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HomeMy WebLinkAbout99-01474T r TONIA K. SHUGIIAR I. : IN 'I'I II: COUR'1 OF COMMON PLEAS Rc%pondcin : CUMBERLAND COUNTY. PENNSYLVANIA No. 99.1.1740%it Fenn RONALD A. SIM611AR'1'. : CIVIL. AC" 17ON • LAW Petitioner ; CUSTODY )R-DER OF COURT AND NOW. this _ day of 2003, pending further Order of APVM Court, Respondent is hereby ordered and directed to switch weekends with Petitioner so as to allow him the opportunity to provide transportation for the minor children. J. Distribution: Karl E. Rominger. Esquire Tonia K. Bonawitz (Shughart) 'IONIA K. SI I(I61IARI. AN 171F LOUR I' OF COMMON PH:AS Rc+lxmdcm : C'I)M91{RI.AN000IINIY. PENNSYLVANIA Nu. 94.1.1710%il'I'erm RONALD A. SIIUOIIAR'I'. : CIVIL A(-IION • LAW Petitioner : C US'FODY ORDER OF COURT AND NOW, this AV day of 2003, a hearing is scheduled for a d the 1 day of &I % , 2003 at 7.30 o'clock -14 m. in Courtroom q 4-/ at the Cumberland County Courthouse in Carlisle. Pennsylvania in consideration of the within Emergency Petition to Modify Custody. J. Distribution: Karl E. Rominger, Esquire - nopy PQ&Sa4bI(y Vosu Tonia K. Bonawitz (Shughart) top y en b t LT c(- IONIA K. SllUGIIAR'f. Resixxtdent v RONALD A. SI1UG11AR'1'. Petitioner IN 1716 COURT Or COMMON PH AS ('1 JN11II:RI.ANI) ('OI1N IY. I'l:NNSYI.VANIA N,w. oa.147400 'lenn CIVIL AC"IION • LAW C'US1 ODY EMERGENCY PETITION TO MODIFY Ct1ST )DY 2. 3. 4. Petitioner is RONALD A. SI IUGI TART. who resides at 260 West Ridge Street Carlisle, Cumberland County. Pennsylvania 17013. Respondent is TONIA K. SI IUGI IAR"r, who resides at 153 Cedar Street, Carlisle, Cumberland County, Pennsylvania 17013. The Honorable Kevin A. Hess entered the July 10, 2001, Custody Order attached hereto as Exhibit A. Since the entry of said Order, there has been a significant change in circumstances in that: (a) Petitioner is going to have back surgery on or before April 20, 2003. (b) Petitioner is responsible for transportation of the minor children when Respondent has visitation. (c) Petitioner's live in girlfriend works alternating weekends and Petitioner has repeatedly asked Respondent to switch alternate weekends with him so that his live in girlfriend can provide transportation for the minor children when she is not working. (d) Petitioner is willing to give to Respondent an extra weekend so that she does not lose a weekend of visitation. W Respondent refuses to switch alternate weekends (1) It gill be many months lielirre Petitioner is mobile and fully recovered from his surgery. 'nc best interests of the children will be served by the Court in modifying said Order. WI WRITORE. Petitioner prays this Court to gnat the modification of the custody Order as follows: Primary physical custody in the father with supervised visitation in the mother with the alternating weekends now in clTect to he switched so us to allow Petitioner to be able to provide transportation for the minor children. Respectfully submitted, /?L -f r '4,. Karl E. Rominger squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner 1 t? JUL 0 s 200.4 TONfA K. BpNApg3•7 Plaintiff : IN TIM COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RONALD A. SHUGHART, Defendant NO.99- 1474 CIVIL IN CUSTODY COUR_ ORDER AND NOW, this /c `v day of July, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Custody Order of October 16, 2000 shall be modified to specify the Mother's periods of temporary custody with the minor children shall be as follows: A. On alternating Sundays from 10:00 a.m. until 8:00 p.m. The parties shall exchange custody in front of the Carlisle Police Station at South West Street in the Borough of Carlisle. B. At such other times as agreed upon by the parties. 2. Father is also required to provide Mother with the normal and customary information with respect to the children's schooling and health issues. 3. Any treating physician for the minor children who are the subject of this Order, are also hereby authorized to share information concerning the children with both parents without the requirements of the signing of any releases by the other parent. BY THE COURT, cc: Karl Rominger Tonia K. Bonawitz 153 Cedar Street Carlisle, PA 17013 KevinA. Hess rFu rop,e r IoM Rec?u i. In T?yiatnny wheroW I here unto set My hand hV Lire sai of saki Cat n at Carllele pa. ---.day. <1 Prothonotary 'I'ONIA K. S101611AR 1, IN fill: COUR l 'OF COMMON PLIiAS Raslwndcm : C'UMBLIMAND COl IN I'Y. PIiNNSYI.VANIA `' :No. X14-147dC'itil'fcrm RONALD A. SI RIGt IAR'1'. CIVIL ACTION - LAW Petitioner : C US I ODY VF.R161CAMN KART, E. ROMINGER. ESQUIRE. states that he is the attorney for, Petitioner in this action: that he makes this affidavit as attorney because he has sufficient knowledge or information and belief. based upon his investigation of the matters averred or denied in the foregoing document: and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: April 11. 2003 Karl E. Rominger, Esquire Attorney for Petitioner '1'ONIA K. SIIt1(;IIAR'1'• : IN I III: ('OUR F OF COMMON PLIiAS Rrsp)ndcnt : C UMMALAND COUNTY. PENNSYLVANIA Nit: 40.147.1 C'ivil'1'arm RONALD A. SIIUGIIART, : CIVIL AC17ON • LAW Petitioner : C US'1'ODY CERB CAU f)F SERVICE I, Karl E. Rominger, Esquire, attorney fix Petitioner, do hereby certify that I this day served a copy of the Emergency Petition to dlodify Custody upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle. Pennsylvania, addressed as follows: Tonia A. Bonawitz (Shughart) 153 Cedar Street Carlisle, PA 17013 Dated: April 11, 2003 Karl E. Rominger, Esquire Attorney for Petitioner U 1, 1 -4 uloJ'MElrriuMM u10.1'MEllo$Utwoj1W014ME1 swMfNV - MOIAOV - ADVDOAOV £IOLIVINVAIdSNN3d'37SrM J QL09'l4Z'LIL :XVJ •Z£TZ'4EL'008"' • OL09'IbZ'LTL *sI..o MVI 1331I1S K3AONVH H.UIOS SSI ALUM T 1139MWOH a ?E ? M Oo4 z 13:3 2: V' O? ?O FU L"d Services, Inc. 8 Irvine Row Carlisle, PA 17013 M USA 33 The Honorable Kevin A. Hc55 Cumberland Cc:.inty Courthousc 1 Courthouse 5gwre Carlisle, PA 17013 . t.I r i 1 Q Q e Cr M 3 M 0 qq ? c1 K C 3 \ i 3 m nS o? m ? ? ?? co ? ?q o ? m ? t= Z s M ? ? ? ? ? ? i ? ? ? ? ? ? a ? ? ? ? ? ? ? ? ? ? ? ? ? 3 ? ? r 'IN c i c Q, O K '^ w D ? m ? ? Q a `1S cn c O i? i; IU r S e U J 2 w lJ IL c 4ZAI ` n 60 ? m o /I LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717)243.9400 Fax (717) 243.8026 West Shore (717) 766.8475 Shippensburg (717) 5305866 January 14, 2000 The Honorable Kevin A. Hess Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Re: Shughartv.Shuphart No. 99-1474 Civil Term Dear Judge Hess: rrWlr Iw Im 11114 r"?1r? IIAI 02 s. W."O. s1mr oj?) iury l4iuu,lruw 11121 11111 144p21 Prior to sending you our proposal for custody in the above matter, a calendar was prepared so that Mr. Shughart's work schedule would be taken into consideration. I understand that Mr. Shughart does not agree with our proposal and that you will need to make the custody decision regarding the parties' three minor children. When 1 was at the Courthouse this morning, I stopped to ask Robbie if she thought you might want to see the calendar. She suggested that 1 send it to you. It is, therefore, enclosed foryour review. The calendar clearly shows Mr. Shughart's work schedule and the periods of partial custody we proposed for him. Thank you for your consideration of this matter. Sincerely, c&lcu C-Lu/l cct Maryann Murphy Attomey-at-Law enclosure: calendar cc: Thomas Diehl, Esquire Tonia Shughart SERVING ADAMS, CUMBERLAND, FRANKLIN AND FULTON COUNTIES ur" TONIA K. SHUGHART, : IN THE COURT OF COMMON PLEAS OF Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 94.1474 Civil Term RONALD A. SHUGHART, : CIVIL ACTION - LAW Petitioner :CUSTODY ORDER OF OURT AND NOW, this 2 S+L day of _ 2000, upon consideration of Petitioner's Petition for Emergency Relief, it is hereby ordered and decreed that temporary primary physical custody of the parties' minor children, Joshua R. Hawbaker, DOB 1/25/94, Joseph Andrew Shughart, DOB 8/17/95, and Amber Leanne Shughart, DOB 4/3/98, shall be with father pending scheduling ofa conference, hearing, or trial on the matter, er 'F- A U4- ^.?o(.v. BY THE COURT: ?' ?? a? ?? TONIA K. SHUGHART, : IN THE COURT OF COMMON PLEAS Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. :No , 44-1474 Civil Tcrm RONALD A. SHUGHART, : CIVIL ACTION • LAW Petitioner :CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner RONALD A. SHUGHART, by and through his attorney, Karl E. Rominger, Esquire, and avers the following in support of this Petition for Emergency Relief 1. The Petitioner, RONALD A. SHUGHART, is an adult individual who currently resides at 206 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent, TONIA K. SHUGHART, is an adult individual who currently resides at 153 Cedar Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. There are three dependent children of the parties, namely Joshua R. Hawbaker, DOB 1/25/94, Joseph Andrew Shughart, DOB 8/17/95, and Amber Leanne Shughart, DOB 4/3/98. 4. Petitioner seeks primary custody of the following children: Name Present Residence Age Joshua R. Hawbaker 153 Cedar Street 6 years Carlisle, PA 17013 Joseph Andrew Shughart 153 Cedar Street 4 years Carlisle, PA 17013 Amber Leanne Shughart 153 Cedar Street 2 years Carlisle, PA 17013 The children Joshua R. Hawbaker and Joseph A. Shughart were born out of wedlock, and Amber Leanne Shughart was not born out of wedlock. The children are presently in the physical custody of their mother, Respondent, TONIA K. SHUGHART, who currently resides at 153 Cedar Street, Carlisle, PA 17013; However, they are in the physical custody of their father, Petitioner, RONALD A. SHUGHART. Since the date of the last custody order entered in Cumherland County Court of Common Pleas at the above docket, the children have resided with the following persons and at the following address: Name Address Dates Ronald A. Shughart and Heather Neusbaum 206 Walnut Bottom Road from 7/21/00 Carlisle, PA 17013 Tonia K. Shughart and 153 Cedar Street to 7/21/00 Roger Gutshall Carlisle, PA 17013 The mother of the children is Respondent, TONIA K. SHUGHART, currently residing at 153 Cedar Street, Carlisle, PA 17013 The father of the children is Petitioner, RONALD A. SHUGHART, currently residing at 206 Walnut Bottom Road, Carlisle, PA 17013 5. The relationship of the Petitioner to the children is that of natural father. The Petitioner currently resides with the following persons: Heather Ncusbaum. The relationship of the Respondent to the children is that of natural mother. To Petitioner's knowledge, Mother currently resides with the following persons: Roger Gutshall. 6. There is currently a Court Order entered to the above docket number dated February 2, 2000. 7. Petitioner does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 8. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Petitioner is the natural father of the children; (b) Petitioner has established a relationship with the children; (c) Petitioner dcsir?s to continue exercising parental duties and enjoys the love and affection of the children; (d) The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural father. (c) The children would benefit from custody being transferred to their natural father because of the current situation, which is explained in detail in paragraphs (a) through (d) below. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children 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 children to be given notice of the pendency of this action and the right to intervene. PETITION FOR EMERGENCY RELIEF- REQUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY 10. Paragraphs one (1) through (9) are hereby incorporated by reference as though fully set forth. 11. Petitioner believes the children will suffer needless irreparable harm and may be in danger if custody is not immediately temporarily transferred to him for the following reasons: (a) Respondent, TONIA K. SHUGHART, is currently under investigation by the Cumberland County Children & Youth Services o0icc with regard loallegations of physical abuse of the children. (b) Cumberland County Children & Youth Services is also investigating the live-in boyfriend of the Respondent, Roger Gutshall, with regard to allegations of physical abuse of the children. (c) Cumberland County Children & Youth Services are concerned for the welfare of the children in that they requested the Petitioner to file for emergency custody pending the outcome of the investigation and further recommendations. (d) The Petitioner has seen substantial evidence himself of either alleged abuse or alleged neglect evidenced by visible physical marks, including bruising, on the children when they are returned to his physical custody per the visitation schedule. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting him primary physical custody of his children pending the scheduling of a conference or hearing on the matters alleged herein. Dated: U ?t. G Z Respectfully submitted Karl E. Rominger, Esquire Attorney for Petitioner 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 VERIFICATION 1, RONALD A. SHUGHART, hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to uns%vom falsification to authorities. Date: 7 ??- ?? ?- e?At AM um w+Elw?a.Mw ..unawwelwua...l low OuD*KKwd 'arQvOQwO43 mt Ircm kv.. Ol?O ru 008 • 0109 ud[ 11 C l0[ l DIUOAVUUu9d '6IIIUOO P"S W" WON l aiM 4 ? 7nr 40042 MkAOUDH wnOS 99l i N N ll? g fg g' L JJJ (,' N ri n ?D TONIA KAY SHUGHART, IN THE COUItT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA _i vs. 99-1474 CIVIL. RONALD A. SHUGHART, CIVIL ACTION -CUSTODY Defendant ORDER AND NOW, this 7,17' day of December, 1999, our order of December 27, 1999, is VACATED as having been improvidently entered. The court will await the input of counsel with respect to the order proposed by plaintiff. BY THE COURT, Joan Carey, Esquire For the Plaintiff Thomas S. Diehl, Esquire For the Defendant :rlm Kevit . Hess,?J.Q iz-sa-99 R K9 Iv - tIr IN TIIE COURT OF COMMON PLFAS Oh CUMIIFRLAND COUNTY PENNSYLVANIA if CIVIL ACTION - LAW i TONIA KAY SHUGHART, Plaintiff No. 99.1474 Civil Term V. RONALD ANDREW SHUGHART, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of -Accenta . 1999, after hearing in this matter, IT IS HEREBY ORDERED AND DECREED that custody of the minor children involved in this action: Joshua Randal Hawbaker, born January 25, 1994; Joseph Andrew Shughart, born August 17,1995; and Amber Leanne Shughart, born April 3, 1998, be awarded as follows: 1. The parties shall share legal custody of the minor children. 2. Plaintiff shall have primary physical custody of the minor children. 3. Defendant shall have partial physical custody of the minor children on the following schedule beginning in January 2000: a. When Defendant's work shift is Saturday to Tuesday, Sunday to Wednesday, and Monday to Thursday, he shall have the minor children the Friday following these shifts at noon from daycare until Sunday at 5:30 p.m. ., b. When Defendant's work shift is Friday to Monday, he shall have the minor ., ?,.,,= .?J `. ? ? ?J .. /.` ? ? ?. V ?1' l children the Tuesday following this shill in noon front daycare until Wednesday morning when he shall take them to school/daycare. C. When Defendant's work shill is Tuesday to Friday, he shall have the minor children from the Saturday following this shift at 9:00 a.m. until Sunday at 5:30 p.m. d. When Defendant's work shift is Wednesday to Saturday, he shall have the minor children the Tuesday prior to this shift at noon from daycare until Wednesday morning when he shall take them to school/daycare. C. When Defendant's work shift is Thursday to Sunday, he shall have the minor children the Tuesday prior to this shift and the Tuesday following this shift at noon from daycare until Wednesday morning when he shall take them to school/daycare. 4. The holidays of Easter and Thanksgiving shall be shared between the parties each year. In 2000 and in all even years thereafter, Plaintiff shall have from 8:00 a.m. until 2:00 p.m. and Defendant shall have from 2:00 p.m. until 8:00 p.m. In 2001 and in all odd years thereafter, Defendant shall have from 8:00 a.m. until 2:00 p.m. and Plaintiff shall have from 2:00 p.m. until 8:00 p.m. 5. Memorial Day, the Fourth of July and Labor Day shall be alternated between the parties each year. In 2000 and in all even years thereafter, Defendant shall have Memorial Day and Labor Day and Plaintiff shall have the Fourth of July. In 2001 and in all odd years thereufler. Plaintiffshall have Memorial Day and Labor Day and Defendant shall have the Fourth of July. These holiday hours shall he from 9;00 a.m. until 5;30 p.m. unless otherwise agreed by the parties. 6. The panics shall alternate having the minor children for Trick-or-Treat night and Fourth of July fireworks night each year. In 2000 and in all even years thereafter, Plaintiff shall have Trick- or-Treat night and Defendant shall have Fourth of July fireworks night. In 2001 and in all odd years thereafter. Defendant shall have Trick-or-Treat night and Plaintiff shall have Fourth of July fireworks night. 7. Christmas shall be divided into two segments. Defendant shall have the minor children each year from 9:00 p.m. on December 23rd until 10:30 p.m. on Christmas Eve. Plaintiff shall have the minor children from 10:30 p.m. on Christmas Eve until 9:00 p.m. on Christmas Day. 8. Defendant shall have the minor children on Father's Day and Plaintiff shall have the minor children on Mother's Day. The hours shall be from 9:00 a.m. until 5:30 p.m. unless otherwise agreed by the parties. 9. Both parties shall have two (2) weeks of summer custody with the minor children. R week shall be defined as five (5) days. These weeks need not be taken consecutively, and, to the extent possible, should not interfere with the other party's regularly scheduled weekend.. Each party shall give written notice of her/his chosen period of summer custody to the other by May 15" of each year, if possible. In the event that both parties choose the same week(s) of summer custody, the party who gives first notice shall prevail. 10. Both parties shall have the opportunity to see the minor children on their birthdays. Whichever party does not have custody on the children's birthdays shall have tHo (2) hours if that day is a school day, and four (4) hours if that day is not a school day. The specific times shall he agreed upon by the panics. 11. Plaintiffand Dclcndant shall share transportation fir the custody tmnslcrs, with the party receiving custody providing the transportation. 12. Whenever the minor children are taken out of the Commonwealth of Pennsylvania, the party removing them must provide the other with a telephone number and address for contact at least one (1) week prior to the trip. 13. If any of the children are taking prescription medication. the parties shall exchange this medicine with each other during the custody transfers. 14. The schedules for all holidays, vacations and special occasions shall take priority over the usual weekly schedule. 15. Both parents shall permit reasonable telephone access between the children and the other party. The children shall be permitted reasonable telephone access to place calls to each oftheir parents while they are with the other. Both parties shall provide the other with a current telephone number and address at all times. 16. The parties shall communicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may from time to time become necessary. 17. Plaintiff and Defendant shall both encourage a close and loving relationship between the children and each of their parents. The parties shall give support to each other in their roles as "parent", and shall take into account the concerns of the other for the physical and emotional well- being of the children. It shall be the express duty of each parent to uphold the other as one whom the children should respect and love. I8. By mutual consent of the parties. a revised schedule may he agreed upon between them for and in the best interests of the minor children. 19. '['his Order of C'oun shall replace and supersede any existing Custody Orders and/or agreements between the parties. 20. This Order of Court shall continue in full force and effect until further Order of Court. BY THF, COURT: -,<,. A. d' 1 [ono able Kevin A. Hess Ia-a?-99 RK9 P OEC 't 199? , LEGAL SERVICES, INC. N Irvine R<rw Calliale. Pennoylvanla IMI3 (717) 243.94(N) rax(717)243-RU26 WOMI Shore (717) 766-N475 ShiplxusburR (717) 530-H66 December 21. 1999 The Honorable Kevin A. Hess Cumberland County Courthouse 1 Courthouse Square Carlisle. PA 17013 Re: Shughart v. Shuehart Dear Judge Hess: rnrr. rw. rr,. pnr ru wr As you requested. I am enclosing a proposed Order in the above-captioned matter. Because Mr. Shughart works a rotating four (4) day schedule from 6:00 p.m. until 6:00 a.m., we have taken his work schedule into consideration in preparing this proposal. Attorney Diehl was provided with a copy of this proposed Order on December 21, 1999. When I spoke with him today, he advised me that he had been unable to reach Mr. Shughart to discuss the enclosed with him. However, Attorney Diehl indicated that it was clear to him that we attempted to consider his client's work hours in preparing the Order. Thank you for your consideration of this proposal. I hope you have a happy holiday. Sincerely, Maryann Murphy Attorney-at-Law enclosure: Order cc: Thomas Diehl, Esquire Tonia Shughart Rx SERVING ADAMS, CUMBERLAND, FRANKLIN ANTI FUIXON COUNTIES EEC-13-99 WED 3:13 ;M CAPAf.EA . Capital Area Head Start December 15, 1999 Joan Carey Legal Services Inc. 8 Irvine Row Carlisle, PA 17013 FAX: 243-8026 Dear Mc Carey, .M 4MMVYry Vi dfln0. 44 Buda Street Hgnuburt. PA 17103 r. 717.2334752 FAX 717.232.8482 The following Information Is being provided to you upon request with written release of Information from Tonle Shughart, mother of Joseph Shughart. Joseph Is currently with Capital Area Head Start, Carllsie AM program. Hls attendance since the beginning of 1999.2000 school year will be reflected in this summery of absences Including reasons stated for the absences. DATE REASON 9/16/99 Sick 9121/99 Family issue 9/30/99 Dad trying to find a way to school 1018/99 Dad trying to get to school 10/12199 Sick 10/18/99 Sick - Ear Infection 10/19/99 Sick - Ear Infection 10121199 Side- Ear Infection 10/25199 Sick 11/2/99 Unknown 11/4/99 Unknown 11/8/99 Unknown 11/9/99 Unknown 11/12199 Unknown 11/18/99 Dad no transportation This informatlon includes attendance through December 10, 1999.1 hope this information will be helpful to you, Please anfadE me if?addftional Information is needed. Sir rely, Ann Tepman, LSW, ACSW Social Service Coordinator PA}. NO. 7,7?3?9,i: P. . y ?"? TONIA KAY SHUGHART, Plaintiff vs. RONALD ANDREW SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99- /N7YCIVIL, TERM PROTECTION FROM ABUSE AND CUSTODY YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein Ifyou fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A HEARING ON THIS MATTER IS SCHEDULED ON THEa AY OF MARCH, 1999, AT /r00 P .M., IN COURTROOM NO. S OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. Ifyou travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES 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 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 hpgRng of bgg10gss before the court. You must attend the scheduled conference or hearing. dL TONIA KAY SHUGHART, Plaintiff vs. RONALD ANDREW SHUGHART, Defendant IN T1fE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 99. 1474 CIVH, TERM PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: RONALD ANDREW SHUGHART Defendant's Social Security Number is: 210-48-9578 Defendant's date of birth is: 10116/72 Name of Protected Person: TONIA KAY SHUGHART AND NOW, this? day of March, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 0 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ? 2. Defendant is evicted and excluded from the residence at _ or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 3. Except for such contact with the minor children as may be permitted under Paragraph 5 ofthis Order, Defendant is prohibited from having ANY CONTACT with Plaintiffat any location, including, but not limited, to any contact at Plaintiffs current residence (except for the limited purpose of facilitating custody arrangements and transferring custody) and/or her place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs current address: 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania (except for the limited purpose of transferring custody). Plaintiffs place of employment: Ross Distribution, 1707 ShearerDrive, Carlisle, Cumberland County, Pennsylvania. ® 4. Except for such contact with the minor children as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons, except for the limited purpose or facilitating custody arrangements and transferring custody. ID 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded custody of the following minor children: Ashley Nicole Hawbaker, Joshua Randal Hawbaker, Joseph Andrew Shughart, and Amber Leanne Shughart. Until the final hearing, all contact between Defendant and the children shall be limited to the following: Defendant shall have partial custody of the children from Saturday, March 13, 1999, at 2:00 P.M. until Wednesday, March 17,1999, at 4:00 p.m. when Plaintiff shall pick up the children at Defendant's residence. Plaintiff shall have custody of the children from Wednesday, March 17,1999, at 4:00 p.m. until Saturday, March 20, 1999, at 6:00 p.m. Defendant shall have partial custody at times mutually agreed upon by the parties. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of Plaintiff in accordance with the terms of this Order. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office Ora designated local law enforcement agency for the delivery to the Sheriffs Office: D&rd3t is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiff s request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sherifffor service. The Prothonotary shall not send a copy ofthis Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by plaintiff Defendant is to refrain from harassing the minor children. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides, Carlisle Police Department, and any other agency specified hereafter: Plaintiffs place of employment (Rosa Distribution), Pennsylvania State Police. ® 9. THIS ORDER SUPERSEDES © ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDERAPPLIES E43MDIATELY TO DEFENDANTAND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C. S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa. C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection ordergranted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) ofthe Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 6 ofthis Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith he delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weaponh are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE T Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff TONIA KAY SHUGHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. CUMBERLAND COUNTY, PENNSYLVANIA . RONALD ANDREW SHUGHART, : NO. 99- 14__ 7 µ__ CIVIL TERM Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITIO=OR PROTECTION FROM ABUSE COUNT 1. The Plaintiff is Tonia Kay Shughart. 2. The name of the person who seeks protection from abuse is Tonia Kay Shughart. 3. Plaintiff's current address is 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Defendant resides at 120 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. Defendant's Social Security Number is 21048-9578. Defendant's date of birth is 10/16/72. Defendant's place ofemployment is Glen Moore Transport, Inc., 1711 ShearerDrive, Carlisle, Pennsylvania. 5. Defendant is Plaintiffs husband and the father of the parties' children. 6. Plaintiff and Defendant have been involved in the following court actions: Case name Case No. Date filed Support 99- Court Cumberland Co.-CommonPleas 7. Plaintiff seeks temporary custody of the following children: Name Ashley Nicole Hawbaker Joshua Randal Hawbaker Joseph Andrew Shughart Amber Leanne Shughan 8. Plaintiffand Defendant an Name Ashley Nicole Hawbaker Joshua Randal Hawbaker Joseph Andrew Shughan Amber Leanne Shughan Address North HanoveSt. Carlisle, PA 04105/92 ?365 North Hanover St., Carlisle, PA 01/25/94 365 North Hanover St., Carlisle, PA 08/17/95 365 North Hanover St., Carlisle, PA 04/03/98 the parents of the following minor children: An 6 years old 5 years old 3 years old I I months old 9. The following information is provided in support ofPlaintiffs request for an Order of child custody: a) Ashley Nicole Hawbaker, Joshua Randal Hawbaker, and Joseph Andrew Shughart, were bom out of wedlock. Amber Leanne Shughart was not bom out of wedlock. b) The children are presently in the custody of Plaintifft, Tonia Kay Shughan, who is temporarily residing at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. c) During the past five years, the children have resided with the following persons and at the following addresses: Persons children lived with Address Plaintiff; and her friend, Tracy When ? cY 365 North Hanover Street February 1, 1999 Moffitt, and her son, Ryan Hawbaker Carlisle, PA Plaintiff's nephew (during this period to the present Plaintiff and Defendant had a shared custody arrangement with the children) Plaintiff and Defendant 120 North East Street 1996 to Carlisle, PA February 1, 1999 Plaintiff and Defendant 822 North West Street 1994 to Carlisle, PA 1996 d) Plaintiff the mother of the children, is Tonia Kay Sbugbart, temporarily residing at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. e) She is married. 0 Plaintiff currently resides with the following persons: NM Ashley Nicole Hawbaker Joshua Randal Hawbaker Joseph Andrew Shughart Amber Leanne Shughart Tracy Moffitt Ryan Hawbaker at' hi her daughter her son her son her daughter her friend Ms. Moffitt's son, and Plaindirs nephew g) Defendant, the father of the children, is Ronald Andrew Shughart, currently residing at 120 North East Street, Carlisle, Cumberland County, Pennsylvania. h) He is married. i) Defendant currently resides alone. j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. k) Plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 1) Plaintiff does not know any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. M) The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the children since their births, and who can best take care of the minor children. 2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor children. 10. The following other minor children presently live with Plaintiff: Name Age Plaintiffs relationship to child Ryan Hawbaker 3 years old his aunt k l . The facts of the most recent incident of abuse are as follows: Approximate Date: On or about March 8, 1999 Place: Plaintiff's current residence located at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania On or about March 8, 1999, Plaintiff, who suspected that Defendant slashed her tires the day before, said to him, "I can't believe you have the nerve to come here after what you did." Although Plaintiff did not tell Defendant that her tires had been slashed, he immediately became defensive and said that he had nothing to do with her tires being slashed. Defendant's response caused Plaintiff to believe that he was following through with his threat to "total" her car by arranging for someone else to vandalize it. Plaintiff reported this incident to the Carlisle Police. 12. Defendant has committed the following prior acts of abuse against plaintiff.. a) On or about March 7, 1999, Plaintiff found that the tires on her car had been slashed. b) On or about March 5, 1999, Defendant threatened Plaintiffsaying "if I can't have the car, IT make sure it gets totaled." c) In or about mid-February 1999, when Defendant asked Plain iff to reconcile with him and she refused, he grabbed her by the arm, pulled her across the room, shoved her against the door, jerked her away from the door, opened the door and shoved her out the door. d) In or about early February 1999, Defendant threatened to kill Plaintiff; then told her that he would have someone else kill her. e) In or about December 1998, Defendant demanded that Plaintiffwash the dishes, called her "stupid, lazy fucking bitch", and threw a dinner plate at her hitting her on the foot with it. Plaintiff sustained a laceration, bruising and swelling about her foot, had difficulty walking for several days, and has a scar on her foot as a result of this incident. 0 Since approximately summer 1993, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, kicking, jerking her about, pushing her face with his hand, and throwing objects such as a dinner plate, a lighter, and cans of soda at her. In addition, Defendant poured a pitcher of water on Plaintiff while she lay in bed; grabbed her by her foot and pulled her out of bed causing her to fall on the floor; restrained her by cornering her and blocking doorways to prevent her from leaving; called her names such as "stupid, lazy, fucking bitch" on a daily basis in the presence of their children; intimidated her with threats of physical violence such as, "You won't need to worry because you won't be around", "I'm going to punch you in the face; all I'll get is a fine, and it'll be worth every penny", and "I'm gonna put you in your place." Defendant has also threatened that he would take the parties' children and Plaintiff would never see them again. Defendant has repeatedly forced Plaintiff to engage in sexual acts against her will. Since Plaintiff left Defendant on February 1, 1999, he has threatened to kill her several times, and threatened to have her killed. 13. The following police departments or law enforcement agencies in the area in which Plaintifflives should be provided with a copy ofthe Protection Order: Carlisle Police Department and Pennsylvania State Police. 14. There is an immediate and present danger of further abuse from Defendant. 15. Plaintiff is asking the Court to exclude Defendant from her current residence located at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, which is rented by Tracy Moffitt, and any other residence Plaintiff may establish for herself temporarily or permanently. 16. Plaintiff has suffered the following out-of-pocket Smancial losses as a result of the abuse described above: see attached Exhibit A, incorporated herein by reference. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Exclude Defendant from Plaintiffs current residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Require Defendant to provide Plaintiff and the minor children with other suitable housing. D. Award Plaintiff custody of the minor children subject to partial custody in Defendant according to the following schedule: Defendant will have partial custody ofthe children from Saturday, March 13, 1999, at 2:00 p.m. until Wednesday, March 17, 1999, at 4:00 p.m. when Plaintiff will pick up the children at Defendant's residence. Plaintiff will have custody of the children from Wednesday, March 17, 1999, at 4:00 p.m. until Saturday, March 20, 1999, at 6:00 p.m. Defendant will have partial custody at times mutually agreed upon by the parties. E. Prohibit Defendant from having any contact with Plaintif& either in person, by telephone, or in writing, personallyorthrough third persons, including, but not limited to, any contact at Plaintiffs place of employment, except as the Court may find necessary with respect to custody arrangements regarding the minor children. F. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. G. Order Defendant to pay the costs of this action, including filing and service fees. R Order Defendant to reimburse Cumberland County, a Legal Services, Inc funding source, $250.00 for the value ofthe legal services provided to Plaintifffor the cost of litigating this case if the case goes to hearing. Order the following additional relied not listed above. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned by Plaintiff. The Defendant is to refrain from harassing the minor children. Grant such other relief as the court deems appropriate. K. Order the police or other law enforcement agency to serve Defendant with a copyofthisPetition,any0rderissued,andtheOrder forHearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II 17. The allegations of Count I above are incorporated herein as if fully set forth. 18• The best interest and permanent welfare of the minor children will be served by confirming custody in Plaintiff as set forth in paragraph 9 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. Se q., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor children to her. Respectfully submitted, Date: 97 ^ p-.v (Jolan Carey, Attorney for intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the 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 IS Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: 7' I qq ?csn ti'h . r\ r, , T? Tonia Kay Shughart, Plainti TONIA KAY SHUGHART, : IN THE COURT Op COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99- CIVIL TERM RONALD ANDREW SHUGHART, Defendant : PROTECTION FROM ABUSE AND CUSTODY OUT-OF-POCKET LOSSES The Plaintiffrequests that the defendant reimburse her out-of-pocket losses, including but not limited to the following: Any and all expenses/costs incurred to repair and/or replace Plaintiffs property damaged and/or destroyed as a result of the incident which occurred on or about March 7, 1999. Cost to replace Plaintiffs tires $220.00 EXHIBIT A l TONIA KAY SHUGHART, Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA RONALD ANDREW SHUGHART, : N0.94-1474 CIVIL TERM Defendant : PROTECTION FROM ABUSE AND CUSTODY PROTE TYn1V ORDER Defendant's Name: RONALD ANDREW SHUGHART Defendant's Date of Birth: 10/16172 Defendant's Social Security Number. 21048-9578 Name of Protected Person: TONIA KAY SHUGHART a7A TRUE COPY FROM RECORD in TesthnM whereof, I hate Uft art o* han^ a", 44sdd9i ;.ft. r2li TM 1 AND NOW, this day of April, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The PkhitiX Tonia Kay Shughart, is represented by Joan Carey of Legal Services, Inc4 the Defendant, Ronald Andrew Shughar4 is represented by Marcus McKnight, III, of Irwin, McKnight & Hughes. The Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ? 2. Defendant is completely evicted and excluded from the residence at, or any other residence where Plaintiff may live, Exclusive possession of the residence is granted to Plaintiff: Defendant shall have no right or privilege to enter or be present on the premises. ? On_at .m.,DefendantmayentertheresidenoctoreWevehis/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs residence and/or her place of employment Defendant is specHkally ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence: 149 A Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania _ • . Plaintiffs olace of emnlovment: Ross Distribution, 1707 Shearer Drive, Carlisle, Cumberland County, Pennsylvania. IX> 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. NVt`.lt /?+ S?Iki o??pa,ea5e r'h? ofRer TN 5. Cas y el da awb gha Shughart, and u ose FA POT 0 F ghj all b folion ed ody er. ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: ? 7. Defendant is prohibited from possessing, transferring oracquiring anyotherweapons for the duration of this Order. Any weapons delivered to the sheriffunder Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. E> 8. The following additional relief is granted as authorized by §6108 of this Act: This Order shall remain, fn effect until modified or terminated by the Court and can be extended beyond its original expiration date ff the Court fords that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plalatif. . The Defendant Is to refrain from harassing the minor children. i ? 9. Defendant is directed to pay temporary support for, as follows: _, Tbis Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the I Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay S_ to Plaintiff as compensation for Plaintiffs out-of-pocket losses, which are as follows; OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary s office for the filing of this petition. ? 12. BRADY INDICATOR ? 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant ? 2. This Order is being entered after a hearing e`whichDefendant received actual notice and had an opportunity to be heard. ? 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. L 13. THIS ORDER SUPERCEDES: W ANY PRIOR PFA ORDER and © ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. AU provisions of this Order shall expire one year from the date this Order Is entered. MMa TO TAF nFffM.X1 VIOLATION OFTHIS ORDERMAYRESULTIN YOURARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO 51,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIDZFS CODE. THIS ORDER IS ENFORCEABLE IN ALL Fgrn(SO)STATES, THE DISTRICTOFCOLUMBIA,TRMAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OFTHE STATE AND NTEN77ONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECTTO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECTTO FEDERAL PROSECUTIONAND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7ofthis Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa-CS. §6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriffs Department shall maintain possession of the weapons until further Order of this Court When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to he arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police oMeer OR Plaintiff, P'laintiff's presence and signature are not required to file the complaint. If suflielent grounds for violation of this Order arc alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. TRUE COPY FROM RECORD in TestftmM whereof, I here unto sat M hand BY THE CO , and the seal of stld Court, at Caarti*. Pa. This3 •1'' day nQ ? 19& l (4a v i[ ICMck _ Pmthonotitry Edward E. G 'do, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: onil a Kay Shughart Pl arey,Attomeyfo aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 119 Ronald Andrew Shughart, efendant 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 l TONIA KAY SHUGHART, Plaintiff Vs. RONALD ANDREW SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-1474 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY Defendant's Name: RONALD ANDREW SHUGHART Defendant's Date of Birth: 10/16/72 Defendant's Social Security Number: 21048-9578 Name of Protected Person: TONIA KAY SHUGHART TRUE COPY FROM RECORD in Testirmty wherooi, I horn nto std rM ttacu said and the of Y.)Z0fsN,., P?a.q? Thl Oa / orbthonaUrY' / AND NOW, this d 7l'day of April, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The Plaintiff, Tonia Kay Shughart, is represented by Joan Carey of Legal Services, Inc.; the Defendant, Ronald Andrew Shughart, is represented by Marcus McKnight, III, of Irwin, McKnight & Hughes. The Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied 19> 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ? 2. Defendant is completely evicted and excluded from the residence at , or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? On _ at _.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. © 3. Except as provided In Paragraph 5 of this Order, Defendant Is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiff's residence and/or her place of employment. Defendant Is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence: 149 A Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania. Plaintiff's place of employment: Ross Distribution, 1707 Shearer Drive, Carlisle, Cumberland County, Pennsylvania. FX> 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. /?1h.i??e Shkll d i spa A4 J 'e rAf- o 1wed- =N rnjpir 5. Cus y chlldr Z;ru 9, da awb, ose Shughary and earn ugh all b follow ed a er. FRo.,rf oP Ike- C, j Ldtt/6. ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: ? 7. Defendant is prohibited from possessing, transferring oracquiring any otherweapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 8. The following additional relief is granted as authorized by §6108 of this Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. The Defendant Is enjoined from damaging or destroying any property owned Jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain from harassing the minor children. O 9. Defendant is directed to pay temporary support for , as follows: ,_ This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (I5) days of the date of this Order. The amount of Us temporary order does not necessarily reflect Defendant's correct support obligation, which shall bedetermined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. O 11. Defendant shall pay S_ to Plaintiff as compensation for Plaintiffs out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR ? I. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. ? 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. L 13. THIS ORDER SUPERCEDES: ® ANY PRIOR PFA ORDER and ® ANY PRIOR ORDER RELATING TO CHILD CUSTODY. ® 14. Ali provisions of this Order shall expire one year from the date this Order Is entered. VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICTOFCOLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OFTHE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECTTO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIAL The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shag enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed In the presence of the police. 23 Pa.C.S. §6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. TRUE COPY FROM RECORD In Taslimny whereof, I bare unto Sal my h&N BY THE COU , and the seal Cl szd Court at Carlisle, Pa. TMe_s2'Lday of t9 1 : a n ?1 i cMAV? ' tr- onotfanofary Edward E. G ido, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: onia Kay Shugharf, laintiff J '.j Carey, Attorney for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Ronald Andrew Shughart, efendant i f r: 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 TONIA KAY SHUGHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA vs. NO. 99- P CHI - CI VII. TERM RONALD ANDREW SHUGHART, Defendant PROTECTION FROM ABUSE AND CUSTODY YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A HEARING ON THIS MATTER IS SCHEDULED ON THE DAY OF MARCH, 1999, AT /%00 F .M., IN COURTROOM NO. S OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C. S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES 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 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 hma ng or business cup fore the court. You must attend the scheduled conference or hearing. T trr1; ! % F.. hon (717) 7854M W+ro (717) 63a-M TONIA KAY SHUGHART• IN Tim COURT OF COMMON PLEAS OF Plaintiff VS CUMBERLAND COUNTY, PENNSYLVANIA . RONALD ANDREW SHUGHART, NO no_ '( CIVII.TERM Defendant PROTECTION FROM ABUSE AND CUSTODY _T?MPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: RONALD ANDREW SHUGHART Defendant's Social Security Number is: 210-48-9578 Defendant's date of birth is: 10/16/72 Name of Protected Person: TONIA KAY SHUGHART AND NOW, thiOILV"'day of March, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. E3 2. Defendant is evicted and excluded from the residence at _ or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. FX> 3. Except for such contact with the minor children as may be permitted under Paragraph 5 ofthis Order, Defendant is prohibited from having ANY CONTACT with Plaintiffat any location, including, but not limited, to any contact at Plaintiffs current residence (except for the limited purpose of facilitating custody arrangements and transferring custody) and/or her place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs current address: 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania (except for the limited purpose of transferring custody). Plaintiffs place ofemplovment:Ross Distribution, 1707 Shearer Drive, Carlisle, Cumberland County, Pennsylvania. ® 4. Except for such contact with the minor children as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons, except for the limited purpose of facilitating custody arrangements and transferring custody. ® 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded custody of the following minor children: Ashley Nicole Hawbaker, Joshua Randal Hawbaker, Joseph Andrew Shughart, and Amber Leanne Shughart. Until the final hearing, all contact between Defendant and the children shall be limited to the following: Defendant shall have partial custody of the children from Saturday, March 13, 1999, at 2:00 p.m. until Wednesday, March 17,1999,at 4:00 p.m. when Plaintiff shall pick up the children at Defendant's residence. Plaintiff shall have custody of the children from Wednesday, March 17,1999, at 4:00 p.m. until Saturday, March 20, 1999, at 6:00 p.m. Defendant shall have partial custody at times mutually agreed upon by the parties. The local law enforcement agency in thejurisdiction where the children are located shall ensure that the children are placed in the care and control of Plaintiff in accordance with the terms of this Order. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office ora designated local law enforcement agency for the delivery to the Sheriffs Office: D&dst is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy ofthis Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff Defendant is to refrain from harassing the minor children. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides, Carlisle Pollce Department, and any other agency specified hereafter: Plaintifrs place of employment (Ross Distribution), Pennsylvania State Police. ID 9. THIS ORDER SUPERSEDES ® ANY PRIOR PFA ORDER and © ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDERAPPLIES IM MEDIATELY TO DEFENDANTANDSHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the PWntiffto Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. M arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. , Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapons arc evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY .1.1 RT Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff 11 ? ??c, ?????yYh?.tc? 'N L.S ?Y??? 't MnSt-v ..k, QsP TONIA KAY SHUGHART. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.99-_1'474 CIVIL TERM RONALD ANDREW SHUGHART, Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNTI I. The Plaintiff is Tonia Kay Shughart. 2. The name of the person who seeks protection from abuse is Tonia Kay Shughart. 3. Plaintiffs current address is 365 North HanoverStreet, Carlisle, Cumberland County, Pennsylvania 17013. 4. Defendant resides at 120 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. Defendant's Social Security Number is 21048-9578. Defendant's date of birth is 10/16/72. Defendant's place ofemployment is Glen Moore Transport, Inc., 1711 Shearer Drive, Carlisle, Pennsylvania. 5. Defendant is Plaintiffs husband and the father of the parties' children. 6. Plaintiff and Defendant have been involved in the following court actions: Case name Case No. Date filed Court Support 99- Cumberland Co: Common Pleas 7. Plaintiff seeks temporary custody of the following children: N c l x; Ashley N oo e Hawbaker 365 North Hanover St., Carlisle, PA 04/ 05 92 Joshua Randal Hawbaker 365 North Hanover St., Carlisle PA 01125/94 Joseph Andrew Shughart , 365 North Hanover St., Carlisle, PA 08/17/95 Amber Leanne Shughart 365 North Hanover St., Carlisle, PA 04/03/98 8. Plaintiff and Defendant are t he parents of the following minor children: Name Ashley Nicole Hawbaker 6 years old Joshua Randal Hawbaker 5 years old Joseph Andrew Shughart 3 years old Amber Leanne Shughart I 1 months old 9. The following information is provided in support of Plaintiffs request for an Order of child custody: a) Ashley Nicole Hawbaker, Joshua Randal Hawbaker, and Joseph Andrew Shughart, were born out of wedlock. Amber Leanne Shughart was not born out of wedlock. b) The children are presently in the custody of Plaintifft, Tonia Kay Shughart, who is temporarily residing at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. C) During the past five years, the children have resided with the following persons and at the following addresses: Persons children lived with Address When Plaintiff, and her friend, Tracy 365 North Hanover Street February 1, 1999 Moffitt, and her son, Ryan Hawbaker Carlisle, PA to the present Plaintiffs nephew (during this period Plaintiff and Defendant had a shared custody arrangement with the children) Plaintiffand Defendant 120 North East Street 1996 to Carlisle, PA February 1, 1999 Plaintiff and Defendant 822 North West Street 1994 to Carlisle, PA 1996 d) Plaintiff, the mother of the children, is Tonia Kay Shughart, temporarily residing at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. e) She is married. f) Plaintiffcuffently resides with the following persons: N= Relationship Ashley Nicole Hawbaker her daughter Joshua Randal Hawbaker her son Joseph Andrew Shughart hcrson Amber Leanne Shughart her daughter Tracy Moffitt her friend Ryan Hawbaker Ms. Moffitt's son, and PlaintifTs nephew g) Defendant, the father of the children, is Ronald Andrew Shughart, currently residing at 120 North East Street, Carlisle, Cumberland County, Pennsylvania. h) He is married. i) Defendant currently resides alone. j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. k) Plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 1) Plaintiff does not know any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. m) The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the children since their births, and who can best take care of the minor children. 2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor children. 10. The following other minor children presently live with Plaintiff: Name Awe Plaintiffs relationship to child Ryan Hawbaker 3 years old his aunt 11. The facts of the most recent incident of abuse arc as follows: Approximate Date: On or about March 8, 1999 Place: Plaintiffs current residence located at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania On or about March 8, 1999, Plaintiff, who suspected that Defendant slashed her tires the day before, said to him, "1 can't believe you have the nerve to come here after what you did." Although Plaintiff did not tell Defendant that her tires had been slashed, he immediately became defensive and said that he had nothing to do with her tires being slashed. Defendant's response caused Plaintiff to believe that he was following through with his threat to "total" her car by arranging for someone else to vandalize it. Plaintiff reported this incident to the Carlisle Police. 12. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about March 7, 1999, Plaintiff found that the tires on her car had been slashed. b) On or about March 5, 1999, Defendant threatened Plaintiff saying, "If I can't have the car, I'll make sure it gets totaled" C) In or about mid-February 1999, when Defendant asked Plaintiff to reconcile with him and she refused, he grabbed her by the arm, pulled her across the room, shoved her against the door, jerked her away from the door, opened the door and shoved her out the door. d) In or about early February 1999, Defendant threatened to kill Plaintiff, then told her that he would have someone else kill her. e) In or about December 1998, Defendant demanded that Plaintiff wash the dishes, called her "stupid, lazy fucking bitch", and threw a dinner plate at her hitting her on the foot with it. Plaintiffsustained a laceration, bruising and swelling about her foot, had difficulty walking for several days, and has a scar on her foot as a result of this incident. f) Since approximately summer 1993, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, kicking, jerking her about, pushing her face with his hand, and throwing objects such as a dinner plate, a lighter, and cans of soda at her. In addition, Defendant poured a pitcher of water on Plaintiff while she lay in bed; grabbed her by her foot and pulled her out of bed causing her to fall on the floor; restrained her by cornering her and blocking doorways to prevent her from leaving; called her names such as "stupid, lazy, fucking bitch" on a daily basis in the presence of their children; intimidated her with threats of physical violence such as, "You won't need to worry because you won't be around", "I'm going to punch you in the face; all I'll get is a fine, and it'll be worth every penny", and "I'm gonna put you in your place." Defendant has also threatened that he would take the parties' children and Plaintiff would never see them again. Defendant has repeatedly forced Plaintiff to engage in sexual acts against her will. Since Plaintifflefi Defendant on February I, 1999, he has threatened to kill her several times, and threatened to have her killed. 13. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy ofthe Protection Order: Carlisle Police Department and Pennsylvania State Police. 14. There is an immediate and present danger of further abuse from Defendant. 15. Plaintiffis asking the Court to exclude Defendant from her current residence located at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, which is rented by Tracy Moffitt, and any other residence Plaintiff may establish for herself temporarily or permanently. 16. Plaintiffhas suffered the following out-of-pocket financial losses as a result of the abuse described above: see attached Exhibit A, incorporated herein by reference. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Exclude Defendant from Plaintiffs current residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Require Defendant to provide Plaintiff and the minor children with other suitable housing. D. Award Plaintiff custody of the minor children subject to partial custody in Defendant according to the following schedule: Defendant will have partial custody ofthe children from Saturday, March 13, 1999, at 2:00 p.m. until Wednesday, March 17, 1999, at 4:00 p.m. when Plaintiff will pick up the children at Defendant's residence. Plaintiff will have custody of the children from Wednesday, March 17, 1999, at 4:00 p.m. until Saturday, March 20, 1999, at 6:00 p.m. Defendant will have partial custody at times mutually agreed upon by the parties. E. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintifrs place of employment, except as the Court may find necessary with respect to custody arrangements regarding the minor children. F. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. G. Order Defendant to pay the costs of this action, including filing and service fees. H. Order Defendant to reimburse Cumberland County, a Legal Services, Inc. funding source, $250.00 for the value ofthe legal services provided to Plaintiff for the cost of litigating this case if the case goes to hearing. 1. Order the following additional relief, not listed above: The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned by Plaintiff. The Defendant is to refrain from harassing the minor children. J. Grant such other relief as the court deems appropriate. K. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interest and permanent welfare of the minor children will be served by confirming custody in Plaintiff as set forth in paragraph 9 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.Q 5301 et. Se q., and other applicable rules and law, PlaintifrPrays this Honorable Court to award custody of the minor children to her. Respectfully submitted, Date: i ro' <. :Joan Carey, Attorney for intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that 1 am the 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. Dated: qc? Toma Kay Shughart, Plainti TONIA KAY SHUGHART, Plaintiff Ys. RONALD ANDREW SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY OUT-OF-POCKET LOSSES The Plaintiffrequests that the defendant reimburse her out-of-pocket losses, including but not limited to the following: Any and all expensesicosts incurred to repair and/or replace Plaintiffs property damaged and/or destroyed as a result of the incident which occurred on or about March 7, 1999. Cost to replace Plaintiffs tires $220.00 EXHIBIT A o- J V J rn c> r,. U r, i J TONIA KAY SHUGHART, : M THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-1474 CIVIL TERM RONALD ANDREW SHUGHART, Defendant : PROTECTION FROM ABUSE AND CUSTODY FINAL PROTECTION O -- Defendant's Name: RONALD ANDREW SHUGHART Defendant's Date of Birth: 10/16/72 Defendant's Social Security Number. 21048-9578 Name of Protected Person: TONIA KAY SHUGHART AND NOW, this *\ 7 kday of April, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The Plaintiff, Tonia Kay Shughart, is represented by Joan Carey of Legal Services, Inc.; the Defendant, Ronald Andrew ShughaM is represented by Marcus McKnight, Hl, of Irwin, McKnight & Hughes. The Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. © Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied 0 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person In any place where they might be found. ? 2. Defendant is completely evicted and excluded from the residence at, or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? On _ at _.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ® 3. Except as provided In Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs residence and/or her place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order. Plaintiffs residence: 149 A Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania. Plaintiffs place of employment: Ross Distribution, 1707 Shearer Drive, Carlisle, Cumberland County, Pennsylvania. 4. Except as provided in Paragraph 5 of this Order, Defendant shall net contact the Plaintiff by telephone or by any other means, including third parties. rl?,iM?e shall di?pa ei?e tAe offer _m ©gh5. Cus y gh childr ya?nda awb , ose er. Shu art, and earn u all (folio ed y er. F120-4 OP ice- c'xr LdttA ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: _ ? 7. Defendant is prohibited from possessing, transferring or acquiring any otherweapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 8. The following additional relief is granted as authorized by §6108 of this Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. The Defendant Is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant Is to refrain from harassing the minor children. ? 9. Defendant is directed to pay temporary support for, as follows:_. This order for support shall remain in effect until a final support order is entered by this Court However, this Order shall lapse automatically if Plaintiffdoes not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay S_ to Plaintiff as compensation for Plaintiffs out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary s office for the filing of this petition. ? 12. BRADY INDICATOR ? 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant ? 2. This Order is being entered after a hearing ofwhich Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ® 13. THIS ORDER SUPERCEDES: ® ANY PRIOR PFA ORDER and ® ANY PRIOR ORDER RELATING TO CHILD CUSTODY. ® 14. Ail provisions of this Order shall expire one year from the date this Order is entered. VIOLATION OFTHIS ORDER MAY RESULT IN YOURARREST ON THE CHARGEOF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, US. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDERTHAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrestfor violation of Paragraphs 1 through 7ofthis Order may bewithout warrant, based solely on probable cause, whether or not the violation is committed In the presence of the police. 23 Pa.C.S. §6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriffs Department shall maintain possession of the weapons until further Order of this Court. When Defendant Is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiffs presence and signature are not required to Me the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. TRUE COPY FROM RECORD gyTHECO in TestfmnY whW*0f. I here unto sot M hates and the seat of said Court at Carflsfe, Pa. 19 This 33w'-day of prothonoUty Edward E. G do, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Ionia Kay Shughar 41aintiff Carey, Attorney fo aintiff Ronald Andrew Shughart, defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 J Utv1A KAY 511VUHART, : IN THE COURT OF COMMON PLEAS OF Plalnllff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-1474 CIVIL TERM RONALD ANDREW SIIUGHART, Defendant PROTECTION FROM ABUSE AND CUSTODY ORDER OF COURT AND NOW, this Ol day of March 1999, it is hereby ordered that due to a scheduling conflict with Defendant's attorney, the Protection From Abuse Hearing scheduled for March 25, 1999, at 1:00 p.m. has been rescheduled for April 27, 1999, at 3:00 p.m. in Courtroom Number 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Temporary Protection from Abuse Order of March 15, 1999, remains in effect pending further Order of Court. BY THE COURT, 9 Edward E. Guido, Judge cc: Marcus A. McKnight, III, Esquire Attorney for Defendant _ Co- A 31-e49 y, Joan Carey, Esquire, Attorney for Plaintiff Ur SHERIFF'S RETURN - REGULAR CASE NO: 1999-01.174 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHUGHART TONIA KEY _ VS. SHUGHART RONALD ANDREW KATHY CLARKS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SHUGHART RONALD ANDREW the defendant, at 1650:00 HOURS, on the 15th day of March 1999 at 120 N. EAST ST. CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to RONALD SHUGHART a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18 00 So answers: Service Affid . 3.10 avit .00 ary! Surcharge 8.00 mas in Sfierlrfr _ 00/00/0000 by ?a e y eri Sworn and subscribed to before me this iG k' day of 711 .-?oL 19=1 A.D. \. rocnonoCary S! P -? C 1399th TONIA KAY SHUGI TART. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA v : CIVIL ACTION - LAW RONALD ANDREW SHUGHART, : NO.99-1474 C IVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this 30 r!, day of September, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. `-/ of the Cumberland County Courthouse on the IL M day of ,( /, 1999, at `i_3v_a.M. at which time testimony will be taken in the above case. At this hearing, the Father, Ronald Andrew Shughart, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, a detailed listing of the issues currently before this court, a list of witnesses who will testify on behalf of that party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least 7 days prior to the mentioned hearing date. 2. Pending further order of this court, the following temporary custody order is entered: A. The Mother, Tonia Kay Shughart, and the Father, Ronald Andrew Shughart, shall enjoy shared legal custody and shared physical custody of Joshua Randal Hawbaker, bom January 25, 1994; Joseph Andrew Shughart, born August 17, 1995; Amber Leanne Shughart, born April 3, 1998. B. Physical custody shall be handled on a four (4) day on and four (4) day off basis consistent with the schedule the parties have used over the past six months. BY THE COURT, ---/ J. Kevit.Hess cc: Joan Carey, Esq. Marcus A. McKnight, III, Esq. C,s?•m? r,t?2? le?l ? 4 9. n•I cr'? :, j ..' SC V TONIA KAY Sill IGIIART. Plaintiff RONALD ANDREW SI Ill(il IART. Dclcndunt Prior Judge: Kevin A. I less IN TI Ili COURT OF COMMON PLEAS OF ('UMlil:itI.AND ('OUN'I'Y. PENNSYLVANIA CIVIL ACTION • LAW N0.99.1474 CIVII: IN CUSTODY CONCILIATION CONFF.RF,NCF. SUMMARY RF,PORT IN ACCORDANCE WITH 771E CUMBERLAND COUNTY CIVIL. RUIX OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Joshua Randal Hawbaker, bom January 25, 1994; Joseph Andrew Shughart, bom August 17,1995; Amber Leanne Shughar4 born April 3, 1998. 2. A Conciliation Conference was held on September 24, 1999, with the following individuals in attendance: The Mother, Tonia Kay Shughart, with her counsel, Joan Carey, Esquire; and the Father, Ronald Andrew Shughart, with his counsel, Marcus A. McKnight, III, Esquire. 3. The parties have been separated since earlier this year. Mother obtained a PFA against the Father. Since their separation, the parties have been basically sharing custody on a four (4) day on four (4) day off arrangement. Father now seeks primary physical custody of all three minor children and Mother seeks the same. An agreement could not be reached and a hearing is necessary. A hearing should take one day. 4. The Conciliator recommends the entry of an order in the forth as attached. -'/ 4 9 /? 2 a V DATE ubert X ilroy, Esquire Custody Conciliator TONIA KAY SlIUMIART, Plaintiff V. RONALD ANDREW SIHJGITART I)cfcndant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 99-1474 CIVIL IN CUSTODY PRAECIPE Please enter the appearance of the undersigned for the above-captioned Defendant, Ronald Andrew Shughan. Date: a - I homas S. Diehl, Esquire 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 Please withdraw the name of the undersigned as counsel for the above-caption Defendant, Ronald Andrew Shughan. Date: C 14'qq i Marcu§ A. McKn ht, 60 West Pomfret Stree Carlisle, Pennsylvania (717)249-2353 Esquire 17013 wC n; ?.Y G? t a •iri I? !iL p- L JCL L cn rn U TONIA KAY SHUGHART, Phiintill' V. RONALD ANDREW SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF (TIMBERLAND COUNTY, PENNSYLVANIA NO. 99.1474- CIVIL TERM CUSTODY PRE-HEARING MEMORANDUM OF PLAINTIFF History of Custody Tonia Kay Shughart, hereinafter referred to as the mother, and Ronald Andrew Shughart, hereinafter referred to as the father, are the parents of Joshua Randal Hawbaker, DOB January 25, 1994, Joseph Andrew Shughart, DOB August 17, 1995, and Amber Leanne Shughart, DOB April 3, 1998. A Temporary Custody Order was entered on September 30, 1999, granting the parties shared legal custody and shared physical custody on a four (4) day on and four (4) day off schedule. The mother and father have been separated since February 1, 1999, when the father forced the mother to leave the residence. The father kept the two older children in his custody and refused to let the mother have contact with them in spite of repeated requests by the mother. The mother had the youngest child in her custody and let the father have the child each morning during the time the mother worked. The mother picked the youngest child up at 3:30 p.m. after work, but the father refused to let her have contact with the older children while at the same time asking her to return to him. The father remained home from work for approximately two and one half (2 %) weeks, and when he decided to go back to work, he agreed that the children return to their mother's custody and be in his custody on his days off. The mother, however, filed a Petition for Protection from Abuse and Custody on March 12, 1999, based on a history of abuse by the father to her including threats kill her, and stalking which had occurred after the parties separated in February, 1999. A Final Protection Order was entered by agreement of the parties on April 27, 1999. However, at that time, the parties could not agree to the entry of a Custody Order, and the court had not entered a custody provision as part of the temporary order. Father's attorney petitioned for a conciliation conference to resolve the matter of custody. The mother has never denied the father contact with the children. However, she has consistently felt that it would be in their best interest to be in her primary custody with the father having weekend periods of custody when he is not working; lbr example, three weekends out of a six week cycle. The mother feels that the shared custody schedule has been disruptive for the children and has resulted in a change in their behavior which caused her such concern for her children's well-being that she has enrolled them in counseling. II Issues I. Whether the mother is the parent who can best provide for the children's needs, including a stable environment. 2. Whether the father's failure to communicate with the mother regarding the children and his attempt to cut the mother out of decisions regarding the children makes a shared custody arrangement unworkable. 3. Whether the father's alienation of the children from their mother adversely affects them. 4. Whether it is in the children's best interest to reside primarily with their mother and their half sister, Ashley Nicole Hawbaker, DOB 4/5/92. II Witnesses: 1. Tonia Shughart The plaintiff, who is the mother of the children, is to testify as to why it is in the children's best interest that they be in her primary care, including the fact hat she is the parent who can best provide a nurturing environment for the children. She will also testify as to her concerns regarding the father's parenting 2. Roger Gutshall The plaintiff's boyfriend is to testify as to the plaintiff's ability to care and provide for the children's needs. He will also testify to concerns regarding the father's parenting. His testimony will include the children's relationship to their mother, him, and to their half-sibling. 3. Ann `rapman, Capital Area (lead Start Ms. Tapmun will testify by phone to the attendance records of Joseph Shughart. 4. Possibly a record keeper from the other children's school will be available regarding their school records. Respectfully submitted, ?Iloun Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 717-243-9400 TONIA KAY SHUGHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-1474 CIVIL TERM RONALD ANDREW SHUGHART, Defendant : PROTECTION FROM ABUSE AND CUSTODY ORDER OF COURT AND NOW, this, day of 1999, upon consideration of the attached Petition for Protection From Abuse (inclu ing custody complaint), it is hereby directed that the parties and their respective counsel appear before X 6%-\f I , EVE , t h e conciliator, at 1 Tor C u mba 1o nrt. on the day of the 1999, at 9 O 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator" AMERICANS WITH DISABILITIES ACT 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 4 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 no'! .. ??Y 59 !01. 14 H! 3: [if del TONIA KAY SHUGIIART, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Va. : NO. 99--A 4'7I CIVIL TERM RONALD ANDREW SHUGHART, Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. The Plaintiff is Tonia Kay Shughart. 2. The name of the person who seeks protection from abuse is Tonia Kay Shughart. 3. Plaintiffs current address is 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Defendant resides at 120 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. Defendant's Social Security Number is 21048-9578. Defendant's date of birth is 10/16/72. Defendant's place ofemployment is Glen Moore Transport, Inc., 1711 Shearer Drive, Carlisle, Pennsylvania. 5. Defendant is Plaintiffs husband and the father of the parties' children. 6. Plaintiff and Defendant have been involved in the following court actions: Case name Case No. Date filed Court Support 99- Cumberland Co.-CommonPleas 7. Plaintiff seeks temporary custody of the following children: Name Ashley Nicole Hawbaker Joshua Randal Hawbaker Joseph Andrew Shughart Amber Leaane Shughart 8. Plaintiff and Defendant an Address Birthdat 365 North Hanover St., Carlisle, PA 04105/92 365 North Hanover St., Carlisle, PA 01/25/94 365 North Hanover St., Carlisle, PA 08117/95 365 North Hanover St., Carlisle, PA 04/03/98 the parents of the following minor children: Name Age Ashley Nicole Hawbaker 6 years old Joshua Randal Hawbaker 5 years old Joseph Andrew Shughart 3 years old Amber Leanne Shughart 11 months old 9. The following information is provided in support of Plaintiffs request for an Order of child custody: a) Ashley Nicole Hawbaker, Joshua Randal Hawbaker, and Joseph Andrew Shughart, were born out of wedlock. Amber Leanne Shughart was not bom out of wedlock. b) The children are presently in the custody of Plainff, , Tonia Kay Shughart, who is temporarily residing at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. C) During the past five years, the children have resided with the following persons and at the following addresses: Persons children lived with Address When Plaintiff; and her friend, Tracy 365 North Hanover Street February 1, 1999 Moffitt, and her son, Ryan Hawbaker Carlisle, PA to the present Plaintiffs nephew (during this period Plaintiff and Defendant had a shared custody arrangement with the children) Plaintiffand Defendant 120 North East Street 1996 to Carlisle, PA February 1, 1999 Plaintiff and Defendant 822 North West Street 1994 to Carlisle, PA 1996 d) Plaintiff; the mother of the children, is Tonia Kay Sbughart, temporarily residing at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. e) She is married. Plaintiffcurrently resides with the following persons: Nilm Ashley Nicole Hawbaker Joshua Randal Hawbaker Joseph Andrew Shughart Amber Leanne Shughart Tracy Moffitt Ryan Hawbaker Relationship her daughter her son her son her daughter her friend Ms. Moffitt's son, and Plaintiffs nephew g) Defendant, the father of the children, is Ronald Andrew Shughart, currently residing at 120 North East Street, Carlisle, Cumberland County, Pennsylvania. h) He is married. Defendant currently resides alone. j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. k) Plainti ff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 1) Plaintiff does not know any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. m) The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the children since their births, and who can best take care of the minor children. 2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor children. 10. The following other minor children presently live with Plaintiff: Name Age Plaintiffs relationship to child Ryan Hawbaker 3 years old his aunt 11. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about March 8, 1999 Place: Plaintiffs current residence located at 365 North Hanover Street, Carlisle, Cumberland County, Pennsylvania On or about March 8, 1999, Plaintiffs who suspected that Defendant slashed her tires the day before, said to hurt, "I can't believe you have the nerve to come here after what you did." Although Plaintiff did not tell Defendant that her tires had been slashed, he immediately became defensivc and said that he had nothing to do with her tires being slashed. Defendant's response caused Plaintiff to believe that he was following through with his threat to "total" her car by arranging for someone else to vandalize it. Plaintiff reported this incident to the Carlisle Police. 12. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about March 7, 1999, Plaintiff found that the tires on her car had been slashed. b) On or about March 5, 1999, Defendant threatened Plaintiff saying, "If I can't have the car, I'll make sure it gets totaled." c) In or about mid-February 1999, when Defendant asked Plaintiff to reconcile with him and she refused, he grabbed her by tlr arm, pulled her across the room, shoved her against the door, jerked her a,. ay from the door, opened the door and shoved her out the door. d) In orabout early February 1999, Defendant threatened to kifl lain ifl; then told her that he would have someone else kill her. e) In or about December 1998, Defendant demanded that Plaintiffwash the dishes, called her "stupid, lazy fucking bitch", and threw a dinner plate at her hitting her on the foot with it. Plaintiff sustained a laceration, bruising and swelling about her foot, had difficulty walling for several days, and has a scar on her foot as a result of this incident. f) Since approximately summer 1993, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, kicking, jerking her about, pushing her face with his hand, and throwing objects such as a dinner plate, a lighter, and cans of soda at her. In addition, Defendant poured a pitcher of water on Plaintiffwhile she lay in bed; grabbed her by her foot and pulled her out of bed causing her to fall on the floor; restrained her by cornering her and blocking doorways to prevent her from leaving; called her names such as "stupid, lazy, fucking bitch" on a daily basis in the presence of their children; intimidated her with threats of physical violence such as, "You won't need to worry because you won't be around", "I'm going to punch you in the face; all I'll get is a fine, and it'll be worth every penny", and "I'm gonna put you in your place." Defendant has also threatened that he would take the parties' children and Plaintiff would never see them again. Defendant has repeatedly forced Plaintiff to engage in sexual acts against her will. Since Plaintiff left Defendant on February 1, 1999, he has threatened to kill her several times, and threatened to have her killed. 13. The following police departments or law enforcement agencies in the area in which Plaintifflives should be provided with a copy ofthe Protection Order: Carlisle Police Department and Pennsylvania State Police. 14. There is an immediate and present danger of further abuse from Defendant. 15. Plaintiff is asking the Court to exclude Defendant from her current residence located at 365 North Hanover Street, Carlisle, Cumberland Counry, Pennsylvania, which is rented by Tracy Moffitt, and any other residence Plaintiff may establish for herself temporarily or permanently. 16. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above: see attached Exhibit A, incorporated herein by reference. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Exclude Defendant from Plaintiffs current residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Require Defendant to provide Plaintiff and the minor children with other suitable housing. D. Award Plaintiff custody of the minor children subject to partial custody in Defendant according to the following schedule: Defendant will have partial custody ofthe children from Saturday, March 13,1999, at 2:00 p.m. until Wednesday, March 17, 1999, at 4:00 p.m. when Plaintiff will pick up the children at Defendant's residence. Plaintiff will have custody of the children from Wednesday, March 17, 1999, at 4:00 p.m. until Saturday, March 20,1999, at 6:00 p.m. Defendant will have partial custody at times mutually agreed upon by the parties. E. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiffs place of employment, except as the Court may find necessary with respect to custody arrangements regarding the minor children. F. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. G. Order Defendant to pay the costs of this action, including filing and service fees. K Order Defendant to reimburse Cumberland County, a Legal Services, Inc. funding source, $250.00 for the value ofthe legal services provided to Plaintifffor the cost of litigating this case if the case goes to hearing. Order the following additional relief not listed above: The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned by Plaintiff. The Defendant is to refrain from harassing the minor children. I Grant such other relief as the court deems appropriate. R. Order the police or other law enforcement agency to serve Defendant with a copy ofthis Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interest and permanent welfare of the minor children will be served by confirming custody in Plaintiff as set forth in paragraph 9 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. Se g., and other applicable rules and law, 11 1 Plaintiff prays this Honorable Court to award custody of the minor children to her. Respectfully submitted, Date: _ 3- 1,;2 - 17,7 z+-.v 0 and Carey, Attomey for 'stiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the Present action and that the facts and statements contained in the above Pctition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of Is Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: - O-n . r. -' I I t , - Toma Kay Shughart, Plaimi cl r Lr r Luq cn . al v cn a, (J TONIA KAY SI IUGIIART, IN 771E COURT OF COMMON PLEAS OI: Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : 99-1474 CIVIL RONALD A. SHUGHART, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this day of February, 2000, after hearing in this matter, it is hereby ordered and decreed that custody of the minor children involved in this action: Joshua Randal Hawbaker, born January 25, 1994; Joseph Andrew Shughart, bom August 17,1995; and Amber Leanne Shughart, born April 3, 1998, be awarded as follows: 1. The parties shall share legal custody of the minor children. 2. Plaintiff shall have primary physical custody of the minor children. 3. Defendant shall have partial physical custody of the minor children on the following schedule beginning in March 2000: a. When defendant's work shift is Saturday to Tuesday, Sunday to Wednesday, and Monday to Thursday, he shall have the minor children the Friday following these shifts at noon from day-care until Sunday at 5:30 p.m. b. When defendant's work shift is Friday to Monday, he shall have the minor children the Tuesday following this shift at noon from day-care until Thursday morning when he shall take them to school/day-care. ",I c. When defendant's work shift is Tuesday to Friday and Wednesday to Saturday, he shall have the minor children on the weekend between these shift from Saturday at 9:00 a.m. until Monday morning when lie shall take them to school/day-care. d. When defendant's work shift is Thursday to Sunday, he shall have the minor children the Monday prior to this shift and the Monday following this shift at noon from day-care until Wednesday morning when he shall take them to school/day-care. 4. The holidays of Easter and Thanksgiving shall be shared between the parties each year. In 2000 and in all even years thereafter, plaintiff shall have the children from 8:00 a.m. until 2:00 p.m. and defendant shall have the children from 2:00 p.m. until 8:00 p.m. In 2001 and in all odd years thereafter, defendant shall have the children from 8:00 a.m. until 2:00 p.m. and plaintiff shall have the children from 2:00 p.m. until 8:00 p.m. 5. Memorial Day, the Fourth of July and Labor Day shall be alternated between the parties each year. In 2000 and in all even years thereafter, defendant shall have Memorial Day and Labor Day and plaintiff shall have the Fourth of July. In 2001 and in all odd years thereafter, plaintiff shall have Memorial Day and Labor Day and defendant shall have the Fourth of July. These holiday hours shall be from 9:00 a.m. until 5:30 p.m. unless otherwise agreed by the parties. 6. The parties shall alternate having the minor children for Trick-or-Treat night and Fourth of July fireworks night each year. In 2000 and in all even years thereafter, plaintiff shall have Trick-or-Treat night and defendant shall have Fourth of July fireworks night. In 2001 and in all odd years thereafter, defendant shall have Trick-or= Treat night and plaintiff shall have Fourth of July fireworks night. 7. Christmas shall be divided into two segments. Defendant shall have the minor children each year from 9:00 p.m. on December 23rd until 10:30 p.m, on Christmas Eve. Plaintiff shall have the minor children from 10:30 p.m. on Christmas Eve until 9:00 p.m. on Christmas Day. 8. Defendant shall have the minor children on Father's Day and plaintiff shall have the minor children on Mother's Day. The hours shall be from 9:00 a.m. until 5:30 p.m, unless otherwise agreed by the parties. 9. Both parties shall have two (2) weeks of summer custody with the minor children. These weeks need not be taken consecutively, and, to the extent possible, should not interfere with the other party's regularly scheduled weekend. Each party shall give written notice of her/his chosen period of summer custody to the other by May 15`h of each year, if possible. In the event that both parties choose the same week(s) of summer custody, the party who gives first notice shall prevail. 10. Both parties shall have the opportunity to seethe minor children on their birthdays. Whichever party does not have custody on the children's birthdays shall have two (2) hours if that day is a school day, and four (4) hours if that day is not a school day. The specific times shall be agreed upon by the parties. 11. Plaintiff and defendant shall share transportation for the custody transfers, with the party receiving custody providing the transportation. 12. Whenever the minor children are taken out of the Commonwealth of Pennsylvania, the party removing them must provide the other with a telephone number and address for contact at least one (1) week prior to the trip. 13. If any of the children are taking prescription medication, the parties shall exchange this medicine with each other during the custody transfers. 14. The schedules for all holidays, vacations and special occasions shall take priority over the usual weekly schedule. 15. Both parents shall permit reasonable telephone access between the children and the other party. The children shall be permitted reasonable telephone access to place calls to each of their parents while they are with the other. Both parties shall provide the other with a current telephone number and address at all times. 16. The parties shall communicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may from time to time become necessary. 17. Plaintiff and defendant shall both encourage a close and loving relationship between the children and each of their parents. The parties shall give support to each other in their roles as "parent," and shall take into account the concerns of the other for the physical and emotional well-being of the children. It shall be the express duty of each parent to uphold the other as one whom the children should respect and love. 18. By mutual consent of the parties, a revised schedule may be agreed upon between them for and in the best interest of the minor children. 19. ']'his order of court shall replace and supersede any existing custody orders and/or agreements between the parties. 20. This order of court shall continue in full force and effect until further order of court. BY TIIE COURT, Joan Carey, Esquire For the Plaintiff Thomas S. Diehl, Esquire For the Defendant ?A. Hess, J. _ I .?COf2Gtd ?yytLt,?,[Q.ed/. z-z-ao RKg Am TONIA K. SIIUGHART IN'I'IIE ('Ol1R'1' O1: ('OMMON I'I.EAS OF PLAINTIFF ('I IMIIIiRI.ANU('OIJN'1'Y, PENNSYI.VANIA V. RONALD A. S111JOHART 99-1474 CIVIL ACTION LAW DEFENDAN'r IN ('US FODY AND NOW, this 271h day of July 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at_ 41h Floor, Cumberland County Courthouse, Carlisle on the 6th day of October , 2000, at 9:30 AM 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 permanent order. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq. Custody Conciliator r`\ 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 TONIA K. SHUGHART, IN THE COURT OF COMMON PLEAS Respondent CUMBERLAND COUNTY. PENNSYLVANIA v :No. 99.1474 Civil Term RONALD A. SHUGHART, : CIVIL ACTION • LAW Petitioner :CUSTODY ORDER OF COURT AND NOW, 20_, upon consideration of the attached Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2000_, at o'clock, 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 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. FOR THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by lavv 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. Office of the Court Administrator Cumberland County Court House, Fourth Floor Carlisle, PA 17013 (717) 240-6200 TONIA K. SHUGHART• IN TIM COURT OF COMMON PLEAS Rcspondcm CUMBERLAND COUNTY. PENNSYLVANIA v No vU-1474 Gvd'I'cnn RONALD A. SHUGHART, CIVIL ACTION - LAW Petitioner :CUSTODY PETITION TO MODIFY 1 D 1. Petitioner is RONALD A. SHUGHART, who resides at 206 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is TONIA K. SHUGHART, who resides at 153 Cedar Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. On February 2, 2000 the Honorable Kevin A. Hess entered the attached custody Order: Exhibit A. 4. Since the entry of said Order, there has been a significant change in circumstances in that: (a) Respondent mother, TONIA K. SHUGHART, and her live-in boyfriend, Roger Gutshall have been the subject of an investigation by the Cumberland County Children & Youth Services into alleged physical abuse of the children. (b) The Petitioner has seen substantial evidence himself of either alleged abuse or alleged neglect evidenced by visible physical marks, including bruising, on the children when they are returned to his physical custody per the visitation schedule. (c) The best interests of the children will be served by the Court in modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the custody Order as follows: Primary physical custody in the father with supervised visitation in the mother, schedule to be negotiated between the panics. Date: Z %ZG/o Respectfully submitted, Karl E. Rominger, Esquire Attomey for Petitioner 155 South Hanover Street Carlisle, PA 17013 Superior Court No. 81924 VERIFICATION 1 verify that the statements made in this petition are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: - -? t Ronald A. Shugha t, Petitioner rnre.s.oo TONIA KAY SI IUGI IAI('I', IN TI Ii: COURT OF COMMON PLEAS OF Plaintiff CU,11Ji?RLAND COUN'I'Y,1'ENNSYLVANIA VS. : 99.1474 CIVII, RONALD A. SHUGHAR'T, CIVII. ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this day of February, 2000, after hearing in this matter, it is hereby ordered and decreed that custody of the minor children involved in this action: Joshua Randal Hawbaker, born January 25, 1994; Joseph Andrew Shughart, born August 17, 1995; and Amber Leanne Shughart, born April 3, 1998, be awarded as follows: 1. The parties shall share legal custody of the minor children. 2. Plaintiff shall have primary physical custody of the minor children. 3. Defendant shall have partial physical custody of the minor children on the following schedule beginning in March 2000: a. When defendant's work shift is Saturday to Tuesday, Sunday to Wednesday, and Monday to Thursday, he shall have the minor children the Friday following these shifts at noon from day-care until Sunday at 5:30 p.m. b. When defendant's work shift is Friday to Monday, he shall have the minor children the Tuesday following this shift at noon from day-care until Thursday morning when he shall take them to school/day-care. Exhibit A c, When defendant's work shill is'I'ucsday to Friday and Wednesday to Saturday, he shall have the minor children un the weekend between these shill from Saturday at 9:00 a.m. until Monday morning when he shall take them to school/day-carc. d. When defendant's work shill is Thursday to Sunday, he shall have the minor children (lie Monday prior to this shift and the Monday following this shift at noon from day-care until Wednesday morning when he shall take them to school/Jay-care. 4. The holidays of Easter and Thanksgiving shall be shared between the parties each year. In 2000 and in all even years thereafter, plaintiff shall have the children from 8:00 a.m. until 2:00 p.m. and defendant shall have the children from 2:00 p.m. until 8:00 p.m. In 2001 and in all odd years thereafter, defendant shall have the children from 8:00 a.m. until 2:00 p.m. and plaintiff shall have the children from 2:00 p.m. until 8:00 p.m. 5. Memorial Day, the Fourth of July and Labor Day shall be alternated between the parties each year. In 2000 and in all even years thereafter, defendant shall have Memorial Day and Labor Day and plaintiff shall have the Fourth of July. In 2001 and in all odd years thereafter, plaintiff shall have Memorial Day and Labor Day and defendant shall have the Fourth of July. These holiday hours shall be from 9:00 a.m. until 5:30 p.m. unless otherwise agreed by the parties. 6. The parties shall alternate having the minor children for Trick-or-Treat night and Fourth of July fireworks night each year. In 2000 and in all even years thereafter, plaintiff shall have Trick-or-Treat night and defendant shall have Fourth of July fireworks night. In 2001 and in all odd years theren(tcr, defendant shall havc Trick-or-Treat night and plaintiff shall have Fourth of July fireworks night. 7. Christmas shall be divided into two segments. Defendant shall have the minor children each year from 9:00 p.m. on December 23rd until 10:30 p.m. on Christmas Eve. Plaintiff shall have the minor children from 10:30 p.m. on Christmas Eve until 9:00 p.m. on Christmas Day. 8. Defendant shall have the minor children on Father's Day and plaintiff shall have the mirror children on Mother's Day. The hours shall be from 9:00 a.m. until 5:30 p.m, unless otherwise agreed by the parties. 9. Both parties shall have two (2) weeks of summer custody with the minor children. These weeks need not be taken consecutively, and, to the extent possible, should not interfere with the other party's regularly scheduled weekend. Each party shall give written notice of her/his chosen period of summer custody to the other by May 15d' of each year, if possible. In the event that both parties choose the same week(s) of summer custody, the party who gives first notice shall prevail. 10. Both parties shall have the opportunity to see the minor children on their birthdays. Whichever party does not have custody on the children's birthdays shall have two (2) hours if that day is a school day, and four (4) hours if that day is not a school day. The specific times shall be agreed upon by the parties. 11. Plaintiff and defendant shall share transportation for the custody transfers, with the party receiving custody providing the transportation. 12. Whenever the minor children are taken out of the Commonwealth of Pennsylvania, the party removing them must provide the other with a telephone number and address for contact at least one (I) week prior to the trip. 13. If any of the children are taking prescription medication, the parties shall exchange this medicine wills each other during the custody transfers. 14. The schedules for all holidays, vacations and special occasions shall take priority over the usual weekly schedule. 15. Both parents shall permit reasonable telephone access between the children and the other party. The children shall be permitted reasonable telephone access to place calls to each of their parents while they are with the other. Both parties shall provide the other with a current telephone number and address at all times. 16. The parties shall communicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may from time to time become necessary. 17. Plaintiff and defendant shall both encourage a close and loving relationship between the children and each of their parents. The parties shall give support to each other in their roles as "parent," and shall take into account the concerns of the other for the physical and emotional well-being of the children. It shall be the express duty of each parent to uphold the other as one whom the children should respect and love. 18. By mutual consent of the parties, a revised schedule may be agreed upon between them for and in the best interest of the minor children. 19. This order of court shall replace and supersede any existing custody orders and/or agreements between the parties. 20. This order of court shall continue in full force and effect until further order of court. BY TIIE COURT, Joan Carey, Esquire For the Plaintiff Thomas S. Diehl, Esquire For the Defendant :rlnr TM copY fF^Pi ?Ff:r'FD In Tcslimnny wh .::1 .,r+, ..,I iay hand and (he seal qF said _wrt 1?C,a?rli?le,,,P3. ?.n 7D.OP ........:.... day Prrotthonotary 1 , ' I 1 yV O Y ? Sc •P8 N r CD V W .. m ? V O ?/ 71977.1171 it UId ?? /spa i 1 &"-- 155 South Hanover Street 'JUL 2 5 2000,V North Moln Street Carlisle, Pennsytvania 17013 717.241.6070 • 800.734.0490 • FAX, 717.241.6878 Chumbersburg, Pennsylvania 17201 w ..n Irgkk wmw • law®="rjaw. o • TONIA K. SIIUGIIART, : IN TIII: COURT OF COMMON PLEAS Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99.1474 Civil Term RONALD A. SIIUGIIART, : CIVIL ACTION - LAW Petitioner :CUSTODY AFFIDAVIT OF SERVICE. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) 1, Aaron D. Rossiter, hereby swear that 1 have serval a true copy of the Emergency Custody Complaint, executed by the Petitioner in the above-captioned matter, with Court Order granting temporary physical custody in the Petitioner, upon the Respondent by personal service July 25, 2000, at approximately 5:00 p.m. by handing it to an adult individual identifying himself as Respondent's boyfriend, at the Respondent's residence at 153 Cedar Street, Carlisle, Cumberland County, Pennsylvania 17013., the Respondent not being at home at the time. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to, unswom falsification to authorities. Dated: -7 G Q By: Aaron D. Rossiter V at V v y N g O V m a? o? C75 1 v/ G no»it? firr L?i?n ?("?i?h 155 South Hanover Street ti? // VV Carlisle, Pennsylvania 17013 717.441.6070 • e00.734.0490 • FAX: 717.441.6878 . www.romingalcw-d m ; law®rwjrperWw.com 1 North Main Street Chambersburg, Pennsyvania 17201 UG, .4 2000 Of , , I" ! P, 2000 TONIA K. BONAWIT%, : IN TI IE COURT OF COMMON PL[-.AS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL. ACTION - LAW RONALD A. SI ILIGI TART, NO. 99 - 1474 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this / (- day of October, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's prior Order of Custody is vacated 2. The Mother, Tonia K. Bonawitz, and the Father, Ronald A. Shughart, shall enjoy shared legal custody of Joshua Randall Hawbaker, born January 25, 1994; and Joseph Andrew Shughart, born August 17, 1995; and Amber Leanne Shughart, bom April 3, 1998. 3. The Father shall enjoy primary physical custody of the minor children. 4. The Mother shall enjoy periods of temporary physical custody of the minor children on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. commencing October 20, 2000. 5. The Mother and Father shall alternate custody on the summer holidays with the timeftame being 9:00 a.m. until 9:00 p.m. The following summer holidays shall apply: Mother shall have custody of the minor children on Labor Day and Memorial Day in odd numbered years and the Father shall have those holidays in even numbered years, and Mother shall have the minor children on July 0 in even numbered years and Father shall have the children in even numbered years. For the 40' of July, custody of the children will be from 9:00 a.m. until after the fireworks display is through. 6. Thanksgiving Day shall be split into two segments: Segment A being from 9:00 a.m. until 2:00 p.m. and Segment B being from 2:00 p.m. until 9:00 a.m. In even numbered years, Mother shall enjoy Segment A and Father shall enjoy Segment B. In odd numbered years, Mother shall enjoy Segment B and Father shall enjoy Segment A. The Christmas holiday shall be split into two segments: Segment A being from Christmas Eve at 9:00 p.m. until Christmas Day at 1:00 p.m. and Segment B being from Christmas Day at 1:00 p.m. until December 200 at 1:00 p.m. Mother shall enjoy Segment A in even numbered years and Father shall enjoy Segment B in even numbered years. In odd numbered years. Father shall enjoy Segment A and Mother shall enjoy Segment B. 8. New Years shall also be split into two segments: Segment A being from New Year's Eve at 5:00 p.m. until New Year's Day at 9:00 a.m. and Segment B being from New Year's Day from 9:00 a.m. until 9:00 p.m. Mother shall enjoy Segment A and Father shall enjoy Segment B in even numbered years while in odd numbered years Father shall enjoy Segment A and Mother shall enjoy Segment B. 9. Mother shall have custody of the minor children on Mother's Day and Father shall have custody on Father's Day. The timeframe shall be from 9:00 a.m. until 9:00 p.m. This shall supercede any other custody provision in this Order. 10. Mother will have custody of the minor children on each child's birthday. If the birthday falls on a school day, the Mother shall enjoy custody from after school (or 4:00 p.m. for non-school aged children) until 7:00 p.m. If a child's birthday is on a day when school is not in session, Mother shall have custody of the minor children from Noon until 5:00 p.m. 11. Mother shall enjoy three (3) weeks of summer vacation with the minor children. Mother shall give Father at least thirty (30) days notice of her scheduled periods of vacation. 12. The Mother shall have custody at any other times as the parties may mutually agree. Absent an agreement, this Order shall control. 13. The parties shall share the obligation of exchange of custody with the custodial parent delivering the children to the non-custodial parent's home at the beginning of the non-custodial parent's scheduled visitation time. During these exchanges of custody, Mother shall ensure that Mr. Roger Gutshall is not involved with the parties in any manner with respect to exchange of custody. 14. Each parent shall keep the other parent informed as to that parent's address and phone number and of the address and phone number where the children may be reached in case of emergency if either parent takes the children away from home overnight. 15. Neither parent shall disparage the other parent in the presence of the children. 16. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator. cc: Karl E. Rommger, Esquire io' Joan Carey, Esquire ©Y THE COURT, TONIA K. BONAWIT%, Plaintiff RONALD A. SHUGI TART, Defendant Prior Judge: Kevin A. Hess : IN THL? COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW NO.99- 1474 CIVIL. IN CUSTODY 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 children who are the subject of this litigation is as follows: Joshua Randall Hawbaker, bom January 25, 1994; and Joseph Andrew Shughart, bom August 17, 1995; and Amber Leanne Shughart, bom April 3, 1998. 2. A Conciliation Conference was held on October 6, 2000, with the following individuals in attendance: The Mother, Tonia K. BonavMz, with her counsel, Joan Carey, Esquire; and the Father, Ronald A. Shughart, with his counsel, Karl E. Rominger, Esquire. 3. The parties agree to the entry of an order in the form as attached. /lj (l 00 C/? 'y " DATE Hubert X. Gilroy, Esquire Custody Conciliator .. JUL 0 9 2001?3 TONIA K, BONAWITZ. IN'1'111i C'Olllt'1'0I' COMMON I'I.I:AS OI: Plaintiff Cl1MBIiRI.ANU C'OI IN'I'Y. PI?NNSYLVANIA CIVIL ACTION - LAW RONALD A. SI IUGI IART, NO.99 - 1474 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 10 1 day of July, 2001. upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's prior Custody Order of October 16. 2000 shall be modified to specify the Mother's periods of temporary custody with the minor children shall be as follows: A. On alternating Sundays from 10:00 a.m. until 8:00 p.m. The parties shall exchange custody in front of the Carlisle Police Station at South West Street in the Borough of Carlisle. B. At such other times as agreed upon by the parties. 2. Father is also required to provide Mother with the normal and customary information with respect to the children's schooling and health issues. 3. Any treating physician for the minor children who are the subject of this Order, are also hereby authorized to share information concerning the children with both parents without the requirements of the signing of any releases by the other parent. BY THE COURT. J. Ke n A. Hess cc: Karl Rominger Tonia K. Bonawitz Cc7a? ?? 7. /i_ o l 153 Cedar Street Carlisle, PA 17013 9- f,, TONIA K. BONA%%'I I/. I'laintill' RONALD A. Sl It I(il IAR I. D&udanl Prior Judge: Kevin A. I less IN II II: COt IR I OF COMMON PLEAS OF Cl, IMIIFRLAND COI INI'Y. PENNSYLVANIA CIVIL AC[ ION - LAW N0, 99 - 1474 CIVII IN ('1:SI01))' CONCILIATION CONFERENCF: S11MI11ARV REPORT IN ACC'ORDANC'E. WITII TfII: CUMBERLAND ('011NI'Y CIVIL RIJL(i OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the IbIlowing report: The pertinent inronnation pertaining to the children who are the suhicet oi'this litigation is as follows: Joshua Randal Hawbaker. born January 25. 1994: Joseph Andrew Shughart, born August 17. 1995. and Amber Leanne Shughart, born April 3. 1998. 2. A Conciliation Contcrence was held on July 6. 2001. with the following individuals in attendance: The Mother. 'ronya K. Bonawitz, who appeared without counsel: and the Father. Ronald A. Shughart. with his counsel. Karl Rominger. Esquire. 3. The parties agree to the entry of an order in the form as attached. f) Iq N DATE Hubert X. Gilroy. Custody Conciliar Tonia K. Bonawitz, :IN 771E COURT OF COMMON PLEAS Plaintiff :Or CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: 99-1474 CIVIL TERM Ronald A. Shughart, Defendant :CUSTODY PRAECIPE TO WITHDRAW AS CO 114. EL Having been informed by Tonia K. Bonawitz, Plaintiff, that she wishes to proceed pro se in the above captioned case and that she no longer wants MidPenn Legal Services to represent her in this matter, I, Joan Carey, MidPenn Legal Services, withdraw my appearance as attorney of record for the plaintiff Tonia K. Bonawitz. / O Date oan Carey, Attomey aMidPenn Legal Services. 8 Irvine Row Carlisle, PA 17013 it N n? I., f...,... N .1 i:4• r^ 'J[L o V I Tonia K. Bonawit7, : IN TIIE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO.99.1474 CIVIL TERM Ronald A. Shughart, Defendant :CUSTODY AND NOW, this Zf day of August , 2001, upon consideration of the attached Motion to Withdraw as Counsel, it is hereby ordered that Joan Carey and MidPenn Legal Services may withdraw its appearance as Plaintiffs counsel of record in the above captioned case. Joan Carey MIDPENN LEGAL SERVICES, INC. Attorney for Plaintiff Karl Rominger ROMINGER LAW OFFICES Attorney for Defendant By the Court, nn I;: I f ??tl?J.'QJi1 Tonia K. Bonawitz, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs :NO. 99-1474 CIVIL TERM Ronald A.Shughart, Defendant :CUSTODY MOTION TO WITHDRAWsc[nrrnn r? . Joan Carey of MidPenn Legal Services moves the Court for an Order to Wilhdr 0uBleI o.h ; •; ; the grounds that: C11 I. MidPenn Legal Services is counsel of record for the plaintiff, Tonia K. Bonawitz, in the above captioned matter. 2. In early July of 2001, Plaintiff informed MidPenn Legal Services that she no longer wished their representation in the above captioned custody case and that she intended to represent herself. 3. Plaintiff appeared pro se at a custody conciliation conference on July 10, 2001. 4. An Order was entered after a custody conciliation conference on July 10, 2001, and there is nothing pending before the court at this time. 5. Plaintiff was notified that MidPenn Legal Services would formally withdraw as her counsel of record and she verbally agreed. WHEREFORE, the plaintiff requests that the Court grant this motion and authorize MidPenn Legal Services to withdraw as Plaintiff's counsel of record. t Respectfully submitted, are y, Attorney f laintiff ENN LEGAL VICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 TONIA KAY SHOGI TART. IN'I'I Ili COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMIII:Itl,AND COIJN'FY, PI?NNSYI,VANIA VS. RONALD A. SIIUGHART, Dcfcndant/Pctitioner 99-1474 CIVIL. CIVIL ACTION - LAW IN CUSTODY IN RE: EMERGENCY PETITION TO MODIFY CUSTODY ORDER AND NOW, this day of April, 2003, it appearing that viable transportation options exist which would permit the existing custody schedule to be maintained and it appearing, further, that the change proposed in the defendant/petitioner's emergency petition would be highly disruptive for the plaintiff/respondent, the emergency petition to modify custody in this matter is DENIED. Tonia Kay Bonawitz (Shughart) Pro Se Karl Rominger, Esquire For the Defendant 0 " ,/_ / -7- 0.3 Arn BY THE COURT, TONIA K. BONAWITZ, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA. V. NO. 99 - 1474 Civil Term RONALD A. SHUGHART, Defendant/Respondent : ACTION IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Tonia K. Bonawitz, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Tonia K. Bonawitz, Petitioner, (hereinafter referred to as "Mother"), is the Plaintiff in the above-captioned matter, and is an adult individual currently residing at 19 Cold Spring Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Ronald A. Shughart, Respondent, (hereinafter referred to as "Father") is the Defendant in the above-captioned matter, and is currently residing at 638 Brandy Run Road, Newville, Cumberland County, Pennsylvania, '17241. 3. The parties are the natural parents of three children, namely: Amber Shughart, born April 3, 1998, age 11; Joseph Shughart, born August 17, 1995, age 13; and Joshua Hawbaker, born January 25, 1994, age 15. 4. The parties are subject to an Order of Court entered under the above- captioned docket number. 5. A substantial change of circumstances has occurred since the parties' prior agreement and subsequent Order because: (a) On or about July 31, 2009, the parties agreed that the two older children, Amber, and Joseph would come to live with Mother. (b) Pursuant to the oral agreement, the children have been primarily residing with Mother since July 31, 2009. (c) Mother has enrolled the children into school in her school district. (d) It is anticipated that the parties will be able to reach a mutual written stipulation in the near future, which will be filed with the Court. (e) In the event that the parties are unable to promptly finalize their agreement in a voluntary stipulation, Mother is requesting a modification of the custody based on the parties' verbal agreement. 6. Due to the following reasons, Mother is requesting that the current custody Order be modified. 7. It would be in the best interest of the children to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order do not adequately provide for the children. 8. It is believed and averred that the best interest and permanent welfare of the children will be promoted by changes proposed in this custody petition because the modification will ensure the children's well being. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the children. Respectfully submitted, Date Iar e Adams, Esquire No. 79465 West South St. lisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Petition 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: 0 f q (TTJ6nia K. Bonawitz, Petitioner l 1iZ Q ao? c?n0 .oo ?gaa3 dec. ? a- r' TONIA K. BONAWITZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1999-1474 CIVIL ACTION LAW RONALD A. SHUGHART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 18, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 25, 2009 at 10:30 AM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. GslroyEsq? 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? Telephone (717) 249-3166 lLED `4j, • it, OF P L?13 .'"')NOTARY 2004 AUG 18 PM 3: 05 `i'i+'vSY11???,?TY t AUG 312009 TONIA K. BONAWITZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW RONALD A. SHUGHART, NO. 1999-1474 Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess COURT ORDER AND NOW, this 3151 day of August, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the following TEMPORARY Order is entered: 1. The mother, Tonia K. Bonawitz, shall have temporary primary legal custody of Amber Shughart, born April 3, 1998, and Joseph Shughart, born August 17, 1995. The mother may register the children in the Carlisle Area School District. 2. The father shall continue to have primary custody of Joshua Hawbaker, born January 25, 1994, and may register that child in the Big Spring School District. 3. The parties shall meet with the Custody Conciliator for a conference on Friday, September 4, 2009, and 2:00 p.m., on the Fourth Floor of the Cumberland County Courthouse. BY THE COURT, A? Judge)(evin A. Hess cc: /sane Adams, Esquire Xr. Ronald A. Shughart RLED- 0Fl~>GE OF THE PrRij ':r)N0T,ARY 2009 AU 31 P ! 3: 18 TONIA K. BONAWITZ, Plaintiff VS. RONALD A. SHUGHART, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 1999-1474 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULES OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. This is somewhat of an emergency situation because of a school issue. The Conciliator spoke with Attorney Jane Adams, who represents the mother, and Ronald A. Shughart, who is the father in this case and who is currently unrepresented. This telephone conversation took place in the early morning, Monday, August 31, 2009. 2. The history of this case is that the father has had primary physical custody of the children. Mother suggests that father delivered the two younger children to her on July 31, 2009, and that the parties were satisfied that the two younger children would stay with mother and the older child would stay with father. Negotiations between the parties went so far as the father's then counsel preparing an agreement which father signed and which indicated that mother would have custody of the two minor children. Because of some requested changes by the mother, negotiations broke down and father refused to sign the modified agreement and demanded that the children be returned to him. The two younger children are currently with the mother who lives in the Carlisle School District. Father lives in the Big Spring School District. Carlisle refused to register the children in light of the existing Order. 3. The Conciliator recommends an Order in the form as attached. Date: August 2009 Hubert X. Gilroy, Esquire Custody Conciliator SEP 1 12009 TONIA K. BONAWITZ, Plaintiff vs. RONALD A. SHUGHART, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999-1474 IN CUSTODY COURT ORDER AND NOW, this / Y1 day of September, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that all prior Court Orders in this case are vacated and replaced with the following Order which will be TEMPORARY in nature: 1. The mother, Tonia K. Bonawitz, and the father, Ronald A. Shughart, shall enjoy shared legal custody of Amber Shughart, born April 3, 1998, Joseph Shughart, born August 17, 1995, and Joshua Hawbaker born January 25, 1994. 2. The mother shall enjoy primary physical custody of Amber and Joseph, and the father shall enjoy primary physical custody of Joshua. 3. The mother shall enjoy periods of temporary physical custody of Joshua at such times as agreed upon by the parties and as worked out with the minor child. 4. The father shall enjoy periods of temporary physical custody of Amber and Joseph as follows: A. On alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. This shall start on Friday, September 11, 2009. Exchange of custody shall be in the parking lot of the Borough of Carlisle Police Station. r 5. The parties shall retain a counselor who shall work with Amber and Joseph, upon agreement of the parties, with Joshua to identify any issues the children have relative to relationships with their parents The parents shall also be involved in these counseling sessions as requested by the counselor. It is the intention and desire of these counseling sessions that the counselor facilitate a custodial arrangement so that both Amber and Joseph will feel comfortable visiting with the father and, hopefully, that Joshua will start visiting again with the mother. Costs of the counseling sessions that are not covered by insurance shall be shared equally by the parties. The parties shall agree upon the counselor selected in this situation and, in the event the parties are unable to reach an agreement, legal counsel for the mother may contact the Custody Conciliator who may submit an amended Order designating a counselor. The counselor retained in this matter is specifically authorized to share all information concerning the counseling with both parents and with legal counsel for the parties. 6. It is acknowledged that Joshua has some issues with respect to seeing his mother and that Joseph has some issues with respect to seeing his father. It is hopeful that these issues are addressed by the counseling sessions discussed above in this Order. However, it is further noted that in the event these two boys express a strong desire not to see there parents during scheduled visitation, the terms of this Order shall not be a basis to hold a parent in contempt at this time. 7. The father shall enjoy reasonable telephone contact with Amber and Joseph while they are in the custody of the mother. Additionally, when Amber and Joseph are visiting the father, the mother shall enjoy reasonable telephone contact with them. Mother is specifically encouraged to have the children call father at various times in connection with the telephone contact requirement. A- 8. This is a temporary Order designed to implement a custodial situation that, hopefully, will work between the parties. If at any time either party desires to modify this Order, that party may notify the Custody Conciliator directly via letter that another Conciliation Conference is being requested and the Conciliator is authorized to schedule another Custody Conciliation Conference. BY THE COURT, Judge vin A. Hess cc: ? J e Adams, Esquire ,/Mr`. Ronald A. Shughart, Esquire TONIA K. BONAWITZ, Plaintiff vs. RONALD A. SHUGHART, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999-1474 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Amber Shughart, born April 3, 1998, Joseph Shughart, born August 17, 1995, and Joshua Hawbaker born January 25, 1994. 2. A Conciliation Conference was held on September 4, 2009, with the following individuals in attendance: The mother, Tonia K. Bonawitz, who appeared with her counsel, Jane Adams, Esquire, and the father, Ronald A. Shughart, who appeared without counsel. 3. Based upon the recommendation of the Custody Conciliator, the parties agree to the entry of an Order in the form as attached. Date: q--1 0 , 2009 L4- 41 1, Hubert X. Gilroy, Custody Conciliar OF THc J ?','?I},fiY 2009 SI:P i 5 Ah I i: u 4 NOV 0 ? 2009 TONIA K. BONAWITZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW RONALD A. SHUGHART, NO. 1999-1474 Defendant IN CUSTODY COURT ORDER AND NOW, this 0( day of November, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on the day of 2060 , at 1,'36 ?. m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal counsel, shall file with the Court and the opposing counsel/party, a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed by the Father or his counsel at least ten (10) days prior to the mentioned hearing date with a Response Memorandum filed by the Mother and/or her counsel at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Temporary Order of September 14, 2009, shall remain in place. Z cc: Jane Adams Esquire Mr. Ronald A'.Shrughart ifs troth ry-\ BY THE COURT, TONIA K. BONAWITZ, Plaintiff vs. RONALD A. SHUGHART, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 1999-1474 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children/child who is/are the subject of this litigation is as follows: Amber Shughart, born April 3, 1998 Joseph Shughart, born August 17, 1995 Joshua Hawbaker, born January 25, 1994 2. A Conciliation Conference was held on October 29, 2009, with the following individuals in attendance: The mother, Tonia K. Bonawitz, who appeared without counsel, and the father, Ronald A. Shughart, who appeared without counsel. 3. The Father is requesting a change in the custodial situation and indicates a desire to have Amber live with him on a permanent basis. The existing Order provides Mother with primary custody of Amber and Mother is not willing to agree on this change. 4. A hearing is required and the Conciliator recommends an Order in the form as attached. Date: October '2009 Hubert X. roy, Esquire Custody onciliator r TNT 'n NOTARY 2009 NON -5 A 11: 15 VV4?pJ.. '.iu!?VI 1 U s I`i~~~,--~ -~ 261 FED 2~ ~i ~: ~±E CLt~ ;,;; ,: TONIA K. BONAWITZ, V. FEB 2 2 20,E ~ / IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA RONALD A. SHUGHART, Defendant NO. 1999 - 1474 Civil Term ACTION IN CUSTODY ORDER OF COURT AND NOW, this Z,~'~day of ~~.- , 2010, upon consideration of the within Petition, Attorney Jane Adams, is permitted to withdraw her appearance for Tonia K. Bonawitz, regarding the above-captioned matter. BY THE COURT: ~~ J. cc: Jane Adams, Esquire ./~onia K. Bonawitz, Plaintiff Ronald A. Shughart, Defendant l E.S rn,~t l£~~~.. alp. s f tv ~'n'~ 1ANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (71.7) 245-8508 esgadamsGgmail.com TONIA K. BONAWITZ, v. RONALD A. SHUGHART, T~, .. ~:;; ~;._ _ ~R,~~~ fir tr ZJI ~ F~f3 25 ~ l~~E: ------------------- IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 1999 - 1474 CIVIL TERM IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Jane Adams, Esquire, as Attorney of record for Tonia K. Bonawitz, pursuant to Order of Court. Date: a- a~ / Respectfully Submitted: e Adams, Esquire . No. 79465 West South Street Carlisle, Pa. 17013 (717) 245-8508 CERTIFICATE OF SERVICE AND NOW, this February 25, 2010, I, Jane Adams, hereby certify that a copy of the PRAECIPE is being forwarded contemporaneously with this mailing to the following parties, by placing such in first-class mail, addressed to: Tonia K. Bonawitz 19 Cold Spring Road Carlisle, Pa. 17013 PLAINTIFF Ronald Shughart 638 Brandy Run Road Newville, Pa. 17241 DEFENDANT J e Adams, Esquire . No. 79465 1 W. South St. arlisle, Pa. 17013 (717) 245-8508 TONIA K. BONAWITZ, Plaintiff vs. RONALD A. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 1999-1474 CIVIL IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this Z "`" day of March, 2010, the petition of Ronald A. Shughart for modification of custody is DENIED. The parties are strongly recommended to undergo co- parenting counseling as there is no hope of their having a normal relationship with their children unless and until they understand the degree to which their intense animosity has affected the lives of Amber, Joseph and Joshua. BY THE COURT, Tonia K. Bonawitz, Pro Se 19 Cold Spring Road Carlisle, PA 17015 /Ronald A. Shughart, Pro Se 638 Brandy Run Road Newville, PA 17241 :rlm a ~ ~ g.s rn~. t C.~ 3~31lD ~~ ~ 4 G o a=. 'n z .~ w t±~ -c c_+ -z7 -? 3 = -i Z? STACY B. WOLF, ESQUIRE %o - N m -ap ATTORNEY ID NO. 88732 "a ' 10 WEST HIGH STREET < C) CD-rl CARLISLE PA 17013 1-T 7lff (717) 241-4436 ` ; ru 15 ATTORNEY FOR DEFENDANT - rat TONIA K. BONAWITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RONALD A. SHUGHART, : NO. 1999-1474 CIVIL TERM Defendant CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner, Ronald A. Shughart, by his attorney, Stacy B. Wolf, Esquire, and files this petition for special relief respectfully representing as follows: 1. The plaintiff is Tonia K. Bonawitz, an adult individual who resides at 19 Coldsprings Road, Carlisle, PA 17015. 2. The defendant is Ronald A. Shughart, an adult individual who resides at 638 Brandy Run Road, Newville, PA 17241. 3. The plaintiff and defendant are the natural parents of three minor children, namely: Name Present Residence Age Amber Shughart 19 Coldsprings Road 13 years Carlisle, PA 17015 D.O.B. 4/3/1998 Joseph Shughart 638 Brandy Run Roiad 15 years Newville, PA 17241 D.O.B. 8/17/1995 Joshua Hawbaker 638 Brandy Run Road 17 years Newville, PA 17241 D.O.B. 1/25/1994 4. The children are presently the subject of an Order for Custody issued September 14, 2009 by the Honorable Kevin A. Hess, providing for shared legal custody and primary physical custody of 00.00 PA AMY a' 31 NO p.d ?a6q Qgy Amber and Joseph with Mother and primary physical custody of Joshua with Father. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit "A." 5. Joseph Shughart is presently in the custody of Father and has been since May 24, 2011. 6. Joseph reported to his Father that Mother's boyfriend, Rodger Gutshall, is physically aggressive toward him including pushing him and attempting to hit him and that Joseph strongly desires to live with Father. 7. Father believes and therefore avers that it would be in the best interests of Joseph for this Court to issue an Order for Special Relief, granting temporary primary physical custody to Father and shared legal custody of the child to the parties pending the opportunity for a hearing before the Court on the permanent custody of the child. 8. Father has, simultaneously with the filing of the instant Petition, also filed a Petition for Modification of Custody with the Court. 9. Father seeks primary physical and shared legal custody of Joseph and maintains a stable household in which he could provide for the medical, educational, emotional and physical needs of the child in a stable, safe, and nurturing environment. 10. The best interests of Joseph would be served by this Court granting the relief requested herein due to the fact that the child, who is almost 16 years old, has voiced his strong desire to reside with Father and because the child's permanent welfare is at risk if he remains in the custody of Mother. WHEREFORE, Petitioner, Ronald A. Shughart, prays this Honorable Court enter a Temporary Custody Order granting temporary primary physical custody of Joseph to Petitioner/Father pending the opportunity for a hearing before the Court on the permanent custody of the child, granting periods of visitation to Respondent/Mother by agreement of the parties, and continuing shared legal custody of the child with the parties pending further Order of Court, and directing the Court Administrator to schedule an expedited hearing to address the issues raised in this matter. Respectfully Dated: MaV9 , 2011 Stacy B. W , Esquire 10 West H' Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. 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. May 2011 Ronald A. hughart SEP 1 12009 TONIA K. BONAWITZ, Plaintiff vs. RONALD A. SHUGHART, Defendant PRIOR JUDGE: Kevin A. Hess AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 1999-1474 IN CUSTODY COURT ORDER / Y1 day of September, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that all prior Court Orders in this case are vacated and replaced with the following Order which will be TEMPORARY in nature: 1. The mother, Tonia K. Bonawitz, and the father, Ronald A. Shughart, shall enjoy shared legal custody of Amber Shughart, born April 3, 1998, Joseph Shughart, bom August 17, 1995, and Joshua Hawbaker born January 25, 1994. 1 The mother shall enjoy primary physical custody of Amber and Joseph, and the father shall enjoy primary physical custody of Joshua. 3. The mother shall enjoy periods of temporary physical custody of Joshua at such times as agreed upon by the parties and as worked out with the minor child. 4. The father shall enjoy periods of temporary physical custody of Amber and Joseph as follows: A. On alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. This shall start on Friday, September 11, 2009. Exchange of custody shall be in the parking lot of the Borough of Carlisle Police Station. LI-DY?,91-r A A 5. The parties shall retain a counselor who shall work with Amber and Joseph, upon agreement of the parties, with Joshua to identify any issues the children have relative to relationships with their parents The parents shall also be involved in these counseling sessions as requested by the counselor. It is the intention and desire of these counseling sessions that the counselor facilitate a custodial arrangement so that both Amber and Joseph will feel comfortable visiting with the father and, hopefully, that Joshua will start visiting again with the mother. Costs of the counseling sessions that are not covered by insurance shall be shared equally by the parties. The parties shall agree upon the counselor selected in this situation and, in the event the parties are unable to reach an agreement, legal counsel for the mother may contact the Custody Conciliator who may submit an amended Order designating a counselor. The counselor retained in this matter is specifically authorized to share all information concerning the counseling with both parents and with legal counsel for the parties. 6. It is acknowledged that Joshua has some issues with respect to seeing his mother and that Joseph has some issues with respect to seeing his father. It is hopeful that these issues are addressed by the counseling sessions discussed above in this Order. However, it is further noted that in the event these two boys express a strong desire not to see there parents during scheduled visitation, the terms of this Order shall not be a basis to hold a parent in contempt at this time. 7. The father shall enjoy reasonable telephone contact with Amber and Joseph while they are in the custody of the mother. Additionally, when Amber and Joseph are visiting the father, the mother shall enjoy reasonable telephone contact with them. Mother is specifically encouraged to have the children call father at various times in connection with the telephone contact requirement. 8. This is a temporary Order designed to implement a custodial situation that, hopefully, will work between the parties. If at any time either party desires to modify this Order, that party may notify the Custody Conciliator directly via letter that another Conciliation Conference is being requested and the Conciliator is authorized to schedule another Custody Conciliation Conference. BY THE COURT, Judge vin A. Hess cc: ? J e Adams, Esquire . Ronald A. Shughart, Esquire OXTI 'es L?L STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT TONIA K. BONAWITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RONALD A. SHUGHART, : NO. 1999-1474 CIVIL TERM Defendant CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Defendant, do hereby certify that I have served a copy of the foregoing Petition for Special Relief upon the following individual by postage prepaid mail, addressed as follows: Tonia K. Bonawitz 19 Coldsprings Road Carlisle, PA 17015 Date: May Z-, 2011 _ r Stacy B Esquire Attornefendant C-) = era C= C? Q 2 rrI _ " M --C r -am > O CWJ STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 C- ) a-re 10 WEST HIGH STREET CARLISLE PA 17013 =' (717) 2414436 x ATTORNEY FOR DEFENDANT TONIA K. BONAWITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RONALD A. SHUGHART, : NO. 1999-1474 CIVIL TERM Defendant CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Ronald A. Shughart, by his attorney, Stacy B. Wolf, Esquire, and files this petition for modification of custody, respectfully representing as follows: 1. The plaintiff is Tonia K. Bonawitz, an adult individual who resides at 19 Coldsprings Road, Carlisle, PA 17015. 2. The defendant is Ronald A. Shughart, an adult individual who resides at 638 Brandy Run Road, Newville, PA 17241. 3. The plaintiff and defendant are the natural parents of three minor children, namely: Name Present Residence Age Amber Shughart 19 Coldsprings Road 13 years Carlisle, PA 17015 D.O.B. 4/3/1998 Joseph Shughart 638 Brandy Run Road Newville, PA 17241 15 years D.O.B. 8/17/1995 Joshua Hawbaker 638 Brandy Run Road Newville, PA 17241 17 years D.O.B.1/25/1994 70.00 P D ATtY C It 306 P-* .25929? 4. The children are presently the subject of an Order for Custody issued September 14, 2009 by the Honorable Kevin A. Hess, providing for shared legal custody and primary physical custody of Amber and Joseph with Mother and primary physical custody of Joshua with Father. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit "A." 5. Father seeks a modification of custody based upon developments that have occurred since the issuance of said custody orders. 6. Joseph Shughart is presently in the custody of Father and has been since May 24, 2011. 7. Joseph reported to his Father that Mother's boyfriend, Rodger Gutshall, is physically aggressive toward him including pushing him and attempting to hit him and that Joseph strongly desires to live with Father. 8. Father has, simultaneously with the filing of the instant Petition, also filed a Petition for Special Relief with the Court seeking temporary primary physical and shared legal custody of Joseph Shughart. 9. Father seeks primary physical and shared legal custody of Joseph and maintains a stable household in which he could provide for the medical, educational, emotional and physical needs of the child in a stable, safe, and nurturing environment. 10. The best interests and permanent welfare of Joseph would be served by this Court issuing an Order granting primary physical custody of the child to Father. WHEREFORE, Petitioner, Ronald A. Shughart, prays this Honorable Court enter an Order granting primary physical custody of Joseph Shughart to Petitioner/Father, granting periods of visitation to Respondent/Mother by agreement of the parties, and granting shared legal custody of the child to both parties and any additional relief as the Court deems appropriate. Respectfully submitted, LP?- Dated: May 0?2011 Stacy B. Wo Esquire 10 West Hip Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, do hereby verify that I am the plaintiff in this action and that the facts set forth in this petition are true and correct to the best of my information knowledge and belief. 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. May Z 'I , 2011 SEP 1 12009 6 TONIA K. BONAWITZ, Plaintiff vs. RONALD A. SHUGHART, Defendant PRIOR JUDGE: Kevin A. Hess AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999-1474 IN CUSTODY COURT ORDER / y' day of September, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that all prior Court Orders in this case are vacated and replaced with the following Order which will be TEMPORARY in nature: I. The mother, Tonia K. Bonawitz, and the father, Ronald A. Shughart, shall enjoy shared legal custody of Amber Shughart, born April 3, 1998, Joseph Shughart, born August 17, 1995, and Joshua Hawbaker born January 25, 1994. 2. The mother shall enjoy primary physical custody of Amber and Joseph, and the father shall enjoy primary physical custody of Joshua. 3. The mother shall enjoy periods of temporary physical custody of Joshua at such times as agreed upon by the parties and as worked out with the minor child. 4. The father shall enjoy periods of temporary physical custody of Amber and Joseph as follows: A. On alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. This shall start on Friday, September 11, 2009. Exchange of custody shall be in the parking lot of the Borough of Carlisle Police Station. 5. The parties shall retain a counselor who shall work with Amber and Joseph, upon agreement of the parties, with Joshua to identify any issues the children have relative to relationships with their parents The parents shall also be involved in these counseling sessions as requested by the counselor. It is the intention and desire of these counseling sessions that the counselor facilitate a custodial arrangement so that both Amber and Joseph will feel comfortable visiting with the father and, hopefully, that Joshua will start visiting again with the mother. Costs of the counseling sessions that are not covered by insurance shall be shared equally by the parties. The parties shall agree upon the counselor selected in this situation and, in the event the parties are unable to reach an agreement, legal counsel for the mother may contact the Custody Conciliator who may submit an amended Order designating a counselor. The counselor retained in this matter is specifically authorized to share all information concerning the counseling with both parents and with legal counsel for the parties. 6. It is acknowledged that Joshua has some issues with respect to seeing his mother and that Joseph has some issues with respect to seeing his father. It is hopeful that these issues are addressed by the counseling sessions discussed above in this Order. However, it is further noted that in the event these two boys express a strong desire not to see there parents during scheduled visitation, the terms of this Order shall not be a basis to hold a parent in contempt at this time. 7. The father shall enjoy reasonable telephone contact with Amber and Joseph while they are in the custody of the mother. Additionally, when Amber and Joseph are visiting the father, the mother shall enjoy reasonable telephone contact with them. Mother is specifically encouraged to have the children call father at various times in connection with the telephone contact requirement. 8. This is a temporary Order designed to implement a custodial situation that, hopefully, will work between the parties. If at any time either party desires to modify this Order, that party may notify the Custody Conciliator directly via letter that another Conciliation Conference is being requested and the Conciliator is authorized to schedule another Custody Conciliation Conference. BY THE COURT, Judge vin A. Hess cc: ? ZJT--e Adams, Esquire . Ronald A. Shughart, Esquire STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT TONIA K. BONAWITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RONALD A. SHUGHART, : NO. 1999-1474 CIVIL TERM Defendant CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Defendant, do hereby certify that I have served a copy of the foregoing Petition for Modification of Custody upon the following individual by postage prepaid mail, addressed as follows: Tonia K. Bonawitz 19 Coldsprings Road Carlisle, PA 17015 Date: May, 2011 Respectfully submitted, Stacy'B. Wol Attorney for TONIA K. BONAWITZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1999-1474 CIVIL ACTION LAW c a ' RONALD A. SHUGHART =M x IN CUSTODY - Ate, DEFENDANT -<> 3> -n ORDER OF COURT F AND NOW, Thursday, June 09, 2011 upon consideration of the attached"C V KI omplainf, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, June 29, 2011 at 10:30 AM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilro Es q. 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 17013 Telephone (717) 249-3166 l840( fv /-t Cyr lroy- p?c./io??r ?a TONIA K. BONAWITZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C-) ? c= VS. CIVIL ACTION - LAW 3 -v c- x-n MM M RONALD A. SHUGHART, NO. 1999-1474 -vrn Defendant IN CUSTODY ter, !J C)°(:S x cs PRIOR JUDGE: Kevin A. Hess 2 a = °x © Sm COURT ORDER -< AND NOW, this b ~ day of 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of September 14, 2009 shall remain in effect subject to the following modifications: 1. The father, Ronald A. Shughart, shall enjoy primary physical custody of the minor child, Joseph Shughart, born August 17, 1995. The father shall continue to have primary custody of Joshua Hawbaker born January 25, 1994, and the mother shall continue to have primary physical custody of Amber Shughart, born April 3, 1998. 2. The mother's periods of temporary physical custody of Joshua and Joseph shall be at such times as agreed upon by the parties and as worked out with the minor children. 3. The father's periods of temporary physical custody of Amber shall be consistent with paragraph 4 of the September 14, 2009 Order. 4. Except as set forth above, all other provisions of the September 14, 2009 Order shall remain in place. 5. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled before the custody Conciliator. BY THE COURT, cc: / Ms. Tonia K. Bonawitz ? Stacy B. Wolf, Esquire Cad; es ywa. l eel -)/-7/it 4, L Ju e Kevin A. Hess TONIA K. BONAWITZ, Plaintiff VS. RONALD A. SHUGHART, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999-1474 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Amber Shughart, born April 3, 1998, Joseph Shughart, born August 17, 1995, and Joshua Hawbaker born January 25, 1994. 2. A Conciliation Conference was held on June 29, 2011, with the following individuals in attendance: The mother, Tonia K. Bonawitz, who appeared without counsel, and the father, Ronald A. Shughart, with his counsel, Stacy B. Wolf, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: L , 2011 Hubert X. Gilroy squire Custody Conc' ator