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HomeMy WebLinkAbout07-7602HELEN FULTZ, Plaintiff V. MATTHEW SHINDEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. '76 e.2, CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Helen Fultz, who currently resides at 20 Stephen Road, Apartment B3, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Matthew Shindel, who currently resides at 2208 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Damian Nathanial Shindel Date of Birth: March 5, 2003 Address: 20 Stephen Road, Apartment B3, Camp Hill, Cumberland County, Pennsylvania 4. The child was born out of wedlock. 5. The child is presently in the custody of Helen Fultz, who resides at 20 Stephen Road, Apartment B3, Camp Hill, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Helen Fultz and Matthew Shindel 20 Stephen Road, Apartment B3, Camp Hill, PA 17011 Helen Fultz 20 Stephen Road, Apartment B3, Camp Hill, PA 17011 Date Birth to September 24, 2007 September 24, 2007 to present 7. The mother of the child is Plaintiff, who resides at 20 Stephen Road, Apartment B3, Camp Hill, Cumberland County, Pennsylvania. 8. Mother of the child, Helen Fultz, is not married. 9. The father of the child is Matthew Shindel, who currently resides at 2208 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania. 10. Father of the child, Matthew Shindel, is not married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff currently resides with the following persons: a. Her Son: Damian Nathanial Shindel 14. The Defendant currently resides with the following persons: a. His Mother: Terry Shindel 15. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Plaintiff has been the primary caregiver of the minor child since his birth. Plaintiff has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; Vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Plaintiff. C. Plaintiff is able to provide a stable environment for the child. d. Father is making poor choices by choosing his relationship with his girlfriend over the relationship with his son. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the child to the Plaintiff, with periods of supervised visitation to Father. Respectfully submitted, ABom &KUTVLA"s, L.L.P. DATE 12- 119 1 D ? 0D. I Ic?cc Kara W. Haggerty, EsqW64 Supreme Court ID No. i 3 6 South Hanover Street Carlisle, PA 17013 (717) 249-0900 VERIFICATION I, HELEN FULTZ, verify that the statements made in this Custody Complaint 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 falsification to authorities. Date ` c) --A C_ \ -- \ - > > HELEN FULTZ CERTIFICATE OF SERVICE AND NOW, this LV?Y of December 2007, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Matthew Shindel 2208 Warren Way Mechanicsburg, PA 17055 Respectfully submitted, AaOM & KUTULA"S, L.L.P. Kara W. Haggerty, Esquire Supreme Court ID No. 9 36 South Hanover Street \ Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff C o K '_ ?' i l^3 M Jll fj o W ;. a y x ?3rn A D CA.; Cl HELEN FULTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7602 CIVIL ACTION LAW MATTHEW SHINDEL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, December 21, 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, January 15, 2008 at 2:00 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. 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 b Mangan, fr., Esq_ d 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 1 41 I- dd no FS : 1164V 9Z 330 LOOZ AdV ONOHiOdd 31Hl d0 33!140--031!3 'OR 1 120 1 HELEN FULTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 7602 CIVIL ACTION LAW MATTHEW SHINDEL, IN CUSTODY Defendant ORDER OF COURT AND NOW this M day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Matthew Shindel, and the Mother, Helen Fultz, shall have shared legal custody of Damian Nathanial Shindel, born 3/5/2003. 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 his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing 1/17/08, Father shall have physical custody of the Child every Tuesday and Thursday. On Tuesday, Father shall pick the Child up after day care and return the Child to Mother's residence no later than 7:00 pm. On Thursday, Father shall pick the Child up at an agreed upon location and time and return the Child to Mother's residence no later than 7:00 pm. b. Commencing 1/26/08, Father shall have every other weekend from late afternoon Saturday until Sunday evening. The exchange locations and times shall be by mutual agreement. Pursuant to the terms of this sub-paragraph, upon mutual agreement, Father shall have the option of having physical custody of the Child from Saturday until Monday morning whereby the Child would be dropped off at day care. c. Father shall have additional periods of physical custody as the parties may agree. 3. The parties shall share transportation for the exchanges by mutual agreement. 4. Holidays: Major holidays with the Child shall be alternated between the parents pursuant to the attached holiday schedule or as mutually agreed upon. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of 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. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. Telephone Contact: Telephone contact between the Child and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 8. Each parent shall have two non-consecutive weeks (i.e. no more than seven days in a row) of vacation per year with the Child. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. distribution: ? Kara Haggerty, Esquire .-f atthew Shindel, 2208 Warren Way, Mechanicsburg, PA 17055 ?John J. Mangan, Esquire C6r ES eriat &,C , -, _ CD r- C? v ?_a HOLIDAYS AND TIlVIES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to6 pm the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving 1St From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanks ivin Da Thanksgiving 2" From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday HELEN FULTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 7602 CIVIL ACTION LAW MATTHEW SHINDEL, IN CUSTODY Defendant 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 Damian Nathaniel Shindel 3/5/2003 Currently in the Custody of Mother 2. A Conciliation Conference was held with regard to this matter on January 15, 2008 with the following individuals in attendance: The Father, Matthew Shindel, pro se The Mother, Helen Fultz, with her counsel, Kara W. Haggerty, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: L??-------v_. Jo gan, re re usto Conciliat OM &' ICABururAcis Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 HELEN FULTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NO. 07-7602 MATTHEW SHINDEL, CIVIL ACTION - LAW Defendant IN CUSTODY TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF SAID COURT: MOTION TO MODIFY CUSTODY AND NOW, comes the Plaintiff, Helen Fultz, by and through her attorney, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P. and moves this Court to Modify Custody and in support thereof avers as follows: On April 14, 2008 an Order of Court was entered granting Mother primary physical custody and Father partial physical custody of the minor child, Damian Nathanial Shindel. A copy of the Order of Court is attached hereto as Exhibit A. 2. This Order should be modified for the following reasons: a. The child has been exhibiting significant negative behavior changes following his custodial time with his Father, to include acting out physically and verbally, wetting the bed, and generally requiring more discipline. b. It is believed and therefore averred that Father is engaging in sexual activity in front of the child during his periods of physical custody. i. Father's girlfriend, Ashley Wright, is believed to be his first cousin; ii. The child has detailed activity about Daddy's arm being under Ashley's shirt and Daddy having to take Ashley's pants off due to her pants getting wet. It is believed and therefore averred that Father obtained a DNA paternity test without the knowledge of Mother, that excludes Father as the biological father of the subject minor child. i. After obtaining the DNA test, Father stated to Mother that he would no longer be exercising physical custody of the child; ii. Mother has never been provided with a copy of the DNA test to confirm the results. d. The minor child will be beginning kindergarten at the West Shore School District in August 2008. e. The present custody schedule will need to be modified to provide a school year schedule for the child. WHEREFORE, it is respectfully requested that the Custody Order be modified as follows: - Mother shall maintain primary physical custody; - Father be granted partial physical custody on an alternating weekend basis with no overnight custody. - The child have no contact with Ashley Wright during Father's period of custody. - Any other relief that This Honorable Court deems appropriate. Respectfully submitted, Date: g ABOM & KUTULAKIS, LLP -04UI16 [ t' I Kara W. Haggerty, 36 South Hanover' Carlisle, PA 17013 (717) 249-0900 ID #86914 VERIFICATION I, HELEN FULTZ, verify that the statements made in this Motion for Modification of Custody 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 falsification to authorities. Date HEL N FULTZ APR 11 2008 HELEN FULTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 7602 CIVIL ACTION LAW MATTHEW SHINDEL, IN CUSTODY Defendant ORDER OF COURT AND NOW this -4- day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Matthew Shindel, and the Mother, Helen Fultz, shall have shared legal custody of Darman Nathanial Shindel, born 3/5/2003. 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 his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing 1/17/08, Father shall have physical custody of the Child every Tuesday and Thursday. On Tuesday, Father shall pick the Child up after day care and return the Child to Mother's residence no later than 7:00 pm. On Thursday, Father shall pick the Child up at an agreed upon location and time and return the Child to Mother's residence no later than 7:00 pm. b. Commencing 1/26/08, Father shall have every other weekend from late afternoon Saturday until Sunday evening. The exchange locations and tames shall be by mutual agreement. Pursuant to the terms of this sub-paragraph, upon mutual agreement, Father shall have the option of having physical custody of the Child from Saturday until Monday morning whereby the Child would be dropped off at day care. c. Father shall have additional periods of physical custody as the parties may agree. r 3. The parties shall share transportation for the exchanges by mutual agreement. 4. Holidays: Major holidays with the Child shall be alternated between the parents pursuant_ to ? the attached holiday schedule or as mutually agreed upon. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of 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. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. Telephone Contact: Telephone contact between the Child and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 8. Each parent shall have two non-consecutive weeks (i.e. no more than seven days in a row) of vacation per year with the Child. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the parry first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution: Kara Haggerty, Esquire iL rhoii*?' ?M Matthew Shindel, 2208 Warren Way, Mechanicsburg, PA 17055 John J. Mangan, Esquire HOLIDAYS AND TIMES SPECIAL DAYS EVEN ODD Easter Day From 6 pm the evening before the ARS YEARS Fath holiday to 6 pm the day of the er Mother holida Memorial Day From 6 pm the evening before the Mother Fath holiday to 6 pm the day of the er holida Independence Day From 6 pm the evening before the Fath Labor Day holida to6 m the day of the holiday er Mother From 6 pm the evening before the holiday to 6 pm the day of the Mother Father holida Thanksgiving 1 Half From 6 pm the evening before Father Mothe Thanksgiving Day to 3 pm on r Thanksgiving 2n half Thanks ivin Da From 3 pm on Thanks giving Day to Mother Fathe Christmas 1 Half Da From noon on-12/24 Thanks noo r n on 12/25 Father Mother Christmas 2" Half From noon on 12/25 to noon on Moth 12/26 er Father Mother's Day From 6 pm the evening before the Mother Moth holiday to 6 pm the day of the er holida Father's Day From 6 pm the evening before the Father Fath holiday to 6 pm the day of the er HELEN FULTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 7602 CIVIL ACTION LAW MATTHEW SHINDEL, Defendant IN CUSTODY CUSTODY CONCILIATION SLTNIl?ARy REPORT IN ACCORDANCE WffH CUMBE 1915.3-8(b), the undersigned Custody Conciliators COUNTY RULE OF CIVIL, pROCEDU1tE following eport: The Pertinent information pertaining to the Child who is the subject as follows: J of this litigation is Name Date of Birth Damian Nathaniel Shindel 3/5/2003 Currently in the Custodv of Mother 2• A Conciliation Conference was held with the with regard to this matter on Jan following individuals in attendance: ?y 15, 2008 The Father, Matthew Shindel, pro se The Mother, Helen Fultz, with her counsel, Kara W. Haggerty, Esquire. 3• The parties agreed to the entry of an Order in the form as attached. Date:_y&4 Jo gan, Es e usto Conciliat CERTIFICATE OF SERVICE AND NOW, this -__ day of May, 2008, I, Kara W Haggerty, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Motion to Modify Custody by First Class U.S. Mail addressed to the following: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 MTJ r^? rs t?? ?n r, HELEN FULTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW SHINDEL DEFENDANT 2007-7602 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at__ _ 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 27, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: /s/ ohn . Mangan, 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 M.NnMIA o i q Wa 9- Nnr 8001 KdVjQ Nf, HIO'6d 34i::D ?LJ r , .. JUN 802008_ 1 HELEN FULTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 7602 CIVIL ACTION LAW MATTHEW SHINDEL, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this ID day o 2%9,-upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated April 14, 2008 is hereby VACATED. 2. Legal Custody: The Father, Matthew Shindel, and the Mother, Helen Fultz, shall have shared legal custody of Damian Nathanial Shindel, born 3/5/2003. 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 his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. For the summer time when school is not in session, Father shall have physical custody of the Child every Tuesday from 2:00 pm until 6:00 pm and Thursday from 11:30 am until 6:00 pm. Father shall pick up the Child at maternal grandmother's residence and for the 6:00 pm exchange, the location shall be at Michael's on Simpson Ferry Rd. The parties may alter said times and locations by mutual agreement. b. For the summer time when school is not in session, Father shall have physical custody of the Child from 12:00 pm on Saturday until Sunday at 6:00 pm. Father shall pick up the Child at maternal grandmother's residence at 12:00 pm and for the 6:00 pm exchange, the location shall be at Michael's on Simpson Ferry Road absent mutual agreement otherwise. c. Once school begins in the fall, Father shall have physical custody of the Child every other weekend from Friday at 6:00 pm until Sunday at 6:00 pm. The exchange location shall be at Michael's on Simpson Ferry Road absent mutual agreement otherwise. Additionally, during the school year, Father shall have at a minimum of one visit with the Child between Monday and Friday every week for four hours. d. Father shall have additional periods of physical custody as the parties may agree. 4. The custodial party shall ensure that the Child's homework is completed prior to school the following day. vZ r 5. The parties shall make all reasonable efforts to transport the Child themselves, unless there exists extenuating circumstances otherwise. 6. Holidays: Major holidays with the Child shall be alternated between the parents pursuant to the attached holiday schedule or as 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 party as soon as practicable after the emergency is handled. 9. Telephone Contact: Telephone contact between the Child and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 10. Each parent shall have two non-consecutive weeks (i.e. no more than seven days in a row) of vacation per year with the Child. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 11. 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: Kara Haggerty, Esquire ?Jane Adams, Esquire t,,46hn J. Mangan, Esquire ?_r rrua c&CL 7?? ? LLB ?.e co Co LU '.' " C*IJ HOLIDAYS AND TEWES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to pm the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving 1 From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2n From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Da Christmas 1 Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday HELEN FULTZ, Plaintiff V. MATTHEW SHINDEL, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 7602 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 Damian Nathaniel Shindel 3/5/2003 Currently in the Custody of Primary Mother 2. A prior Order of Court was issued April 14, 2008 and a Conciliation Conference was held with regard to this matter on June 27, 2008 with the following individuals in attendance: The Father, Matthew Shindel, with his counsel, Jane Adams, Esq. The Mother, Helen Fultz, with her counsel, Kara W. Haggerty, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: John Can, Es ire Cus odyConcilia r JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esdadams@gmail.com --------------------------------------- --------------------------------------- N M .Y ?.... ". "` M w -< HELEN FULTZ, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07 - 7602 Civil Term MATTHEW SHINDEL, : CIVIL ACTION - LAW Defend ant/Petitioner- IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Matthew Shindel, by and through his counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Matthew Shindel, Petitioner, (hereinafter referred to as "Father"), is the Defendant in the above-captioned matter, and is an adult individual currently residing at 2208 Warrren Way, Mechanicsburg, Pa. 17055. 2. Helen Fultz, Respondent, (hereinafter referred to as "Mother") is the Plaintiff in the above-captioned matter, and her last known address is 1160 Kingsley Road, Camp Hill, Pa. 17011. 3. This matter concerns the following child: Damian Shindel, born March 5, 2003. 4. The parties are subject to an Order of Court dated June 30, 2008, which was a result of the parties' agreement. A copy of said Order and Stipulation is attached hereto and incorporated herein by reference as Exhibit "A". 5. The prior Order provides that Father shall have the child "a minimum of one visit" between "Monday and Friday every week for four hours." Since the entry of this Order, Father has had an extremely difficult time getting his weekday visits since the time and day of such visit is not included in the Order. Mother has repeatedly denied the visit or found excuses for Father not to have a weekday visit. h6? )owns etok ,77 ?J3oI& 1 6. Father's time with the child is extremely limited and not sufficient for meaningful contact. The child is older now and would benefit greatly from spending more time with Father. 7. Father is requesting additional periods of partial custody with the child. 8. Father is requesting that all of his periods of partial custody be provided for, with specific times and days of the week. 9. Father is requesting that a new Order provide that exchanges be made, whenever possible, at the school or other location whereby Mother cannot continue to unilaterally deny Father his visits. 10. It would be in the best interest of the child to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order does not adequately provide for the child. 11. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition because the modification will ensure that the child has regular and ongoing contact with both parties. WHEREFORE, Petitioner requests the court to set a conciliation date to examine issues regarding custody of the child owe Respectfully submitted, e Adams, Esquire k JO. No. 79465 17 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER 9-a-06 se,+ %ta JUN 3 0 2008f" HELEN FULTZ, Plaintiff V. MATTHEW SHINDEL, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 7602 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT JU.4A- AND NOW this 3D _ day of4t4y 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated April 14, 2008 is hereby VACATED. 2. Legal Custody: The Father, Matthew Shindel, and the Mother, Helen Fultz, shall have shared legal custody of Damian Nathanial Shindel, born 3/5/2003. 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 his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. For the summer time when school is not in session, Father shall have physical custody of the Child every Tuesday from 2:00 pm until 6:00 pm and Thursday from 11:30 am until 6:00 pm. Father shall pick up the Child at maternal grandmother's residence and for the 6:00 pm exchange, the location shall be at Michael's on Simpson Ferry Rd. The parties may alter said times and locations by mutual agreement. b. For the summer time when school is not in session, Father shall have physical custody of the Child from 12:00 nm on Saturday until Sunday at 6:00 pm. Father shall pick up the. Child at maternal grandmother's residence at 12:00 pm and for the 6:00 pm exchange, the location shall be at Michael's on Simpson Ferry Road absent mutual agreement otherwise. c. Once school begins in the fall, Father shall have physical custody of the Child every other weekend from Friday at 6:00 pm until Sunday at 6:00 pm. The exchange location shall be at Michael's on Simpson Ferry Road absent mutual agreement otherwise. Additionally, during the school year, Father shall have at a minimum of one visit with the Child between Monday and Friday every week for four hours. d. Father shall have additional periods of physical custody as the parties may agree. 4. The custodial party shall ensure that the Child's homework is completed prior to school the following day. The parties shall make all reasonable efforts to transport the Child themselves, unless there exists extenuating circumstances otherwise. 6. Holidays: Major holidays with the Child shall be alternated between the parents pursuant to the attached holiday schedule or as 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 parry, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other parry. 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 parry as soon as practicable after the emergency is handled. 9. Telephone Contact: Telephone contact between the Child and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 10. Each parent shall have two non-consecutive weeks (i.e. no more than seven days in a row) of vacation per year with the Child. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 11. 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, A^ A t7 J. Distribution: Kara Haggerty, Esquire Jane Adams, Esquire John J. Mangan, Esquire 'RUE COPY FROM REGORU in Tesfiinfuq %Vh6r , I here unto ,.,n 6.. 't and tha iyat i l :13th 1>?,i .tai: txa2 t1 .;::, t i „?; .. - HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holida Memorial Day From. 6 pm the evening before the Mother Father holiday to 6 pm the day of the holida Independence Day From 6 pm the evening before the Father Mother holiday to6 pm. the day of the holiday Labor Day From 6 pm the oyoning beforc the Mother Father holiday to 6 pm the day of the holida Thanksgiving 1 From 6 pm the evening before Father -Mother Half Thanksgiving Day to 3 pm on Thanksgiving Da ' Thanksgiving 2n From 3 pm on Thanksgiving Day to Mother Father half 6 m the dg after Thanksgiving Da Christmas 1 Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father . 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holida Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holida . , f HELEN FULTZ, Plaintiff V. MATTHEW SHINDEL, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 7602 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 Damian Nathaniel Shindel 3/5/2003 Primary Mother 2. A prior Order of Court was issued April 14, 2008 and a Conciliation Conference was held with regard to this matter on June 27, 2008 with the following individuals in attendance: The Father, Matthew Shindel, with his counsel, Jane Adams, Esq. The Mother, Helen Fultz, with her counsel, Kara W. Haggerty, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: / -z ? 4) John gan, e Cus ody: ConciliaEsr VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1- 7 -10 atthew Shindel, etitioner HELEN FULTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUI 1T Y, PE'NNSYLVANI \ V. MATTHEW SHINDEL 2007-7602 CIVIL. AC-ION LAW' IN CUSTODY 1) 1?T 1:1 ,1)ANT ORDER OF COURT AND N0W, Thursday, January 14, 2010 upon consideration of, the attached Covilplaint, it is h:rehv directed tha. parties and their respective counsel appear before John J. Mangan, Jr., Esq. . the conciliator, Lit 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February 24, 2010 at 1:00 PM for a Pre-I lear1111-1 Custc,d} Ccmference. At such conference, an effort will he made to resolve the issues in dispute; or if this cannot he accomplished, to define and narrow the issues to he heard by t le court, and to enter into a temporary order Failure to appca' at the conference may provide grounds for entry of a t°mporarv 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 hearin<,t. FOR THE COURT. 8y lsl .john j Mangan,, Jr.? Esq, - - r - C uslodV Coneilia'or The COL I't ofC'ommon Pietas ofCrunherland C'ouniv is required h_v la?N to corrmpk ?vith the Americans ',Math Disahiiitcs A; of 1990. For information ahout accessible facilities and reasonable accommodations available to disabled individuals having batSlness bet ve the court, please ?:ontact our office. All arrangements must he made at least 72 hours prior to any hearing or husinesS helore the court. You must attend the scheduled conference or hearing. YOt ' SHOULD TAKE THIS PAPER TO YOUR AI'TORNEY AT ONCE:. iF YOU DO NOT' HAVE A\ ATTORNEY OR CANNOT AFFORD ONE, GO '10 OR TELEPHONE THE OFFICE SET FOR II I B11.0"' TO FIND OUT WIfFRE YOU CAN GET LEGAL HELP. Cumberland County Bar Assoc ation 32 South BedtOrd Street Carlisle, Pennsylvania 17013 Telephone (717)249-316() ,? {;? ,. <<, ,??. ?,, d;,, ?.?? ?_. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF HELEN FULTZ, Plaintiff V. MATTHEW SHINDEL, Defendant r r , r,. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-7602 : IN CUSTODY PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of KARA W. HAGGERTY, ESQUIRE, as attorney of record for Plaintiff, HELEN FULTZ, in this matter. LCO, 2010 JO- V U, jtl Kara W. Haggerty, Es re Abom & Kutulalds, 2 West High Street Carlisle, PA 17013 717-249-0900 SUPREME COURT I.D. NO. Please enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the Plaintiff in this matter. ??"u°??, 2010 th ??, Esquire & WOLF 10 West High Street Carlisle, PA 17013 717-241-4436 SUPREME COURT ID #87380 HELEN FULTZ, Plaintiff V. MATTHEW SHINDEL, Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT Ca cr% AND NOW this day of March 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court are hereby VACATED and replaced with this Order. G -rn 2. Legal Custody: The Father, Matthew Shindel, and the Mother, Helen Fultz, shall have shared legal custody of Damian Nathanial Shindel, born 3/5/2003. 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 his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. During the school year, Father shall have physical custody every Wednesday from 3:30 pm until 7:30 pm. Absent agreement otherwise, Father shall pick the Child up from school and then return the Child to Mother's residence at 7:30 pm. Additionally, Father shall have physical custody of the Child every other weekend from Friday at 4:30 pm until Monday morning. The Friday exchange location shall be at Michael's on Simpson Ferry Road absent mutual agreement otherwise and Father shall bring the Child to school Monday morning. b. A summer schedule is intended to be established at the status conference in May 2010; in the absence of agreement or further Order of Court, during the summer, Father shall have physical custody of the Child every Tuesday from 2:00 pm until 6:00 pm and Thursday from 11:30 am until 6:00 pm. Father shall pick up the Child at maternal grandmother's residence and for the 6:00 pm exchange, the location shall be at Michael's on Simpson Ferry Rd. Additionally, Father shall have physical custody of the Child from 12:00 pm on Saturday until Sunday at 6:00 pm. Father shall pick up the Child at maternal grandmother's residence at 12:00 pm and for the 6:00 pm exchange, the location shall be at Michael's on Simpson Ferry Road absent mutual agreement otherwise. c. Father shall have additional periods of physical custody as the parties may agree. MAR 19 2010 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 7602 CIVIL ACTION LAWS r-a IN CUSTODY `= 4. The custodial party shall ensure that the Child's homework is completed prior to school the following day. 5. The parties shall make all reasonable efforts to transport the Child themselves, unless there exists extenuating circumstances otherwise. 6. Holidays: Major holidays with the Child shall be alternated between the parents pursuant to the Order entered June 30, 2008. 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 party as soon as practicable after the emergency is handled. 9. The parents are strongly encouraged to engage the Child in individual counseling 10. Telephone Contact: Telephone contact between the Child and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 11. Each parent shall have two non-consecutive weeks (i.e. no more than seven days in a row) of vacation per year with the Child. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 12. A status conference with the assigned conciliator is hereby scheduled for May 28, 2010 at 1:30 pm at the Court of Common Pleas in Carlisle, PA. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Dibution: -Nathan Wolf, Esquire e Adams, Esquire --lohn J. Mangan, Esquire HELEN FULTZ, Plaintiff V. MATTHEW SHINDEL, Defendant Prior Judge: Edgar B. Bayley, P.J. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 7602 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 Damian Nathaniel Shindel 3/5/2003 Currently in the Custody of Primary Mother 2. A prior Order of Court was issued April 14, 2008, a Conciliation Conference was held with regard to this matter on June 27, 2008, an Order was issued June 27, 2008 and a Conciliation conference was held March 03, 2010 with the following individuals in attendance: The Father, Matthew Shindel, with his counsel, Jane Adams, Esq. The Mother, Helen Fultz, with her counsel, Nathan Wolf, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: d John . M gan, Esquire Cu ody Conciliator