HomeMy WebLinkAbout99-05986
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J r Y I(„ , EDWARD J; , WEINTRAUB
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(717) .239&2200 FAX (717) 230-9280 ?t
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GARY SHUMAN, * IN THE COURT OF COMMON PLEAS
Plaintiff, " CUMBERLANDCOUNIY,PENNSYLVANIA
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VS. " NO. f S?l?(0 OAA?Zt
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TRUDY SHUMAN, * CIVIL ACTION - LAW
Defendant. * CUSTODY
ORDER OF COURT
AND NOW, this \a day of (?y,\--, 1999, upon consideration of the
attached complaint it is hereby directed that the parties and their respective counsel
appear before 1\(k) 1 anc- Esquire, the Conciliator, at
3oas,1 }, Pennsylvania, on'?5 the 9 day of ')Li
1999 at o'clock, O.m., for a Pre-Hearing 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 a temporary order.
Either party may bring the child who is the subject of this custody action to the
conference, but the children's attendance is not mandatory. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order.
FOR THE COURT:
Custody Conciliator L )
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
1 COURTHOUSE SQUARE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
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GARY SHUMAN,
Plaintiff,
VS.
TRUDY SHUMAN,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY,PENNSYLVANIA
" NO.
" CIVIL ACTION - LAW
" CUSTODY
AND NOW, Plaintiff, Gary Shuman, by and through his attorney, Edward
J. Weintraub, Esquire, files a Complaint For Custody against Defendant Trudy Shuman,
and in support thereof, avers the following:
1. Plaintiff is Gary Shuman , Father, who currently resides at RD 1,
Box 123 F, Loysville, Pennsylvania 17047.
2. Defendant is Trudy Shuman , Mother, who currently resides at
6225 Stanford Court, Mechanicsburg, Pennsylvania 17055.
3. Plaintiff seeks custody of the following child:
NAME Present Address [
Jacie Shuman 6225 Stanford Court, Mechanicsburg, Pennsylvania 4
4. The child was not born out of wedlock.
5. The child, Jacie Shuman, is presently in the custody of Mother,
Turdy Shuman, who currently resides at 6225 Stanford Court, Mechanicsburg,
Pennsylvania.
6. During the past four (4) years, the child, Jacie Shuman, resided
with the following persons at the following addresses:
Persons Address Data
Father & Mother Loysville, PA Birth until January 29, 1999
Mother Mechanicsburg, PA January 29, 1999 to present
7. The Mother of the child is Trudy Shuman, who currently resides at
6225 Stanford Court, Mechanicsburg, Pennsylvania.
8. The Father of the child is Gary Shuman, who currently resides at
RD 1, Box 123 F, Loysville, Pennsylvania.
9. The parties are married.
10. The relationship of Plaintiff to the child is that of Father. Plaintiff
currently resides with the following person:
None
11. The relationship of Defendant to the child is that of Mother.
Defendant currently resides with the following persons:
Jacie Daughter
12. Plaintiff and Defendant have not participated as a party or witness,
or in another capacity, in other litigation concerning the custody of the child in this or
another court.
13. Plaintiff and Defendant have no information of a custody
proceeding concerning the child pending in a court of this Commonwealth.
14. Plaintiff and Defendant do not know of a person not a party to the
proceedings who has physical custody of the child or claims to have custody or
visitation rights with respect to the child.
15. The best interests and permanent welfare of the child, Jacie
Shuman, will be served by granting the relief requested, inlet Ab, because the Plaintiff
Father has been one of the child's primary caretakers.
16. Each parent whose parental rights to the child have not been
terminated and the persons who have physical custody of the child have been named
as parties to this action. All other persons, named below, who are known to have or
claim a right to custody or visitation of the child will be given notice of the pendency
of this action and the right to intervene.
Name Address Basis of Claim
NONE
WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an
Order granting him shared legal custody and primary physical custody, with Defendant
Mother to have liberal partial physical custody.
Respectfully Submitted,
Edward . Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
Attorney ID. #17441
ATTORNEY FOR GARY SHUMAN
Dated:
VERIFICATION
11 , hereby swear and affirm that the facts
i I v are
contained in the foregoing (f _/ f jA/ C , ' 1 Q
true and correct and are made subject to the penalties of 18 PaPa0904
relating to unsworn falsification to authorities.
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GARY SHUMAN, ' IN THE COURT OF COMMON PLEAS
Plaintiff, • CUMBERLANDCOUNTY,PENNSYLVANIA
VS. NO. 99-6986
TRUDY SHUMAN, ` CIVIL ACTION - LAW
Defendant. ' CUSTODY
CERTIFICATE OF SERVICE
I, Emily A.Vislocky, Legal Assistant to Edward J. Weintraub, Esquire,
hereby certify that on October 27, 1999, 1 served a true and correct copy of a
Complaint for Custody filed on October 13, 1999, upon Trudy Shuman,
Defendant, by depositing same, postage pre-paid, certified, restricted delivery,
return receipt requested in the United States Mail, Harrisburg, Pennsylvania,
addressed as follows:
Trudy Shuman
6225 Stanford Court
Mechanicsburg, PA 17055
Date: U l.(,
ily A. islocky
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JAN 2 1 2000
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1. LEGAL CUSTODY
1. The parties hereby agree to share legal custody of their minor child,
Jacie Shuman, d.o.b. March 23, 1995. All decisions affecting the child's growth
and development including, but not limited to: choice of camp, if any; choice of
day care provider; medical and dental treatment; psychotherapy, psychoanalysis,
or like treatment; decisions relating to actual or potential litigation involving the
child, directly or as beneficiary, other than custody litigation; education, both
secular and religious; scholastic athletic pursuits and other extracurricular
activities; shall be considered major decisions and shall be made by the parents
jointly, after discussion and consultation with each other and with a view towards
obtaining and following a harmonious policy in the child's best interest.
2. Each party agrees to keep the other informed of the progress of the
GARY SHUMAN,
Plaintiff
VS.
TRUIff SHUMAN,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-5986 CIVIL TERM
CIVIL ACTION-LAW
ORDER
AND NOW, this Z15 day of 1'ZM L , 2000, upon receipt of the
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Conciliator's Report, it appearing that the parties have reached an agreement which was dictated
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in their presence and approved by them and their counsel, it is hereby ordered and directed as
follows:
child's education and social adjustments. Each party agrees not to impair the
other party's right to shared legal or physical custody of the child. Each party
agrees to give support to the other in the role as parent and to take into account
the consensus of the other for the physical and emotional well-being of the child.
3. While in the presence of the child, neither party shall make or permit
any other person to make, any remarks or do anything which could in any way be
construed as derogatory or uncomplimentary to the other parent. It shall be the
express duty of each parent to uphold the other parent as one whom the child
should respect and love.
4. It shall be the obligation of each parent to make the child available to
the other in accordance with the physical custody schedule and to encourage her
to participate in the plan hereby agreed and ordered.
5. Each party shall have the duty to notify the other of any event or
activity that could reasonably be expected to be of significant concern to the other
parent.
6. The parents shall communicate directly with one another concerning
any parenting issue requiring consultation and agreement and regarding any
proposed modifications to the physical custody schedule, which may from time to
time become necessary, and shall specifically not use the child as a messenger.
Furthermore, neither parent shall discuss with the child any proposed changes to
the physical custody schedule, or any other issue requiring consultation and
agreement, prior to discussing the matter and reaching an agreement with the
other parent.
7. With regard to any emergency decisions which must be made, the
parent with whom the child is physically residing at the time shall be permitted to
make the decision necessitated by the emergency without consulting the other
parent in advance. However, that parent shall inform the other of the emergency
and consult with him/her as soon as possible. Day to day decisions of a routine
nature shall be the responsibility of the parent having physical custody at the time.
8. Each parent shall be entitled to complete and full information from any
doctor, dentist, teacher or authority and have copies of any reports given to them
as a parent. Such documents include, but are not limited to, medical reports,
academic and school report cards, birth certificates, etc. Both parents may and are
encouraged to attend school conferences and activities. Both parents shall be
listed with the school as the party to be contacted in the event of an emergency
and to be notified regarding school events. Both parents will be provided with
copies of report cards and all notifications of major school events.
9. Neither parent shall schedule activities or appointments for the child
which would require their attendance or participation at said activity or
appointment during a time when she is scheduled to be in the physical custody of
the other parent without that parent's express prior approval.
10. The parties hereby acknowledge that they have discussed and jointly
made the following decisions:
a. The parties agree that Ryder Barnes & Cordon Pediatrics will
continue to be the child's pediatrician and accordingly, will provide
medical treatment to the child when necessary.
b. The parties acknowledge that the child's legal name is Jacie Lynn
Shuman and that she shall be known by this name for all purposes. The
parties agree that they will instruct their respective families and friends
that the child should not be referred to by any other name.
IL PHYSICAL CUSTODY
The parties shall share physical custody under the following schedule:
1. Mother shall have primary physical custody of the minor child subject
to periods of partial custody during the school year with Father as follows:
a. On a rotating schedule whereby Father shall have two weekends in
a row followed by one weekend with Mother and then followed by two
weekends in a row with Father. This shall continue thereafter throughout
the school year. This rotating schedule shall commence with Mother
having the weekend of January 21, 2000. The schedule shall be that on
Father's weekends, he shall have the child from Friday at a time to be
confirmed by him no later than 12:00 noon on that day, such that he can
either pick up the child from day care or the Mother's residence, or other
arrangements whereby the parties share the transportation in the event that
Father's work causes him to be in an area that is not convenient to the day
care or Mother's residence, to Sunday at 7:00 p.m. On Sundays, the
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parties agree to share the transportation and meet half-way at a point to he i
agreed upon.
b. On Wednesday evenings for a three (3) hour period. Father shall
notify Mother by 12:00 noon if he intends to pick the child up directly
from day care. Otherwise, he shall pick up the child at Mother's residence
by 5:00 p.m., and shall return the child to Mother's residence no later than
8:00 P.M.
2. The parties shall alternate the major holidays, those holidays being
defined as Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving.
This alternating schedule shall commence with Father having Easter in 2000. The
Easter holiday shall commence at 5:00 p.m. on the Thursday preceding Easter
until 7:00 p.m. on Easter Sunday. The Memorial Day and Labor Day holidays
shall also include the entire weekend. The Fourth of July holiday, if it occurs on a
Friday or Monday, shall include the entire weekend, and if it is not on a Friday or
Monday, shall be from the evening before until 10:00 p.m. on July 0. The
Thanksgiving holiday shall be from Wednesday preceding Thanksgiving at 5:00
p.m. until the Friday following Thanksgiving at 7:00 p.m.
In addition, there may be some Monday holidays throughout the school
year. The Monday holidays shall be included with the weekend visitation periods
of time such that the party shall retain the child through the holiday until the
evening or that holiday. '['his provision applies assuming that the parent has the
day off from work and can olherwise be uvai[able lbr the child. I f the parent is
not able to be off from work and the other parent is available, the child shall be
with the parent who is available.
3. Mother shall have the child for Mother's Day weekend; Father shall
have the child for Father's Day weekend. These periods of time shall be from
Friday at 5:00 p.m. until Sunday at 7:00 p.m.
4. Christmas shall be broken into two segments. Segment A shall be from
December 23`d at 5:00 p.m. until Christmas Day at 12:00 noon; Segment B shall
be from Christmas Day at 12:00 noon until December 27`h at 7:00 p.m. Mother
shall have Segment A in 2000 and all even years thereafter and Segment B in
2001 and all odd years thereafter. Father shall have Segment A in 2001 and all
odd years thereafter and Segment B in 2000 and all even years thereafter.
5. In all instances where the pick up time is at 5:00 p.m., Father has the
right to pick up the child earlier from the day care provider, provided that he
notifies Mother by noon of that day that he intends to pick up the child from the
day care provider. In the event that Father is not working in an area that is
convenient to the day care provider or Mother's residence, the parties shall make
an arrangement to share the transportation on those days.
6. During the summer months, the parties shall share the custodial
arrangement with the child in accordance with the following:
a. The parties shall alternate the weeks of the summer vacation. The
exchange time shall be on Sunday at 7:00 p.m. This alternating week
schedule shall commence with Father having the first Sunday following
the first full week after the child is released from school. The schedule
then shall alternate on a weekly basis thereafter through the summer
except that in all cases, Mother shall have the last four full days prior to
the commencement of school in the fall.
7. The parties have negotiated the custody and partial custody portions of
this Order based upon existing circumstances, and in particular, based upon
Mother's residence in Cumberland County, Pennsylvania, and Father's residence
in Perry County, Pennsylvania. If either party desires to establish a residence
more than twenty-five (25) miles from his or her present residence, he or she shall
give the other parent at least ninety (90) days written notice in advance of the
proposed move, in order to give the parties the opportunity to confer, prior to the
relocation, and to establish a mutually satisfactory arrangement as to custody and
partial custody in light of the changed circumstances. In the event that the parties
are unable to reach an agreement, then the Court of Common Pleas of
Cumberland County shall have jurisdiction over them to fashion an appropriate
custody/partial custody order.
8. Both parties agree that if they are unavailable as a result of work or
otherwise for extended periods of time while the child is in their custody, they
shall provide the other with the right of first refusal to provide care for the child.
9. Such other times as the parties may agree.
Edward J. Weintraub, Esquire
John J. Connelly, Jr., Esquire
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BY THE COURT,
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GARY SHUMAN, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. )
NO. 99-5986 CIVIL TERM
TRUDY SHUMAN, )
Defendant ) CIVIL ACTION-LAW
JUDGE PREVIOUSLY ASSIGNED: None.
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child(ren) who is(are) the subject of this .
litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Jacie Shuman
March 23, 1995
2. A Conciliation Conference was held on January 14, 2000, and the following
individuals were present: the Plaintiff and his attorney, Edward J. Weintraub, Esquire; the
Defendant and her attorney, John J. Connelly, Jr., Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiffs position on custody is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent child(ren): Neither party requested.
8. Need for independent psychological evaluation or counseling: None requested and the
Conciliator does not believe any is necessary.
Date: January 20, 2000 jj t-
Mic ael L. Bangs
Custody Conciliator