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HomeMy WebLinkAbout07-4070Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 DUSTIN R. SHEFFIELD, IN THE COURT OF CONIl~SON PLEAS Plaintiff CUI~ERLAND COUNTY, PENNSYLVANIA KERRI A. HULSE, CIVIL ACTION - LAW Defendant CUSTODY ACTION CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Dustin R. Sheffield residing at 39 Harmony Hall Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Kerri A. Hulse residing at 124 West Portland Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks joint legal and shared physical custody of the following child: NAME PRESENT RESIDENCE DOB Dylan Joel Sheffield 124 West Portland Street 09/15/04 Mechanicsburg, PA 39 Harmony Hall Drive Carlisle, PA The child was not born in wedlock. The child is presently in the shared physical custody of Kerri A. Hulse at 124 West Portland Street, Mechanicsburg and Dustin R. Sheffield at 39 Harmony Hall Drive, Carlisle, Pennsylvania. The child has resided with the following persons and at the following addresses: Person Address Date Mother & Father 124 West Portland St 02/07 - present Mechanicsburg, PA Mother & Father 108 Meals Drive 03/06 - 12/06 Carlisle, PA Mother & Father 39 Harmony Drive 09/05 - 03/06 Carlisle, PA Mother & Father Winchester Garden 09/04 - 09/05 Carlisle, PA The mother of the child is Kerri A. Hulse who resides at 124 West Portland Street, Mechanicsburg, Pennsylvania 17055. She is not married. The father of the child is Dustin R. Sheffield who resides at 39 Harmony Hall Drive, Carlisle, Pennsylvania 17015. He is not married. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with. the following persons: Name Relationship Dylan Joel Sheffield Son Pam & Joel Sheffield Parents 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following person: Name Relationship Dylan Joel Sheffield Son 2 6. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff provides proper care for his child. B. Plaintiff provides a loving home for his child. C. Plaintiff has been the joint caretaker of the child throughout his life. D. Plaintiff will foster a relationship between Mother and the child. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him joint legal and shared physical custody of his child, subject to defendant's right to periods of shared physical custody. Respectfully submitted, ~. i~.Z~ Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717} 731-1461 3 VERIFICATION I, DUSTIN R. SHEFFIELD, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: DUSTIN R. SHEFFIELD Plaintiff 4 ~..., ~~ ~ ~ -~, -n J {~ cam' cam, .~ ~,_.,. r~- r.s~ ~ r- `v ~~ ~ ~ ~` ~ ^ 0 .v `"' is ~ `~ F'rl ~ ~ G _ a ~. ~' .~ti rv era ~ ~\ ~ ~~ ~ \i/ ~. DUSTIN R. SHEFFIELD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KERRI A. HULSE DF,FENDANT • 07-4070 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Thursday, July 12, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at_____ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 26, 2007 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~ °`'~~"~Gt/ .~~ l`am' ~'~~ ~ p• ~~- l__ ~ ~~ ~ /G~ -~~ n i " r'~'?-11 ~?.~.._~~,7~ q ~y ~>~ O C T -' $ 200 DUSTIN R. SHEFFIELD IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-4070 Civil Term KERRI A. HULSE Defendant : ACTION IN CUSTODY COURT ORDER ~~ day of October, 2007, upon consideration of the attached AND NOW, this Custody Conciliation Report, it is ordered and directed that: Legal Custody: The Mother, Kerri Hulse, and the Father, Dustin Sheffield, shall enjoy shared legal custody of the minor child, Dylan J. Sheffield, born 9/15/04. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well- being including, but not limited to, all decisions regazding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other pazent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each pazent may participate in the Child's education and activities as fully as possible. 2. Physical Custody: The Mother shall have primary physical custody of Dylan subject to Father's partial physical custody as follows. Father shall have physical custody of Dylan every Sunday from 8:30 am when he picks his Child up at Mother's residence until Tuesday when he drops Dylan off at day care. Father shall pick Dylan up at day Gaze every Thursday and have custody until Thursday 8:00 pm whereby Mother shall pick Dylan up at paternal grandparent's residence. The parties may alter this physical custody arrangement by mutual agreement. 3. The non-custodial pazent shall be entitled to have reasonable liberal telephone contact with the Child. 4. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of .y ,~. the Child's love or affection for the other party. 6. Holidays shall be shared or alternated as agreed upon pursuant to the attached holiday schedule. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. Each party shall have two weeks vacation per year with the Child with no more than seven consecutive days at a time. A party wishing to utilize this provision shall give thirty days notice to the other parent. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Counsel for the parties are directed to contact the assigned Conciliator to schedule an update tus conference for this matter to asses Father's expanded p custody f Dylan. J. Cc: ~ j/?fiomas Gould, Esquire ~drrace D'Alo, Esquire ~ohn J. Mangan, Esquire 'I^,tl~~i,i,` Ni~~~ tf i4! V i 1~1~ t~~~ 3~i~~Ci--t~1~~ ~S~ DUSTIN R. SHEFFIELD Plaintiff v. KERRI A. HULSE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4070 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUNIIVIARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currentl~in the Custod~of Dylan J. Sheffield 9/15/04 Mother 2. A Conciliation Conference was held on July 26, 2007 with the following individuals in attendance: The Father, Dustin Sheffield, with his counsel, Thomas Gould, Esquire The Mother, Kerri Hulse, with her counsel, Grace D'Alo, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: ~ ~~~ __.. __ John J.~1 angan, Esquire Custody Conciliator 4 ~ •. HOLIDAYS AND TIIViES EVEN ODD SPECIAL DAYS YEARS ~~ Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holida Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holida Independence Day From 6 pm the evening before the Father Mother holida to6 m the da of the holida Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holida Thanksgiving 1 From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanks 'vin Da Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Father half 6 m the da after Thanks ivin Da Christmas 1 Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holida Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holida THOMAS D. COULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 DUSTIN R. SHEFFIELD, Plaintiff v. KERRI A. HULSE, Defendant IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4070 CIVIL TERM CIVIL ACTION - LAST CUSTODY ACTION PETITION FOR CONTEMPT AND TO MODIFY CUSTODY ORDER 1. The Plaintiff/Petitioner is Dustin R. Sheffield, hereinafter referred to as Father, residing at 39 Harmony Hall Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant/Respondent is Kerri A. Hulse, hereinafter referred to as Mother, residing at 714 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Father and Mother are the biological parents of Dylan J. Sheffield, born September 15, 2004, hereinafter referred to as Dylan. 4. Father alleges Mother has failed to abide by the terms and conditions set forth in the Court Order dated October 12, 2007 as follows; a. On December 3, 2007, during Father's specified time, Mother went to Father's parent's home and took Dylan after threatening Dylan's grandparents. b. Pursuant to paragraph 8 of the Court Order, Father gave Mother 30 days notice that he was taking one of his seven (7) day vacation periods from Saturday July 12 through Saturday July 19, 2008. c. Father picked up Dylan at 4:00 p.m. on Saturday July 12 and returned him at 4:00 p.m. on Saturday July 19, 2008. d. Upon Dylan's return, Mother informed Father that he would not have his court ordered regular period from Sunday through Tuesday. e. On Sunday July 20, 2008 Father called Mother to determine where he should pick up Dylan, but Mother again advised him that she would not allow his court ordered custody time. f. Father called the police for assistance and was told that they called Mother who advised them that she was not going to release Dylan and the police advised Father not to make a scene and to contact his attorney on Monday. 5. Father requests that the October 12, 2008 Court Order be modified to increase his shared physical custody time with Dylan. 6. Dylan's best interest will be served if Father's requests are granted because: a. Father will place the interest of Dylan before his own. ^. b. Father has the ability and desire to be a more active parent in Dylan's life. c. Father can provide a stable and consistent environment for Dylan. d. Father's extended family is willing and able to play a more significant role in Dylan's life. e. A more equal sharing of the parenting responsibilities of Dylan will more equitably distribute the benefits each parent can give and Dylan can receive. WHEREFORE, Father requests that this honorable court find Mother in contempt of its October 12, 2008 Court Order and to grant Father additional time with Dylan based on the best interest of Dylan. Respectfully submitted, Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 3 VERIFICATION I, Dustin R. Sheffield, hereby PETITION FOR CONTEMPT AND TO MODIFY correct to the best of my knowledge, understand that false statements herE penalties of 18 Pa. C.S. Section falsification to authorities. certify that the foregoing CUSTODY ORDER is true and information and belief. I 'in are made subject to the 4904 relating to unsworn DATED : ~c~, IM Z Z 2OC~~ Dustin R. Sheffield 4 J ~_ DUSTIN R. SHEFFIELD IN THE COURT OF COMMON PLEAS Plaintiff :CLIMB -L'RLAND COI1N'TY, PENNSYLVANIA v. KFRRI A. HULSE No. 07-4070 Civil Term Defendant :ACTION IN CUSTODY COURT ORDER .~1~ AND NOW, thisl~ day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Mother, Kerri Hulse, and the Father, Dustin Sheffield, shall enjoy shared legal custody of the minor child, Dylan J. Sheffield, born 9/15/04. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well- being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child. including, but not limited to, medical, dental, religious or school records, the xesidence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within. such reasonable time as to make the records and information of reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Child's education and activities as fully as possible. 2. Physical Custody: The Mother shall have primary physical custody of Dylan subject to Father's partial physical custody as follows. Father shall have physical custody of Dylan every Sunday from 8:30 am when he picks his Child up at Mother's residence until Tuesday when he drops Dylan off at day care. Father shall pick Dylan up at day care every Thursday and have custody until Thursday 8:40 pm whereby Mother shall pick Dylan up at paternal grandparent's residence. The parties may alter this physical custody arrangement by mutual agreement. 3. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 4. 1n the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. S. Neither party may say or do anything nor permit a third parry to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 6. Holidays shall be shared or alternated as agreed upon pursuant to the attached holiday schedule. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. Each party shall have two weeks vacation per year with the Child with no more than seven consecutive days at a time. A party wishing to utilize this provision shall give thirty days notice to the other parent. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Counsel for the parties are directed to contact the assigned Conciliator to schedule an update tus conference for this matter to asses Father's expanded p ' a custody f Dylan. J. Cc: Thomas Gould, Esquire Grace D't~lo, Esquire Jahn :1. Mangan, Esquire TREE COSY FRpN4 R~~=ORD 1 hE-re unto s t my hand tt~ Test~nony ~ mid f~t n ~~ iisl , Pa. ~/ Iced fi seal r:~ ..~ HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holida Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holida Independence Day From 6 pm the evening before the Father Mother holiday to6 pm the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving 1St From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanksgivin Day Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgivin Da Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2" Half From noon on 12/25 to noon nn Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the _~ holiday ~~ f ~. J _; ~.~:_ I r{~ ~. '~. Q t~ -a { O o ' l~ C 1 V v V V DUSTIN R. SHEFFIELD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KERRI A. HULSE DEFENDANT • 2007-4070 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 24, 2008 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 29, 2008 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children ale five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, anal Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: IsJ john J. Mangan, Jr., Esr~ 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 (7l7) 249-3166 r ~~ spy{, ~p ,s~ C ~'~`. -~~~~~~L ~;~-'e ~ riff ,:.a 3 y ,,.. AUG 2 9 2008 DUSTIN R. SHEFFIELD Plaintiff v. KERRI A. HULSE Defendant Prior Judge: Edwazd E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4070 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this ~ day of September 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders entered in this matter are hereby VACATED and Father's Petition for Contempt is hereby held in ABEYANCE. 2. Legal Custody: The Mother, Kerri Hulse, and the Father, Dustin Sheffield, shall enjoy shazed legal custody of the minor child, Dylan J. Sheffield, born 9/15/04. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well- being including, but not limited to, all decisions regazding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each pazent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other pazent. To the extent one parent has possession of any such records or information, that parent shall be required to shaze the same, or copies thereof, with the other pazent within such reasonable time as to make the records and information of reasonable use to the other parent. Specifically, the pazents shall be required to shaze with each other information regazding school activities and extracurriculaz activities in a prompt fashion so that each parent may participate in the Child's education and activities as fully as possible. 3. Physical Custody: The parties shall share physical custody in alternating weeks pursuant to the following schedule: a. Commencing August 29, 2008, Father shall have physical custody of the Child from Friday until Tuesday morning dropping the Child off at day caze. Mother shall pick the Child up from day care Tuesday and then drop the Child off at day care Wednesday morning. Father shall pick the Child up Wednesday after day care and then drop the Child off at day care Friday morning. b. Commencing September 5, 2008, Mother shall have physical custody of the Child from Friday until Tuesday morning dropping the Child off at day caze. Father shall pick the Child up from day a, • caze Tuesday and then drop the Child off at day caze Wednesday morning. Mother shall pick the Child up Wednesday after day caze and then drop the Child off at day caze Friday morning. c. It agreed, understood and intended that once Dylan starts school, Father shall have every weekend from Friday until Sunday with the Child with Mother the other days. Additionally, during the summer vacation months, the schedule outlined in subparagraphs 3 (a) and (b) above shall be adhered to. (Alternating weeks with the other parent having Tuesday overnight) d. The parties may alter this physical custody arrangement by mutual agreement. 4. The non-custodial pazent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a medical emergency, the custodial party shall notify the other parry as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other parry. 7. Holidays shall be shazed or alternated as agreed upon. In the absence of agreement, the parties shall arrange holidays pursuant to the holiday schedule in the October 12, 2007 Order. Each pazent shall have time on the Child's birthday. In the absence of agreement, Mother shall have from 10 am until 2 pm and Father shall have from 2 pm until 6 pm the day of the Child's birthday. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Each pazent shall have two non-consecutive weeks of vacation with the Child per year. The requesting pazent shall give the other pazent at least 30 days advance notice of the requested time and this vacation week shall supersede the regulaz physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regazding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. Cc: homas Gould, Esquire ~ncent Monfredo, Esquire . ~n J. Mangan, Esquire J c~ 0`~ q~ 0 ,0 J ~ ~~--.,,rr, "' ~J ~~'p,~~ G7 ~ ~ ~,s~~~r~-~~ ~ ~~ DUSTIN R. SHEFFIELD Plaintiff v. KERRI A. HULSE Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4070 Civil Term ACTION 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: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Dylan J. Sheffield 9/15/04 Mother and Father 2. An Order of Court was issued October 12, 2007 and a Conciliation Conference was held on August 29, 2008 with the following individuals in attendance: The Father, Dustin Sheffield, with his counsel, Thomas Gould, Esquire The Mother, Kerri Hulse, with her counsel, Vincent Monfredo, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: ~ ~ ~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff V. KERRI A. HULSE, Defendant No. 07-4070 CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF PURSUANT TO Pa.R.C.P. 1915.13 C-) C rS? ? .rn C-) _ C? 'I _74 -71 r`?rr -? rz -d f7 ?a :u AND NOW, comes plaintiff, Dustin R. Sheffield, by and through his P1 x? N co a Cli counsel, Kevin E. Prosser, Esquire, and brings this Petition for Emergency Relief, and avers as follows: 1. Petitioner / Plaintiff is Dustin R. Sheffield (hereinafter "Father"). He is represented by Undersigned Counsel. 2. Respondent / Defendant is Kerri A. Hulse (hereinafter "Mother"). She is represented by Vincent M. Monfredo, Esquire. 3. The minor child in the above-captioned custody action is Dylan J. Sheffield, age 6 (D.O.B. September 15, 2004) (hereinafter "Dylan"). 4. The parties share legal and physical custody pursuant to the attached custody Order entered on September 4, 2008, following conciliation. See Exhibit "A" attached. 5. In the fall of 2010, Mother insisted that Dylan attend Mechanicsburg School District, Mother's home school district. Father resides in West Perry School District. While Father would have preferred that Dylan attend West Perry School district, both Mechanicsburg and West Perry PG1 4-/D , l1G hat FIP-#d ids ?r had "full day kindergarten", an important consideration for Father. Father thus acquiesced to Mother's demand. 6. Father did not agree to allow Dylan to attend Mechanicsburg School District lightly. Father was concerned because Mother had exhibited an unstable living history, having resided at 15 different locations since the summer of 2007. 7. Nonetheless, Father attended all orientations and supported his son within Mother's school district. 8. Father learned on December 22, 2010 that Mother was failing to get Dylan to school in a timely manner. Dylan had 11 tardies as of December 22. See Exhibit "B" attached. 9. When Father confronted Mother regarding the tardies, Mother denied culpability. 10. Father then learned from Dylan that he moved from his house in Mechanicsburg School district, and was now living with his Mother and grandparents. 11. When Father questioned Mother about what Dylan told him, Mother indicated that she had moved from Mechanicsburg School District and was now residing with her parents in Cumberland Valley School district. 12. When Father expressed concern that Mother was no longer residing in Dylan's school district (and that she failed to inform Father of this), Mother unilaterally (and without Father's consent) removed Dylan from Mechanicsburg School district and enrolled him in Cumberland Valley School district. 13. Dylan started at Cumberland Valley School district on January 11, 2011. 14. Unlike Mechanicsburg and West Perry, Cumberland Valley School district only has a 2 hour kindergarten program. 15. Mother informed Dylan that it was his fault that he had to change school districts because Dylan told his Father he moved. Dylan is very upset by this sudden change in circumstances. 16. Father is concerned that Dylan is not receiving the same level of education as he would in a full day kindergarten setting. In addition, Father is concerned regarding other behaviors exhibited, including: a. Mother does not have an automobile (2 cars have been repossessed) and has to rely on third parties to transport Dylan. b. Mother does not always use appropriate car seats to transport Dylan. C. Mother has no known means of support for herself and Dylan. d. Dylan hordes food by stuffing it in his pockets prior to leaving his Father and returning to Mother's home. 17. Father has filed a Petition to Modify Custody contemporaneously herewith. Until said Petition is heard, Dylan should reside primarily with Father, or at a minimum, be enrolled in Father's school district to attend all day kindergarten. WHEREFORE, Plaintiff prays This Honorable Court shall award him primary custody pending hearing, and / or authorize a change of the minor child's school district to West Perry School district. Respectfully Submitted Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 VERIFICATION I verify that the statements made in this foregoing document 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. Dustin R. Sheffield ?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff V. No. 07-4070 KERRI A. HULSE, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Brandi L. Jones Zellers, Paralegal for Kevin E. Prosser, Esquire, do hereby certify that I served a copy of the foregoing Petition for Emergency Relief thi day of January, 2011, by Regular Mail to the per son(s) listed below: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Brandi L. Jones Zell rs Paralegal for Kevin E. Prosser, Esq. AUG 2 9 200B DUSTIN R. SHEFFIELD Plaintiff V. KERRI A. HULSE Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4070 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this t day of September 2008, attached Custody Conciliation Report, it is ordered and upon directed that; consideration of the 1. All prior Orders entered in thi Petit s matter are hereby VACATED and Father's ion for Contempt is hereby held in ABEYANCE. 2. Legal Custody: The Mother, Kerri Hulse, and the Father, Dustin Sheffield, shall enjoy shared legal custody of the minor child, Dylan J. Sheffield, born 9/15/04. sal#1 Pursuant to the terms of 23 Pa.C S. §5309, end} to ? ?,?'?.;., lb? _ civol' rec„r° To the extent one parent as possession oSSan? 7uc;n records or information, that parent shall be required to share the same, or y copies thereof, with the other parent within such reasonable time as to snake the records and information of reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Child's education and activities as fully as possible. 3. Physical Custody: The parties shall share physical custody in alternating weeks pursuant to the following schedule: a. Commencing August 29, 2008, Father shall have physical custody of the Child from Friday until Tuesday-morning dropping the Child off at day care. Mother shall pick the Child up from day care Tuesday and then drop the Child off at day care Wednesday morning. Father shall pick the Child up Wednesday after day care and then drop the Child off at day care Friday morning b. Commencing September 5, 2008, Mother shall have physical custody of the Child from Friday until Tuesday morning dropping the Child off at day care. Father shall pick the Child up from day 3 c. d. :Additionally, during the summer vacation months, the schedule: outlined in subparagraphs 3 (a) and (b) above shall be adhered to. ,Alternating weeks with the other parent having Tuesday overnight) The parties may alter this physical custody arrangement by mutual agreement. 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the. Child. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to door say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 7. Holidays shall be shared or alternated as agreed upon. In the absence of agreement, the parties shall arrange holidays pursuant to the holiday schedule in the October 12, 2007 Order. Each parent shall have time on the Child's birthday. In the absence of agreement, mother shall have from 10 am until 2 pm and Father shall have from 2 pm until 6 pm the day of the Child's birthday. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence; of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent at least 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. care Tuesday and then drop the. Child off at day care Wednesday morning. Mother shall pick the Child up Wednesday after day care and then drop the Child off at day care Friday morning. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. Cc: Thomas Gould, Esquire Vincent Monfredo, Esquire John J. Mangan, Esquire 'RUE COPY FROM REC01tr) In iestimenv Ivy! "o= ; he-re unto set my hand an the seam of s- ' cr:, -r ?l ?_ :. rlisl Pa. T .......Y. of. (5TV Prrthnnnfa-.? DUSTIN R. SHEFFIELD Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4070 Civil Term KERRI A. HULSE Defendant :.ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(13), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Dylan J. Sheffield 9/15/04 Mother and Father 2. An Order of Court was issued October 12, 2007 and a Conciliation Conference was held on August 29, 2008 with the following individuals in attendance: The Father, Dustin Sheffield, with his counsel, Thomas Gould, Esquire The Mother, Kerri Hulse, with her counsel, Vincent Monfredo, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: /C?' Mechanicsburg Area School District Kindergarten Academy December 22, 2010 Mr. Dustin Sheffield 345 Burnhill Rd Shermans Dale, PA 17090 Dear Mr. Sheffield: According to our records Dylan Joel Sheffield has had 11.00 tardies during the current school year. This number of late arrivals is not representative of a typical school-aged student. Arriving at school on time is important to a child's day. It is when we take lunch count, have announcements, and set the tone for the day. It also teaches children time management and the importance of following rules. Tardiness is a concern because your child loses instructional time and unavoidably interrupts class when entering the classroom. I would appreciate your help in improving your child's tardiness to school. As a reminder, children may enter the building at 7:50 AM; school officially begins at 8:00 AM. I would appreciate your help in improving your child's timely arrival. Please work with your child to see that he/she arrives for school on time each day. Sincerely, ewl?*, Mrs. Kathleen Healey Principal cc: Permanent Record Attendance Office Guidance Counselor School Nurse E x h; 5,-I ?3 C) F- 0 rn N 0 f? 0 J .A. W Cl) 3 3 (D n r- n G K K a Cl) n O O 0 (n rt K f?- n rt ro a N (n (D G C) (D O C) C) G K K (D O. N- a G fJ- F- S•Z. r• H, rn (D K (D rt F-h K O 5 rt (D Q) rt C a (D G rt n G K K (D G rt (n rt w rt r (n tr G F'• F-' f?. ro m z M M m k ID a _ to m r yy yy m Q b O b 0 m m ? 0 m 0 o rt m (t m It m ro> ro ro ro> r ?•'? r ro N N N N N N N N -3 13 3 F-3 N N N H. N' W Wr F,. N. a s C a a y p G N N N F- 0 0 0 0 ?D N. M 0 a 0 O r' 0 Cn O O L- Op CD O N N 0 0 N O p ?. m '.1 rt .? .a > N N N N N N N N N N N N a rt ,q ft rt rt r, 't rt o 0 0 0 0 0 0 0 0 0 0 0 rt rt rt Ct F'' N I- F- F+ F I? 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Mrrctx oN'"??H r rt H N p N ?r m N O I N w rt m rt K ro rt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff V. KERRI A. HULSE, Defendant No. 07-4070 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY c? ?-. cn co ...-a ca c?3 an '-^^ .-c AND NOW, comes Plaintiff, Dustin R. Sheffield, by and through his counsel, Kevin E. Prosser, Esquire, and brings this Petition to Modify Custody and respectfully avers as follows: 1. Plaintiff is Dustin R. Sheffield. He is the biological father of the minor child. He is represented by Undersigned Counsel. 2. Defendant is Kerri A. Hulse. She is the biological mother of the minor child. She is represented by Vincent M. Monfredo, Esquire. 3. The minor child in question is Dylan J. Sheffield, age 6 (D.O.B. September 15, 2004). 4. The Petition to Modify Custody respectfully represents that on September 4, 2008, an Order of Court was entered for shared legal custody and shared physical custody. (A True and Correct Copy of Which is Attached). 5. This Order should be modified because Mother has moved multiple times since the pendency of the last Order, and has recently unilaterally removed Dylan from his known school district without consent of Father. Father has established a stable home and family environment for Dylan. Father has filed, contemporaneously herewith, a Petition for Emergency ?117G ?? Avy y ?G SS?r & / 3z-1`I5 Relief. All allegations set forth in said petition are incorporated herein as if set forth in full. WHEREFORE, Plaintiff pray This Honorable Court to modify custody and award him primary custody as it will be in the best interest of the child. Respe ully Submitted Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 VERIFICATION I verify that the statements made in this foregoing document 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. Dustin R. Sheffield IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff V. No. 07-4070 KERRI A. HULSE, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Brandi L. Jones Zelle?`rs Paralegal for Kevin E. Prosser, Esquire, do hereby certify that on this l?rs-'d--a?'y of January, 2011, 1 served a copy of the foregoing Petition to Modify Custody by Regular Mail, to the person(s) listed below: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 randi L. Jones Z ers Paralegal for Kevin E. Prosser, Esq. 3 AUG 2 9 2000 C) DUSTIN R. SHEFFIELD Plaintiff V. KERRI A. HULSE Defendant Prior Judge: Edward E. Guido, J. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4070 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this day of September 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that:; 1. All Prior Orders entered in this matter are hereby VACATED and Father's Petition for Contempt is hereby held in ABEYANCE. 2_ Legal Custody: The. Mother, Kerr' Hulse, and the Father; Dustin Sheffield, shall enjoy shared legal custody of the minor child, Dylan J. Sheffield, born 9/15/04. Pursuant to the terms of 23 Pa.C.S. §5309, To the extent one parent as possession o any su records or information, that parent shall be required to share the same, or copies thereof, with the other parent within-such reasonable time as to make the records and information of reasonable use to the other parent. ,Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Child's education and activities as fully as possible. 3. Physical Custody: The parties shall share physical custody in alternating weeks pursuant to the following schedule: a. Commencing August 29, 2008, Father shall have physical custody of the Child from Friday until Tuesday-Morning dropping off at day care. Mother shall pick the Child up from day the Child Tuesday and then drop the Child off at day care Wednesday morning. Father shall pick the Child up Wednesday after.day care and then drop the Child off at day care Friday morning. b. Commencing September 5, 2008, Mother shall have physical custody of the Child from Friday until Tuesday morning dropping the Child off at day care. Father shall pick the Child up from day k1b ,w t } y care Tuesday and then drop the Child off at day care Wednesday morning.. Mother shall: pick the Child up Wednesday after day care and then drop the Child off at day care Friday morning. C. d. 4. The non-custodial parent shall be entitled. to have reasonable liberal telephone contact with the Child. 5_ In the event of a medical. emergency, the custodial party shall notify the other party as soon as practicable.after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of. the Child's love or affection for the other party. 7. Holidays shall be shared or alternated as agreed upon. In the absence of agreement, the parties shall arrange holidays pursuant to the holiday schedule in . the October 12, 2007 Order. Each parent shall have time on the Child's birthday. In the absence of agreement, Mother shall have from 10 am until 2 pm and Father shall have from 2 pm until 6 pm the day of the Child's birthday. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent at least 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. summer vacation months, the schedule outlined in subparagraphs 3 (a) and (b) above shall be adhered to. (Alternating weeks with the other parent having Tuesday overnight;) The parties may alter this physical custody arrangement by mutual agreement. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Cc: Thomas Gould; Esquire Vincent Monfredo, Esquire John J. Mangan, Esquire TRUE COPY FROM RECORD In i estimonv vvh?r Hof, ; here unto set my hand an the sea! of s a i i Couf rlisl Pa. ?!.. a. Pr6t?Tnnn aru DUSTIN R. SHEFFIELD IN THE COURT OF.COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V.' No. 07-4070 Civil Term KERRI A. HULSE f Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF-.; PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Dylan J. Sheffield 9/15/04 Mother and Father 2. An Order of Court was issued October 12, 2007 and a Conciliation Conference was held on August 29, 2008 with the :Following individuals in . attendance: The Father, Dustin Sheffield, with his-counsel, Thomas Gould, Esquire The Mother, Kerri Hulse, with her counsel, Vincent Monfredo, Esquire 3. The parties agreed to the entry of an Order in the form as attached- Z ?? Date:- 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff V. KERRI A. HULSE, Defendant No. 07-4070 CIVIL ACTION - LAW - IN CUSTODY ORDER AND NOW this daYof F , 2011, in consideration of the attached Petition for Emergency Relief, filed on behalf of Plaintiff, the following relief is granted: r-7) I T.) I ftnTimn may mutually ? Hearing shall be scheduled for the 1 day of F , 2011, at 7:30 a.m. /04, in courtroom number,3 . This proceeding is expected tot ke 2 hours 14- f" G&A s di? Moving pirty shall be responsible for notifying all parties involved. B E COU J. c.c.: . bin Court Administration ''n Kevin E. Prosser, Esquire, 400 Market Street, Newport, PA 17074 S Vincent M. Monfredo, Esquire, Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 4a.1 I z, 11 DUSTIN R. SHEFFIELD IN THE COURT OF COMMON PLEAS OF o C) `rr PENNSYLVAAji BERLAND COUNTY --t PLAINTIFF , CUM : rri tom 4= CoF - rn V. _ T> 2007-4070 CIVIL ACTION LAW r- N . Q KERRI A. HULSE ? `= IN CUSTODY + DEFENDANT ORDER OF COURT AND NOW, Wednesday, February 02, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February 16, 2011 at 9:00 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/ ohn . Man an r. Es q. lid"L 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 O's DUSTIN R. SHEFFIELD IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVAWA V. to x No. 07-4070 Civil Term rn -a = r- w o KERRI A. HULSE -<> c 0 ? ° Defendant -v : ACTION IN CUSTODY ! a c:) 'n C ... G N ) ,_irn Prior Judge: Edward E. Guido, J. COURT ORDER _< 40 day of March 2011, upon consideration of the attached AND NOW, this on9 Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custod Conciliat' nference. A Custody Hearing is h by scheduled on the / day of 2011 at P30 A-07 G?La?•?*Ain Courtroom number 3 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing at . (p _/5 • // 3. Legal Custody: The Mother, Kerri Hulse, and the Father, Dustin Sheffield, shall enjoy shared legal custody of the minor child, Dylan J. Sheffield, born 9/15/04. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well- being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Child's education and activities as fully as possible. 4. Physical Custody: The parties shall arrange physical custody of Dylan as follows pending further hearing and Order: a. During the school year, Father shall have custody every weekend from Friday 4:30 pm until Monday morning 7:15 am. Father shall pick up and drop off Dylan at Mother's residence at the designated times. b. During the summer months when Dylan is not in school, the parties shall share physical custody. In week one, commencing the first Friday after school is out, Father shall have physical custody of the Child from Friday after he gets off from work until Tuesday morning dropping the Child off at Mother's residence (or day care). Mother shall pick the Child up from day care (if utilized) Tuesday and then drop the Child off at day care Wednesday morning. Father shall pick the Child up Wednesday after he gets off from work and then drop the Child off at day care Friday morning. C. In week two, Mother shall have physical custody of the Child from Friday until Tuesday morning dropping the Child off at Father's residence (or day care). Father shall pick the Child up from day care (if utilized) Tuesday and then drop the Child off at day care Wednesday morning. Mother shall pick the Child up Wednesday after day care and then drop the Child off at day care Friday morning. d. Absent mutual agreement or further Order of Court, Dylan shall remain in Mother's school district. e. The parties may alter this physical custody arrangement by mutual agreement. 5. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 8. Holidays shall be shared or alternated as agreed upon. In the absence of agreement, the parties shall arrange holidays pursuant to the holiday schedule in the October 12, 2007 Order. Each parent shall have time on the Child's birthday. In the absence of agreement, Mother shall have from 10 am until 2 pm and Father shall have from 2 pm until 6 pm the day of the Child's birthday. 9. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent at least 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 11. Counseling: The parties have agreed to, and shall, engage in therapeutic family counseling with a mutually-agreed upon professional. The parties shall choose a counselor within ten days of the instant Order. In the absence of agreement, the parties may contact the assigned conciliator to decide. 12. The parties have the option of contacting the assigned conciliator prior to the scheduled hearing to have a status conference. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Cc: vKerri Hulse, 714 Hogestown Rd., Mechanicsburg, PA 17050 evm Prosser, Esquire John J. Mangan, Esquire COpie M N 3I.V p[B DUSTIN R. SHEFFIELD Plaintiff V. KERRI A. HULSE Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-4070 Civil Term : ACTION 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: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Dylan J. Sheffield 9/15/04 Mother and Father 2. An Order of Court was issued October 12, 2007, a Conciliation Conference was held on August 29, 2008, an Order issued September 04, 2008 and a conference was held February 24, 2011 with the following individuals in attendance: The Father, Dustin Sheffield, with his counsel, Kevin Prosser, Esquire The Mother, Kerri Hulse, self-represented party 3. The Mother's position on custody is as follows: During the school year, Mother would like to retain primary custody and to share custody during the summer months. Mother would like Dylan to remain in her school district. Mother indicates that she does work most every weekend at Holy Spirit Hospital and is agreeable to Father having every weekend. Mother does not want to change the status quo. 4. The Father's position on custody is as follows: Father would like to have primary, or at least shared custody all year around, and would like Dylan to attend his school district in Perry County. Father alleges that Mother's housing situation is not stable and Dylan is displaying some problematic behaviors. Father is also concerned about his son's absences/tardies to school. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: ?? ll? John gan, Esquire Cust dy onciliator 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff V. No. 07-4070 c-) M KERRI A. HULSE, CIVIL ACTION - LAW I N ; rri Defendant IN CUSTODY -<> c a ° -+o ORDER Ica AND NOW this 2011 in da of ?r c , , y , consideration of the attached Motion for Continuance, the matter currently scheduled for June 15, 2011 at 1:30 p.m. is hereby continued. Custody hearing is hereby rescheduled for the L?-Iday of %?& , 2011, at p.m. in courtroom number V L/ Memorandum shall be filed at least five (5) days prior to the date of the above - scheduled hearing. BY T RT J. Court Administration ? Kevin E. Prosser, Esquire, 400 Market Street, Newport, PA 17074 Kerri Hulse, 714 Hogestown Road, Mechanicsburg, PA 17050 Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 ?;fed topistI? o DUSTIN R. SHEFFIELD r 7l : IN THE COURT OF COMMON PLE4 Og --j T)) i, tjFF CT rMBE.RT AND COTJN'ry PV'J q,f A' A ?-_r- r V. ?- 1 [> > :NO. 07-4070 --; KERRI A. HULSE -? f Defendant : CIVIL ACTION-IN CUSTODY' r AND NOW, comes Vincent M. Monfredo , Esquire of Rominger & Associates who files this Motion to Withdraw, and in support thereof, avers as follows: 1. Undersigned counsel was retained by Defendant for the above custody matter in or around December, 2006. 2. Undersigned counsel has prepared and filed all custody pleadings since December, 2006, along with attending all custody hearings. 3. Undersigned counsel was originally retained to attend an emergency custody hearing. 4. Attorney Karl E. Rominger of Rominger & Associates attended an Emergency Hearing on February 11, 2011, also. 5. A new Custody Hearing is scheduled for July 12, 2011. 6. Undersigned counsel forwarded a letter to Defendant requesting she communicate with undersigned counsel's office to confirm whether or not she wanted representation at the aforementioned custody hearing. 7. To date no answer has been received from the Defendant and in the past Defendant has not communicated with undersigned counsel's office regarding representation in a timely manner and counsel has not been retained for any further hearings. 8. Opposing counsel, Kevin Prosser, Esquire has been contacted and he has no objections to the withdrawal. 9. Defendant has failed to provide adequate communication with undersigned counsel which has led to irreconcilable differences between the parties. WHEREFORE, Attorney Vincent M. Monfredo, Esquire respectfully requests that he be allowed to withdraw as counsel for the Defendant in the above captioned case. Respectfully submitted, ROMINGER & ASSOCIATES Date. v ` Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant DUSTIN R. SHEFFIELD : IN THE COURT OF COMMON PLEAS OF of ,1 -±; f : rTMMBERT A_ LrTD CoC. T?r•ry, ?aVAF\TCvi V tNJ A V. :NO. 07-4070 KERRI A. HULSE Defendant : CIVIL ACTION-IN CUSTODY CERTIFICATE OF SERVICE I Vincent M. Monfredo, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Motion to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kerri Hulse 714 Hope Town Road Mechanicsburg, PA 17050 Kevin Prosser, Esquire 400 Market Street Newport, PA 17074 Date: Vincent M. Monfredo, Esq. 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant DUSTIN R. SHEFFIELD : IN THE COURT OF COMMON PLEAS OF ?t ,;» F T R T A T i fl {ll rTTt' DT,.! TS ? r T A V. :NO. 07-4070 KERRI A. HULSE Defendant : CIVIL ACTION-IN CUSTODY VERIFICATION Vincent M. Monfredo, Esquire, states that he is the attorney for Defendant 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: J4 O ?r /_ ? Vincent M. Monfredo, Esquire Attorney for Defendant V DUSTIN R. SHEFFIELD : IN THE COURT OF COMMON PLEAS OF D! ;,,+; ft : CT TN fP Pv y _ 10) V, t?FrJ'?rc vK V. `l zc:« V. MGO rn C rrt! y :NO. 07-4070 ? m KERRI A. HULSE Defendant : CIVIL ACTION-IN CUSTODY =Z Cra RULE TO SHOW CAUSE AND NOW, this 3 day of if!?!: - , 2011, upon consideration of the foregoing Petition, it is hereby Ordered that: 1. A Rule is issued upon the Defendant, Kerri Hulse. to show cause why the Defendant's attorney is not entitled to the relief requested; CIO) The Defendant shall file an answer to the Petition within days of service upon .l}irrr;- - 5 k4010 A* 4a r1r--1jepoStr!un, 11 necessary, s a e o ; on the ?/)Tday of , 2011, at/40o'clock m., in Courtroom # -3 of the Cumberland County Courthouse; , Notice of Entry of this Order shall be provided to all parties by Defendant's attorney. 0 -7. *61 .1jertte, s+, flits case are sTayed en mg re Rule. By the J. Distribution: ? Vincent M. Monfredo, Esquire Kevin Prosser, Esquire V Kerri Hulse 0 Mom ° 41 /1 I No. 07-4070 IN THE COURT OF COMMON PLEAS 2,I I JU N 20 PM 1: ?w CUMBERLAND COUNTY, PENNSYLVANIA `' DUSTIN R. SHEFFIELD, Plaintiff V. KERRI A. HULSE, Defendant 1 L -0r r iGL "IMBEkLA0 "I?=tee PEt!- 11SYL'!A!4LA CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Plaintiff, Dustin R. Sheffield, by and through his counsel Kevin E. Prosser, Esquire, and brings this Motion for Continuance and avers as follows: 1. A hearing on opposing counsel's Motion to Withdraw is currently scheduled for July 1, 2011 at 11:00 a.m. 2. Undersigned Counsel has a scheduling conflict as he will be out of state on a pre-planned, pre-paid vacation that date. 3. This matter has not been previously continued. 4. Defendant, Kerri A. Hulse, represented herself at the custody conciliation in this matter. To Plaintiffs knowledge Defendant is still acting pro se. 5. Vincent M. Monfredo, Esquire, of Rominger & Associates concurs with this Motion for Continuance. WHEREFORE, Plaintiff prays This Honorable Court will grant a continuance in this matter. Respec Ily Submi d Ke in E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff V. No. 07-4070 KERRI A. HULSE, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Brandi L. Jones Zeller, (Paralegal for Kevin E. Prosser, Esquire, do hereby certify that on this II day of June, 2011, 1 served a copy of the foregoing Motion for Continuance by Regular Mail to the person(s) listed below: Kerri A. Hulse 714 Hogestown Road Mechanicsburg, PA 17050 Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Brandi L. Jones Zellers Paralegal for Kevin E. Prosser, Esq. r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff V. KERRI A. HULSE, Defendant No. 07-4070 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of _, 2011, in d? V zrn G4 r*?.... Zr?- rn C? 7. nn cn consideration of the attached Motion for Continuance, the matter currently scheduled for July 1, 2011 at 11:00 a.m. is hereby continued. Hearing on Opposing Counsel's Motion to Withdraw is hereby rescheduled for the /? ?s 5 day of , 2011, at a.m. /PM. in courtroom number--? BY T ` OURT J. c.c.: Court Administration '/Kevin E. Prosser, Esquire, 400 Market Street, Newport, PA 17074 Kerri Hulse, 714 Hogestown Road, Mechanicsburg, PA 17050 Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 9P?es ??G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff V. KERRI A. HULSE, Defendant s-; u? No. 07-070 S' . ? ? CIVIL ACTION - LAW =CD IN CUSTODY STIPULATED AG EMENT IN CU DY AND NOW, this '? ; day of > -- , 2011, the undersigned, Dustin R. Sheffield and Kerri A. Hulse, Father and Mother of Dylan J. Sheffield, age 6 (D.0- B. September 15, 2004), hereby agree as follows; 1. The parties shall have shared legal custody of the minor child. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well- being including, but net limited to, all decisions regarding his health, education, and religion. Pursuant to the terms of 23 Pa.C,S. 95309, each parent shall bo antided to all records and information pertaining to the child including, but not limited to, medical, dental, religious, or school recordS, residence address of the child and of the other parent. To the Wdent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding 1 M -?v N .C- j -BCD CD ?r, 11-, school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Child's education and activities as fully as possible. 2- During the school year Father shall have primary physical custody of the minor Child, with Mother having partial physical custody of the Child every weekend from Friday rafter school until Monday morning when Mother drops the Child off at Father's residence in time for bus pick-up. During the school year Mother shall also have partial physical custody of the minor Child every Wednesday from after school until 0:00 p.m. During the summer months the parties shall enjoy shared physical custody of the Child with a week on / week off schedule. 3. Holidays shall be shared or alternated as agreed upon by the parties. In the absence of an agreement, the parties shall arrange holidays pursuant to the holiday schedule in the October 12, 2007 Order. Each parent Shall have equal time on the Child's birthday, 4, LEach parent shalt have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent at least thirty (30) days advance notice of the requested time and this Vacation week shall supersode the regular physical custody schedule. In the event the parties schedule conflicting vacations, the first party providing written notice shall have the choice of vacation prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can to reached during their vacation, The parties may expand / alter this vacation time by mutual agreement. 6• The non-custodial parent shall be entitled to have reasonable, liberal, telephone contact with the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party- B. During any period of custody or visitation, the Parties to this Order shall not posse, or use controlled substances, or consume alcoholic beVerages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and / or guests comply with this prohibition. g. And at all other times as the parties may agree. WHEREFORE, the parties request that this Stipulation be made an Order of Court. W+fn®? Wi ess Dustin R, Sheffield La' . Hulse t' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA - DUSTIN R. SHEFFIELD, C ) C -'' Plaintiff . zrn 'ma'r=- ,.e . Nr... ? rn ?p V. No. 07-4070 ca ?o • KER121 A. HULSE, . CIVIL ACTION - LAW -cam ? -? a ?,-•,.s r Defendant IN CUSTODY =° c x7 ORDE AND NOW, this 44g Aday of , L IL ? , . --?_, 2091, the attached Stipulated Agreement 6t Custody is hereby made an ORDER of COURT. The hearing scheduled for July 12, 2011, at 1:00 p.m. is hereby CANCELLED, BY THE COUR J, C. C.: Court Administration - i n ?If' ? Kevin E. Prosser, Esquire, 400 Market Street, Newport, PA 17074 Kerri Hulse, 714 ftestown Road, Mechanicsburg, PA 17050 ,/Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 0P n DUSTIN R. SHEFFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-4070 CIVIL TERM KERRI A. HULSE, CIVIL ACTION - LAW ;-yv Defendant IN CUSTODY -.0Z - a OJ °r Fri IN RE: MOTION TO WITHDRAW GRANTED r- ORDER OF COURT AND NOW, this 5th day of August, 2011, uVonr,.) motion of Rominger & Associates, and without objection from Defendant, they are granted leave to withdraw from representation of Defendant in this case. Kevin E. Prosser, Esquire / Attorney for Plaintiff ? Vincent M. Monfredo, Esquire tAa.LL1J Rominger & Associates nop i85 p( v/ Kerri Hulse orb 74 Hogestown Road Mechanicsburg, PA 17050 srs By the Court, DUSTIN R. SHEFFIELD Plaintiff v. KERRI A. HULSE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL'LZN"= 2?7 NO. 07-4070 rn ' te N - r 1-0 CIVIL ACTION-IN CUSTODY d --r to PRAECIPE TO WITHDAW AS COUNSEL -< v TO THE PROTHONOTARY: Pursuant to the Order of Court entered on August 5, 2011, kindly withdraw the appearance of Attorney Vincent M. Monfredo as counsel for the Defendant, Kern A. Hulse in the above captioned Custody action. Respectfully submitted, ROMINGER & ASSOCIATES Date: Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant rn z +,n- -o ,5rn, cp tQ oC-j ,rn DUSTIN R. SHEFFIELD : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07-4070 KERRI A. HULSE Defendant : CIVIL ACTION-IN CUSTODY CERTIFICATE OF SERVICE I Vincent M. Monfredo, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Praecipe to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kerri Hulse 714 Hope Town Road Mechanicsburg, PA 17050 Kevin Prosser, Esquire 400 Market Street Newport, PA 17074 Date: r( Vincent M. Monfredo, Esq. 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant L, ~ `W~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , DUSTIN R. SHEFFIELD, Plaintiff ~ ~n ~ ~ • C, .,r~ v. : No. 07-40 i 0 KERRI A. HULSE, : CIVIL ACTION - LAW Defendant : IN CUSTODY MOTION FOR CHANGE OF VENUE PURSUANT TO Pa.R.C.P. 1915.2 AND NOW, comes Plaintiff, Dustin R. Sheffield, by and through his counsel Kevin E. Prosser, Esquire, and brings this Motion for Change of Venue, and avers as follows: 1. Plaintiff / Petitioner is Dustin R. Sheffield (hereinafter "Father"), currently residing at 345 Burn Hill Road, Shermans Dale, Perry County, Pennsylvania, 17090. II 2. Defendant / Respondent is Kerri A. Hulse (hereinafter "Mother"), currently residing at 109 South Lockwillow Avenue, Harrisburg, Dauphin County, Pennsylvania, 17112. 3. The minor child in this instant custody action is Dylan J. Sheffield, age 7 (D.O.B. September 15, 2004). 4. On June 29, 2011, the parties entered into a Stipulated Agreement in Custody for shared legal custody of the minor child, with Father having primary custody during the school year and the parties enjoying shared physical custody in thc summer. Said Stipulated Agreement was made an ' Order of Court on July 8, 2011. (A True and Correct Copy of Which is Attached). 5. Pursuant to the Court Order the child primarily resides in Perry County. 6. Neither Mother nor Father resides in Cumberland County. 7. Petitioner requests This Honorable Court issue an order changing venue in this matter to Perry County. j WHEREFORE, Plaintiff prays This Honorable Court sign the attached Order transferring the instant action to Perry County. Re tf Ily bmitted s evin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, : Plaintiff : V. : No.07-4070 KERRI A. HULSE, : CIVIL ACTION - LAW I Defendant : IN CUSTODY I I CERTIFICATE OF SERVICE I, Brandi L. Jones Zellers, P ralegal for Kevin E. Prosser, Esquire, do hereby certify that on this ~ day of November, 2011, I served a copy of the foregoing Motion for Change of Venue, by Regular Mail to the person(s) listed below: Kerri A. Hulse 109 South Lockwillow Avenue Harrisburg, PA 17112 ~ , \ andi L. Jones Zelle s Paralegal for Kevin E. Prosser, Esq. ~ . r. tN TNE COURT OF COMMON P'LE4S CUMBERLANp CGIUNTY, PENNSYLVANIA DUSTIN R. SyEFFiELD, , Ptainffff ' - ' V. ~ No.07-4074 KER}21 A. HULSE, Defendant CIV1L ACTf4N - ~.qvv ~ 1N CUS70DY o-8T-ER AND NUW, this 97~5 - 1,~ day °f ` , 2091, the attached Stlpufated AAreemen# 6t Cuatody is here bY n-ade an ORDER of COURT, The hearing scheduled fbr July 12,2011, at 1:00 p.m. is hereDy CANCELLED, BY,THE~~p(~~ J. c.c.. Cour{ Admfnistratbn Ke Wn E. p rasser, Esquire, 400 Matke# Street, N HUI$e 714 Hogestown Road. ~lechanicabur~,~Pq 1~5p074 , ~9 As~o4tiates, 155 South Hertover Street, Carnste, PA 17p13 TRUE COP'1t FROM RECORD 7b6*" wh~. I here urrro set my hand NtfdWd Cariiale, Pa . ; _ 15_ dev a 201L_ pP rothonotary r l " 1N TME COUFtT OF COMMQN PLEAS CUMBERLAND CDUNTY, PENNSYlVA1VIA • DUSTIN R. SHEFFIELD, : ~ P(eintiff . i-n 0) c- r r7ir . r -urTr V. r - Na_ 07-4070 -<3' C' o-n KERRI A. HUDefendaLSE. ~ CIVIL ACTION -!„AW zQ ~ oc`z . IN CUSTODY vC: ~ -j ~ . . _ STIPUU4TEb AGREEAI! NT jN CU~T_ pD1( O ~ AND NOW, this ~ day of (1-~ . 2011 #he , underSig~~ DusjEp R. gh~~~ and Kerri A. Hulse, Father and Mother of Dy1a?1 J. Sheffield, age 6(13.0.13. Sepfember 15, 2004), 110reby agnee as followg; . 1. The parties Shatl have shared fegal custody of to minor child. 'rhe parues shall have an eyual right, to be exercised jqlntly with the other par$nt, to make 8N m;4or non-emergency decisions offeofing the child's yenetal weiH being including, but not limifed to, alt decislo?s regarding hfs heaith, . educatlpn, and religion. Pursuant to fhe terms of 23 Pa.C.S. §5309, each parent shalf bs entitted to all records and infotmafion pertairijng to the child including, but not Ifrnited tp, medical, dQnfal, religious, or schoal records, residence addres$ of the child and of the other parent. To the exlent one parent has poSS68sion of any such rer,ards or irtformaVon, that perent shail be required to share the same, or cQplw thereof, wlth the other parent within such reasonab)e time as to malce the necords and 'nformatoh of reasonable uue to the other par@n#, Specifrcalfy, the panert#s shatl be required to share with each ethar infom-,atlon cegarding I~ _ schoQ! Activities and qxtracurricular activifies in a prompt fashion so that eaah Parent may participate in the Child's education and activities as fUl1y as pos8lbte. 2. DuHng the school year Father shall have primary physical cusfady of the . . minor ChUd, with Mother having partial pMysical custody of the Chiid every weekend frQm Friday affar school until Monday marning when Mother ' drops the Child off at Fether's msidencs in iime fnr W8 p;ck_up, During the schrxoi year Mothsr shall aiso haye part(ai phys;cal cus#ody qf the . minor Ghild 8very Wednauday from after whool untll 6;00 p.rn. Durirg the summer manths the parties sha1l enjoy sharecl phys,~l cuS{odY of the Child with a week qn / week off schedule. 3. Halidays shall be shared or atternated as agteed upon by the pa~ies. In the absence of an agreement, the peffe$ $ha1( arrange holiciays pursuant to the haliday Schedtile in the pciaber 72, 2007 Order. Each parent ighag . . have equa1 time ot1 the Chiid's birthday, - 4, rEach parent shalf have tn?a npn-cQnsecuNvo w~~ ~~~~~n with the Child per year, 'i'he requesfing parenf shali give the Q{her parent at Iaini tF?Ir#y (30) days advance notice qf the requested fime and thls Vaca#ion week shail supemede the reguler physical custody schedule. In the event the parties sChettufe oonflicting vacafions, the first party praviding written notice shall havg the choice of vacation. Prior to departure, ft parties wiJl provide each other with informat+on regarding the intended vacation destln$tion and a tefephone number at which they oan be reached during : their vacation. The parE(gs may expand / a!#er #his vaca#ion time by mutual agccarnent. . 5• The non-custadial parent shafi be QntitJed to have reasonable, fiberal, telephone confac# wfth the Child. . , 6• In thO event of a medlcal eniergency, the custodial parly shall notify the . ofher Rorty as soon as prectioabie afler the emergency is handled. - 7. Neither party may say oc do anything nor pemtit a third party to do or say anythlns; that may estrange the Child from the other par#y, er injure the opiniott of the QhikJ as to thg pthQr party, or rnay hamper the free and neturaf developmsn# af the Child's lave or affecfian for the other party_ g. durin9 any Psriod Of custody or visitation, the parUes to this Qrder sha11 nof possega ar use controlleq substances, or Consume alcoholiG beVerages tfl the point of infoxication. The perties shall li{cewise assure, to . the extent possibRe, that other household members and ! or guests comply with this prohibitian. 9• And at all othar #'unes as the parties may aqnee. WHEREFORE, th8 partift request that this Stipulation be made an Order of Court. J. , . ~ ~ W~fness Dustin R. Sheffield . w ~ Ke DUSTIN R. SHEFFIELD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA C) V. : C= C= ~ . rnt~1 p ~'st KERRI A. HULSE, : NO. 2007 - 4070 CIVIL TERM -,rn Defendant . ~ m • i-~-z Q -ry . ZCt : y. c:: ~t'=`9 ORDER OF COURT AND NOW, this 9TH day of NOVEMBER, 2011, a Rule is issued upon defendant I to Show Cause why venue in this case should not be transferred to Perry County. Rule returnable twenty (20) days after service. B ourt, ~ Edward E. Guido, J. J Kevin E. Prosser, Esquire ? Kerri A. Hulse .~a : sld ORIGINAL DUSTIN R. SHEFFIELD : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 2007-4070 CIVIL TERM KERRI A. HULSE Defendant MM Q " ? MOTION FOR CHANGE OF VENUE AND NOW, comes Defendant, Kerri A. Hulse, by and through her counseMoA. Galloway, Esquire, and file this Motion to Change Venue, and represents as follows: Defendant/Petitioner is Kerri A. Hulse (hereinafter "Petitioner"), currently residing at 109 S. Lockwillow Avenue, Harrisburg, Pennsylvania, Dauphin County, Pennsylvania, 17112. 2. Plaintiff/Respondent is Dustin R. Sheffield (hereinafter "Respondent"), currently residing at 345 Burn Hill Road, Shermans Dale, Perry County, Pennsylvania, 17090. 3. The minor child who is the subject of this action is Dylan J. Sheffield, age 7 (D.O.B. September 15, 2004). 4. On November 3, 2011, the Respondent filed a Motion to Change Venue to Perry County, and Petitioner filed an Answer to that Motion showing cause why venue should not be transferred to Perry County. 5. Petitioner would like for this Honorable Court to transfer venue in this case to Dauphin County, Pennsylvania. 6. Dauphin County is the child's home county because the child has resided with the Petitioner in Dauphin County for six (6) consecutive months immediately preceding the filing of this Motion to change venue. 7. Moreover, the child has also resided with the Respondent in Perry County for more than six consecutive months. 8. On June 29, 2011, the parties entered into a Stipulated Custody Agreement which was adopted as an Order of Court on July 8, 2011 that gave the father primary physical custody of the child. 9. Notwithstanding this Court's order of July 8, 2011 granting primary physical custody to the respondent, Petitioner has the child in her care a majority of the time. 10. Furthermore, Petitioner plans to modify the existing custody order because the current custody order is NOT in the child's best interest. 11. According to the Defendant, the child has expressed on several occasions that he does not wish to live with the Respondent a majority of the time; instead, the child has expressed that he wishes to reside with Petitioner the majority of the time. 12. Since Petitioner agreed to allow the Respondent to have primary physical custody, the child's grades in school have declined. 13. Additionally, the child has expressed to Petitioner that he misses his two (2) year old little sister and being away from his little sister is difficult. 14. Importantly, the child has confided in his counselor that he hates that his step- mother, Morgan, talks badly about his mother in his presence. WHEREFORE, Petitioner prays that this Honorable Court grant her Motion to Change Venue to Dauphin County, Pennsylvania. 2 Respectfully submitted, R loway, Esquire V t. I.D. # 206841 arket Street Suite 102 Lemoyne, PA 17043 (717) 737-3300 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that any false statements made herein are subject to penalty under 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: PETITI NER CERTIFICATE OF SERVICE I, ROY GALLOWAY III, ESQUIRE, certify that I served a true and correct copy of the foregoing document upon the person(s) and in the manner indicated below, which satisfies the Pennsylvania Rules of Civil Procedure. Service by First-Class Mail addressed as follows: Kevin E. Prosser, Esquire 400 Market Street Newport, PA 17074 Cumberland County Prothonotary 1 Courthouse Square, Suite 100 Carlisle, PA 17013 Date: 717 Market St. Ste 102 Lemoyne, PA 17043 (717) 737-3300 DUSTIN R. SHEFFIELD VS. KERRI A. HULSE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2007-4070 CIVIL LAW- IN CUSTODY ORDER OF COURT AND NOW, this the Plaintiff to Show Cause Rule returnable 401 , a Rule is issued upon day of 0800C*'0* venue in this case should not be transferred to Dauphin County. (20) days after service. BY OUR / Roy L. Galloway, Esquire, 17 Market St., Suite 102, Lemoyne, PA 17043 /Kevin E. Prosser, Esquire, 00 Market St., Newport, PA 17074 Court Administration cop .t es "j ed J4 awl ?i U c JME -n z= Q C-? rn - m tv 0 M C7 < ? D N CD ---i Q CD ?? ? -? C:) Z Q D, C W CIO ?f'?i 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff V. No. 07-4070 KERRI A. HULSE, CIVIL ACTION - LAW Defendant IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR CHANGE OF VENUE 0 Mm a rn? -o rev" -c AND NOW, comes Plaintiff, Dustin R. Sheffield, by and through his counsel Kevin E. Prosser, Esquire, and brings this Answer to Defendant's Motion for Change of Venue, and avers as follows: 1. Denied. After reasonable investigation, Father is without knowledge as to the truth of this averment. Mother has moved many times throughout the course of the litigation. To Father's knowledge, Mother is not moving to Dauphin County until January 20, 2012. 2. Admitted. 3. Admitted. 4. No response required. 5. No response required. 6. Denied. The minor child has resided primarily with Father in Perry County since August 2011. See Order, attached. 7. Admitted that the minor child resides primarily with Father in Perry County. 8. Admitted. ?Y 9. Denied. By way of further response, the minor child resides with Father during the week and with Mother only on weekends. In addition, Mother has not attended extracurricular activities with the minor child. 10. Denied. The minor child is thriving in Father's care, and in fact is getting better grades than previous years while in the custody of Mother. Also, Mother's "intent" to attempt to modify custody does not dictate venue. 11. Denied. Father is without knowledge as to the truth of this averment and same is therefore denied. By way of further response, the minor child thrives with Father and loves being with him. 12. Denied. By way of further response, the child's grades have improved this year since he has been residing with Father. Moreover, Mother's averment is irrelevant to a change of venue. 13. Denied. Father is without knowledge as to the truth of this averment and same is therefore denied. By way of further response, Mother's averment is irrelevant to a change of venue. 14. Denied. Father is without knowledge as to the truth of this averment and same is therefore denied. By way of further response, the minor child thrives with Father and loves being with him. Moreover, Mother's averment is irrelevant to a change of venue. WHEREFORE, Plaintiff Father prays This Honorable Court deny Defendant Mother's Motion to Change Venue to Dauphin County, and instead grant Plaintiff Father's Motion transferring the instant action to Perry County. Respectfully Submitted Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 ATTORNEY VERIFICATION Undersigned Counsel, Kevin E. Prosser, Esquire, hereby verifies and states that: 1. He is the attorney of record for Dustin R. Sheffield, plaintiff. 2. He is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing Plaintiff's Answer to Defendant's Motion for Change of Venue are true and correct to the best of his knowledge, information, and belief. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff V. KERRI A. HULSE, Defendant No. 07-4070 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Brandi L. Jones Zellers, Paralegal for Kevin E. Prosser, Esquire, do N1 hereby certify that on this day of January, 2012, I served a copy of the foregoing Motion for Change of Venue, by Regular Mail to the person(s) listed below: Roy L. Galloway, Esquire 717 Market Street Suite 102 Lemoyne, PA 17043 ndi L. Jones Zeller Paralegal for Kevin E. Prosser, Esq. ,,;., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN R. SHEFFIELD, Plaintiff v, KERRI A. HULSE, Defendant No. 07-4070 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of„k Y , 2011, the attached Stipulated Agreement In Custody is hereby made an ORDER of COURT, The hearing schedUled for July 12, 2011, at 1:00 p,m. is hereby CANCELLED, BY THECOUR C.C.. Court Administration Kevin E. Prosser, Esquire, 400 Market Street, Newport, PA 17474 Kerri Hulse, 714 Hogestown Road, Mechanicsburg, PA 17050 Rominger & Assodates,155 South Hanover Street, Carlisle, PA 17013 TRUE COPY FROM RECORD In TOOM&W vA a d. I here unto set my nand Mid dts ?td stld Carlisle. Pa ?TMs...?. dayd . 20 ?_ Prothonotary 4? DUSTIN R. SHEFFIELD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KERRI A. HULSE NO. 2007 - 4070 CIVIL ORDER OF COURT AND NOW, this 20TH day of JANUARY, 2012, a hearing on the parties respective Motions for Change of Venue will be held before this court on THURSDAY, MARCH 1, 2012, at 1:00 p.m. in Courtroom # 3. ? Kevin E. Prosser, Esquire ?' Roy L. Galloway, Esquire :sld ecjp-.e!S ,erl i/?a11a By Edward E. Guido, J. c -, CD :zM v)r" i'yk by N O l4? ?x .F L.?; T i DUSTIN R. SHEFFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KERRI A. HULSE, CIVIL ACTION - LAW Defendant NO. 07-4070 CIVIL TERM IN RE: CHANGE OF VENUE ORDER OF COURT AND NOW, this 1st day of March, 2012, after hearing we are satisfied that Perry County is the home county of the child, and venue is transferred to the Court of Common Pleas of Perry County. By the Court, Edward E. Guido, J. /Kevin E. Prosser, Esquire For the Plaintiff ? Roy L. Galloway, Esquire For the Defendant - rn CO rn z• n r '_.... rV Y ( ? < y. CD -r s C X7 CD .'J :lfh C©F, ??a.1??1 ??s/?