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Home My WebLink About07-1878NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF PAMELA A. BEAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PATRICIA A. HOWARD and : NO. 2007 - ?7 CIVIL TERM TIMOTHY E. SHELLENBERG, Defendants : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the, plaintiff, by her attorney, Nathan C. Wolf, Esquire, and files this complaint for custody, representing as follows: 1. The plaintiff is Pamela A. Bear, an adult individual residing at 56 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Patricia A. Howard, an adult individual residing at 162 East L.outher Street, Carlisle Borough, Cumberland County, Pennsylvania 17013. 3. The defendant is Timothy E. Shellenberg, an adult individual with a mailing address of Post Office Box 284, Lawrenceville, Tioga County, Pennsylvania 16916. 4. Plaintiff (hereinafter "Mother") and Defendant Shellenberg (hereinafter "Father") are the natural parents of one minor child namely, Dillon Wayne Bear (born July 26, 1993, age 13). 5. Until December of 2006, the child has resided with Mother. Since December of 2006, the child has resided in the custody of Grandmother. 6. Mother and Father are the natural parents of the child. 7. The child was born out of wedlock and the parents have never been married. 8. Mother 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. 9. Mother has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 10. Mother 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. 11. The best interest and permanent welfare of the child will be served by granting the relief requested herein because in December of 2006, the child accused Mother's boyfriend of using drugs with the child, and left Mother's home to reside with Grandmother. Children and Youth Services investigated the allegation and determined the allegation to have been "unfounded." (A true and correct copy of the notification letter from CYS is attached hereto as Exhibit "A"). 12. Prior to receiving the determination, Mother acquiesced in the child remaining with Grandmother so that the investigation could occur and the truth could be ascertained. 13. Since the determination was issued, Mother has sought to resume custody of the child and the child has refused to return to Mother's home. 14. Mother believes that Grandmother has permitted and encouraged the child to remain in her residence. 15. Father, who has not been directly involved with the child for several years, has nevertheless indicated to Mother that he supports the return of the child to Mother's household. 16. Grandmother has no legal right to retain custody of the child. 17. As a result of her continued claim custody of the child, Grandmother has now sought child support from Mother and Father each through the Domestic Relations Section. 18. Mother has tried to communicate with the child to secure his return to her home, but the child's only demands are for money and for other needs, but he refuses to return to Mother's home, which position has been enabled by Grandmother. 19. Mother has sought the assistance of the Carlisle Police Department in securing the return of the child and was instructed to seek an Order from the Court directing the return of the child before they would intercede and force the child to return to his mother's household. 20. Mother believes that she can provide for the child in her household and seeks an Order confirming her rights to primary physical and legal custody of the child. 21. Mother believes that without an order confirming her primary legal and physical custody of the child with her that Grandmother will continue to threaten her role as the child's primary caretaker and that such a result would be detrimental to the child's best interests and permanent welfare. WHEREFORE, for the reasons set forth herein, Plaintiff, Pamela A. Bear, respectfully requests that this Honorable Court enter an order confirming primary legal and physical custody to Mother, along with granting any other relief the Court deems appropriate. Respectfully submitted, WOLF & WQLf) April 3, 2007 NATIAN LF, ESQUIRE 10 W Y,KTh Street Carlisle, Pennsylvania 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.-S. Section 4904, relating to unworn falsification to authorities. April -7, 2007 amela A. Bear ? t Ong '3x3 `gszL-ZEs (LLL) 04 9 U3 ' LL6O-L69 (L LL) IlfiGO OZ19-OVE QW L9 M LOL L bd `als!PeO 1a?I1l?vL3se? SdJ 084S 461H ISSM 9L ,CIu4 oLlu!.1°7 6u!pl!n8 s6:31naaS uewn" V ? 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L8690-1Z -#'17 ItrZL I Vd `alllAnAa? 37L>l.13-L kkaln UIL')unow 17y 1eag UIL'd All s LOOZ `Z / vnJga_4 lu se3y 0s 44UOA V uQJP1143 Aj,una3 puvpagt uuu3 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF PAMELA A. BEAR, Plaintiff V. PATRICIA A. HOWARD and TIMOTHY E. SHELLENBERG, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Complaint for Custody upon the following person, by United States Mail, addressed as follows: Patricia A. Howard 162 East Louther Street Carlisle, PA 17013 Timothy L. Shellenberg P.O. Box 284 Lawrenceville, PA 16916 Respectfully submitted, WOLF &,VJOLF, Attorneys at Law Dated: April 2007 By. 10 W Street ,AsMO C li , A 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff Q'? ? \ C V ? O ¢ C-0 e n . J? CID °` NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF PAMELA A. BEAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICIA A. HOWARD and : NO. 2007 - ' CIVIL TERM TIMOTHY E. SHELLENBERG, Defendants : IN CUSTODY PETITION FOR SPECIAL RELIEF NOW comes the Plaintiff, by her attorney, Nathan C. Wolf, Esquire, and files this petition for special relief, representing as follows: The plaintiff is Pamela A. Bear, an adult individual residing at 56 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Patricia A. Howard, an adult individual residing at 162 East Louther Street, Carlisle Borough, Cumberland County, Pennsylvania 17013. 3. The defendant is Timothy E. Shellenberg, an adult individual with a mailing address of Post Office Box 284, Lawrenceville, Tioga County, Pennsylvania 16916. 4. Plaintiff (hereinafter "Mother") and Defendant Shellenberg (hereinafter "Father") are the natural parents of one minor child namely, Dillon Wayne Bear (born July 26, 1993, age 13). 5. Until December 2006, the child resided in the custody of Mother, but the child is presently in the custody of Defendant Howard (hereinafter "Grandmother"). 6. No prior orders concerning the custody of this child exist. 7. The best interest and permanent welfare of the child will be served by granting the relief requested herein because in December of 2006, the child accused Mother's boyfriend of using drugs with the child, and left Mother's home to reside with Grandmother. Children and Youth Services investigated the allegation and determined the allegation to have been "unfounded." (A true and correct copy of the notification letter from CYS is attached hereto as Exhibit "A"). 8. Prior to receiving the determination, Mother acquiesced in the child remaining with Grandmother so that the investigation could occur and the truth could be ascertained. 9. Since the determination was issued, Mother has sought to resume custody of the child and the child has refused to return to Mother's home. 10. Mother believes that Grandmother has permitted and encouraged the child to remain in her residence. 11. Father, who has not been directly involved with the child for several years, has nevertheless indicated to Mother that he supports the return of the child to Mother's household. 12. Grandmother has no legal right to retain custody of the child. 13. Mother has tried to communicate with the child to secure his return to her home, but the child's only demands are for money and for other needs, but he refuses to return to Mother's home, which position has been enabled by Grandmother. 14. Mother has sought the assistance of the Carlisle Police Department in securing the return of the child and was instructed to seek an Oder from the Court directing the return of the child before they would intercede and force the child to return to his mother's household. 15. Mother believes that she can provide for the child in her household and seeks an Order confirming her rights to primary physical and legal custody of the child. 16. Mother believes that without an order confirming her primary legal and physical custody of the child with her that Grandmother will continue to threaten her role as the child's primary caretaker and that such a result would be detrimental to the child's best interests and permanent welfare. 17. Mother believes that Grandmother is not entitled to maintain custody of the child unless authorized by this Court, which she has not pursued to the knowledge of Mother or the undersigned as of the filing of the instant action. 18. A complaint in custody has been filed simultaneously herewith. WHEREFORE, for the reasons set forth herein, Plaintiff, Pamela A. Bear, respectfully requests that this Honorable Court enter an Emergency Order of Court confirming primary legal and physical custody to Mother, authorizing the police to enforce said Order, and directing Grandmother to relinquish custody of the child pending her initiating and being granting such a claim by this Court, along with granting any other relief the Court deems appropriate. Respectfully submitted, WOLF:J OJ.F, Attorneys at Law April , 2007 BY- NA 10 dESQUIRE 10 WestBj4h Street Carlisle; Pennsylvania 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I, the undersigned, do hereby verify that I am counsel the defendant in the foregoing action and that the facts set forth in this petition are true and correct to the best of the knowledge, information and belief relayed to me by my client. 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. April , 2007 Cumbedand County Children & Youth Services February 2, 2007 Pam Bear 54 Mountain View Terrace Newville, PA. 17241 ?'?ou.ryrp ?? RE: Dillon Bear C:L#: 21-06987 ??rrdns?vr9t? G:d?rnul.(d. Dear Ms. Bear: In compliance with the Child Protective Services Law of Pennsylvania, Chapter 63, the Cumberland County Children and Youth Services is hereby notifying you that the report of suspected child abuse received by this Agency on Agoncy January 4, 2007 regarding Dillon Bcar has been determined to be "Unfounded" Administrator and your case with this Agency will he closed. Gary i. shusy, M&w, L$W According to the §6337 of the Child Protective Services Lmv, all "Unfounded" reports of child abuse shall be expunged as soon as possible but no later than 120 days after the one year period foilowing the date the report was received since the case was not accepted for services. This determination does not reflect the status or findings surrounding ccany Commissioners any police investigation. Whenever a referral has been made to police, you will stuce aw my need to contact the appropriate police department regarding the status and Gary Fich Wbarger Rieherd Rawyn. outcome of their investigation. If you have any questions regarding this matter, please contact me during regular business hours. If i am not available vi hen you call, please leave your name and a telephone number where you can be reached and i will return your call. Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013-2961 (717) 240-6120 (717) 697-0371, Ext. 6120 (717) 532-7286, Ext. 6120 Sincerely, ?t Corinne Daly CPS Caseworker CD/ j I l eX?, r+ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF PAMELA A. BEAR, Plaintiff V. PATRICIA A. HOWARD and TIMOTHY E. SHELLENBERG, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Petition for Special Relief upon the following persons, by United States Mail, addressed as follows: Patricia A. Howard 162 East Louther Street Carlisle, PA 17013 Timothy L. Shellenberg P.O. Box 284 Lawrenceville, PA 16916 Respectfully submitted, WOLFAWOLF, Attorneys at Law Dated: April , 2007 11Yatha ,,Wolf, Esquire 10 s igh Street C ,6r ' e, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff L L PAMELA A. BEAR, Plaintiff V. PATRICIA A. HOWARD and TIMOTHY E. SHELLENBERG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1878 CIVIL TERM ORDER OF COURT AND NOW, this 5fl' day of April, 2007, upon consideration of Plaintiff's Petition for Special Relief, a hearing is scheduled for Thursday, April 19, 2007, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, C. Wolf, Esq. ?:athan rney for Plaintiff tricia Howard 162 East Louther Street Carlisle, PA 17013 Defendant, pro Se /imothy E. Shellenberg P.O. Box 284 Lawrenceville, PA 16916 Defendant, pro Se rc J P' Z 144 -- (',' d t00l /\ I i' ::I-u 31.) PAMELA A. BEAR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-1878 CIVIL ACTION LAW PATRICIA A. HOWARD AND TIMOTHY E. SHELLENBERG IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, April 11, 2007 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at- 4th Floor, Cumberland County Courthouse, Carlisle on Monday, May 14, 2007 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 al-e 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . Mangan, r. Es . 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 32 South Bedford Street Carlisle, Pennsylvania 1701 3 Telephone (717) 249-3166 top kUN,..f, ar, rryy U: a?J 6Z :'C' ',,'! d Z! ?uvf L0-0 Z r ? rr? o40 PAMELA BEAR, Plaintiff V. PATRICIA A. HOWARD and TIMOTHY E. SHELLENBERG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1878 CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of Defendant Patricia A. Howard, in the above captioned case. Jeoicd Holst, Esquire N idPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: (y L) r a. PAMELA BEAR, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-1878 CIVIL ACTION - LAW PATRICIA A. HOWARD and IN CUSTODY TIMOTHY E. SHELLENBERG, Defendants CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Defendant Patricia A. Howard, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date by the manner indicated below: USPS First Class Mail Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Date: -0-)' Je i Ho st, Esquire dPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ?.t r -_- r.a t-? ?---s ...? C.3 ; 7 -. ?. , _?_ _ c? _ . S? C ` . ? -G r NO. 07-1878 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this 20th day of April, 2007, upon consideration of Plaintiff's Petition PAMELA A. BEAR, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATRICIA A. HOWARD and TIMOTHY E. SHELLENBERG, Defendants for Special Relief with respect to Dillon Wayne Bear (d.o.b. July 26, 1993), the son of Plaintiff Pamela A. Bear and Defendant Timothy E. Shellenberg, and the maternal grandson of Defendant Patricia A. Howard, following a hearing held on April 19, 2007, and pending the custody conciliation conference scheduled for May 14, 2007, and further order of court, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by all the parties; 2. Physical custody of the child shall be shared by Plaintiff Bear and Defendant Howard on an alternating weekly basis, from Friday at 7:00 p.m. to Friday at 7:00 p.m., with Defendant Howard's first period of physical custody to begin on Friday, April 20, 2007; 3. Defendant Timothy E. Shellenberg shall have such periods of temporary or partial physical custody as the parties mutually agree; 4. No corporal punishment shall be inflicted upon the child at any time; 5. No party shall tolerate the presence with the child of a member of the party's household who is under the influence of alcohol or who has illegal drugs in his system; and VINVAIAS NN3d L0 :Z Wd OZ WV LOOZ A8vl(' o, 4108d 3W. dQ 0 ti 6. No party shall accommodate violations of this order by making his or her home available to the child during the custodial period of another party. Nathan C. Wolf, Esq. Attorney for Plaintiff Patricia Howard 162 East Louther Street Carlisle, PA 17013 Defendant, pro Se Timothy E. Shellenberg P.O. Box 284 Lawrenceville, PA 16916 Defendant, pro Se BY THE COURT, y-ao-o7 rc PAMELA A. BEAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PATRICIA A. HOWARD and TIMOTHY E. SHELLENBERG, Defendants NO. 07-1878 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of April, 2007, upon consideration of Plaintiff's Petition for Special Relief with respect to Dillon Wayne Bear, date of birth July 26, 1993, the son of Plaintiff Pamela A. Bear and Defendant Timothy E. Shellenberg, and the maternal grandson of Defendant Patricia A. Howard, following a hearing held on April 19, 2007, the record is declared closed and the matter is taken under advisement. By the Court, ,/athan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 For the Plaintiff ?ssica Holst, Esquire Mid-Penn Legal Services, Inc. 401 E Louther Street Carlisle, PA 17013 For the Defendant A C, mothy E. Shellenberg P.O. Box 284 Lawrenceville, PA 16916 O Defendant, pro Se (?' pcb ??` oa 8S .Z [,,Id U VdV LOOT AUVIONIU, iiCli dj 3a do 4 (' 0% SEP $ 420071 PAMELA A. BEAR Plaintiff V. PATRICIA A. HOWARD and TIMOTHY SHELLENBERG Defendants Prior Judge:. J. Wesley Oler, Jr., J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1878 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this ?r day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliation Conferen?e?. A Custody Hearing ' ereby scheduled on the TA day of A?iid'.11b07 at ;.3v Rm in Courtroom number / in the Cumberland County Court of Common leas, Carlisle, PA 17013 at which time testimony will betaken. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be 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. 2. The Order of Court dated April 20, 2007 shall remain in full force and effect pending hearing and/or further Order of Court. 3. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. 4. A telephonic; status update is tentatively scheduled for October 8, 2007 at 1:00 pm with the assigned Conciliator. Should a conflict arise, counsel are directed to immediately contact the assigned Conciliator to reschedule. Furthermore, counsel for the parties are directed and allowed to request this matter to be removed from the scheduled` hearing date and re-scheduled before the assigned Conciliator. Cc: )&an Wolf,-Esquire ,Oiace D'Alo, Esquire J ?6hn J. Mangan, Esquire a D h -VjNVA u `5NN3 d oz i t d 9Z 83S tool f Y'' " PAMELA A BEAR Plaintiff V. PATRICIA A. HOWARD and TIMOTHY SHELLENBERG Defendants Prior Judge: J. Wesley Oler, Jr. J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-1878 Civil Term ACTION IN CUSTODY CONCRIATION CONFEMCE 3UMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of thig litigation is as follows: Name Date of Birth Currently in the Custody of Dillon W. Bear 7/26/93 Mother and Paternal Grandmother 2. An Order of Court was entered April 20, 2007 by the Honorable J. Wesley Oler, Jr., J. granting shared legal custody by all parties and shared physical custody with Mother and Paternal Grandmother on an alternating week basis from Friday 7.00 pm until the following Friday at 7:00 pm. 3. A Conciliation Conference was held on May 14, 2007 with the following individuals participating: The Paternal Grandmother, Patricia Howard with her counsel, Grace D'Alo, Esquire The Mother, Pamela Bear, with her counsel, Nathan Wolf, Esquire. 4. Mother's position on custody is as follows: Mother seeks shared legal custody: and primary physical custody of Dillon. Mother requests that Dillon remain in the Big Spring School District. Mother is willing to have Child spend alternating weekends from Friday through Monday at Paternal Grandmother's residence. Mother alleges that Paternal Grandmother has encouraged/enabled Child to remain with Paternal Grandmother. Mother asserts that there was an unfounded allegation regarding drug usage at her residence and this was the reason she permitted Child to remain with Paternal Grandmother until the allegations were cleared. Father has currently not played an active role mi the Child's life and resides in Tioga County, PA. 5. Paternal Grandmother's position is as follows: Paternal Grandmother has concerns regarding Mother's ability to properly care for Dillon and alleges r4 ..,r 1 drag usage in Mother's' residence as well as Dillon smoking in Mother's residence and Mother's inability to seek medical care for Dillon. Paternal Grandmother seeks a continuation of the current week/week off schedule. Paternal Grandmother is willing to transport Dillon to school in Big Spring. Paternal Grandmother alleges that Dillon wishes to continue to reside with her every other week. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court granting the parties shared legal custody and Mother and Paternal Grandmother sharing physical custody per the Court Order dated April 20, 2007. It is the Conciliator's belief that this would be. in the Children's best interest. It is expected that the Hearing will require one-half day. 7. The proposed recommended Order may contain a requirement that the parties file 'a pre-trial memorandum with the Judge to whom the matter has been assigned.' Date: September 23, 2007 Jo an, Esq ` C?gqly ' r OCT o 2 zoos A'V1 PAMELA A. BEAR Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1878 Civil Term PATRICIA A. HOWARD and TIMOTHY SHELLENBERG Defendants : ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. COURT ORDER AND NOW, this day of October, 2007, upon consideration of the attached -,? Custody Conciliation Report, it is ordered and directed that: 1. The Custody hearing scheduled in this matter is hereby CANCELLED upon agreement of the Parties. 2. 3. The prior Orders of Court in this matter are hereby VACATED. 4. Legal custody of Dillon W. Bear, born 7/26/93, shall be shared by all the parties. 5. Physical Custody: Patricia Howard shall have primary physical custody of Dillon W. Bear subject to the Mother's, Pamela Bear's, and the Father's, Timothy Shellenberg's, liberal partial physical custody as the parties may agree. 6. No corporal punishment shall be inflicted upon the Child at any time. 7. No party shall tolerate the presence with the Child of a family member of the party's household who is under the influence of alcohol or who has illegal drugs in his system. 8. No party shall accommodate violations of this Order by making his or her home available to the Child during the custodial period of another party. 9. This Order is entered pursuant to agreement by the parties. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Cc: Nathan Wolf, Esquire Jessica Holst, Esquire cai 111' nib LL John J. Mangan, Esquire 1 1Q /A4 /07 d >-- _°=' ?: ?, ; ^? ? - __ _ . - 1 _? ?: r!: .? i "'J _ LS . ? i,..... .. ?:Y i .`: ?.. _ ? r" -. i lJ ? : j U? C`^.i PAMELA A. BEAR IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-1878 Civil Term PATRICIA A. HOWARD and TIMOTHY SHELLENBERG Defendants : ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Dillon W. Bear 7/26/93 Mother and Paternal Grandmother 2. An Order of Court was entered April 20, 2007 by the Honorable J. Wesley Oler, Jr., J. granting shared legal custody by all parties and shared physical custody with Mother and Paternal Grandmother on an alternating week basis from Friday 7:00 pm until the following Friday at 7:00 pm. An Order of Court was issued September 24, 2007 confirming the prior Order and scheduling a hearing. 3. A Conciliation Conference was held on May 14, 2007 with the following individuals participating: The Paternal Grandmother, Patricia Howard with her counsel, Grace D'Alo, Esquire The Mother, Pamela Bear, with her counsel, Nathan Wolf, Esquire. A telephonic conference was held on October 2, 2007 with the parties' counsel. 4. The parties agreed to the entry of an Order in the form as attached. Date: October 2, 2007