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HomeMy WebLinkAbout07-6101Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) STEVEN R. SHEPLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW SHELLY S. SHEPLEY, 07 - 4010 1 CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed against you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation with your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 BY Andrew C. Sheely, Ezqdire PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) STEVEN R. SHEPLEY, Plaintiff VS. SHELLY S. SHEPLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - le l a( CIVIL TERM IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is STEVEN R. SHEPLEY, an adult individual who currently resides at 24 North Enola Drive, Enola, Cumberland County, Pennsylvania. 2. Defendant is SHELLY S. SHEPLEY, an adult individual who currently resides at 24 North Enola Drive, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fida residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 1, 2001, in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the court require the parties hereto to participate in counseling. 8. The marriage between the parties is irretrievably broken. 9. This divorce action is not collusive. 10. The parties separated on or about May 1, 2007. COUNT I - DIVORCE - IRRECONCILABLE DIFFERENCES 11. Paragraphs 1 - 10 are incorporated herein as if set forth at length. 12. The marriage between the parties is irretrievably broken. 13. After ninety (90) days have elapsed from the date of filing the divorce complaint, Plaintiff intends to file an affidavit consenting to a divorce and Plaintiff believes Defendant may also file such an affidavit. 14. This divorce action is not collusive. 15. The parties separated on or about May 1, 2007. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from filing of this Divorce Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code. COUNT II - DIVORCE - 3301(d) 16. Paragraphs 1 - 15 are incorporated herein as if set forth at length. 17. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit of consent, Plaintiff respectfully requests the Court to enter a Decree of 2 Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III - DIVORCE - 3301(a)(2) 18. Paragraphs 1 - 17 are incorporated herein as if set forth at length. 19. Defendant committed adultery during the course of marriage, said act constituting a fault ground for divorce. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce pursuant to Section 3301(a)(2) of the Divorce Code. COUNT IV - CUSTODY 20. Plaintiff hereby incorporates by reference paragraphs 1 through 19 above. 21. The parties are the parents of two minor children, namely, Caleb N. Shepley, born April 25, 2003, and Trinity H. Shepley, born January 19, 2002. The children were born in wedlock. 22. The children are presently in the custody of Plaintiff at 24 North Enola Drive, Enola, PA. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Steven R. Shepley 525 Spruce Street 1/01/01 - 9/12/07 Shelly S. Shepley Steelton, PA 17113 Drew Shepley (husband's stepson) Steven R. Shepley 24 North Enola Drive 9/12/07 - present Shelly S. Shepley Enola, PA 17025 Drew Shepley (husband's stepson) 3 23. The natural father of the children is Steven R. Shepley, currently residing at 24 North Enola Drive, Enola, Cumberland County, Pennsylvania. He is married to the Defendant. 24. The natural mother of the children is Shelly S. Shepley, currently residing at 24 North Enola Drive, Enola, Cumberland County, Pennsylvania. She is married to the Plaintiff. 25. The relationship of the Plaintiff to the children is that of natural father. 26. The relationship of the Defendant to the children is that of natural mother. 27. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 28. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other State. 29. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 30. The best interest and permanent welfare of the children will be served by granting Plaintiff share legal and primary physical custody. 31. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. All other 4 persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of the action and the right to intervene: None WHEREFORE, Plaintiff requests your Honorable Court to grant him shared legal and primary physical custody of the children. Respectfully submitted, Date: October -(-, 2007 Andrew C. Sheely, Esquire Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 5 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: OCTOBER 2007 Steven R. S epl y Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) STEVEN R. SHEPLEY, Plaintiff VS. SHELLY S. SHEPLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - CIVIL TERM IN DIVORCE AFFIDAVIT Steven R. Shepley, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Steven R. Shep e 73 -r J T l^ \ ?1 Andrew C. Sheely, Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) STEVEN R. SHEPLEY, Plaintiff VS. SHELLY S. SHEPLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - /0 1 CIVIL TERM IN DIVORCE JOINT CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION is entered into this day of 2007, by and between Steven R. Shepley, through counsel of Andrew C. Sheely, Esquire, and Shelly S. Shepley, pro se. WHEREAS, Steven R. Shepley (hereinafter referred to as ("Father") and Shelley S. Shepley (hereinafter referred to as ("Mother") are the natural parents of Caleb N. Shepley, born April 25, 2003, and Trinity H. Shepley, born January 19, 2002 (herein- after collectively referred to as the "children"); and WHEREAS, unhappy and contentious circumstances have arisen between Father and Mother resulting in an agreement between the parties to separate, divorce and to live separate and apart from one another; and WHEREAS, Father and Mother desire to reach an agreement concerning legal and physical custody of the children without the need for prolonged and protracted litigation, contested hearings, evaluations or professional recommendations; and WHEREAS, Father and Mother desire to enter into this stipulation and Agreement to resolve issues of legal and physical custody in the form of a written Stipulation and Agreement which in the opinion of the parties is in the best interest of the children; and WHEREAS, Father is represented by Andrew C. Sheely, Esquire, and Mother is not represented by legal counsel and Mother acknowl- edges that she has been advised of her right to obtain separate counsel prior to signing and executing this stipulation and Agree- ment. Father and Mother acknowledge that either party can, at any point, petition the Court of Common Pleas of Cumberland County or other court of appropriate jurisdiction to modify, change and alter the terms of this Stipulation and Agreement in the event the parties cannot agree at any point in the future as to custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the Father and Mother agree as follows: (1) Father and Mother shall have shared legal custody of the 2 children, meaning that Father and mother shall have rights to make all major medical decisions affecting the children well-being including, but not limited to all decisions regarding their health, education and religion. Father and Mother shall also be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information, as available. To the extent one party has possession or control of such records, that party shall be required to share the same or copies thereof with the other party within such rea- sonable time as to make the records and information of reasonable use to the other party. Either party shall advise the other of any major medical emergencies should such occur during a period of physical custody as soon as practical after such emergency occurs. (2) Father shall have primary physical custody of the chil- dren. (3) Mother shall have partial or secondary physical custody of the children as follows: a. Every Wednesday, commencing at 8:00 a.m. through Thursday morning at 8:00 a.m., or at another end time as agreed to by Husband and Wife; and b. Every Saturday commencing at 6:00 p.m. through Sunday at 8:00 p.m., or at another end time as agreed to by Husband and Wife. 3 (4) Thanksgiving Holiday Father and Mother agree that the Thanksgiving Holiday shall commence on the Wednesday before Thanksgiving Day at 3:00 p.m. and continue through Thanksgiving Day at 6:00 p.m. Father and Mother agree that Father shall enjoy the Thanksgiving Holiday in odd years and Mother shall enjoy the Thanksgiving Holiday in even years. (5) Christmas Holiday Father and Mother agree that the Christmas Holiday shall be separated in two (2) periods with period "A" commencing on December 24 at 3:00 p.m. and continuing through December 25 at 9:00 a.m., and period "B" commencing at 9:00 a.m. on December 25 and ending at 6:00 p.m. on December 25. Mother shall enjoy period "A" in odd years and period "B" in even years. Father shall enjoy period "A" in even years and period "B" in odd years. (6) Easter Father and Mother agree that the Easter holiday shall commence at 8:00 a.m. and end at 6: p.m. on Easter Sunday. (7) Holiday time. Holiday times and dates shall always supersede any regular period of physical custody. (8) Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the chil- dren on Father's Day. Father and mother agree that each shall have a minimum of four (4) hours Mother's Day and Father's Day, respectively, as agreed upon by the parties. 4 (9) Father and Mother acknowledge that neither party shall disparage or undermine the character, personality or reputation of the other parent at any time while in the presence of the minor children. (10) Father and Mother agree that each shall provide the other with all emergency phone numbers and contact numbers during any period of physical custody. Father and Mother agree to place telephone calls to the children prior to 8:00 p.m. absent an emergency situation. (11) Father and Mother shall allow the other a reasonable period of Summer vacation not to exceed a period of ten (10) days. Father and Mother shall communicate in writing their requested period of Summer vacation prior to May 15 of each year. (12) Father and Mother agree that neither shall consume excess amounts of alcohol in the presence of the minor children or allow any other person under the influence of an excessive amount of alcohol or other controlled substance to the be in the presence of the children at any time. Father and Mother shall protect the safety and welfare of the children at all times and neither parent not allow the children to remain unsupervised with any person known to have physically or sexually abused children or with a person with a criminal record involving a minor child, at any time. 5 (13) Transportation shall be shared by Father and Mother as agreed upon by the parties. (14) Father and Mother agree that this Stipulation and Agree- ment can be modified at any time with the consent of both Husband and Wife . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this Stipulation and Agreement the day and year first above written. WITNESS: Steven R. S le ?C Shelly . Shepley 6 r n X ? ?? i.... •p W ir J• ^-g` tia? Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) STEVEN R. SHEPLEY, Plaintiff VS. SHELLY S. SHEPLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - 6101 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Shelly S. Shepley, an adult individual and Defendant in the above-captioned matter, hereby accept service of the divorce complaint filed in the above-captioned matter. Date: October /?' , 2007 J She ly hepley ? N c? ? CfT -L ?yy Ln A. V OCT Andrew C. Sheel , Esquire 127 S. Market S reet P.O. Box 95 Mechanicsburg, A 17055 PA ID NO. 62469 717-697-7050 (P one) 717-697-7065 (F x) STEVEN R. J L , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - r j / 0 t CIVIL TERM IN DIVORCE vs. SHELLY S. s- y , Defendant ORDER OF COURT AND NOW, this VA day of ct-Lo , 2007, uponjconsideration of the underlying Complaint for Custody and the at ached Joint Stipulation and Agreement for custody of Trinity H.,Shepley, D.O.B. January 19, 2002 and Caleb N. Shepley, the terms nd conditions of the attached Joint Stipulation and Agreement re hereby incorporated as an Order of Court. ndrew C. heelY, Esquire Attorney f r Plaintiff Kelly S. Shepley, Pro Se A BY THE COURT, 90 .C Wd hz 130 LODZ AbViONU"F-12 o' 'd Mi J0 9 ,14-4 0--aTU Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for STEVEN R. SHEPLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 07-6101 SHELLY S. SHEPLEY, Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter the appearance of Marianne E. Rudebusch, Esquire on behalf of the Defendant in the above referenced matter. Respectfully Submitted, Dated: Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 _ M- 4 n _ -rl .. rn N Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) STEVEN R. SHEPLEY, Plaintiff VS. SHELLY S. SHEPLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - 6101 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 17, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penal-ties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE : ?( 1 Steven R. Shepl ?:.? ? ? > -? } . r?:3 yn -""t ?? ?f i y 'l ... -+ .?:Aw , r ? , '' ? i?, .. °_:?-h ? _ Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) STEVEN R. SHEPLEY, Plaintiff VS. SHELLY S. SHEPLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - 6101 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE : it-1106 Steven R. Sh ey ?ti r.a _ 4...'. ? ? C=D . 3 rj ?t ? te` - ...._.. a Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) STEVEN R. SHEPLEY, Plaintiff VS. SHELLY S. SHEPLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - 6101 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 17, 2007. I acknowledge accepting service of the divorce complaint on October 18, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. aa.o? DATE : ? l J, At, I She11y . Shepley •?r C'7 f e.3 •? ::Za' "l Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 71.7-697-7065 (Fax) STEVEN R. SHEPLEY, Plaintiff VS. SHELLY S. SHEPLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - 6101 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. r verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE : Shelly S Shepley ?1 !? ' 4. ?y? `?:v ?.._; '7 ?,,? ?.._ ?'.{ ?,?, ` ` ? 7 "" ?t C:: jj ? t ^ ; ? 'r'' .., ? ?.... ti. , f,,: ?? . '`.: ""? STEVEN R. SHEPLEY, Plaintiff VS. SHELLY S. SHEPLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - 6101 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301(c) 2. Date and manner of service of the complaint: Acceptance by Defendant on October 18, 2007. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit required by 3301(c) of the Divorce Code: by plaintiff 04/17/08; by defendant 04/22/08. b. (1) Date of execution of the affidavit required by 3301(d) of the Divorce Code N/A (2) Date of filing and service of the plaintiff's affidavit upon the respondent: N/A 4. Related claims pending: None 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 0412,5/08 Date defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 04/08 Ahdt'ew C. She`6ly squire Attorney for Plaintiff 127 South Market Street Mechanicsburg, PA 17055 (717) 697-7050 ?-? --, ` - m? : _:, .:aJ ? `T3 ?..? _ ?? E.'?1 ""rF i't .? t , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY %rA ift STATE OF PENNA. STEVEN R. SHEPLEY, No. 07 6101 PLAINTIFF VERSUS SHELLY S. SHEPLEY, DEFENDANT DECREE IN DIVORCE AND NOW, c a 2008 IT IS ORDERED AND STEVEN R. SHEPLEY DECREED THAT AND SHELLY S. SHEPLEY ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. ALL RESOLVED BY PROPERTY SETTLEMENT AGREEMENT DATED APRIL 8 ,2008. E A fiv A4V IV ?7 /r7' .'5 S In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Pennsylvania CIVIL ACTION - FAMILY DIVISION SHELLY S. SHEPLEY, Petitioner VS. STEVEN R. SHEPLEY, Respondent : No. el, 6111 : CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Petitioner, Shelly S. Shepley, by and through her attorneys, Brinser, Wagner & Zimmerman, and represents to this Honorable Court as follows: 1. On or about October 24, 2007, Petitioner, being unrepresented by Counsel, entered into a Stipulation which was made an Order of this Honorable Court on or about " October 18, 2007 which the parties were granted shared legal custody, Father was granted primary physical custody and Mother was granted partial physical custody. A true and correct copy of said Order is attached hereto and marked as Exhibit "A". 2. This Order should be modified because it will be in the best interest of the parties' minor children, Caleb N. Shepley and Trinity H. Shepley, since, despite the Order, Mother has had primary physical custody of the children for the majority of the time since the prior Order was entered, and she is better able to provide them with a loving and stable environment. WHEREFORE, Petitioner respectfully requests this Honorable Court modify the existing Order for custody and visitation because it will be in the best interest of the minor children, Caleb N. Shepley and Trinity H. Shepley. BRINSER, W)VGNER & ZMWRMAN Keith D agner, Esquire Atto I. D. # 43891 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition For Modification of a Custody Order are true and correct. 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. A LAIVJ " - S. epley, PeA6Z7- Shefly 11/21/2008 13:02 7178664515 NWSB,192 PAGE 01 OCT 12 2007 Andrew C. sheely, Esquire 127 S. Market Street P.Q. Box 95 MeohAnicaburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-706S (Fax) STEVEN R. SHEPLEY, Plaintiff VS. SHELLY S. SHEPLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW e 07 - (B I 0 CIVIL TERM IN DIVORCE ORDER OF COURT AND NSW, this day of r 2007, upon consideration of the underlying Complaint for Custody and the attached Joint Stipulation and Agreement for custody of Trinity H. Shepley, D.O.B. January 19, 2002 and Caleb N. Shepley, the terms and conditions of the attached Joint Stipulation and Agreement are hereby incorporated as an order of Court. BY THE COURT, (D) IT. I J4 Andrew C. Shelly, Esquire Attorney for Plaintiff Shelly S. Shepley, Pro Se TRUE COPY FROM RECORD In Tes "mony whveof, 1 tje_ rs, '" et my hand aed seal 04 said - u is r-, Pa. n7 ay o -T. EXHIBIT "A" 11;21/2008 13:02 7178664515 NWSB 192 PAGE 02 Andrew C. Sheely, Esquire x27 S. Market Street F.O. Pox 95 Nechaniasburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) STEVEN R. SHEPLEY, Plaintiff vs. SHELLY S. SHEPLEY, Defendant 0 C^r' 'J : IN THE COURT OF COMMON PEAS O*' i : CUMBERLAND COUNTY, PENNSYL17ANIX CIVIL ACTION - LAW 07 -- I6 I CIVIL TERM IN DIVORCE JOINT CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION is entered into this 18 day of QG_t_dhelr , 2007, by and between Steven R. Shepley, through counsel of Andrew C. Sheely, Esquire, and Shelly S. Shepley, pro se. WHEREAS, Steven R. Shepley (hereinafter referred to as (-Father-) and Shelley S. Shepley (hereinafter referred to as ('Mother") are the natural parents of Caleb N. Shepley, born April 25, 2003, and Trinity H. Shepley, born January 19, 2002 (herein- after collectively referred to as the ,children"); and WHEREAS, unhappy and contentious circumstances have arisen between Father and mother resulting in an agreement between the parties to separate, divorce and to live separate and apart from one another; and 11/21/2008 13:02 7178664515 NWSB 192 PAGE 03 wHEREAS, Father and Mother desire to reach an agreement concerning legal and physical custody of the children without the need for prolonged and protracted litigation, contested hearings, evaluations or professional recommendations; and WHEREAS, Father and Mother desire to enter into this stipulation and Agreement to resolve issues of legal and physical custody in the form of a written Stipulation and Agreement which in the opinion of the parties is in the best interest of the children; and WHEREAS, Father is represented by Andrew C. Sheely, Esquire, and mother is not represented by legal counsel and Mother acknowl- edges that she has been advised of her right to obtain separate counsel prior to signing and executing this Stipulation and Agree- ment. Father and mother acknowledge that either party can, at any point, petition the Court of Common Pleas of Cumberland County or other court of appropriate jurisdiction to modify, change and alter the terms of this stipulation and Agreement in the event the parties cannot agree at any point in the future as to custody of the children. Now, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the Father and Mother agree as follows: (1) Father and Mother shall have shared legal custody of the 2 11/21/2008 13:02 7178664515 NWS$ 192 PAGE 04 children, meaning that Father and Mother shall have rights to make all major medical decisions affecting the children well-being including, but not limited to all decisions regarding their health, education and religion. Father and mother shall also be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information, as available. To the extent one party has possession or control of such records, that party shall be required to share the same or copies thereof with the other party within such rea- sonable time as to make the records and information of reasonable use to the other party. Either party shall advise the other of any major medical emergencies should such occur during a period of physical custody as soon as practical after such emergency occurs. (2) Father shall have primary physical custody of the chil- dren. (3) Mother shall have partial or secondary physical custody, of the children as follows: a. Every Wednesday, commencing at 8:00 a.m. through Thursday morning at 8:00 a.m., or at another end time as agreed to by Husband and Wife; and b. Every Saturday commencing at 6:00 p.m. through Sunday at 8:00 p.m., or at another end time as agreed to by Husband and Wife. 3 11/21/2008 13:02 7178664515 NWSB 192 PAGE 05 (4) Thanksgiving Holiday Father and Mother agree that the Thanksgiving Holiday shall commence on the Wednesday before Thanksgiving Day at 3:00 p.m. and continue through Thanksgiving Day at 6:00 p.m. Father and Mother agree that Father shall enjoy the Thanksgiving Holiday in odd years and Mother shall enjoy, the Thanksgiving Holiday in even years. (5) Christmas Holiday Father and Mother agree that the Christmas Holiday shall be separated in two (2) periods with period "A" commencing on December 24 at 3:00 p.m. and continuing through December 25 at 9:00 a.m., and period "B" commencing at 9:00 a.m. on December 25 and ending at 6:00 p.m. on December 25. Mother shall enjoy period "A" in odd years and period "B" in even years. Father shall enjoy period "A" in even years and period "B" in odd years. (6) Easter Father and mother agree that the Easter holiday shall commence at 8:00 a.m. and end at 6: p.m. on Easter Sunday. (7) Holiday time. Holiday times and dates shall always supersede any regular period of physical custody. (8) Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the chil- dren on Father's Day. Father and Mother agree that each shall have a minimum of four (4) hours Mother's Day and Father's Day, respectively, as agreed upon by the parties. 4 11/21/2008 13:02 7178664515 NWSB 192 PAGE 06 (9) Father and Mother acknowledge that neither party shall disparage or undermine the character, personality or reputation of the other parent at any time while in the presence of the minor children. (10) Father and Mother agree that each shall provide the other with all emergency phone numbers and contact numbers during any period of physical custody. Father and Mother agree to place telephone calls to the children prior to 8:00 p.m. absent an emergency situation. (11) Father and Mother shall allow the other a reasonable period of summer vacation not to exceed a period of ten (10) days. Father and Mother shall communicate in writing their requested period of Summer vacation prior to May 15 of each year. (12) Father and Mother agree that neither shall consume excess amounts of alcohol in the presence of the minor children or allow any other person under the influence of an excessive amount of alcohol or other controlled substance to the be in the presence of the children at any time. Father and mother shall protect the safety and welfare of the children at all times and neither parent not allow the children to remain unsupervised with any person known to have physically or sexually abused children or with a person with a criminal record involving a minor child, at any tune. 5 11/21/2008 13:02 7178664515 NWSB 192 PAGE 07 (13) Transportation shall be shared by Father and Mother as agreed upon by the parties. (14) Father and mother agree that this Stipulation and Agree- ment can be modified at any time with the consent of both Husband and Wif e . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this Stipulation and Agreement the day and year first above written. WITNESS: Steven R. shepl Shelly S Shepley 6 o O C"l f"n In p cv t°;? r In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Pennsylvania CIVIL ACTION - FAMILY DIVISION SHELLY S. SHEPLEY, No. 07-6101 Petitioner vs. STEVEN R. SHEPLEY, Respondent CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith D. Wagner, Esquire, of Brinser, Wagner & Zimmerman, whose address is 6 East Main Street, Second Floor, P.O. Box 323, Palmyra, Pennsylvania 17078 as attorney on behalf of the Petitioner, Shelly S. Shepley, in the above- captioned matter. BRINSER, Ny,?GNER & ZIMMERMAN Dated: / "I/L// 06 Keith D. agnei;,;T Attorn ID #43891 (717) 838-6348 ? = co w ? SHELLY S,. SHEPLEY PLAINTIFF V. STEVEN R. SHEPLEY DEFENDANT IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2007-6101 Cl IN CUSTODY ORDER OF COURT ACTION LAW AND NOW, Thursday, December 11, 2008 upon c nsideration 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 Mon ay, January 19, 2009 at 10:00 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 hear 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 exis ing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours rior to scheduled hearing. FOR THE COURT, By: /s/ Custody The Court of Common Pleas of Cumberland County is req fired by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facili ies and reasonable accommodations available to disabled individuals having business before the court, pl ase contact our office. All arrangements must be made at least 72 hours prior to any hearing or business befor the court_ You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTO! HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO O FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGA Cumberland County Bar f 32 South Bedford S Carlisle, Pennsylvania Telephone (717) 245 JEY AT ONCE. IF YOU DO NOT TELEPHONE THE OFFICE SET HELP. sociation 17013 3166 i%? ??'':?1 ? it ?.` ? ' ' ?e,??`?1 1•`.l :?1 b? ?! ? ???? ??? ? ? ?? ?,y; ,,? ?;,. .. , -770096 ? STEVEN R. SHEPLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-6101 CIVIL ACTION LAW SHELLY S. SHEPLEY, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this Zlk day of January 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated 10/18/07 is hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Steven R. Shepley, and the Mother,.Shelly S. Shepley, shall have shared legal custody of Caleb N. Shepley, born 04/25/2003 and Trinity H. Shepley, born 01/19/2002. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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: Father shall have primary physical custody of the Children subject to Mother's physical custody on a repeating two week cycle as follows: a. In week one, commencing 1/23/09, Mother shall have physical custody of the Children from Friday 6:00 pm until Sunday 8:00 pm. The parents shall have the exchange location in Grantville, PA absent mutual agreement. b. In week two, Mother shall have physical custody of the Children from Saturday 6:00 pm until Sunday 8:00 pm. The parents shall have the exchange location in Grantville, PA absent mutual agreement. C. Mother shall have physical custody of the Children every Wednesday 6:00 pm until Thursday morning. The parents shall have the exchange location in Grantville, PA on Wednesday and Mother shall bring the Children to school on Thursday morning. d. Mother shall have physical custody of the Children at such other times as the parties may mutually agree. 4. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. The parties shall schedule an appointment for counseling within two weeks of the instant Order. izPj 3 T I o• 'y? 5. Custody evaluation: The parties have agreed and are directed to have a custody evaluation performed by a mutually agreed upon professional. In the absence of agreement, the parties shall engage either Deb Salem or Casey Scheinvold. The cost of the custody evaluation shall be shared and split by agreement. The parties shall endeavor to schedule an appointment regarding the evaluation within two weeks of the instant Order. 6. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. All other holidays shall be alternated and arranged by mutual agreement. 8. Vacation: Each parent shall have a reasonable period of summer vacation not to exceed a period of ten (10) days. Father and Mother shall communicate in writing their requested period of summer vacation prior to May 15 of each year. This vacation period 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 this vacation time by mutual agreement. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use non-prescribed 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. Father and Mother shall protect the safety and welfare of the Children at all times and neither parent shall allow the Children to remain unsupervised with any person known to have physically or sexually abused children or with a person with a criminal record involving a minor child, at any time. 12. After the custody evaluation has been completed, either party is authorized to contact the assigned conciliator to schedule a status update conference to address any unresolved custodial issues. 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. Distribution: Andrew Sheely, Esquire Keith Wagner, Esquire, John J. Mangan, Esquire E. Main St., 2nd Floor, PO Box 323, Palmyra, PA 17078 HOLIDAYS AND TU"S EVEN ODD SPECIAL DAYS YEARS YEARS Easter From 3 pm the day before until 3 pm Mother Mother Sunda Thanksgiving From Wednesday the day before Mother Father Thanksgiving at 3 pm until Thanksgiving Da at 6 m Christmas 1 S Half From 3 pm on 12/24 to 9 am on Father Mother 12/25 Christmas 2 Half From 9 am on 12/25 to 6 m 12/25 Mother Father Mother's Da At least four 4 hours Mother Mother Father's Da At least four 4) hours Father Father STEVEN R. SHEPLEY, Plaintiff V. SHELLY S. SHEPLEY, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6101 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Caleb N. Shepley 04/25/2003 Primary Father Trinity H. Shepley 01/19/2002 Primary Father 2. A Conciliation Conference was held with regard to this matter on January 19, 2009 with the following individuals in attendance: The Mother, Shelly Shepley, with her counsel, Keith Wagner, Esq. The Father, Steven Shepley, with his counsel, Andrew Sheely, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J an, Esquire Cust dy C nciliator ..-ti ^.. - r `- t i - - Marianne E. Rudebusch, Esquire - ~ "-' 471 l Locust Lane , .- - 1; 4 - ,'~, , ~ ~ ~~; f , ~ . Harrisburg, PA 17109 ~ t 717-657-0632 ~ ~ y Id. No. 63522 Attorney for Defendant STEVEN R. SHEPLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. . NO. 07-6101 SHELLY S. SHEPLEY, Defendant IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are serve, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against ;you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YUU SHOULD TAKE TH:[S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE'T LEGAL HELP. CUMBERLAND COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 3 ~~a~aagS AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Se usted desea defenderse de las demandas que se prsentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dial despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra soya. Se le advierte de que si usted falla de tomar accion comp se describe anteriormente, el caso puede proceder sin usted y un fall por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra soya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u. otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI US'TED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL, CUMBERLA:[~1D COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable 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. CUMBERLAND COUNT BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 4 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17].09 717-657-0632 Id. No. 63522 Attorney for Defendant STEVEN R. SHEPLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 07-6101 SHELLY S. SHEPLEY, Defendant IN CUSTODY PETITION FOR CONTEMPT AND PETITION MODIFY CUSTODY ORDER AND NOW, come the Defendant, Shelly Shepley, by and through her attorney, Marianne E. Rudebusch, Esquire, and respectfully files the following Petition for Contempt and to Modify Custody Order, and in support thereof, avers as follows: COUNT I: PETITION TO MODIFY !CUSTODY ORDER l . Plaintiff, Steven R. Shepley, hereinafter referred to as Father, and Defendant, Shelly S. Shepley, hereinafter referred to as Mother, are the natural parents of Caleb N. Shepley, born Apri125, 2003 and Trinity H. Shepley, born January 19, 2002. 2. On January 29, 2009, this Honorable Court entered an Order of Court granting primary physical custody ofthe children to Father and partial physical custody of the children to Mother. See attached Exhibit A. 5 3. The Order of January 29, 2009 was in part modified by the Order dated February 22, 2011. (Exhibit B), whereby Mother was to have the children from Friday evening until Monday morning every week. 4. On or about June 15, 2012, Father relocated with the children from 24 N. Enola Drive, F,nala, Pennsylvania to 9 McCandeless Drive, East Berlin, Pennsylvania, without Mother's knowledge or consent. 5. Father's unauthorized move extended the distance between the parties respective homes by seventy (70) miles. COUNT II CONTEMPT b. Paragraphs 1-5 of this Petition are hereby incorporated as if set forth in full. 7. Father is in contempt of the terms of the Custody Order by interfering with Mother's rights of partial physical custody on the following dates: 8/31/12, 9/7/12, 9/14/12, 9/21/12; and on 9/28/12, Mother only had Trinity but not Caleb; 10/12/12 Mother did not have either children. 8. Father has interfered with Mother's rights of partial physical custody at other times, as well, specifically by permanently moving the children to another address and changing their schools without Mother's knowledge or consent in violation of 23 Pa.C.S. §5337. 6 WHEREFORE, Plaintiff'requests that this Honorable Court: a. Grant Mother primary physical custody of the children with partial physical custody to Father; b. Find Father in contempt of the Custody Order; c. Award Mother $750.00 in attorney's fees and costs; d. Award Mother additional periods of partial physical custody as make- up for the time she lost with the children; e. Any such other relief this Court may deem fair and just. Respectfully Submitted, ^~ ( ,~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Dated: 1C,~, ~~..1~~ 7 Oct 11 20].2 10:57RM RUDEBUS[:HLRWOFFICE 7176571512 p,l I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.5.~,. Section 4904 relating to unsworn falsification to authorities, ,, By: _ Shelly S. S ley Date:__ ~'' ~- ,~-' STEVEN R. SHEPLEY, Plaintiff v. SHELLY S. SHEPLEY, Defendant Prior Judge: J. Wesley Oler, Jr., J. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6101 CIVIL ACTION LAW . IN CUSTODY ORDER OF COitRT .AND NOW this Z ~_ day of January 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated 10/18/07 is hereby VACATED and replaced with this Order. 2. Leal Custody: The Father, Steven R. Shepley, and the Mother,,Shelly S. Shepley, shall have shared legal custody of Caleb N. Shepley, bom 04!25/2003 and Trinity H. Shepley, bom 01/19/2002. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms df 23 Pa:C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one pazent 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 pazent. 3. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's physical custody on a repeating two week cycle as follows: a. In week one, commencing 1/23/09, Mother shall have physical custody of the Children from Friday 6:00 pm until Sunday 8:00 pm. The parents shall have the exchange location in Grantville, PA absent mutual agreement. b. In week two, Mother shall have physical custody of the Children from Saturday 6:00 pm until Sunday 8:00 pm. The parents shall have the exchange location in Crrantville, PA absent mutual agreement. c. Mother shall have physical custody of the Children every Wednesday 6:00 pm until Thursday morning. The pazents shall have the exchange location in Crrantville, PA on Wednesday and Mother shall bring the Children to school on Thursday morning. d. Mother shall have physical custody of the Children at such other times as the parties may mutually agree. 4. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. The parties shall schedule an appointment for counseling within two weeks of the instant Order. 5. Custody evaluation: The parties have agreed and are directed to have a custody evaluation performed by a mutually agreed upon professional. In the absence of agreement, the parties shall engage either Deb Salem or Casey Scheinvold. The cost of the custody evaluation shall be shared and split by agreement. The parties shall endeavor to schedule an appointment regarding the evaluation within two weeks of the instant Order. 6. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. All other holidays shalt be alternated and arranged by mutual agreement. 8. Vacation: Each pazent shall have a reasonable period of summer vacation not to exceed a period often (I O) days. Father and Mother shall communicate in writing their requested period of summer vacation prior to May 15 of each year. This vacation period 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 vacatian. The parties may expand this vacation time by mutual agreement. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consumeibe 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. Father and Mother shall protect the safety and welfare of the Children at all times and neither pazent shall allow the Children to remain unsupervised with any person known to have physically or sexually abused children or with a person with a criminal record involving a minor child, at any time. 12. After the custody evaluation has been completed, either party is authorized to contact the assigned conciliator to schedule a status update conference to address any unresolved custodial issues. 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. Distribution: Andrew Sheely, Esquire Keith Wagner, Esquire, 6 E. Main St., 2nd Floor, PO Box 323, Palmyra, PA 17078 John J. Mangan, Esquire HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter From 3 pm the day before until 3 pm Mother Mother Sunda Thanksgiving From Wednesday the day before Mother Father Thanksgiving at 3 pm until Thanks ' Da at 6 m Christmas 1 Half From 3 pm on 12!24 to 9 am on Father Mother 12/25 Christmas 2° Half From 9 am on 12!25 to 6 m 12/25 Mother Father Mother's Da At least four 4 hours Mother Mother Father's Da At least four 4 hours Father Father STEVEN R. SHEPI;EY, Plaintiff v. SHELLY S. SHEPI,EY, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . No. 07-6101 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCII.La1TION SUNIIVI'ARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII.. PROCEDURE 1915.3-8(b}, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who aze the subject of this litigation is as follows.. Name Date of Birth Currently in the Custody of Caleb N. Shepley 04/25/2003 Primary Father Trinity H. Shepley 01/19/2002 Primary Father 2. A Conciliation Conference was held with regard to this matter on January 19, 2009 with the following individuals in attendance: The Mother, Shelly Shepley, with her counsel, Keith Wagner, Esq. The Father, Steven Shepley, with his counsel, Andrew Sheey, Esq. The parties agreed to the entry of an Order in the form as attached. ~~dY John J Esquire Cust y nciliator ;. ~; ;, ~;""t ' ~ " ~ : ~°'. ?7..72739092 JOHN SALAHUB DPM PAGE 01 STEVEN R. SHEPLEY, IN THE COURT OF COMMON P~.EAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION SHELLY S. SHEPLEY, PACSES NO. 009110301 Defendant :DOCKET NO. 802 SUPPORT 2008 ORDER OF COURT AND NOW, this 22nd day of February, 2011, this matter having been scheduled for a hearing de novo before the Support Master on the Plaintiff's petition for modification of child support, and both parties having appeared and reached an agreement on all outstanding issues, upon recommendation of the Master it is ordered decreed as follows CV Q N N w w a N 1. The interim order entered January 18, 2011 is affirmed as a final order. 2. Said order is modified effective February 22, 2011 such that the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for her children, Trinity H. Shepley. born January 19, 2002, and Caleb N, Shepley, born April 25, 2003, the sum of $293.00 per month. _ _ ..~:_.. _. 3. i he DefendanT-shalf pay Ea the Pennsylvania State Collection and Disbursement Unit the additional sum of $29.00 per month on arrears. 4. Except as modified herein all provisions of the order of January 18, 2011 shall remain in full force and effect. 5. The agreement of the parties is based upon the Defendant having shared custody of the children on three overnights (Friday, Saturday and Sunday) per week and the Plaintiff having childcare expenses of $50.00 per week. w ~~ Ow ~X v~ O --' 4. W 4,~C~ o ~,~. D ~''~~ ~ v~ ~.: ~+- ~ 2 ~z ~ ', l~ U U By the Court, ~~~~ Albert H, Masland, J. Cc: Steven R. Shepley Shelly S. Shepley DRO/dch CERTIFICATE OF SERVICE z AND NOW, this ~`~ day of ~1(,~~~"'~.- , 2012, I, Katherine A. Frey, Assistant to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Katherine A. Frey ~ t Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Defendant ~, , - i I~ STEVEN R. SHEPLEY, IN THE COURT OF COMMON PLF,AS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. . NO. 07-6101 SHELLY S. SHEPLEY, Defendant IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE :PROTHONOTARY OF CUMBERLAND C017NTY, PENNSYLVANIA: Please withdraw the appearance of Keith D. Wagner, esquire on behalf of the Defendant in the above referenced :matter. Keith D. gner, Esquire 6 E. Ma' Street Palmyr , PA 1703 8 717-838-6348 I.D. No. ~S'`3~_ PRAECIPE FOR ENTRY OF APPEARAN Please enter the appearance of Marianne E. Rudebusch, Esquire on behalf of the Defendant in the above referenced matter. Dated: ~~ (~j-,~ ~-^ ~' F~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, F'A 17109 (717)657-0632 Id. No. 63521 STEVEN R. SHEPLEY n IN THE COURT OF COMMON PLEAS Q~~ ~ N ~ ^' ~ PLAINTIFF CUMBERLAND COUNTY, PENNSYLV ~ ' ~_- ~rn r- ~ -BCD W ~© V. 2007-6101 CIVIL ACTION LAW A° =~~ ~~ ~ c~ -,•~ ~~ SHELLY S. SHEPLEY ~''~ •• c:y ~~~ IN CUSTODY -~ """ .~ -< DF.FF,NDANT ORDER OF COURT AND NOW, Friday, October 26, 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 conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 27, 2012 at 1:30 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. Failure to appear at the conference may provide grounds for entry of a temporary ar 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 ] 990. 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 p /1~ ~jt/~Ejv.Sli~ Carlisle, Pennsylvania. 17013 !7 Telephone (717) 249-3166 ~ ~hee~~ ~o ~ ~~ ~'1 anya~~ ~s~ " c~ /ICt~f~~ ~/' 103 ~~/L COURT OF COMMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW STEVEN R. SHEPLEY, Plaintiff/Petitioner vs SHELLY S. SHEPLEY, Defendant/Respondent 5.:... FILE NO: 07-6101 _ _, CUSTODY ~' '" ._ _ C ; :..~ .- _ -- _ .. _.; ~~_. ~ . CJ Prior Judge: J. Wesley Oler, Jr., .#, s° ~_ ti -i C' °. _, ,:_ ~ . PETITION TO TRANSFER VENUE TO ADAMS COUNTY. PENNSYLVANIA COMES NOW the Plaintiff/Petitioner, STEVEN R. SHEPLEY, by and through his attorney, Heather Entwistle Roberts, and respectfully files this motion to remove the instant case to Adams County, Pennsylvania and for reasons therefore states as follows: 1. The parties are the natural parents of the minor children, CALEB N. SHEPLEY, born April 25, 2003 TRINITY H. SHEPLEY, born January 19, 2002. 2. Plaintiff/Petitioner and natural father of the minor children is STEVEN R. SHEPLEY, whose current address is 9 McCandless Drive, East Berlin, Adams County, Pennsylvania 17316-9376. 3. Defendant/Respondent and natural mother is SHELLY S. SHEPLEY, whose current address is believed to be 251 Frytown Road, Myerstown, Lebanon County, Pennsylvania 17067-1914. 4. On January 29, 2009, Honorable J. Wesley, Oler, Jr. issued an Order of Court pursuant to an agreement the parties reached during conciliation. Said order grants Plaintiff/Petitioner, primary physical custody and Defendant/Respondent partial physical custody. 5. In July 2012 Plaintiff/Petitioner moved with the children to Adams County, Pennsylvania and provided Defendant/Respondent with advance notice of said move. 6. On or about October 22, 2012 Defendant filed a petition for contempt and petition to modify custody in Cumberland County. Conciliation is now scheduled for December 4, 2012 with John J. Mangan, Esquire. 7. The parties no Tong have any significant connection with Cumberland County, Pennsylvania. 8. None of the alleged incidents of contempt have any connection to Cumberland County. 9. The minor children are present in Adams County, Pennsylvania and are currently enrolled in Bermudian Springs School District in East Berlin, Pennsylvania. 10. There is no substantial evidence concerning the children's protection, training, or personal relationships in Cumberland County, Pennsylvania. 11. The undersigned has contacted counsel for Defendant/Respondent, Marianne E. Rudebusch, and she advised Defendant/Respondent opposes transfer of venue in this case. 12. Plaintiff/Petitioner believes and therefore avers that the interest of justice are best served by finding Adams County, Pennsylvania to be the proper venue in which to litigate any future issues regarding custody of the minor children. WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court transfer the instant action to Adams County, Pennsylvania and Order Plaintiff/Petitioner to pay the cost and fees of the Motion for Transfer and Removal of the Record as required by Rule 1915.2. Respectfully Submitted, ENTWISTLE & ROBERTS gy; Heather Entwistle Roberts, Esquire Attorney for Plaintiff/Petitioner/Father 66 West Middle Street Gettysburg, Pennsylvania 17325 (717) 334-6761 (717) 334-7447 (fax) hroberts@entwistleroberts.net Supreme Court I.D. No. 209230 7179449026 United Airlines MDTAd United Airlines MDTAdmin 08:22:04 11-21-2012 1/1 I verify that the statements made in the foregoing document are true and correct to the best of my personal knowledge, in#ormation 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. Date: ~ 1 ~ STEVEN R. SHEPLEY, Pla etitioner COURT OF COMMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW STEVEN R. SHEPLEY, Plaintiff/Petitioner FILE NO: 07-6101 vs SHELLY S. SHEPLEY, Defendant/Respondent CUSTODY CERTIFICATE OF SERVICE I hereby certify that on the o7~`~ day of November, 2012, a copy of the foregoing Petition and proposed order was served upon the following individuals by first class USPS mail postage prepaid: Marrianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 John J. Mangan, Esquire (conciliator) Bayley & Mangan 17 West South Street Carlisle, PA 17013 `~ Heath r Entwistle Roberts, Esquire COURT OF COMMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW STEVEN R. SHEPLEY, Plaintiff FILE NO: 07-6101 vs ~, , Action in Custody ~~ ~:a SHELLY S. SHEPLEY, ) f - ~' Defendant ) ,~;. ~ ; PRAECIPE TO WITHDRAW APPEARANCE "~`-` ~ -- ~= c:, -~; +"` , Please withdraw the appearance of ,Esquire, as attorney for the Plaintiff in the above- captioned case. Respectfully submitted, o~~~~r~~~ ~f~ By: Andrew C. Sheely, Es ui ~~~ S 1'2~'Nlarket Street PO Box 95 Mechanicsburg, PA 17055 PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Heather Entwistle Roberts, Esquire, as attorney for the Plaintiff in the above-captioned case. Respectfully submitted, Date. ~/'off'/off By: Heather En wistle Roberts, Esquire 66 West Middle Street Gettysburg, PA 17325 (717) 334-6761 Supreme Court I.D. #209230 STEVEN R. SHEPLEY, Plaintiff/Petitioner vs. SHELLY S. SHEPLEY, Defendant/Respondent AND NOW, this 3~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6101 CIVIL ~ ; nu . ~ (, M.9 / ^.~.~ ~ ..fir, ~~ ~ ~~ w ~. ~ a~ ORDER -'' r' ~:,, day of November, 2012, the above-captioned case`s assigned to the Honorable J. Wesley Oler, Jr., Senior Judge. The Honorable J. Wesley Oler, Jr. Court Administrator ~a~, .~5 `'~N ,,~l~j~~ ~~~ :rlm BY THE COURT, Kevin .Hess, P. J. ._..__..._._.~~ _ 6v 3,Q_ 2012 \. •,..~* . _'1 ~. ~ r.~ _.,_a _ ~ ,J .--~y .~~ _~ P :~ c:.~~ ~~ ~, -,-•, C`3 r-a c~~ rv / G ~J C: :s:.;?r..w ~j~~ ~ ~.... N N