing, granting the parties shared legal custody of their daughters, Gina and April Shipe and awarding primary physical custody of the birls to plaintiff pending a full determination of plaintiffs complaint for custody; and b) granting such further relief as this Court may deem propel' and just. Respectfully submitted, .J ~ \.j~:' /. BY: Andre' -G. Jacobsen, Esq, JACOBSEN & MILKES 52 East High Street Carlisle, P A 17013 (717) 249-6427 Attorney No. 20952 ------ -;:---",,-,' .,: ,':~.-:~'..."":," '~'",' "',:',.'-./~...'.;,:""'~., -, ',',',. '. .:. ' ..' . I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein ttre made subject to the penalties of 18 Pa.C.S, Section 4904, relating to unsworn falsification to authorities. ("'-P~/(,( .-'-..)-~ Sz. CLARENCE SHIPE, SR. .. ~, " " -~. l, - :,:.. .'.' '} "'. ,., , " ' . ~. " , '. . ',' , + . ....0 ~ ;..,' ", - '. . . . , 4. Commencing in 1998, Father shall be entitled to Thanksgiving visitation from 6:00 p.m. Thanksgiving Day until 6:00 p.m. the following day. Likewise, he shall be entitled to 6: 00 p.m. on Christmas Day until 6:00 p.rn, the following day. 5. The aforegoing visitation ~s conditional upon Father providing all proper essentials for the children, including proper sleeping facilities, and nutritional food. 6, During any period of custody or visitation the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. the parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 7. Father shall provide Mother with the address and telephone number where he will be exercising his periods of partial custody, and Mother shall not contact him unless there is a medical emergency. BY THE COURT: r51~cN K {J;~ \~4 19 qi ~ il()!'::;b:-. ('?r':;y~h,,; :h~ foregoing ic i!l \r~" "7 ! v.: c>;" .~,:;: c~':'f=,J ot trre ur.gtn5J 1I1~';.[:.:_~..1 [\ ..oS.r~-,~. ...~ ' ,. "!.J~ ""01hb'OC'd;j - ..--. I_..'''-'.'-'~ "':"'Jlr~'..w1iI!:.~... ~~4.__~.::..-=~..' ",. L , . .';',' ,', " ~ 1 " "'.:'.\,':., >'\ :'. . '. OFFICE OF . J&acia:l ~erui.ces f.ar (ll~illir.en mt.a l{aullr Commissioners Sally S. Klein, Chairman Russell L. Sheaffer Anthony M, Petrucci Jo~ph P. Doul:her. ~1.s.S. W. Social Suvias Sandra K.I'lntarch FiscalOptratiufls James E, Hinkle, M.P.A. Admillislraror ~5 South Front Slreet Hamsburg. Pennsylv::mia 17101-1025 Tc:h:phone: (717) 255.:'~70 F:l.x: (17) :!57.15H4 ;!3<:lllplTin (CLlunt~ June 22, 1998 To Whom It May Concern: Our Agency is aware that on June. 22, 1998, Gina Shipe (5S# 200-64-3275, DOB 2-28-83) was placed in the care of her father Clarence Shipe. Sincerely, '-"", "" ~ .. '... ~ ~) \....:_..:.:......... .... ~ ,~ , I' J _~. ~_~~i..:~._ \, Tamela I, Bieber Protective Services Caseworker TIB:ps ~ ...r-r .-'~ "'HI .......-'1.'.:.;'''';".'..''''.'''' ." . ' ,', ' , . ~ . " '., '..' : . .1, ,~ '" "'. .' r.. J,,~:' ~,-':, r"', .' ' " '. ' , T.,",'.' - OfFlCEQF ~n.ciul j5ier&ir.es far OIqilar.en una iautq Commissioners Sally S. Klein, Chainnan Russell L. Sheaffer Anthony M. Pell1lcci .:-::;-:; ,...,- ~'7".~ ~:~~~.;'~~~~~15~~"._ :~.... ~ ~~. v t ., .......\:.::.-, ',- ,-:--.-..J-L.'--'---~ --- ~l1upllin O::nunt~ Jostph P. DO:Jgher. M.5.S.W. Social Savirts Sandra K. Plntllrch FiscalOpuations James E. Hinkle, M.P,A. Administrator 25 South Front Street Ha.msburg, Pc:nnsy!vanit17IOI.202S Telephone: (717) 25S.2B70 Fax: l7t7) 257.158* June 8, 1998 To Whom It May Concern: Our Agency is aware that on 6-5-98 April Shipe (SS# 179-66-2055, DOB 4-27-85) was placed in the care of her father Clarence Shipe, Sincerely, , ~1. I,), r.'........;-:." . '-' - . I I). I' - - . ..J-, -"~ ......J:' Tamela I. Bieber Protective Services Caseworker TB:tb:ss (\\ \. I \ t'" ~. .\ "'~_n..__ ;~":6I:fi-'-""" ,,' ,"". :,' . :. ...',.:.. ,:':.. '. .~:'." I~.: " '.-, ,'l'~~' ~ "",'" .:-:"'-.,~,~. ,'. , ." '. , , . -.Jj ~ -0 ( 0=:. ..3 q r'1 8 - \ r ('- "',~ ~: ) U :r ....: I 0 11 '+j t;: l{) .J r , ") Cl_ '. -, ~ u T ! (~ ) (. . . ". , . . ., I. " -""'.,,."-',," --' -" ..... ,," , ':'\\,1" X-"I," ."".,' ':'.::,:);::').;,--~. '".~_ Q~:i~S:~;,:'LL:L." .... " " .~:"-I:;-~"-:~:~~.~:;'_:':~L~2.:': :j': '~; :.\:'.~:' .','.... JjE\i~;~: . . ".'. '.', ""';'.'," ,:': . LAW OFFlCBS OF . JACOBSEN &MILKES 52 EAST HlOH STREET. , CARLlSLB.PA 11Ol3.3085 . (717) 249-6427. --...-- CLARENCE P. SHIPE, SR. Plaintif~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 98.7305 - CIVIL NANCY 1. SHIPE Defendant. : CIVIL ACTION : CUSTODY CERTIFICATE OF SERVIC"~ !, Angela g, Garland, hereby certify that a true and correct copy of an Order of Court and Peti',ion for Special Relief in the above captioned matter was duly served upon the Defendant, Nancy 1. Shipe, by depositing it in the D.S, Mail, Certified Mail, Restricted De'.ivery, Return Receipt Requested, on December 31, 1998, addressed as follows: Nmlcy 1. Shipe 907 CumbIeI' Street Steelton, PA 17113 ! hereby verify that the statements made in the foregoing are true and correct. I ullderstr.nc. ::lat false statements herein are made subject to the penalties of 18 Pe.C.S. Section <1904, relating to unsworn falsification to authorities, DATE: ;' i. . ( , ; /.~ , , , .-.' ..' ,,/. (I , (/'" ( I C, 1/ i" t ,/.' ,J ~ A~GELA S. GARLAND " ./. . /./ [". I. I If') 'I, . ____/ 'L'/, " ,I ; / " '. . ,", '.' , ~-::::-~~~_.,. ':, '1. :...._,'_, :":_'_,.,'~'_ "". '. ,': ,~ ...: , J<<.1i;~~\~.t~\1(1;'::'}~,.t;~~~{'~:;~:: ",'''''''''' :" ....if , I j '- - - . ...,r-I .j , '," .' , ' '. ,'.' . . . , .,' . '. . CLARENCE p, SHIPE, SR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, NANCY I. SHIPE, DEFENDANT 98-7305 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of December, 1998, upon consideration of the within petition for special relief, IT IS ORDERED that pending an order following a conciliation conference or a request for an emergency hearing by Nancy I. Shipe, the agreement of the parties and the family service plan developed by the Dauphin County Office of Social Services for Children and Youth shall remain in effect. " By ~he Court,' f '~I/ , Edgar s.yayley, J, Andrea C. Jacobsen, Esquire ,"d'''''' For Plaintiff "".,-",'1 ,,\,.\'w Nancy I. Shipe - (\\(~~ d i~ct:,,-.: ILl ~<\1:; 907 Cumbler Street Steelton, PA 17113 :saa . r ' ,! ". ~ , ,~, ,., .' ~ ;,: .... ..' I' . . ..,. '., ^ .' ~" . - . - . " . ", . . . ,.. . " '. LA'JI OPFIc;JlS OP . JACOBSEN & MILKES !.i% IlASr HrOHSTRIlET CAtlLrSLIl, PA 17013-3085 . (717) 249-6427 "",.""....,,---,- .' ',': "'>"'. '.r,~"'~<;\';;:;~/,:.;'::~i~~:,~X:~!i'~tt~{f::~~J nr-C lII' " ,.,' '." 14;' '" 0 ."" . -;- ..::_' f~,;J " t', ,,' ,::,;,:(;,:.::~ CLARENC~; P. S~IPE, SR Plaintiff IN TIm COURT OF COMMON 3~LEAS m' CUMl3I~RLAND COUNTY, PENNSYLVANIA v, ':oS NO. 98-1. - CIVIL KANCY 1. SHIPE De'.'endant : CIVIL ACTION : DIVORCE )lULI~ TO SHOW CAUSE IN RE: PLAINTIFF'S PETITION ;~OR SPECIAL R1~LIEF AND AND NOW, this day of , 19~18, upon presentation and consideration of plaintiff's Pet.ition for Special Relief, the following is hereby Ordered and Decreed: A Rule is issued upon defendant to show cause why the relief sought should not be granted. A hearing is set on the said Rule To Show Cause for the _ day of _, 1999, at _ o'clock _.Ill. in Court Room No. _ of the Cumberland County Courthouse, Carlisle, Pennsylvania. Pending hearing and further Order of Court, the prior actual custodial arrangement shall be maintained and the children Gina and April Shipe shall remain in the physical custody of their father, Clw'ence P. Shipe. BY TIlE COURT: . .J. .' . ~-.I'lf~_,,;J;,.r.,'i1;':ij::.'l;R''''--'''' _" ';~""_,:./,-;(');;':I:~ . _', . . " ' ) . " ' '.' ~ I' . . . . ' _. : ' . -._ . '. ,', ,- . \.., .. - '..' - , ... CLARENCE p, SHIPE, SR. Plaintiff IN THE COURT OF COMMON PLEAS Ol? CUMBERLAND COUNTY, Pl~NNSYLVANIA v. NO. 98.r1:D'?CIVIL NANCY 1. SHIPE Defendant : CIVIL ACTION : CUSTODY PETITION FOR SPECIAL RI~LIK[i' 1. Plaintiff is Clarence p, Shipe Sr" who currently resides at 248 Franklin Street, Apt. 2, Carlisle, County of Cumberland, Pennsylvania, 17013, 2, Defendant is Nancy 1. Shipe, who currently resides at 907 CumbIeI' Street, Steelton, County of Dauphin, Pennsylvania, 17113. 3. Plaintiff has filed a petition this date seeking shared legal custody and primary physical custody of his two daughters, GINA SHIPE, born February 28, 1983, and APRIL SHIPE, born April 27, 1985. 4. As set forth in plaintiff's Complaint, the children have been residing with plaintiff in Cumberland County since June 1998, pursuant to agreement of the parties and a family service plan developed between the family and the Dauphin County Office of Social Services for Children and Youth with the assistance of Tamela 1. Bieber, a Protecti\'e Services Caseworker assigned to the case. 5. Prior to June 1998, the children had been residing with their mother under an order of December 5, 1997, entered upon ag-reement of the parties in Shipe v. Shipe, No, 4682 S 1997, Court of Common Pleas of Dauphin County, PA. .. ,.,,,,~~.._,,--~ - .i..~ '. ," - .' '. > - . , , '.. ~ ,.' - . .: ~.,:, , ". ' ." I "," :: , ' -." .,', ' , . _, ~ ' .'. . At the time of the litigation, plaintiff was facing major surgery which was expected to incapacitate him for 4 to 6 months, Defendant was !,'Tanted primary physical custody, subject to partial custody to plaintiff, and the parties were awarded shared legal custody. A copy of the Order of Court is attached as Exhibit A to the Complaint filed in this matter. 6, Since June 1998, Gina and April ha\", continuously resided with their father, They have been enrolled in the Carlisle Area School District and have been doing well. Based on their representations to him and to others, including school personnel, plaintiff believes and avers that the girls wish to remain in his physical custody, 7. Relying on the agreement of the parties, and the family service plan, plaintiff did not seek a modification of the existing order to reflect the changed circumstances, S, On or about December 24, 1998, April went to her mother for a Christmas visit, When father attempted to retrieve his daughter on December 26, 1995, he was advised that defendant would not allow April to return home and was insisting that April remain in her physical custody. Defendant threatened plaintiff that she would seek the assistance of police authorities to enforce the court order as to April and as to Gina and keep her daughters in her physical custody, 9, Gina remains in her father's custodv. She does not wish to return to . . . . '. ' 'I I , . ,',", I." . . d"" , " . " , , .' , her mother's custody and wishes to remain at Carlisle High School. 10. P!aintifT fem's that the 1997 court order will be enforced without prior hearing to alter the current status quo tc the detriment of his daughters, 11. Pluintiff seeks special temporw'y relief confirming' the pl'esent custodia! arrungement which has been in effect 1'01' the last seven months so that the girls will not be forced to change schools pending review of the current circumstances, WHEREFORE, plaintiff requests the Court to issue an Order: a) setting a hearing on this petition for speda! relief; b) pending such hearing, !Uld further order of Court, confirming the present custodial arranrrement' b , c) after hearing, gr!Ulting the parties shared legal custody of their daughters, Gina and April Shipe and aw!U'ding primary physical custody of the girls to plaintiff pending a full determination of plaintiffs complaint for custody; and d) granting such further relief as this Court may deem proper and just. Respectf\lll~s~ iJ.nJ-li t ted, o \.. ) .' ',-- .(,,-9~.,, ) ~'---_. BY: And1-ea 9-JacobseI~, Esq, JACOBSEN-"& MILKES 52 East High Street C!U'lisle, PA 17013 (717) 249-6127 Attorne~' No. 20952 . --., ," ,I '. I . :', . \' ",., . :".' ',',' '",...,' '.. ',' ,_ " ..' ".", I hereby verify that the statements made ill the foregoing are true and correct, ! understand that false statements l~eL'cill are made subject to the penalties of 18 Pa.C.S, Section 1904, relating to unsworn f: <ification to authorit.ies, /' . C"~ CLARENC~~ SHIPE, ,'..' -'"," . '. "" ,~ .;,'" ",~' ~ ; \' -.:_....ll.~_~_~".. ._-.:..:....\,._..:~,,~___...:. -, - _'____ ;,~~;~f;:1;i~~~:i,t(}\:':>Y~;:i:':;,';:::':' i',. , ~%;;lIf.fJL~1:~g1l\:~D.~:C:~~~~~!~~~~,=5,:',;,:~t: rl.~;fD:7' .. . r~~~;~f~i};):::;'~::.~~1 ~1",::;.' ' LAwpmCBS OP JACOllSEN &MILKES .,' 52 BAST HIOH.STRBBT . CARL1SLIl, PA 17013.3085 (717) 249.6427 ..". CLARENCE p, SHIPE, SR. Plaintiff IN TI'!E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 98-7305 - CIVIL NANCY 1. SHIPE Defendant : CIVIL ACTION : CUSTODY CERTIFICATE OF SERVICE I, Ginny Massey, hereby certify that a true and correct copy of an Order of Court and Custody Complaint, in the above captioned matter was duly served upon the Defendant, Nancy 1. Shipe, by depositing it in the U,S. Mail, Certified Mail, Restricted Delivery, Return Receipt Requested, on January 26, 1999, addressed as follows: Nancy 1. Shipe 907 Cumblerland Street Steelton, PA 17113 I hereby verify that the statements made in the foregoing are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904, relating to unsworn falsification to authorities, DATE: ./;,,' /1" I, / tv; /, .; / (. \)1 r"'>')} ) . ".,,( .' _ ;..... I I ,f. L.{ \ GINNY MASSEY /- ';:'~-n......T"-~_' -~---~. .', ,-~.:..,.' :--;-- ~,~-'--''':,.'. '. "", ,. '. ..,1:," '-''''. ,..' ,,~::.,\_,\, r, i, ~..., .,~." -,~J' ~" !, ~v..0':' -r r~ . (: l" ll'" c): \:, '.., ....,.. ...,.. "r' ~....".- ~'.~ . , ,.' .' . , ~.' j " , ,., ),:.". , '~ .,( '. ' . ~, - ~ ~. ......~,.!;;;;~ -;_::..;-- CLARENCE P. SHIPE, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'Is. NO. 98-7305 CIVIL TEffi1 CIVIL ACTION - LAW NANCY I. SHIPE, Defendant : IN CUSmDY ORDER OF COURT AND tnoI, this ~'.. considet"ation of the attached and dit"ected as follows: day of )'; i ~/, , 1999, upon Custody Conciliation Repot"t, it is ot"det"ed 1, The pdot" Ot"det" of Cout"t entet"ed by the Dauphin County Cout"t of Common Pleas on Decembet" 5, 1997 is het"eby modified only with t"espect to the Childt"en, Gina Shipe, bom February 28, 1983, and Apdl Shipe, bom Apdl 27, 1985, to the extent the pdot" Or'det" is inconsistent with the pt"ovisions of this Or'det". 2. The pdot" Or'det" of this Cout"t dated Decembet" 30, 1998 is vacated and t"eplaced with this Or'det". 3. The parties shall submit themselves and theit" Childt"en, Gina Shipe and Apt"il Shipe to a cout"se of counseling at the Stevens Centet" in Cadisle ot" othet" pt"ofessional selected by agt"eement of the pat"ties and counsel. 'l'I1e pUl:"pose of the counseling shall be to identify and t"esolve conflicts which have adsen in the t"elationship between the Mothet" and the Childt"en and also to improve communications between the pat"ties. 4. Pending the outcome of the counseling on a tempor.ary basis, Gina Shipe and Apdl Shipe shall continue to t"eside 'Nith the Fathet" and the Mothet" shall have custody of the Childt"en on altemating weekends ft"Dm Fdday at 6:00 p.m. tht"ough Sunday at 6:00 p.m. The pat"ties agt"ee to stt"ongly encout"age Gina to follow the custody schedule and agt"ee to make every attempt possible to t"each the goal of having both Childt"en pat"ticipate in the custody schedule on an altemating weekend basis. Howevct", the parties agt"ee not to fOt"ce Gina to spend the entire scheduled weekends with the Mothet". 5. that the Febt"uary Childt"en schedule The p3t"ties agt"ee to modify the altemating weekend schedule so Mother shall have custody of the Childt"en on the weekend ft"Offi 26 through 28/ 1999 and the Fathet" shall have custody of the on Mat"ch 5 tht"ough 7, 1999. Othet"Wise, the a.ltemating weekend shall not be affected by this pt"ovision. -, ..' ,.::,~~--:......."- " .,',.... ',' '.~ ';.' ,1: " -'", '-;:',~~"';'_' ,_ ..; . '.~ ,"~ "', . ,,' ,'. ,: ",: '. e.~_.'il"-" 6. The parties and their counsel shall attend an additional Custody Conciliation Conference at the office of the Conciliator, Dawn S. Sunday, Esquire, on May 26, 1999 at 9:00 a.m. for the purpose of reviewing the custody situation and attempting to establish long-term custody arrangements. BY THE COURT, ..,-' //, ..; ,'/';'" Edgar B. Bayley, cc: Andrea C. Jacobsen, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother m..~""'_-_r1i~~i~:~'~ "-',' .- J. (:,-1>"':... ,.",,,,L,J...;J.. It1/ q't . u .~ _.j.O . - ; ..... -~~~, .-ti-,.. -4O J. . .' . : '. " .,..: , ~ : .' \' . ,- '.~" " ' " ,.-1" . ' ,. ~, .:'."". I,. :;-"' ,.' " :'." .:',: ',' ,. . ,'" . CLARENCE P. SHIPE, SR. / Plaintiff IN 'mE COUH'l' Ol' COMMON PLEAS OF CUMBERLAND COUN1Y., PENNSYLVANIA vs. NO. 98-7305 CIVIL TERM NANCY 1. SHIPE, Defendant : CIVIL ACTION - LAW CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSIDDY COOCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND (X)(]N'lY Rill,E OF CIVIL pROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the follolling report: 1. The pertinent information concerning the Children IIho are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRl'NI'LY IN CUSTODY OF Gina Shipe April Shipe February 28, 1983 April 27, 1985 Father Father 2. A Conciliation Conference was held on February 10, 1999, with the following individuals in attendance: The Father, Clarence P. Shipe, Sr., '..Jith his counsel, Andrea C. Jacobsen, Esquire, and the Mother, Nancy I. Shipe, with her counsel, Joan Carey/ Esquire. 3. The parties agreed to entry of an Order in the form as attached. '-::f"/'lll.lU :,(.1 Date J /1/'i1'l , {~;,,^1---:JL dc"y Dawn S. Sunday, Esquire Custody Conciliator " t., .. '.. ','.' ".,t.,;' " .').~~".-~~"'-1\;:',""_^,"~'. """"" ',': .'. I .,e" ", .....-.- -- _.~ ~,~ ~.- . .~'" , --. - -' - ._"~- __ _" J ~l~" . ...... "!~il> . .l~~..... ....i....ll, 5"~ .., 2: ' '~!~~8 8.....1. ..~...l~. . '.~ .2' R .... ...'- .....' ... .- . .... ..... '0; +J ,'~ '.'...... Bj.ll, , , 1J.l' 0. .... . ill . . .0.. ! " . 'll :> I ~ ,,",. H B .~~ . il M . 0. H In tJl . H i CoIl. ll\' i W;l~ ~ .1> ~ I L: ~~ (It, 'll. ": ~ . I ~ ~ ./It ~~ -g '. Il ~ Ii Cl ~'ll = il:' . /!tPll)"",lil::(... , . . . . ., .~ " . . .H.b..I.Z ~ . JUN 28 1'1'19\ " CLARENCE P. SHIPE, JR., plaintiff IN THE COURT or' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-7305 CIVIL TERM NANCY I. SHIPE, Defendant IN CUSTODY ORDER OF COURT AND NCkJ, this 25th day of June, 1999, the Conciliator, having received no request by counsel for either party to reschedule the Custody Conciliation Conference originally scheduled for May 26, 1999, hereby relinquishes jurisdiction in this case. FOR THE COURT, (2~. ,/ _tt..-.- Dawn S. Sunday, Esquire Custody Conciliator '-'=""'"""-,-, -~-, -'-.--- . ";.,........~~ ',': . ~..,";;'.':\"','r,:~""":~"~~- :,~ :---',"'''-; "-:', :- "-,1~'-',~.,:~."..~'1'1:~":".~":.'~ .r~.,' "'~-'.,.~~"', : :'-.. ,":'."..,'~~~~-, '. ,:' " --'1lilI"~"'-<"'C' -"- CLARENCE P. SIIIPE. SR.. Plainliff IN TilE Cot JRT OF COrvlMON PLEAS OF CUMBERLAND COUNTY. PENNSYLV ANIA '. . ',' - ,.- ~"',~' -, " : " '.: :. I . " . ~ . .' " .: . . t '., ,- ~' I . .' , . l' ~ " ~ . , ' v, NO. 9X.7305 - CIVIl. TERM NANCY I. SIII!'E. D~f~ndant CUSTODY ORDER OF COURT AND NOW, upon ~onsid~ration ofth~ attach~d p~tition. it is h~r~by dir~ct~d lhalthe parties and their resp~ctive couns~1 app~ar bcfllre Dawn Sunday. th~ ~oneiliator. on th~ 15th day ofSept~mber, 1999. at 9:00 a.m.. for a Pre-I learing Custody Conf~r~nce, At such confer~nce. an effort will be made to r~solve the issucs in dispute; or if this cannot be accomplishcd. 10 dcfine and narrow the issues to b~ heard by the court. and to enter into a temporary order, Failure to appear at the confer~nc~ may provid~ grounds for ~ntry of a t~Il1porary or permanent order. By the Court. CI \ -, '\c'\C\ ?'\ '.\ . Date ,y \ \ \ ' ': \1\~\ 'Y', 7-.l:d\\ \,IOJi~\\r:,b~. . Custody ConCIliator' ), VOlI SHOULD TAKE TillS 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 1 LIBERTY AVENUE CARLISLE. PA 17013 (717) 149.3166 OR (800) 990.9J08 AMERICANS wIn J DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is r~quired by law to comply with th~ Americans with Disabilities Act of 1990. For inll)ollation about accessible lucilitics and reasonable accommodations available to disabled individuals having busin~ss be!l)re the court" please contact our oflic~. All arrangcments must b~ mad,' at least 71 hours prior to any hearing or busincss bcfllJ'e th~ court. You must att~nd the sch~dulcd conli:rcncl' or hearing. : ~., [( )),1/97 - ..()C:'~lr( '}l~i{'lc( '/0 -O<e-rJJ-- f!iff J"CllC:bS,ft.) , ~ 00elu p"":'~(";v((.( (~';c,,--{C-'lS, CC'f,/ -/0 /)7(;"--' S::., :;-,JY , 5~7~ " > . _ ',." ': . ,'; """., -; ~.'.'.', :~'." , " """.' , , ", I" :: 1 , . '~ "" -- '~-.-'. l~ ~." _~..._~~.,"c_~ ,~..,,~._". '-'-'~ ,,. , Carlisle. but the goals of the court ordered counseling have not been me!. and the counseling was discontinued as of August 5. 1<)<)9 without resolving conllicls bctwecn lhe mother and Gina and without improving cOll1munieation between the parties. 6. The conciliation conference which had been sehedulcd for May 26. 1<)<)<). was continucd since thc parties had agrccd that Gina would continue to reside with the I~llher and that April would reside with the mothcr. Negotiations regarding thc proposed custody schedule lor the children broke down with the I~llher not choosing to have contact with April and not allowing and/or encouraging the mother to have contact with Gina. 7. The mother requests that a conciliation conference be rescheduled to establish custody with her daugbter. Gina. and to have an order entcred which rcllects that her daughter April has been returncd to her primary custody. WIlEREFORE. plaintiff requests the Court to issue an Ordcr: a) holding Defendant in contempt and using whatcver means necessary to enforce its order whereby thc mother has custody of her daughter. Gina. h) scheduling a conciliation confcrenee and if the mattcr cannot bc resolved. scheduling a hearing regarding custody, c) granting such further relief as this Court may dee'm proper and just. R<:sjketllllly submitted. ! ii, ' . ~., II / )' .J' ~ '.'--.'i, I"~ '._.,.(l....'.I... ('" ..---.----.---------""".---- ---- , Joan Carey. Attorney ,I-Law LEGAl. SERVICES.'lNC R lnine row Carlisle. PA 1701:1 (717\24:1-')400 Attorney No. 5212~ . _ .' '" .", ,: '. ,I. ~__: . :,' ,','.j < : J',":'~"" L. ' f., .':l.~' " :.:'~ "~:':,', I '~/"'L." ~,-:-,-,"~-," VERIFICATION I, Nancy I. Shipe, verify that I am the Defendant/petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. C. 'J J-:'_ tJr:' Dated: s,',:/'/ (f - ) kMIi!C J c~J "~',(~. Nancy I Shipe, Defndant/Petitioner . ,'.'. . l '. . . '.' , ':, ,.~. ,- '. ~", ~." '. ' " '. ~ " ". I -~. '.' . . ~ " '! . ..' " . .:'. . ::r) (,. " t., ..'., l.'" : ' :- .' :, ~, ' ':' ".'..,.,.:," l~ '-, ,'." '. ... ',:: " :. ~..: " . ~... :-' ,.'"r ~', :..' ,,' , -, : - -" -, -- ~-~.. CLARENCE P. SHIPE, S~., Plaintiff IN THE COURT OF COM~lON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " ~ . " ", . ',.' . _"'.' .... -.1 '.' '",",., ~~',' "', "'~..,;.. ",," ',-~.~,,, ",: '~',' . vs. : NO. 98-7305 CIVIL TERM : CIVIL ACTION - LAW NANCY I. SHIPE, Defendant IN crJSTODY ORDER OF a:xJRT n~ AND NCW, this ~day of --2. ",- conside~ation of the attached Custody Conci' a 'ion Rej;50~t, and di~ected as follows: , 1999, upon it is o~dered 1. The pdor order of this Court dated February 12, 1999 is vacated and replaced with this Order. 2. The pdor Order entered by the Dauphin County Court of Common pleas on December 5, 1997 is hereby modified to the extent it is inconsistent with the p~ovisions of this O~de~. 3. The Mothe~ and Gina shall participate in a cou~se of counseling with a p~ofessional at Inner Wo~ks o~ othe~ p~ofessional selected by ag~eement of the pa~ties and counsel. The pu~pose of the counseling shall be to identify and ~esolve conflicts in the ~elationship between the Mothe~ and Gina. The pa~ties shall coope~ate in taking all necessary steps to initiate the counseling p~ior to the Mothe~ls anticipated surgery in Octobe::- . 4. The Fathe::-, Cla~ence P. Shipe, S~., and the Mothe::-, Nancy I. Shipe, shall have sha~ed legal custody of Gina Shipe, bom February 28, 1983, April Shipe, bo~n Ap::-il 27, 1985, and Kimbe::-ly Shipe, bo::-n Septembe::- I, 1988. Each pa~ent shall have an equal right, to be exe~cised jointly with the othe~ pa~ent, to make all majo~ non-eme~gency decisions affecting the Child~en's gene~al well-being including, but not limited to, all decisions ~ega~ding thei~ health, education and ~eligion. 5. The Mothe~ shall have pdmary physical custody of April and Kimbe~ly, and the Fathe~ shall have p~imary physical custody of Gina. 6. Beginning Septembe~ 23, 1999, the pa~ties shall meet at the Giant sto~e in the Camp Hill ~lall every Thu~sday at 4:30 p.m. so that the Mothe~ may have a pe~iocl of partial custody with Gina until 6:30 p.m. and the Fathe~ may have a period of custody with April and Kimberly until 6:30 p.m. During the Mothe~ls anticipated hospitalization in Octobe~, 1999, the Father shall take Gina to visit he~ ~lother at the hospital on Thursday aftemoons at .1:30 p.m. The Mother shall ooke arrangements fo~ April and - si 1'- (., \~::" C!'C" V.:";\ G,l\ " ~-, \ k.' \.~) \ .v. ..P --- ..- \;', '\~\<~.. 'J~':~~~)( . .....;... y.{\\ .~~<~' ;:) . . ' , \ f -. ,:.' ..., " . " . ,'. ~ . . '.' . .-,' . " " " .-' .~, ,Y .... CO" " \\., C., "", Ve' if' (~" ,"f' ., . "''''',.l,"'''''.,- CLARENCE P. SHIPE, Sr., plaintiff IN TH~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 98-7305 CIVIL TERM NANCY 1. SHIPE, Defendant CIVIL ACTION - LAW : CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODy CONCILIATlOO SUMMARY REPORl' IN AcaJRDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL pROCEDURE 1915.3-8, the undersigned custody conciliator submits the following report: 1. The j?ertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURREN.l'LY IN CUSl'ODY OF Gina Shipe April Shipe Kimberly Shipe February 28, 1983 April 27, 1985 September 1, 1988 Father Mother Mother 2. A Conciliation Conference was held on September 15, 1999, with the following individuals in attendance: The Father, Clarence P. Shipe, Sr., with his counsel, Andrea C. Jacobsen, Esquire, and the Mother, Nancy I. Shipe, with her counsel, Joan Carey, Esqlire. 3. The parties agreed to entry of an Order in the form as attached. S'f n/.< ~,,-.h< /i {Lf, { 'I c; Cj Date ,- l}?<~~>-.l~<'h d.~ Dawn S. Sunday, Esquire CUstody Conciliator . . \ '.' ,I ",' . \ : ':', ~ .' -!:: .", \ ,', ',i, . . _ ,.' . '. ~ " _" ". ..' .' \.' '. . . _ ~ - ,", ",' ',. " . \"'~~'_.~~...p'" .~J-!~:l.;~ . . ~, -