HomeMy WebLinkAbout01-05605KAREN L. SHAPUTIS 1N THE COURT OF COMMON PLEAS OF
PLAINTIFF ; CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 01-5605 CIVIL ACTION LAW
DAVID J. TONER
DEFENDANT IN CUSTODY
ORDER OF COURT
AND NOW, Monday, October Ol, 2001 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 25, 2001 at 8:30 AM
for aPre-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 nanow 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.
The conrt 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/ Dawn S. Sunda!, Esq. ~",~V1
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
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KAREN L. SHAPUTIS,
v.
DAVID J. TONER,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYVANIA
CIVIL ACTION LAW - IN CUSTODY
ORDEROFCOURT
AND NOW, this day of September, 2001, upon consideration of the attached
Complaint for Custody, it is hereby directed that the parties and their respective counsel, appear
before ,the conciliator, on the _ day of
2001, at _.m.,for aPre-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 the entry of a temporary or permanent Order.
BY THE COURT:
Dated:
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities 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 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, Pennsylvania 17013-3387
PHONE: (717) 249-3166
Document #: 2!6179.1
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KAREN L. SHAPUTIS,
v.
DAVID J. TONER,
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYVANIA
No. Ol - .S'bOS l..tc.~i~,~~/~~
Defendant CIVIL ACTION LAW - IN CUSTODY
COMPLAINT IN CUSTODY
AND NOW, this day of September, 2001, comes the Plaintiff, Karen L.
Shaputis and files the within Complaint for Custody:
1. The Plaintiff is Karen L. Shaputis, an adult individual currently residing at 3907
Ridgeland Blvd., Mechanicsburg, Cumberland County, Pennsylvania 17050since 1997.
2. The Defendant is David J. Toner, an adult individual whose current address is
P.O. Box 49, Shermansdale, Perry County, Pennsylvania 17049.
3.
4.
Name
The Plaintiff and Defendant are not married.
Plaintiff seeks primary legal and physical custody of the minor child:
Present Address D.O.B.
Hudson Shaputis
With Plaintiff 04/17/01
Plaintiff and Defendant are the natural parents of the above mentioned minor child.
The minor child was born out of wedlock.
5. The minor child is presently in the custody of Plaintiff, Karen L. Shaputis, who
resides at 3907 Ridgeland Blvd., Mechanicsburg, Cumberland County, Pennsylvania 17050.
Document #: 187450.!
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During the past five (5) months, the minor child has resided with the following persons
at the following addresses:
Name Address Date
Karen Shaputis and 3907 Ridgeland Blvd. 4/17/01 to present
Grandmother Mechanicsburg, PA 17050
The father of the child is Defendant who resides at 470 Darlington Avenue, Jonestown,
Pennsylvania 17038. The mother of the minor child is Plaintiff, who resides at 3907
Ridgeland Blvd., Mechanicsburg, Pennsylvania 17050.
6. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff
currently resides with the following persons:
Name Relationship
Virginia Bonarrigo Grandmother
Hudson S. Shaputis Son
7. The relationship of Defendant to the child is that of natural father. The
Defendant currently resides with the following persons:
Name
Relationship
Steve and Kim Ambacher Friends
and their 6 children
8. Plaintiff has not participated as a party or witness, or in any other capacity in
any other litigation concerning the custody of the children in this or another Court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
Court of this Commonwealth.
Document #: 189450.1
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the minor child or claims to have custody or visitation with respect to the minor
child.
9. The best interest and permanent welfare of the minor child will be served by
granting the relief requested because:
a. Plaintiff, Karen L. Shaputis is in the best position, both fmancially and
emotionally, to provide stability and custody for the minor child.
b. Plaintiff is in the best position to provide a stable, responsible
environment for the raising of the minor child.
c. Plaintiff is more stable, more capable of providing the proper parental
care, and can better provide for the physical and emotional needs of the
minor child.
d. Plaintiff has been the primary caretaker of the minor child since his
birth.
e. Defendant has made no attempt to visit with the minor child.
10. Each parent whose parental rights to the minor child has not been
terminated and the person who has physical custody of the minor child has been named as
parties to this action.
Document #: !87450.1
m]¢~m'uk:[n`..
WHEREFORE, the Plaintiff, Karen L. Shaputis, requests the Court to grant her
primary physical and legal custody of the minor child.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Meliissa L. Van Eck, Esquire
Attorney LD. No. 85869
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Dated: 9'250 ~
Document #: 187450.1
. -
VERIFICATION
I verify that the statements made in the foregoing COMPLAINT IN CUSTODY are
true and correct to the best of my knowledge, information and belief. 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: q ~ 1~I O ~
Kar n L. utis
Document #: 187450.1
i
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CERTIFICATE OF SERVICE
I, Melissa L. Van Eck, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a true and exact copy of Complaint for Custody with reference to the
foregoing action by first class mail, postage prepaid this 'day of September, 2001, on the
following:
David J. Toner (via certified mail)
470 Darlington Avenue
Jonestown, PA 17038
METZGER, WICKERSIIAM, KNAUSS & ERB, P.C.
Melissa L.
Eck, Esquire
Document #: 187450.1
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KAREN L. SHAPUTIS IN 'PHE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID J. TONER
DEFENDANT
• 01-5605 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, August 11, 2003 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September 04, 2003 at 8:30 AM
for aPre-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 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: /sl Dawn S. Sunday Esq. ~
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 facilifies 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 17013
Telephone (717) 249-3166
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KAREN L. SHAPUTIS, :THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. 01-5605
DAVID J. TONER, :CIVIL ACTION - AT LAW
Defendant :CUSTODY
AND NOW, this day of , 2003, it is hereby directed that the
parties and their respective counsel appear before ,the conciliator,
at on the day of , 2003, at
.m., for aPre-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 permanent order.
The court hereby directs the parties to furnish any and all ezisting Protection from
Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to
the scheduled conference.
FOR THE COURT:
BY:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilifies 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 Laberty Avenue
Carlisle, PA 17013
(717)249-3166
KAREN L. SHAPUTIS,
Plaintiff
vs.
DAVID J. TONER,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-5605
CIVIL ACTION - AT LAW
CUSTODY
Pi,AiNTTFF'S PFTiTiON Tn MODiFV CiTSTODY
AND NOW, comes the Plaintiff, Karen L. Shaputis, by and through her attorney, Jeanne B.
Costopoulos, Esquire, files the following Petition, respectfully representing as follows:
1. Petitioner is Karen L. Shaputis, Plaintiff above, who currently resides at 1083 Nanroc
Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Respondent is David J. Toner, Defendant above, who currently resides at 4 Kansas
Road, Landisburg, Peny County, Pennsylvania, 17040.
3. The parties are the natural parents of Hudson Shaputis, bom April 17, 2001 (hereinafter
referred to as the "child").
4. An Order of Court was signed by the Honorable Edward E. Guido on November 6,
2001 following an agreement reached between the parties at a custody conciliation
conference held on October 25, 2001. Said Order is attached as Exhibit A.
5. Since December of 2001, Defendant's interaction with the child has consisted of the
following:
(1) Between December of 2001 and Apri112, 2003, Defendant failed to
exercise any visitation with his son.
(2) On Saturday, Apri112, 2003, Defendant showed up to take the child
shopping for this birthday. Plaintiff accompanied Defendant and the
child to K-Mart.
(3) Defendant showed up on Sunday, Apri113, 2003 at noon to take the
child for the afternoon. He had purchased a caz seat which was still in
the box and Defendant was unable to use it so he borrowed Plaintiff s
caz seat. The child engaged in a temper tantrum when he realized he
would be leaving with Defendant. Defendant later showed up at
Plaintiff s mother's house and smoked a cigarette outside the house
while the child remained in the car in the driveway.
(4) On April 19, 2003, Defendant attended a birthday party Plaintiff held for
the child. When he appeazed at 3:00 p.m., the child ran into his room
and hid. Defendant sat in a comer and had little or no interaction with
the child. He left at 4:30 p.m. without saying goodbye to the child.
(5) On June 15, 2003, Defendant showed up at Plaintiff s house
unannounced at 9:30 a.m. and stayed for one hour.
(6) On July 4, 2003, Defendant showed up at Plaintiff's house unannounced
at 6:45 p.m. accompanied by his mother. Since it was a holiday and
getting late and Plaintiff had not expected anyone, Plaintiff did not
pemut them to visit with the child at that time.
(7) On July 18, 2003, a neighbor reported to Plaintiff that a man in a red car
fitting the description of Defendant was outside of PlaintifFs house
,;.
ringing the doorbell and knocking on the door for about a half an hour or
so.
6. During the few visits Defendant has chose to exercise with the child, he has not
interacted much with the child nor has he exhibited any trace of ability to properly care
for the child. As a result, Plaintiff believes that he should not be left unsupervised with
the child until such time as he complete a parenting skills class and has been observed
by someone qualified to detemune whether or not his skills have improved so such an
extent that he can properly care for a small child on his own.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order
reflecting the status quo which has been established between the parties, confirming primary
custody with Plaintiff subject to periods of supervised visitation with Defendant.
Dated: /~~( V~
BY:
eanne B. Costopoulos, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Phone: (717) 790-9546
Supreme Ct. ID No. 68735
ATTORNEY FOR PLAINTIFF
KAREN L. SHAPUTIS, :THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. 01-5605
DAVID J. TONER, :CIVIL ACTION - AT LAW
Defendant :CUSTODY
I, Karen L. Shaputis, hereby verify that the statements made in the foregoing document
are true and correct to the best of my knowledge, information, and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom
falsification to authorities.
Date: t ~ Signature: ~yi ~~"~l
Kare L. Sha tis
KAREN L. SHAPUTIS, :THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. 01-5605
DAVID J. TONER, :CIVIL ACTION - AT LAW
Defendant :CUSTODY
1, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the
foregoing document upon the persons, and in the manner, indicated below, which service
satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same
with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail,
prepaid, and addressed as follows:
David J. Toner
4 Kansas Road
Landisburg, PA 17040
BY:
eanne B. Costopoulos, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Phone: (717) 790-9546
Supreme Ct. ID No. 68735
J ~~ I'1 ATTORNEY FOR PLAINTIFF
Dated: "~
EXHIBIT A
KAREN L. SHAPUTIS,
Plaintiff
vs.
DAVID J. TONER,
'Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-5605 CIVIL ACTION LAW
IN CUSTODY
O1RDER OF COURT
AND NOW, this (pTh day of ~ 2001,
upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Mother, Kazen L. Shaputis, and the Father, David J. Toner, shall have shared legal
custody of Hudson Shaputis, born April 17, 2001. Each pazent 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. Both parties shall have equal access to all records pertaining to the Child, including
medical and school records.
2. The Mothei<shalt hale primaryphysical. bristody of the Ctiild.~ :. '
3. The Father shall have partial physical custody of the Child every weekend from Friday at
7:00 p.m. through Sunday'at 7:00 p.m., beginning October 26, 2001.
4. The parties shall share or alternate having custody of the Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall
run from Christmas Eve through Christmas morning, and Segment B, which shall run from
Christmas morning through December 26. The specific times for exchanges of custody
over the Christmas holiday shall be arranged by agreement of the parties. The Mother shall
have custody of the Child during Segment A in odd numbered years and during Segment B
in even numbered yeazs. The Father shall have custody of the Child during Segment A in
even numbered years and during Segment B in odd numbered years.
B, THANKSGIVING/EASTER: The parties shall shaze having custody of the Child on
both Thanksgiving Day and Easter with the exchange times to be arranged by agreement.
C. MEMORIAL DAY/JULY 4TH/LABOR DAY: The parties shall share or alternate
having'custody of the' Child over the Memoiial Day,' July 4`h and Labor Day holidays as
arranged by agreement.
;~ : ,
D. MOTHER'S DAX/FATHER'S DAY: The Mother shall have custody of the Child
every year on Mother's Day and the Father shall have custody of the Child every year on
Father's Day with the exchange times to be arranged by agreement of the parties.
E. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
5.. Unless otherwise agreed between the parties, the Father shall provide transportation for all
exchanges of custody.
6. Each party shall ensure that the other party has his or her current address and telephone
number.
- 7. 13either parent shall do or say anything which may estrange the Child from the other pazent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. 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.
BX THE COURT,
/ ~
cc: Melissa L. VanEck, Esquire -Counsel for Mother
David J. Toner, Father
TRl f ~ ~ . ~Y ~R~M ECG ~ ..t
In 7e~t . ., ; nf, I here u to set n: 1
and ~' s~ai of aid C~rt at C riislp, Pa.
Prothonotary
Y
KAREN L. SHAPUTIS,
Plaintiff
vs.
DAVID J. TONER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLANA COUNTY, PENNSYLVANIA
01-5605 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PE20CEDURE 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 TN CUSTODY OF
Hudson Shaputis April 17, 2001
Mother
2. A Conciliation Conference was held on October 25, 2001, with the following individuals in
attendance: The Mother, Karen L. Shaputis, with her counsel, Melissa L. VanEck, Esquire, and the
Father, David J. Toner; who is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
Csal~ ~ a9,~~~
Date Dawn S. Sunday, Esquire
Custody Conciliator
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KAREN L. SHAPUTIS, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : No. 01-5605
DAVID J. TONER, :CIVIL ACTION -LAW
Defendant :CUSTODY
~~ORD- E~R'`OF COURT
AND NOW, this ~ 3~day of I~M~'~ , 2003, upon consideration of the within
Petition to Enter Stipulation as an Order oTf Court," the Petition is hereby granted.
COURT:
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I~ARkN L. SHAPUTIS,
Plaintiff
v,
DAV1D J. TONER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMHERLANA COUNTY, PENNSYLVANIA
No. 01-5605
CIVIL ACTION -LAW
CUSTODY
PETITION TO ENTER STIPULATION AS AN ORDER OF COIURT
AND NOW, come the parties, Karen L. 5haputis and David J. Toner, and respcctnilly
request the following Stipulation to be entered as an order of court, replacing all prior arders:
The parties, Karen L. Shaputis (the Mother hereinafter) and David J. Toner (the Father
hereinafter), have barn to them ane child, namely Hudson Shaputis, bom Apri117, 2001 (the
Child hereinafter) and the parties wish to enter into an agreement relative to physical and legal
custody of the child. 1n consideration of the nrutual covenants, promises, and agreements as
heseinaflex set forth, and intending to be legally bound, the parties agree as follows:
Mother shall have Full, primary physical and legal custody of the child. Therefore, Mother
shall have sole authority to make decisions on behalf of the child without first obtaining consent
ficm Father. Father shall be permitted visitarian with the child only at the sole discretion of
Mother. In addition, Mother ig autltotiaed to relocate with the child to any place she chooses.
WHEREFORE, the parties, intending to be legally bound, and with the desire that this
Agreement be entered as an order of court, hereby set their hands acrd seals snd the date of their
acknowled ent.
XDAVID J. TO TER ate 7`-
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AUG 1 5 2003
KAREN L. SHAPUTIS
Plaintiff
vs.
DAVID J. TONER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-5605
CNIL ACTION LAW
IN CUSTODY
ORDER
AND NOW, this 14TU day of August 2003 ,the conciliator, being advised by
plaintiff s counsel that all custody issues have been resolved by agreement of the parties, hereby
relinquishes jurisdiction. The Custody Conciliation Conference scheduled for September 4, 2003, is
cancelled.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
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Law Offices of Lee E. Oesterling, LLC
42 East Main Street
Mechanicsburg, PA 17055
(717)790-5400
IN THE COURT OF COMMON PLEAS OF THE 9t6 JUDICIAL
DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA
KAREN L. SHAI'UTIS
Plaintiff
v.
DAVID J. TONER
Defendant
No. 01-5605 Civil Term
Civil Action -Child Custody
ORDER
AND NOW, this~a day of _ f1h p~ `^' ` `~ 2003 in
consideration of the Stipulation for Entry o f a n A greed O rder o f C ustody filed b y t he
parties to the above-captioned matter, it is ORDERED that said stipulation is hereby
made an ORDER OF COURT as if fully set forth herein.
J.
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IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL
DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA
KAREN L. SHAPUTIS
Plaintiff,
V.
DAVID J. TONER
Defendant
No. O1-5605 Civil Tenn
Civil Action -Custody
THIS STIPULATION AND AGREEMENT entered into this ~ day o£S~ .1~-.
2003, by and between David J. Toner, (hereinafter referred to as "Father") and Karen L. Shaputis,
(hereinafter referred to as "Mother").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the Mother and Father, (hereinafter jointly referred to as the "parties"), are the natural
parents of one (1) child, namely, Hudson S. Shaputis, born _A np 1 17, ?001 ,(hereinafter "child"); and
WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the
child.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as
hereinafter set forth and intending to be legally bound, the parties hereto agree as follows:
1. Mother shall have sole legal and physical custody.
2. Father has waived and agreed to terminate all parental rights in accordance with and
reliance upon mothers waiver of father's support for the child.
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Mother is authorized to relocate with the child to any place of her choosing.
4. The parties agree that in making this agreement there has been no fraud, concealment,
overreaching, coercion or other unfair dealing on the part of the other.
5. The parties hereby stipulate to the entry of the above as an order of court and waive their
right to appear before the court for the presentation of this stipulation and its incorporafion as an order. The
parties further aclmowledge that the Court of Common Pleas of Cumberland County has jurisdiction over
the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances
change and should either party desire further or require further modification of said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof,
set forth their hands and seals the day and year herein set forth.
~V * (SEAL)
(SEAL)
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