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HomeMy WebLinkAbout07-5929BRANDON ANTHONY HAMILLA, Plaintiff V. SARAH ELIZABETH SHIRK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- ?9a 9 CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Brandon Anthony Hamilla, hereinafter referred to as Father. Father resides at 137 South East Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Sarah Elizabeth Shirk, hereinafter referred to as Mother. Mother is believed to reside at either 216 Arch Street, Carlisle, Cumberland County, Pennsylvania 17013 or 1507 Shirley Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Father seeks periods of partial custody of the minor child: Name April Shirk Present Residence 216 Arch Street Carlisle, PA 17013 Or 1507 Shirley Lane Carlisle, PA 17013 April was born out of wedlock. April is presently in the custody of Mother. Age 5/21/07 DOB, -5 mths old During her lifetime, April has resided with the following persons and at the following addresses: Name Address Sarah Shirk 216 Arch Street Paul Shirk Carlisle, PA 17013 Sarah Shirk 1507 Shirley Lane' Roxanne Shirk Carlisle, PA 17013 Chris Shirk Matthew Shirk Date Birth - Present Birth - Present The parties are no longer in a relationship. 4. Mother resides with the following persons at the Arch Street address: Name Paul Shirk Relationship Maternal Grandfather April Shirk Daughter with Plaintiff Mother resides with the following persons at the Shirley Lane address: Roxanne Shirk Chris Shirk Maternal Grandmother April's Uncle Matthew Shirk April's Uncle April Shirk Daughter with Plaintiff 5. Father currently resides with the following persons: Name John Hamilla Elizabeth Hamilla Relationship Paternal Grandfather Paternal Grandmother 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of April in this or another court. 7. Father has no information of a current custody proceeding concerning April pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of April or claims to have custody or visitation rights with respect to April. 9. The best interest and permanent welfare of April will be served by granting the relief requested for reasons including, but not limited to the following: a) Father lives with his parents who will allow Father to exercise his periods of partial custody at their home. This home is a safe, stable, family environment where April can spend time with her Father and her relatives from his side of the family. b) Father is willing and able to care for April during periods of partial custody and he is committed to establishing a healthy father/daughter relationship with her. c) Father is willing to work with Mother to co-parent April and will communicate with Mother to best serve April's interests. d) Mother has not acted in April's best interest in ways including but not limited to the following: i) Mother unilaterally and arbitrarily decided that Father could not visit with April and has refused to speak to Father about April. ii) The paternal grandfather is confrontational when Father tries to speak to Mother about April and Mother has allowed the paternal grandfather to negatively interfere with Father's ability to foster a relationship with April. iii) Father and his family offered to provide clothing and other items needed to care for April but Mother refused all offers for help from Father. 11. Every person with rights to custody or having actual physical custody of April has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of April. 2) Grant Mother primary physical custody of April. 3) Grant Father periods of partial custody with April. 4) Establish a holiday schedule to ensure that both parents are able to celebrate with April. 5) Any further relief that this Court finds to be just and proper. Res c ully submitted, Je a H st, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, BRANDON ANTHONY HAMILLA, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ,? `-? Date: R,-, Jw) 1b?Aln- randon Anthony Hami11a BRANDON ANTHONY HAMILLA, Plaintiff V. SARAH ELIZABETH SHIRK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- CIVIL TERM : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Hoist, do hereby swear that I served Sarah Shirk with a Complaint For Custody on 10406V 01 , 2007 by certified mail, return receipt, restricted delivery, to the person and addresses below: Sarah Elizabeth Shirk 216 Arch Street Carlisle, PA 17013 Sarah Elizabeth Shirk 1507 Shirley Lane Carlisle, PA 17013 Date: /0 - q - a-)" Signature: ?I a U ?„ rr' c7 z t -0 kr m A r-o BRANDON ANTHONY HAMILLA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.07 CIVIL TERM SARAH ELIZABETH SHIRK, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Brandon Hamilla, Plaintiff, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. es a Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 g b b f?> a l r *kj BRANDON ANTHONY HAMILLA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SARAH ELIZABETH SHIRK DEFENDANT 2007-5929 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 18, 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 Tuesday, October 30, 2007 at 1:00 PM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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/ John j. Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '`tee'/ C 0 8/• p/ AQ? VIA.; STASNN?:Id AIW- 9 S :C Wd 81 130 LOOZ Ad`dl0Nv Odd aHS d0 30I,- ?' -031IJ NOV 19 2001 P 5 BRANDON ANTHONY HAMILLA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-5929 CIVIL ACTION LAW SARAH ELIZABETH SHIRK, IN CUSTODY Defendant : ORDER OF COURT AND NOW this I - day of November, 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Brandon A. Hamilla, and the Mother, Sarah E. Shirk, shall have shared legal custody of April Shirk, born 5/21/07. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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. 2. Physical Custody: Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: a. Commencing November 12, 2007, father shall have partial physical custody of April two evenings between Monday and Friday every week from 4:00 pm until 7:00 pm and Sunday from 10:00 am until 1:00 pm. Father's partial custodial periods shall occur at Father's/ paternal grandmother's residence and maternal uncle, Chris Shirk, shall also attend the custodial periods until further Order of Court. b. The parties may alter or expand Father's physical custodial periods upon mutual agreement. 3. Father shall continue with his counseling and participate in Parent Works and Mother shall continue with her parenting classes at Carlisle High School. 4. Holidays: Memorial Day, Independence Day and Labor Day shall be alternated between the parties with the custodial parent to have custody from 9:00 am until 6:00 pm the day of the holiday commencing with Father to have Memorial Day in 2008. Thanksgiving (9:00 am until 6:00 pm) shall be alternated between the parties with Mother having odd years and Father having even years. Mother shall always have Mother's Day and Father shall always have Father's Day from 9:00 am until 6:00 pm. Christmas and Easter shall be addressed at updated conciliation conference December 17, 2007 at 4:00 pm. P . ti 5. Transportation: Maternal grandmother shall provide the transportation for the Child to Father's residence, unless otherwise mutually agreed upon. 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 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. The parties, household members and third parties are directed to not smoke in confined places in the presence of the Child and are directed to provide a safe healthy environment for April. 10. Both parents are directed to communicate medical appointments for Child to one another within a reasonable time frame. 11. 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. A status update conference is tentatively scheduled for December 17, 2007 at 4:00 pm at the Cumberland County Court of Common Pleas. The parties are directed to contact the assigned Conciliator to request a telephonic conference or to cancel/ reschedule the scheduled conference as necessary. By the Court, Distribution: Megan Riesmeyer, Esquire and Certified Legal Intern, Takara Strong (Family Law Clinic) Jessica Holst, Esquire John J. Mangan, Esq. OCT I Ir-s MW LECL if1l3 /a? VNVAI?SWd 9 a .E std C ! AON LOOZ AdVIONGKLCda 3Hl ?O 3OL44Ct-0310 . ., BRANDON ANTHONY HAMILLA, Plaintiff V. SARAH ELIZABETH SHIRK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5929 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITS CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 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 April Shirk 5/6/2006 Primary-Mother 2. A Conciliation Conference was held with regard to this matter on November 12, 2007 with the following individuals in attendance: The Mother, Sarah E. Shirk, with her counsel, Megan Riesmeyer, Esquire and Certified Legal Intern, Takara Strong The Father, Brandon A. Hamilla, with his counsel, Jessica Holst, Esquire 3. The parties agreed to the entry of an Order in the form as attached. ///11//?)Z Date Jo J. angan, Esquir Cu to Conciliator DEC 21 2007 BRANDON ANTHONY HAMILLA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-5929 CIVIL ACTION LAW SARAH ELIZABETH SHIRK, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this ? day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated November 13, 2007 is hereby VACATED. 2. Legal Custody: The Father, Brandon A. Hamilla, and the Mother, Sarah E. Shirk, shall have shared legal custody of April Shirk, born 5/21/07. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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. 3. Physical Custody: Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: a. Commencing November 12, 2007, Father shall have partial physical custody of April two evenings between Monday and Friday every week from 4:00 pm until 7:00 pm and Sunday from 10:00 am until 1:00 pm. All periods of Father's partial custody shall occur at Father's/ paternal grandmother's residence and it is understood that a mutually agreed upon responsible adult shall also be present during Father's custodial periods until Father successfully completes his parenting classes or further Order of Court. b. The parties may alter or expand Father's physical custodial periods upon mutual agreement. 4. Father shall continue with his counseling and participate in anger management and parenting classes and Mother shall continue with her parenting classes at Carlisle High School. 5. Holidays: a. Memorial Day, Independence Day and Labor Day shall be alternated between the parties with the custodial parent to have custody from 9:00 am until 6:00 pm the day of the holiday commencing with Father to have Memorial Day in 2008. b. Thanksgiving (9:00 am until 6:00 pm) shall be alternated between the parties with Mother having odd years and Father having even years. c. Mother shall always have Mother's Day and Father shall always have Father's Day from 9:00 am until 6:00 pm. d. Father shall have physical custody of April Shirk Christmas Eve (12/24) from 4:00 pm until 7:00 pm. e. Father shall have physical custody of April Shirk on Easter Day from 9:00 am until 3:00 pm. 6. Transportation: Maternal grandmother shall provide the transportation for the Child to Father's residence, unless otherwise mutually agreed upon. 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 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. The parties, household members and third parties are directed to not smoke in confined places in the presence of the Child and are directed to provide a safe healthy environment for April. 11. Both parents are directed to communicate medical appointments for Child to one another within a reasonable time frame. 12. 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, Distribution: Megan Riesmeyer, Esquire and Certified Legal Intern, Takara Strong (Family Law Clinic) Jessica Holst, Esquire ?// John J. Mangan, Esq. CO? 6 ?S rnd C&k j ?VINAI SN??l?? r{?ry 9C :I! WV I Z 330 LOOZ 301:40 BRANDON ANTHONY HAMILLA, Plaintiff V. SARAH ELIZABETH SHIRK, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5929 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of April Shirk 5/6/2006 Primary-Mother 2. A Conciliation Conference was held with regard to this matter on November 12, 2007 with the following individuals in attendance: The Mother, Sarah E. Shirk, with her counsel, Megan Riesmeyer, Esquire and Certified Legal Intern, Takara Strong The Father, Brandon A. Hamilla, with his counsel, Jessica Hoist, Esquire 3. The Honorable M. L. Ebert, Jr. entered an Order of Court dated November 13, 2007 pertaining to the custody of April Shirk. 4. A Conciliation Conference update to address the holiday schedule was held with regard to this matter on December 18, 2007 with the following individuals in attendance: The Mother, Sarah E. Shirk, with her counsel, Megan Riesmeyer, Esquire and Certified Legal Intern, Takara Strong The Father, Brandon A. Hamilla, with his counsel, Jessica Hoist, Esquire 5. The parties agreed to the entry of an Order in the form as attached. '1 ` 2 c? fd Date John g , Esquir Cus dy onciliator BRANDON A. HAMILLA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANft j q c V. 2007-5929 CIVIL ACTION LAW 3> ? Cr+ SARAH E. SHIRK r° IN CUSTODY -- DEFF,NDANT Qi ORDER OF COURT AND NOW, Friday, July 06, 2012 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the co iciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 03, 2012 at 8: 0 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disp te; 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 A. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Am( 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 arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch 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. 5 c2r,417 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 J10 BRANDON ANTHONY HAMILLA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAI V. No. 07-5929 CIVIL ACTION LAW SARAH ELIZABETH SHIRK, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this Ilk day of August 2012, upon consideration of the attached Conciliation Report, it is Ordered and Directed as follows: I. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Brandon A. Hamilla, and the Mother, Sarah E. Shirk, shall have shared legal custody of April Shirk, born 5/21/07. The parties shall have an equal right to al all major non-emergency decisions affecting the Child's general well-being including, but of limited to, all decisions regarding her 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 e Child including, but not limited to, medical, dental, religious or school records, the residen e address of the Child and of the other parent. To the extent one parent has possession of an. such records or information, that parent shall be required to share the same, or copies there f, with the other parent within such reasonable time as to make the records and information reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody subject to Father's rights partial custody which shall be arranged as follows in the absence of agreement otherwise: a. Father shall have physical custody of April at his Mother's residence every Wed= from 4:00 pm until 7:00 pm and every Saturday from 12:00 pm until 6:00 pm. Mother (or'. representative) shall bring April to paternal grandmother's residence to begin Father's cust period and Father (or his representative) shall drop off April to maternal grandfather's residence to end his custodial periods. b. The parties may alter or expand Father's physical custodial periods upon mutual agreement. 4. Each parent shall ensure that April is transported in an appropriate care seat and by a valid y licensed driver. 5. Holidays: a. Memorial Day, Independence Day and Labor Day shall be alternated between the p with the custodial parent to have custody from 9:00 am until 6:00 pm the day of the holiday commencing with Father to have Memorial Day in 2008. b. Thanksgiving (9:00 am until 6:00 pm) shall be alternated between the parties with P having odd years and Father having even years. c. Mother shall always have Mother's Day and Father shall always have Father's Day 9:00 am until 6:00 pm. d. Father shall have physical custody of April Shirk Christmas Eve (12/24) from 4:00 p: until 7:00 pm. e. Father shall have physical custody of April Shirk on Easter Day from 9:00 am until 3 pm. 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consumelbe 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. The parties, household members and third parties are directed to not smoke in confined I in the presence of the Child and are directed to provide a safe healthy environment for A 10. Both parents are directed to communicate medical appointments for Child to one another within a reasonable time frame. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S §5337. 12. A status conference with the assigned conciliator 9:00 am at the Court of Common Pleas in Carlisle. 2012 at 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may the provisions of this Order by mutual consent. In the absence of mutual consent, the t this Order shall control. Distribution: ? The Community Law Clinic ? Bret Shaffer, Esquire John J. Mangan, Esq. /t c PP;eS ^a Jed lei By the Court, r.? 3a* -? CZ Co of BRANDON ANTHONY HAMILLA, Plaintiff V. SARAH ELIZABETH SHIRK, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl` No. 07-5929 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCED 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 r???r*?- '^ *?? r•??* .a April Shirk 5/6/2006 Primary- 2. A Conciliation Conference was held with regard to this matter on November 12, 2 an Order issued November 13, 2007, a conference was held December 18, 2007, an Order issued December 21, 2007 and a conference was held August 03, 2012 with the following individuals in attendance: The Mother, Sarah E. Shirk, with her counsel, the Community Law Clinic The Father, Brandon A. Hamilla, with his counsel, Bret Shaffer, Esquire 3. The undersigned recommends and the parties agreed to the entry of an Order in form as attached. The undersigned believes this is in the Child's best interest. Date John J. an , Esquire Custo y C ciliator ~l r „___.t _ J C" ..._1 J BRANDON ANTHONY HAMILLA, Plaintiff v. SARAH ELIZABETH SHIRIL, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5929 CIVIL ACTION :LAW IN CUSTODY ORDER OF COiJRT ~~ AND NOW this ~~ day of October 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: .411 prior Orders of Court are hereby VACATED and replaced with this Order, ~. 4. Leal Custody: The Father, Brandon A. Hamilla, and the Mother, Sarah E. Shirk, shall have shared legal custody of April Shirk, born 5/21/07. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant. to the terms of 23 Pa.C.S. X5309, 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. Physical Custod`~: Mother shall have primary physical custody subject to Fath~;r's rights of partial custody which shall be arranged as follows in the absence of agreement otherwise: a. Father shall have physical custody of April at his uncle's residence every Wednesday from 4:30 pm until 7:00 pm and every Saturday from 12:00 pm Lentil 7:00 pm. "I'he exchanges shall be by agreement of the parties; in the absence of agreement, Father shall provide the transportation. b. If Father is unable to exercise his periods of custody, Father shall notify- Mother 24 hours beforehand of such. c, "The parties may alter or expand Father's physical custodial periods upc:~n mutual agreement. Each parent shall ensure that April is transported in an appropriate care seat and by a validly licensed driver. Holidays: a. The parties have agreed to share and arrange the holidays together by agreement; in the absence of agreement, the parties shall abide by the schedule below. b. 1Vlemorial Day, Independence Day and Labor Day shall be alternated bet~~~een the parties with the custodial parent to have custody from 9:00 am until. 6:00 pm the clay of the holiday commencing with Father to have Memorial Day in 2008. c. Thanksgiving (9:00 am until 6:00 pm) shall be alternated between the parties with Mother having odd years and Father having even years. d. Mother shall always have Mother's Day and Father shall always have Fa.ther's Day from 9:00 am unti16:00 pm. e. Father shall have physical custody of April Shirk Christmas Eve (12/24) born 4:00 pm until 7:00 pm. f. Father shall have physical custody of April Shirk on Easter Day from 9:Ot) am until 3:00 prn. 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 1:he Child as to the other party, or ma~~ hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7 9 10 In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. During any periods of custody or visitation, the parties shall not possess or use illegal substances or co:nsume/be under the influence of alcoholic beverages to the ponnt of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. The parties, household members and third parties are directed to not smoke in confined places in the presence of the Child and are directed to provide a safe healthy environment for April. Both parents are directed to communicate medical appointments for Child to one <~nother within a reasonable time frame. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of anon-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child'children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 2 ~ Pa.C.S. X5337. 12. This Order is entered pursuant to a Custody Conciliation Conferf;nce. The parties may modify the provisions of this Order by mutual consent. In the absence ofmutual consent, the terms of this C)rder shall control. dlNtlr~- i.1Nfi'4~ C Distribution: ; ', ~ ~ Wd ~ The Community Law Clinic `~ Michael Scherer, Esquire - ~ ~4~N~ ,/John J. Mangan, Esq. By the Court, Lpp,`e,s ~, led' /~ ~~/a ~j!G :?~'~~ar~i0H10Nd ~IH.~ ~;? BRANDON ANTHONY HAMILLA, Plaintiff v. SARAH ELI7ABETH S HIRK, Defendant: Prior Judge: M. L. Ebert, Jr., J. IN THE COURT Oh COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5929 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following :report: 1. The pertinent information pertaining to the Child who is the subject of this Litigation is as follows: Name Date of Birth Currentl. in the Custody of April Shirk 5/6/2006 Primary-Mother 2. A Conciliation Conference was held with regard to this matter on November 12, 2007, an Order issued November 13, 2007, a conference was held December 18, 2007, an Order issued December 21, 2007, a conference was held August 03, 2012, an Order issued August 0'7„ 2012 and a conference was held October 12, 2012 with the following individuals in attendance: The Mother, Sarah E. Shirk, with her counsel, the Community Law Clinic The Father, Brandon A. Hamilla, with his counsel, Michael Scherer, Esquire 3. The undersigned recommends and the parties agreed to the entry of an Clyder in the form as attached. The undersigned believes this is in the Child's best interest. f Date John .. gan, Esquire Cus dy onciliator BRANDON ANTHONY HAMILLA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA: V. : NO. 2007-5929 CIVIL TERM' ; SARAH ELIZABETH SHIRK Defendant : IN DIVORCE - PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Brandon Anthony Hamilla Plaintiff, to proceed in forma pauperis. I, Michael A. Scherer, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Date: /Z. 19 111- .AA < l Michael A. Scherer, Esquire Attorney for Plaintiff 19 West South Street Carlisle, PA 17013 (717) 249-6873 BRANDON ANTHONY HAMILLA, Plaintiff V. SARAH ELIZABETH SHIRK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5929 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ` PETITION TO MODIFY CUSTODY` AND NOW, comes, Brandon Anthony Hamilla, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows- 1 . The Petitioner is Brandon Anthony Hamilla (hereinafter "Father"), an adult individual who resides at 137 South East Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Sarah Elizabeth Shirk (hereinafter "Mother"), an adult individual who resides at 1507 Shirley Lane, or 216 Arch Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of April Shirk born May 21, 2007 (hereinafter "child") 4. On October 25, 2012, a Custody Order was entered in this matter, which Order granted the parties shared legal custody, the Mother primary physical custody and the Father partial physical custody. A copy of this Order is attached hereto as Exhibit "A." 5. Father believes it will be in the Child's best interest for the Order to be modified to provide him with more time with the child. WHEREFORE, Father respectfully requests that this Honorable Court modify the October 25, 2012 Order to award him more time with the child. Respectfully submitted, BARIC SCHERER, LLC 4) ch el A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION The statements in the foregoing Petition To Modify Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: OA) A,ty? I' Brandon Anthony Hamilla CERTIFICATE OF SERVICE I hereby certify that on December 19, 2012, I, Lori Duncan, secretary at Baric Scherer, did serve a copy of the Petition To Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Anna Strawn Community Law Clinic 371 West South Street Carlisle, Pennsylvania 17013 Lori Duncan BRANDON ANTHONY HAMILLA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-5929 CIVIL ACTION LAW SARAH ELIZABETH SHIRK, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this alb day of October 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Brandon A. Hamilla, and the Mother, Sarah E. Shirk, shall have shared legal custody of April Shirk, born 5/21/07. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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. Physical Custodv: Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows in the absence of agreement otherwise: a. Father shall have physical custody of April at his uncle's residence every Wednesday from 4:30 pm until 7:00 pm and every Saturday from 12:00 pm until 7:00 pm. The exchanges shall be by agreement of the parties; in the absence of agreement, Father shall provide the transportation. b. If Father is unable to exercise his periods of custody, Father shall notify Mother 24 hours beforehand of such. C. The parties may alter or expand Father's physical custodial periods upon mutual agreement. 4. Each parent shall ensure that April is transported in an appropriate care seat and by a validly licensed driver. 5. Holidays: a. The parties have agreed to share and arrange the holidays together by agreement; in the absence of agreement, the parties shall abide by the schedule below. b. Memorial Day, Independence Day and Labor Day shall be alternated between the parties with the custodial parent to have custody from 9:00 am until 6:00 pm the day of the holiday commencing with Father to have Memorial Day in 2008. EXHIBIT "A" c. Thanksgiving (9:00 am until 6:00 pm) shall be alternated between the parties with Mother having odd years and Father having even years. d. Mother shall always have Mother's Day and Father shall always have Father's Day from 9:00 am until 6:00 pm. e. Father shall have physical custody of April Shirk Christmas Eve (12/24) from 4:00 pm until 7:00 pm. f. Father shall have physical custody of April Shirk on Easter Day from 9:00 am until 3:00 pm. 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. During any periods of custody or visitation, the parties shall not possess or use illegal 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. The parties, household members and third parties are directed to not smoke in confined places in the presence of the Child and are directed to provide a safe healthy environment for April. 10. Both parents are directed to communicate medical appointments for Child to one another within a reasonable time frame. 7 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. 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, Distribution: The Community Law Clinic Michael Scherer, Esquire John J. Mangan, Esq. VINVAIASNN3d -J. )uNroo nV1838WA3 Z0 =I Wd SZ 1001i0? ).MONCH108d N 11 10 30WO-03113 TRUE COPY FROM, RECORD In Testimony whereof, I here unto sat my hand and the seal of said Court at Carl: -e -- - This c25 day of XQ1St__ BRANDON ANTHONY HAMILLA, Plaintiff V. SARAH ELIZABETH SHIRK, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5929 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 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 April Shirk 5/6/2006 Primary-Mother 2. A Conciliation Conference was held with regard to this matter on November 12, 2007, an Order issued November 13, 2007, a conference was held December 18, 2007, an Order issued December 21, 2007, a conference was held August 03, 2012, an Order issued August 07, 2012 and a conference was held October 12, 2012 with the following individuals in attendance: The Mother, Sarah E. Shirk, with her counsel, the Community Law Clinic The Father, Brandon A. Hamilla, with his counsel, Michael Scherer, Esquire 3. The undersigned recommends and the parties agreed to the entry of an Order in the form as attached. The undersigned believes this is in the Child's best interest. Date John. gan, Esquire Cus dy onciliator