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Home My WebLink About00-07212 - "'~L ,........,-~<0l;~, .. TERRY L. SCHELL, JR. PLAINTIFF V. SHEENA MCCANN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7212 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 20th day of October, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa F. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, FA 17011 on the ~day of November ,2000, at -11.:15 a.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 defme 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: /s/ Melissa P. Greevy. Esq'f1J Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,"~""-' .- ,. - ~ -'~'~..- ' fI11ll!llilil\l_~ , ,~ ~ ',_n__ /,9-;G -00 /t\)3 h? jf}'J3 ,Ct) ~ --~ ':"'l1~=~.= .. " ',- ,- ," .,," .-_ ,,', ,'i ;-'. f"'--- /,..,~:;':"':;"-:;~_,,;.M-' ~". ,~'"'-'-_'A_'._.''''' "-,.,,,," '" > "-"',"'d~, '-.' --,-,; " r::: U D ;"~ T :"::~. -~p ,-, I' " "I '~. ''., ~~'CU,\JTY '"F'I"'"'''L'''''I' l--'c. ~j\;01 'd"'J\~ i\ w-~~'44~ 'Jf~ ;;JV. ~ cj# ~ P'~ 7(, tdf' ~ , " ",,~i~~_:~"'-~'Wl!ffl';~~"""')'~l"'Jtm'P.'..,~~,q;~~ffiNiI~~~ ,;" ~k! TERRYL. SCHELL, JR" Plaintiff : 1HE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, 06 - 7~/~ c~..(~ SHEENA MCCANN, Defendant CIVIL ACTION - AT LAW CUSTODY ORnF.R OF COTTRT AND NOW, this day of ,2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , conciliator, at day of ,2000, at _ o'clock _,m" on the 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 present \ \ at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. FOR THE COURT: BY: Custody Conciliator '" TERRY L. SCHELL, JR., Plaintiff SHEENA MCCANN, Defendant I , , L L, __. .-, [ ;~, : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, : CIVILACTION-ATLAW : CUSTODY ORnER OF C;OTTRT You, Sheena McCann, Defendant in the above-captioned custody action, have been sued in court to obtain custody, partial custody or visitation of the following child: Ethan Robert Schell, DOB: 9/16/99, You are ordered to appear in person at ,on , at _ _,M" for _ a conciliation or mediation conference, _ a pretrial conference, _ a hearing before the C\)urt, If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU 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, Date: LAWYER REFERAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 BY THE COURT: J. "' I jjJi.i- TERRYL. SCHElL, JR, Plaintiff' : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, SHEENA MCCANN, Defendant : CIVIL ACTION - AT LAW : CUSTODY AMERtCANS WITH DISABll.JTIES ACT OF 1990 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, BY THE COURT: Date J. - I l- L.~~j , ' ,'" At<-{ TERRY L. SCHELL, JR" Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, SHEENA MCCANN, Defendant : CIVIL ACTION -ATLAW : CUSTODY COMPLAINT IN CUSTODY AND NOW, the Plaintifl; Terry L. Schell, Jr" by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintifl; Terry L. Schell, Jr., is an adult individual who currently resides at 58 West Main Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania, 17055, 2, The Defendant, Sheena McCann, is an adult individual who currently resides at 4032 Cherokee Avenue, Camp Hill, Cumberland County,. Pennsylvania, 17011, 3, There is one dependant child from this maniage, namely Ethan Robert Schell, DOB: 9/16/99, 4, The Plaintiff seeks primary custody of the following child: Name Present Residence ~ Ethan Robert Schell 4032 Cherokee Ave, Camp Hill, P A 17011 I 5, The child was born out of wedlock, 1-< " 6, The child, Ethan Robert Schell, is presently in the custody of his mother who resides at 4032 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011, 7, During the past five years, the children resided with the following persons and at the following addresses: Name Aclclrp... Dates Teny L. Schell, Jr, and Sheena McCann 48 West Main St., Apt, 4 Camp Hill, P A 17011 9/16/99 - 9/25/99 Sheena McCann, Keith McCann and Lori McCann (maternal grandparents) 4032 Cherokee Ave, Camp Hill, PA 17011 9/25/99 - Present 8, The mother of the child is Sheena McCann, Defendant, currently residing at 4032 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011, 9, The father of the children is Teny L. Schell, Jr" PlaintifJ:: currently residing at 48 West Maint Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania, 17011, 10, Plaintiff and Defendant are not manied, 11, The relationship of the Plaintiff to the child is that of natural father, Plaintiff currently resides with Steve Plunkett, his roommate, 12, The relationship of the Defendant to the child is that of natural mother, To Plaintifl's knowledge, Defendant currently resides with Keith and Lori McCann, Defendant's parents, However, it is not known if Defendant is residing with anyone else, 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, . , < -j,..", -1- '-""";j 14, plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child, 15, The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural father of the child, (b) Plaintiff has established a relationship with the child, (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the child, (d) The child should be permitted to enjoy the love, affection, and emotional support which can be provided by his natural father, (e) The child would benefit from \X>ntinued custody with his natural father, (f) It is believed, and therefore averred, that Defendant may intend to move to Louisana with the minor child; Plaintiff is vehemently opposed to such a move as it would interfere with his ability to maintain a meaningful relationship with the minor child, 16, Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action, No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene, ,'" ."" -..l . ri '. - ;~"O', WHEREFORE, plaintiff respectfully requests that he be granted primary physical custody of his child subject to periods of visitation with Defendant, Respectfully submitted, d?---- JeaIJJ!'6 B, Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 1400 N, Second Street Harrisburg, P A 17102 (717) 221-0900 Supreme Ct. ID No, 68735 Date: C 6 It 'V! (j() -1-. I, - '~",,"-' '" -, '.i:<'';'' ~'" ' TERRYL. SCHELL,JR" Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, SHEENA MCCANN, Defendant : CIVIL ACTION -ATLAW : CUSTODY rF.RTIFTrATR OF ~F.RVTrF I, Jeanne B, Costopoulos, Esquire, hereby certi1Y that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, certified, restricted delivery and addressed as follows: Sheena McCann 4032 Cherokee Avenue CampHill,PA 17011 BY: // ---- Je~ B, Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 1400 N, Second Street Harrisburg, P A 17102 (717) 221-0900 Supreme Ct. ill No, 68735 Date: {!)/;~/()O ~, , '[;-, TERRYL. SCHELL, JR., Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, SHEENA MCCANN, Defendant : CNIL ACTION - AT LAW : CUSTODY VF,RTFTrA nON I, Terry L. Schell, Jr" hereby verifY that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, ~4904, relating to unsworn falsification to authorities, Date: I D-/2 - a:J , Signature: t? <!~~ T;;;t. Schell, Jr. _, I " " ~",,<' '-;""<'~ -~ &\t@~ID-"!_::: . , NOV 3 0 2000 TERRY L. SCHELL, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-7212 vs, SHEENA McCANN, Defendant CIVil ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this ,.;(" day of ~ ,2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, legal Custody: The parties, Terry L. Schell, Jr" and Sheena McCann, shall have shared legal custody of the minor Child, Ethan Robert Schell, born September 16, 1999, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion, Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information, To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2, Physical Custody: Mother shall have primary physical custody subject to Father's rights of liberal partial custody which shall be arranged as follows: A. From 7:15 a,m, November 28,2000, through 7:15 a,m, November 30, 2000, B, Father's weekend schedule shall be coordinated with his weekends off work, For two consecutive weekends to begin Friday, December 1, 2000, at 4:00 p,m, and continuing until Noon on Monday, December 4,2000, C, Midweek custodial periods shall be coordinated with Father's days off work, Father's custodial weekends are followed by two weeks of mid- week custodial time from Tuesdays at 7: 15 a,m, through Thursdays at 7:15 a,m, D, After Father's second custodial weekend and prior to Mother's custodial weekend, Father shall have physical custody from 4:00 p,m, until 7:00 p,m, Father shall have additional periods of partial custody at other times as the parties may agree, "" , J '. . ~,;'-i_'__ "~"J'~~::i ) No, 00-7212 3, Holidays: A, Thanksgiving: Father shall have custody Thanksgiving Eve from 4:00 p,m, through 9:00 a,m, Thanksgiving Day, 8, Christmas Eve: Father shall have custody from 9:00 a,m, until 8:30 p,m, C, Other Holidays: Father shall have custody on Father's Day and Father's birthday, Mother shall have custody on Mother's Day and Mother's birthday. The parties shall share in as equal a manner as possible in light of the parties' present work schedules time with the Child on the Child's birthday, 4, Transportation: Father shall provide all transportation incident to his custodial weekends, Mother shall provide transportation incident to Father's mid-week custodial periods which run from Tuesday mornings through Thursday mornings, For the one Thursday evening visit prior to Mother's custodial weekend, Mother shall provide transportation to the Father at 4:00 p,m, Father shall return the Child to Mother at 7:00 p,m, 5, Vacation: Each party shall be entitled to one continuous seven-day period of vacation time, subject to a two-week notice to the other parent. In the event that either party plans to take the Child outside the Commonwealth of Pennsylvania, the party leaving the state shall provide the other parent with information regarding the telephone number and location where they can be reached and where they will be during that period of custody, 6, This Order is temporary in nature and may be modified by the parties upon their mutual agreement. In the absence of mutual agreement, terms of this Order shall control. J, Pis!: Jeanne' B. Costopoulos, Esquire, 1400 N, Second Street, Harrisburg, PA 17102 Linus E. Fenicle, Esquire, 2331 Market Street, Camp Hill, PA 17011 - ~ ('IV" ("t I.;)., 'I- (r() '-j'N . ~"... ~"J..~;~!H;~~~>ii~~"'''''~~~~Il'I~;''',^''- "~""""'*~I~~':ilillJ,;7"'''"" '. "'::r'~l~~;,~Li:';" YI~'V^1ASNN3d AlNl'lOO Oi\I\f1839Wno LI :B WV I - :)30 00 A!:N1C,w\~:ln~,',-,' . :;,; i ::10 'lVI, "'~f"j "" I... 3::Jl:HO-GJlio! , , ~ ~~ \;' " <-I ,~ '_J"""'''....'"~''''<l~' , ' . Plaintiff NOV 3 0 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-7212 TERRY L. SCHELL, JR., vs, SHEENA McCANN, Defendant CIVIL ACTION - LAW 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 CUSTODY OF Ethan Robert Schell September 16, 1999 Mother 2, A Custody Conciliation Conference was held on November 21,2000, with the following individuals in attendance: the Father, Terry L. Schell, Jr., and his counsel, Jeanne' Costopoulos, Esquire; the mother, Sheena McCann, and her counsel, Linus E. Fenicle, Esquire, 3, The parties reached an agreement in the form of an Order as attached, ~crhJ Meli sa Peel Greevy, Esquire Custody Conciliator Date