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HomeMy WebLinkAbout99-07243 J. i, THE COURT OF COMMON PLEAS OF CHALRES E. HALL, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 99-7243 CIVIL ? LEANN M. SHEALER, : CIVIL ACTION - AT LAW Defendant : IN CUSTODY ' f PROPOSED CUSTODY ORDER AND NOW, comes the Defendant, Leann M. Shealer, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully submits the following suggested order of custody. I. Physical Custodv/Vistiation The Mother shall have primary physical custody of the children. The Father shall have partial custody of the children pursuant to the following schedule: (a) Summer Every year, the parties shall exchange custody of the children from Mother to Father on the Sunday following the last day of school prior to summer vacation, except that in 2000, due to Mother's wedding which is scheduled to take place on May 27, 2000, the parties shall exchange custody on May 28, 2000 on which date Mother will deliver the children to Father's residence. Every year, the parties shall again exchange custody of the children from Father to Mother on the second day prior to the date the children resume school in the fall. Mother shall notify Father of the first and last dates of school immediately upon receipt of such information from the school district. (b) Christmas Every year, the parties shall exchange custody of the children from Mother to Father, the first day following the last day of school prior to Christmas break. The parties shall again exchange custody of the children from Father to Mother on the day prior to the date school resumes following Christmas break. Mother shall notify Father of the dates of Christmas vacation upon receipt of such information from the school district. (c) Additional Visitation Father shall be entitled to liberal visitation while in Mississippi provided that Mother is given reasonable notice and the children do not miss school.. The Father may exercise additional periods of visitation with the children at such other times as the parties may mutually agree. 2, I.eeal Custody The parties shall share legal custody of the children jointly. They shall consult with each other relative to all important decisions concerning the children, including such matters as health, education, and religion. Therefore, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the children. Each of the parties shall have access to all the children's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the children's health and education progress. 3. Transportation The parties agree that transportation to and from their residences shall be shared equally as follows: the parties shall select a public restaurant or other facility located approximately halfway point between their residences and schedule a general meeting time on the dates custody is to be exchanged. 4. Alcohol and Drops During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 5. Notice of Illness If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the children, he or she shall promptly notify the other party of said circumstances. 6. Telephone Contact with Children Both Parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the children or by the other party regarding the children. Disaaraain2 Remarks Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the children, such as those that might tend to alienate the affections of the children toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the children. 8. Supersedeas of Prior Court Orders This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. 9. Contempt/Attorney's Fees Should either party be found in Contempt of Court for breaching this agreement, the breaching party shall be responsible for all attomey's fees incurred by the non-breaching. 10. Modification Any of the provisions of this Agreement may be modified or deleted upon mutual written consent/agreement of both parties or upon Petition to the Court for Modification. WHEREFORE, the Defendant requests the above proposed order to be adopted by the court. RESPECTFULLY SUBMITTED: BY: Jeanne . Costopoulos, Esquire ATTORNEY FOR DEFENDANT 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 DATED: /zrlld CHALRES E. HALL, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 99-7243 CIVIL LEANN M. SHEALER, CIVIL ACTION - AT LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John H. Broujos, Esquire 4 North Hanover Street Carlisle, PA 17013 BY: JeanneA. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 DATED: Z d? COSTOPO UL OS & WELCH Attorneys 1400 North Second Street Harrisburg, PA 17102 Jeanne R. Costopoulos, Esquire Telephone: (717) 221-0900 Allen C. Welch, Esquire Facsimile: (717) 221-0904 Sharon L. Reisinger, Parak al E-mail: jbu-acitCezonline.com April 25, 2000 The Honorable Kevin A. Hess Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Hall v. Shealer 99-7243 Civil Dear Judge Hess: Pursuant to your order dated March 31, 2000, the enclosed proposed order regarding custody is submitted on behalf of my client, Leann M. Shealer. Sincerely yours, Jea 6 o is opoulos, Esquire CC: John Broujos, Esquire Leann M. Shealer File CHARLES E. HALL, Plaintiff V. LEANN M. SHEALER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7243 CIVIL TERM CIVIL ACTION - LAW CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 31st day of March, 2000, after hearing, it is ordered and directed that the parties hereto shall share legal custody of the children, Terrence M. Hall, born September 30th, 1987, and Brandon T. Hall, born June 22nd, 1990. Primary physical custody of said children during the school year is awarded to their mother, LeAnn M. Shealer. The father shall enjoy rights of partial custody during the holidays and during the summertime. The parties to submit proposed schedules in this regard. By the Court, ///e Kev' A. Hess, J. John Broujos, Esquire For the Plaintiff Jeanne Costopoulos, Esquire For the Defendant :mae Fc 1\5iLV;'11,A 03/31/2000 08:32 AM +1 804 379 5919 'J SCIENTIFIC TESTING LABORATORIES INC. 463 Southlake Blvd., Richmond, Vii 23236 Telephone: 804.378.9130 Facsimile: 804.379.5919 Professional Drug and Alcohol Abuse Testing Facilities Account #: 4708 ATTN: LYLE M HERR PO BOXL592(CCUMBERLAND CRT&HSE)PT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 RESULTS OF CONTROLLED SUBSTANCE TEST 2 of5 Participant Name: HALL CHARLES E Sample Status: NEGATIVE Identification #: 179-92-0820 Date Collected: 03/27/2000 Requisition #: 1978067 NONE ASSIGNED Time Collected: Date Received: NOT GIVEN % % Accession #: ate Reported: D 2000 31 03 Reason for Test: RANDOM Agent: MCKENRICK Class or Analyte AMPHETAMINES BARBITURATES BENZODIAZEPINES CANNABINOIDS COCAINE ETHANOL OPIATES PHENCYCLIDINE Validity Test ----------------- CREATININE SPECIFIC GRAVITY PH Screen confirmation Result Cut-Off ----- Cut-Off ------------ ---------------- NEGATIVE VE ----- ---- 1000 200 - ng/mL ng/mL 1000 200 ng/mL ng/mL NEGATI NEGATIVE 200 ng/mL 200 ng/mL NEGATIVE NEGATIVE 20 300 ng/mL n /mL g 20 300 ng/mL ngg/mL e NEGATIVE 0.05 3 g 0.05 3 g ls NEGATIVE 25 ng/mL 25 ng/mL Result -- --------------------- NORMAL i? 20 mg/dL NORMAL ? 1.003 NORMAL 3.1 - 10.9 3I3i/W ?-f i i i Attestation: I hereby certify that I performed, or had the above laboratory analysis performed directly under my supervisiot as described on this report, as an empLoyse of and within the laboratory and facilities of Scientific Testing Laboratories, Incorporated, and that the above report is a true and accurate record of the results of the analysis. CERTIFYING SCIENTIST: PAULETTA A. SHOCKLEY, BS Scientific T.08ting Laborat.O 463 Southlake Ihndeeard • Richlnond, VA 23236 @ 804/373.9130 COPY WhLZRLAND COUNTY-AW-P F'GF' DEFT SPECIMEN I.D. NUMBER NAME PO EOX 592 (CUMBERL AND CRT HB'c ) CLIENT - ADDRESS CARLISLE PA 17001 illllllllllllllllilllflllllillllllilllillllll INFORMATION LYLE M HERk PHONE 717-Fc4Q-6'?7f' ACCOUNT 4%ug iS78U:. NAME ??FI /-. //R4?c VERIFIED PICTURE I.D. DONOR SU ERVISOR - X79-G-2G}G BY: LL f OTHER - SOCIAL SECURITY OR I.D. NUMBER : CHECK THE APPROPRIATE PANEL: T 1 3 PANEL SCREEN ? 3 LSO S 111111111111 111111111111111 111111111111111 S CONFIRM FOG: 5. y 8 PAi•iEL SCREEN 4 T . 2. S 116111111111 Iliillllllillil IIIIIII111111lI ? 1. PRE-EMPLOYMENT I have read the temperature of ?'2. RANDOM the sped? n within 4 minutes: REASON ? 3. POST-ACCIDENT ? 4. PERIODIC MEDICAL TEMPERATURE ©- ES [:1 NO Temperature Is within range of _- < FOR.. ? S. REASONABLE CAUSE OF THE 32 - 39°C 190 - 100°F TESTING 6. OTHER (Specify) F-1 SPECIMEN 0 YES ? NO If not, record temperature here: /r/c? AGENTA: 7 • C L n COMMENTS I certify that I voluntarily consent to the collection and testing of my specimen, that the urine specimen Identified on this form is my own, it is fresh and has not been adulterated in any manner. I certify that I provided my urine specimen to the collector, that the specimen bottle was sealed in my presence and that the information -'. DONOR . provided on this form and on the label affixed to the specimen bottle is correct. I further authorize the laboratory 'i CONSENT/ to release the results of this testing to my employer, prospective employer, outhoriz d personnel or medical CERTIFICATION review officer. /? (PRINTED) DONOR'S NAME SIGNATURE OF DdNOR DATE I certify that the specimen identified on this form is the specimen presented to me by the donor providing the certification above, and that it bears the same identification number on this form and it has been collected, COLLECTOR labeled and sealed in the donor's presence. I hereby release this specimen for transport-to the laboratory. CERTIFICATION 'er at, (PRINTED) COLLECTOR'S NAME "SIGNATURE OF COLLECTOR DATE LABORATORY I certify that the specimen bottle received wun mis Torm Dears me some laennucunon nuoiuu, un uus iuno unu CERTIFICATION was received in a sealed bag with the bottle seal Intact. FOR LAB USE ONLY . (PRINTED) LAB ACCESSIONER'S NAME SIGNATURE OF ACCESSIONER DATE r SPECIMEN BOTTLE SEAL 77 ^ C-') to Donor ID N OR SS p W 1! 1111111111111111111111i111111111111111111611 1976067 ?. DATE 0 ONORS INITIALS CHARLES E. HALL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs CIVIL DIVISION - LAW LEANN M. SHEALER NO. 99 99. 7-2 `1J. C'u l Defendant CUSTODY ORDER OF COURT AND NOW, this C67 day of DeC_ 1999, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Conciliator, at 39 W. Main Street, 1006 Mechanicsburg, PA 17055, on the`0 day of }999; at e , OO , .m., for a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child'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: BY: Z5wk\, dl. 61 m\ t ? . Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 - ?tit r,. t v J /? /y. ?f?' Cam' • ? ? .x?.?.KKas'?u 4?'"?' .c Tl '" _ 49 CHARLES E. HALL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs CIVIL DIVISION - LAW LEANN M. SHEALER NO. 99 Defendant CUSTODY NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717 - 240-6200 CHARLES E. HALL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs CIVIL DIVISION - LAW LEANN M. SHEALER NO. 99 7.2 Y3 7-e, Defendant CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, by and through his attorneys, Broujos & Gilroy, P.C., and avers as follows: I. Plaintiff is Charles E. Hall an adult individual residing at 231 Marlette Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Leann M. Shealer an adult individual residing at 46 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children, last known to have been taken from Carlisle by Defendant to Macomb, Mississippi, with no street address available. • Terence M. Hall was bom September 30, 1987. Brandon T. Hall was bom June 22, 1990. • The children were bom out of wedlock. • The children are presently in the custody of Defendant. Defendant was last known to reside at 46 North West Street, Carlisle, Cumberland County, 17013. • During the past five years, the children have resided with the following persons and at the following addresses: 1 1, Person Address Dates Leann M. Shealer 46 North West Street, Carlisle, PA 17013 1994 to present & male companions Charles E. Hall & 231 Marlette Drive, Mechanicsburg, PA Sep 1999,3 weeks Tonya Martin • The mother of the children is currently residing at Macomb, Mississippi • She is not married to Plaintiff. • The father of the children is currently residing at 231 Marlette Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. • He is not married to Defendant. 4. The relationship of Plaintiff to the children is that of father. • The Plaintiff currently resides with the following persons: Name Relationship Tonya Martin friend Dayshia Hall daughter by Plaintiff and Tonya Martin 5. The relationship of Defendant to the children is that of mother. • The Defendant currently resides with the following persons: Name Relationship Terence Hall son Brandon Hall son Lynia Stallworth daughter by Chris Stallworth Torrel Stewart male friend 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 8. Plaintiff does not know ofa person not a party to the proceedings who has physical custody of the children or claims to have custody of visitation rights with respect to the children. 9. On or about November 16, 1999, Defendant, without notice to Plaintiff or to the Carlisle Area School District, removed the children from school and left for Mississippi with a boyfriend Torrel Stewart. The children had missed twelve days of school, during which Defendant took her three children out of school and took them with her on a trip with her boyfriend Torrel Stewart in a tractor trailer on a delivery run. Defendant refused to permit Plaintiff to have visitation rights with the children; September 1999 was the last time she permitted visitation. Prior to September, she would promise visitation and then refuse visitation, at her whim. Defendant has disrupted the education of the children, leaving them with Plaintiff to take truck rides with her boyfriend; whereupon Plaintiff matriculated the children in Mechanicsburg, where the children did well in school. Defendant then abruptly took the children back and re-entered them in the Carlisle Area School District. The best interest and permanent welfare of the child will be served by granting the relief requested because the child has been in the custody of the Plaintiff continuously since the child's birth, and because the Plaintiff is capable of providing for the children. Plaintiff has information that the children have been subject to physical abuse by the boyfriend. 10. Each parent who has parental rights to the child which have not been terminated and the person who has physical custody of the child are parties to the action. WHEREFORE, Plaintiff requests this Court to grant custody of the child to Plaintiff. November 30, 1999 hn V. Broujos, Esquire Y A ey for Plaintiff BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 FAX# 717/243-8227 ?.. _ d I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom falsification to authorities. I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. ?_ tD 'rl RI; :7 Y C; V ? \ P 07 1 a la CHARLES E. HALL, Plaintiff V. LEANN M. SHEALER, Defendant THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7243 CIVIL CIVIL ACTION - AT LAW CUSTODY ADDENDUM TO PRE-HEARING MEMORANDUM AND NOW, comes the Defendant, Leann M. Shealer, by and through her attomey, Jcannd B. Costopoulos, Esquire, and files the following Addendum to Pre-Hearing Memorandum, respectfully representing as follows: FACTUAL WITNESS LIST Defendant would like to have the following names added to the witness list submitted with the pre-Hearing Memorandum which was filed with this Honorable Court on March 17, 2000: 4. Judie Shealer, mother of Defendant, will testify, among other things, as to Plaintiffs lack of interest in the subject children. 5. Tonia Washington, sister of Defendant, will testify, among other things, as to Plaintiffs lack of interest in the subject children. Respectfully submitted, Dater Jeanne B. .ostopoulos, Esquire ATTOit Y FOR DEFENDANT 1400 N. Second Street 1 1 Harrisburg, PA 17102 1 CC ??? d (717) 221-0900 Supreme Ct. ID No. 68735 ?131?Co i'3O / it • rr-. CHARLES E. HALL, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99-7243 CIVIL LEANN M. SHEALER : CIVIL ACTION - AT LAW Defendant : CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John H. Broujos, Esquire 4 North Hanover Street Carlisle, PA 17013 BY Jeanne B. ostopoulos, Esquire ATTO Y FOR PLAINTIFF 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 Date: Z 1 CHARLES E. HALL, Plaintiff V. LEANN M. SHEALER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7243 CIVIL CIVIL ACTION - AT LAW CUSTODY ADDENDUM TO PRE-HEARING MENIORANIHIM AND NOW, comes the Defendant, Leann M. Shcaler, by and through her attorney, Jeanne B. Costopoulos, Esquire, and files the following Addendum to Pre•I leering Memorandum, respectfully representing as follows: FACTUAL WITNESS I.IS'I' Defendant would like to have the following names added to the Wilness list submitted with the Pre-Hearing Memorandum which was filed with this I lonorable Court oil March 17, 2000: 4. Judie Shealer, mother of Defendant, will testify, among other things, as to Plaintiffs lack of interest in the subject children. 5. Tonia Washington, sister of Defendmil, will testily, among other things, as to Plaintiffs lack of interest in the subject children. Itespecllidly submitted, Date: /' Pv Jeanne B. .ostopoulos, Esquire ATTORNEY FOR DEFENDANT 1400 N. Second Street Ilarrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 CHARLES E. HALL, Plaintiff V. LEANN M.SHEALER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7243 CIVIL CIVIL ACTION - AT LAW CUSTODY CERTIFICATE OF SERVICE 1, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John H. Broujos, Esquire 4 North Hanover Street Carlisle, PA 17013 BY: Jeanne B. ostopoulos, Esquire ATTORN Y FOR PLAINTIFF 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 Date: cos Jeanne A Costoponlos, Esquire Allen C. Welch, Esquire Sharon L. Reisinger, paralegal March 23, 2000 'TOPOULOS & WELCH .4AR ?42UU?- Attorneys 1400 Norlb Second Street Harrisburg, pA 17102 Telephone: (717) 221.0900 Filcsimile: (717) 2210904 Email: jbwacw@ez0nline Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Dear Prothonotary: Hall v. Shealer No. 99-7243 Civil Enclosed with this letter you will find an original and two copies of the defendant's Addendum to Pre-Hearing Memorandum filed in the above captioned matter. Please file and return one date-stamped copy in the enclosed self-addressed stamped envelope. Do not hesitate to contact me if you have any questions regarding this matter. Sincerely yours, Sharon Reisinger Enclosures Legal Assistant to Jeanne B. Costopoulos )V 1'' i i II? i j I I j I i .p ON too K 112 IC. r o n M C] ? y'sUm?nQ i * N O ?T * MrM N P r * rN? U U) O '0M oZ =c a T o •E m U,= I d . 7 ' WJ( ffX G 3: c75 C84 . C C U c O o cn CL i UOLCM cri CL .0 0Z N 0- i E m C) 0 m . ? 0) I I? 1 t 'i i , y i r i i i i ) CHARLES E. HALL Plaintiff vs LEANN M.SHEALER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 99-7243 Civil Term CUSTODY PRAECIPE Reinstate Complaint in the above captioned matter. January 13, 2000 John H!\Brbujos, Esquire Attomeyjr Plaintiff BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 FAX# 717/243-8227 C C U -. Cl) .?? 7 `u - nlCa - U O O O U CHARLES E. HALL, Plaintiff VS. LEARN M. SHEALER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7243 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NCW, this -4ei day of J c.l it , 2000, upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: A Hearing will be held in Court Room No. , of the Cumberland County Court House, on the - 3! a r day of f 7 ?/ ,f 2000, at /, J (1 o'clock, __1? m., at which time testimony will be taken. For purposes of this Hearirfg, the Father, Charles E. Hall, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties Pro Se shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. The Mother shall ensure that the Children are available at the Court House on the date of the Hearing. BY THE COURT, le? J. cc: John H. Broujos, Esquire - Counsel or Father Leann M. Shealer, mother ,Q-3 0 0 RKs CHARLES E. HALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7243 CIVIL TERM LEANN M. SHEALER, CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: DATE OF BIRTH Terrence M. Hall Brandon T. Hall September 30, 1987 June 22, 1990 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held on January 20, 2000, with the following individuals in attendance: The Father, Charles E. Hall, with his counsel, John H. Broujos, Esquire. The Mother, Leann M. Sheeler, who currently resides in Mississippi, participated in the Conference by telephone. The Mother was not represented by counsel at the time of the Conference. 3. The Children have primarily resided with the Mother since 1994 although the Father has had at least one extended period of custody since that time. There are no existing Custody Orders in this matter. On November 16, 1999, the Mother relocated with the Children and the Mother's boyfriend to Macomb, Mississippi without prior notice to the Father or the Childrens' school. The Father filed this Petition for primary physical custody of the Children. The parties were not able to reach an agreement on the primary custody issue and therefore it will be necessary to schedule a Hearing. 4. The Father's position on custody is as follows: The Father believes that it would be in the best interest of the Children to reside with him in Pennsylvania. The Father indicated that the Mother has not permitted him to have contact with the Children since January It 2000. The Father expressed concern over his belief that the Mother's boyfriend has physically abused the Children. The Father proposed that he have custody of the Children during the school year and that the Mother have extended periods of custody during the summer and over holidays. 5. The Mother's position on custody is as follows: The Mother believes that it is in the best interest of the Children to continue to reside with her in Mississippi. The Mother stated that the Father has never had custody of the Children for a period longer than 2 to 3 weeks, which he had agreed to on a trial basis and which did not work well. The Mother believes that the Father has a serious drug problem which would prevent him from properly caring for the Children (denied by the Father). Both the Mother and her boyfriend denied that the boyfriend had ever physically mistreated the Children. The Mother proposed that the Children reside with her during the school year and with the Father during the summer. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter. Date Q Dawn s. Sunday, Esquire Custody Conciliator CHARLES E. HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : 99-7243 CIVIL LEANN M. SHEALER, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER AND NOW, this 2.'=r day of May, 2000, the court enters the following order with respect to the custody of the children of the parties, Terrence M. Hall, bom September 30, 1987, and Brandon T. Hall, bom June 22, 1990: 1. Physical CustodyNisitation: The mother shall have primary physical custody of the children. The father shall have partial custody of the children pursuant to the following schedule: a. Summer: Every year, the parties shall exchange custody of the children from mother to father on the Sunday following the last day of school prior to summer vacation, except that in 2000, due to mother's wedding which is scheduled to take place on May 27, 2000, on May 28, 2000, on which date mother will deliver the children to father's residence. Every year, the parties shall again exchange custody of the children from father to mother on the second day prior to the date the children resume school in the fall. Mother shall notify father of the first and last dates of school immediately upon receipt of such information from the school district. b. Christmas: Every year, the parties shall exchange custody of the children from mother to father the first day following the last day of school prior to the parties shall exchange custody ??:?;i.,;.,:. .. ? ? ' . Christmas break. The parties shall again exchange custody of the children from father to mother on the day prior to the date school resumes following Christmas break. Mother shall notify father of the dates of Christmas vacation upon receipt of such information from the school district. c. Additional Visitation: Father shall be entitled to liberal visitation while in Mississippi provided that mother is given reasonable notice and the children do not miss school. The father may exercise additional periods of visitation with the children at such other times as the parties may mutually agree. 2. Legal Custody: The parties shall share legal custody of the children jointly. They shall consult with each other relative to all important decisions concerning the children, including such matters as health, education, and religion. Therefore, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the children. Each of the parties shall have access to all the children's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the children's health and education progress. 3. Transportation: The parties agree that transportation to and from their residences shall be shared equally as follows: the parties shall select a public restaurant or other facility located approximately halfway between their residences and schedule a general meeting time on the dates custody is to be exchanged. 4. Alcohol and Drugs: During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 5. Notice of Illness: If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the children, lie or she shall promptly notify the other party of said circumstances. 6. Telephone Contact with Children: Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the children or by the other party regarding the children. 7. Disparaging Remarks: Neither father nor mother shall make any disparaging remarks regarding the other parent in the presence of the children, such as those that might tend to alienate the affections of the children toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the children. 8. Supersedeas of Prior Court Orders: This order shall supersede all prior court orders, stipulations or agreements. 9. Contempt/Attorney's Fees: Should either party be found in contempt of court for breaching this order, the breaching party shall be responsible for all attorney's fees incurred by the non-breaching party. 10. Modification: Any of the provisions of this order may be modified or deleted upon mutual written consent/agreement of both parties or upon petition to the court for modification. BY THE COURT, John H. Broujos, Esquire For the Plaintiff Jeanne B. Costopoulos, Esquire For the Defendant ' - Kevi .Hess, J. ,S-o2-00 ?R Kg Am ??rJ /^- V 1 /^/ V t •^P __._., Cub X31- AaAAt ; a2- - __ .. 90. 6. 00 t 112 CIIARLES E. IIALL IN T E COURT OF COMMON PLEAS OF PLAIN'fi1T CUM13EIiLAND COUNTY, PI:NNSYI.VANIA V. LEANN M. SHEALER 99-7243 CIVIL ACTION LAW DEFENDANT IN CUS'T'ODY ORDER OF COURT AND NOW, this 12th day of June , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 26th day of July , 2000, at 1:00 PM for a Pre-licaring 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. 17OR'1'IIE COURT, By: /s/ Dawn S. S undav. Es Custody Conctlialo 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 TIi1S PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT IIAVE 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 A4 _J CHARLES E. HALL, Plaintiff/Respondent V. LEANN M.SHEALER, Defendant/Petitioner AND NOW, this THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7243 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY ORDER OF COURT day of 2000,upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before on the day of conciliator, at 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 CHARLES E. HALL, Plaintiff7Respondent V. LEANN M. SHEALER, Defendant/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7243 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY You, Charles E. Hall, Respondent, have been sued in court to obtain custody, partial custody or visitation of the following children: Terrence M. Hall, bom September 30, 1987 and Brandon T. Hall, bom June 22, 1990. You are ordered to appear in person at on , at _ _.M., for _ a conciliation or mediation conference. - a pretrial conference. a hewing before the court. If you fall to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 BY THE COURT: Date: J. CHARLES E. HALL, Plaintiff/Respondent V. LEANN M. SHEALER, Defendant/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7243 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY 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 hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Date J. ®®v Lr=- CHARLES E. HALL, Plaintif£/Respondent V. LEANN M. SHEALER, Defendant/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7243 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER AND NOW COMES the Petitioner, Leann M. Shealer, by and through her attorney, Jeanne B. Costopoulos, Esquire, and files the following petition, respectfully representing as follows: 1. The petition of Thomas Valle respectfully represents that on May 2, 2000, an Order of Court was entered for partial custody/visitation, a true and correct copy of which is attached. 2. This Order should be modified because: (a) At the custody hearing held on March 31, 2000, Respondent represented to this Honorable Court that he intended to build an addition to his trailer which would be used as a bedroom for the subject children. However, when Petitioner delivered the children to Respondents home, she found what appeared to be the end of another trailer abutted against one side of the original trailer. This abutment was resting on cinder blocks and a tarp was placed over the top where the wall of the existing trailer had been cut away to allow access into the abutment. (b) At that same hearing, Respondent represented to this Court that he worked a standard, eight hour work day which would allow ample time to be spent with the subject children during his period of partial custody; since the hearing, Respondent has taken a different job which requires him to work very long hours so that he only gets to spend one to two hours per day with the children. The children are spending the majority of their time with other family members, primarily an aunt and uncle and their paternal grandparents. (c) Respondent believes that such arrangements are not in the best interest of the children. WHEREFORE, Petitioner requests that the Court modify the existing order for partial custody/visitation, because it will be in the best interest of the children. Respectfully submitted, Jean'. Costopoulos, Esqurze COSTOPOULOS & WELCH 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 ATTORNEY FOR PETITIONER Date: CHARLES E. HALL, Plaintif17Respondent V. LEANN M. SHEALER, Defendant/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7243 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: She is the attorney of record for Leann M. Shealer. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing motion are known to her and not necessarily to her client. 4. The facts set forth in the foregoing motion are true and correct to the best of her knowledge, information and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: rP 1 ?(Q? BY: 4_C COSOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 Telephone: (717) 221-0900 Fax: (717) 221-0904 Attorney I.D. No. 34962 ATTORNEY FOR PETITIONER CHARLES E. HALL, : THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99-7243 CIVIL TERM LEANN M. SHEALER, : CIVIL ACTION - AT LAW Defendant/Petitioner :CUSTODY CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John H. Broujos, Esquire 4 North Hanover Street Carlisle, PA 17013 BY: / Date: ? Wa J B. Costopoulos, Esquire 140 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 ATTORNEY FOR PETITIONER a-- CHARLES E. HALL, Plaintiff V. LEANN M. SHEALER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 99-7243 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW Please mark the Petition for Modification filed on June 8, 2000, withdrawn and settled and cancel the conciliation conference scheduled on July 26, 2000 at 1:00 p.m. before Dawn Sunday, Esquire. Respectfully submitted, BY: J e B. Costopoulos, Esquire 1400 North Second Street Harrisburg PA 17102 Phone: (717) 221-0900 Pa.S.Ct. ID No. 68735 // ATTORNEY FOR DEFENDANT/PETITIONER DATED: J r. CHARLES E. HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. : 99-7243 CIVIL ACTION -LAW LEANN M. SHEALER, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by mailing a copy of the same to the following person(s): Dawn S. Sunday, Esquire 39 W. Main Street Mechanicsburg PA 17055 John H. Broujos, Esquire 4 N. Hanover Street Carlisle, PA 17013 BY: Jearm B. Costopoulos, Esquire 1400 North Second Street Harrisburg, PA 17102 Phone: (717) 221-0900 Pa.S.Ct. ID No. 68735 ATTORNEY FOR DEFENDANT/PETITIONER DATED: ??? JUL 2 4 2000 CHARLES E. HALL, Plaintiff VS. LEANN M. SHEALER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7243 IN CUSTODY ORDER OF OOURT AND NOW, this 18th day of July, 2000, the Conciliator, being advised by Petitioner's counsel that Petitioner has withdrawn her request for modification, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for July 26, 2000 is canceled. FOR THE COURT, d2?-J?- a&44 Dawn S. Sunday, Esquire Custody Conciliator ?'~ -- f__ ll. ?,?. ?.?+ /I . 7 i 1 .s '= IIIJ +lL f" J -.? ?- O U r.'?