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HomeMy WebLinkAbout03-6251 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. C>~ - l..:2S'1 QiuL ~~ CIVIL ACTION - LAW CUSTODY ALISHAA. SHOLLY, Plaintiff GLENNE. SHOLLY, JR., Defendant COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Alisha A. Sholly, by and through her attorney, Diane S. Baker, Esquire, and files this Complaint, based upon the following: 1. Plaintiff, Alisha A. Sholly, is an adult individual residing at 69 Oliver Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Glenn E. Sholly, Jr., is an adult individual residing at 21lB Enola Street, Eno1a, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks primary custody of Shayne Connor Sholly, born August 14, 2001. Plaintiff is the natural mother ofthe child and Defendant is the natural father of the child. The child was born in wedlock. The child is currently in the custody of Plaintiff. 4. Since birth, the child has resided with the following persons and at the following addresses: Plaintiff, Defendant Sharon and Rick Feschuk (grandparents) 69 Oliver Road Enola, P A 17025 Birth to August 2002 Plaintiff, Defendant 21lB Enola Street Enola, P A 17025 Aug. 2002 to Nov. 2003 Plaintiff, Sharon and Rick Feschuk (grandparents) 69 Oliver Road Enola, P A 17025 Nov. 2003 to Present 5. Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 6. Each parent whose parental rights to the child that has not been terminated and the person who has physical custody of the child has been named as parties to this action. 7. The best interest and permanent welfare of the child will be served by granting the relief because Plaintiff provides a safe home and a stable and loving environment for the child. WHEREFORE, Plaintiff requests Your Honorable Court to grant her shared legal and primary physical custody of the minor child, Shayne Connor Sholly. DATE: lfV 1 \l\~~ e . Baker, Esquire Supreme Court ill #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 VERIFICATION I verify that the statements made in this Complaint for Custody 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~)J,oJf d- 1(\ ~ ~ ~c.. {Q. ...... ...... () "1 D ;sJ r ~~ ~~ 0 ~ w ~ =:J .... rT1 'C " C""> ;:1:,,,,"'" -., ""r ~- nIl ~')-. t r'V .CJ " ~...~ ~ic) r=c ~c: "'" "X=H :x (,25 0 - om c;: .. ~ z 0 ;;;2 -< ALISHA A. SHOLLY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03 - f-2~( (!t~~L ~EA-~ GLENN E. SHOLLY JR., Defendant : CIVIL ACTION - DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Alisha A. Sholly, in the above- referenced matter. Respectfully submitted, DATE: November 26,2003 ~~aker, Esquire ~eme Court ill #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 (") 0 ~ "U~ c...> 0 --.{ rT1 ~r]! 929; " I ;~j ~~J Zt;,' N ~._- O~ C""t; ::> .'y~'. ~8 :x ;'),:D :::-'.;.("') om 2 ::;) ~ =< ALISHA A. SHOLLY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA V. 03-6251 CIVIL ACTION LAW GLENN E. SHOLLY, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 09, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Monday, January 12, 2004 , the conciliator, at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin\(. FOR THE COURT. By: Isl Melissa P. Gree'QY. Esq. Custody Conciliator Go 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 ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 ~ -P ~ ~- ~ ['tJl- ,?/-~/ .~ .z ~># '~u, E'c? c7/- [:>/ ~rg ~~.~ D/.(/'/.el U 'tIJ..NY^lASNN3 I NnuJ OI.J\!1.y::;8,AJn - ..n :) t'l:Z Hd 01 :J3aso AI:f"'1 n\ 'C' \f~.~,) IJ;.i.i.U,~;;.; _i:;' . .,{'l ,'" ,.:,".l ~O v ~~lj-(ln:.' - ,...-- ALISHAA. SHOLLY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-6251 .,/ GLENN E. SHOLLY, JR., Defendant : CNIL ACTION - LAW : IN CUSTODY ALlSHA A. SHOLLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6394 GLENN E. SHOLLY, JR., Defendant CML ACTION - LAW IN DNORCE AFFIDAVIT OF SERVICE I, Diane S. Baker, Esquire, hereby certify that a true and correct copy of the Complaint for Custody and Complaint in Divorce was served on the Defendant by certified mail, restricted delivery, return receipt requested, on December 13, 2003, at the Defendant's last known address of: 105 East Cumberland Road Enola, PA 17025 The return receipt card is attached hereto as Exhibit "A". _- --.. /'" ./ ~/'" ,,../~'''''' ~,/''' /~~ ({:// ~,// / DianeS. Baker, Esquire Attorney for Plaintiff 'It JAN 2 1 2004 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6251 CIVIL TERM ALlSHA A. SHOLLY, v. CIVIL ACTION - LAW GLENN E. SHOLLY, JR, IN CUSTODY Defendant ORDER OF COURT AND NOW, this z. '1 ~ day of January, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Alisha A Sholly and Glenn E. Sholly, Jr., shall have shared legal custody of the minor child, Shayne Connor Sholly, born August 14, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. {l5309, 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 parties shall share physical custody in alternating three (3) day segments. For example, Mother shall have custody from January 12, 2004 through January 14, 2004; Father shall have custody from January 15, 2004 through January 17, 2004. The parties will coordinate with each other the sharing of transportation incident to their custodial exchanges as they may agree. In the absence of an agreement, the parent receiving custody shall provide the transportation. 3. During Mother's exercise of her custodial rights, the child shall not be at the residence of William Seibert. 4. The parties shall share the following holidays with an exchange time of 3:00 p.m.: New Year's Day, Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. 5. Christmas. The parties shall share custody for Christmas under a modified A/B schedule: Segment A shall be from December 24th at 8:00 p.m. until December 25th at Noon. Segment B shall be from December 25th at Noon until December 25th at 8:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. However, Father shall always have from 5:00 to 8:00 p.m. on Christmas Eve and Mother shall always have from Noon until 3:00 p.m. on Christmas Day. \/!!\;\~,r\l,A.8~<i'('Jd llllc'.r',-, "'-."'n,", I\.. \i !',!,,' ;:/\, IV 01 :01 iiV EZ NVr ~DOZ 1~}{'iLni\~C:'i"ULYJd 3Hl jO .~T.~:'I::i.:;cl'''(]:ni'! NO. 03-6251 CIVIL TERM 6. Vacation. Each parent shall be entitled to two (2) non-consecutive weeks of custody for purposes of vacation. The parties shall provide each other with thirty (30) days notice of their intended vacation plans and dates. I n the event that the parties have scheduled conflicting vacations, the party first providing written notice to the other parent shall have choice of vacation time. 7. In the event either party is unavailable to provide care for the child during his or her period of custody for a period which extends overnight, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. 8. Mother's Dav / Father's Dav. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. 9. Within ninety (90) days of the date of this Order the parties shall attend the Seminar for Separating Families and thereafter file a certificate indicating that they have complied with this paragraph of the Order. 10. This Order is temporary in nature and may be modified by mutual agreement of the parties. In the absence of their mutual agreement, the terms of this Order shall control. BY THE COURT: /} J. Ois!: ~ne S. Baker. Esquire. PO Box 6443, Harrisburg, PA 17112-0443 tI"eanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 ~ VD~ 0\ .'). JAN ~ 12004 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6251 CIVIL TERM ALlSHA A. SHOLLY, v. CIVIL ACTION ~ LAW GLENN E. SHOLLY, JR, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Shayne Connor Sholly August 14, 2001 Mother and Father 2. Mother filed a Complaint for Custody on December 2, 2003. A Custody Conciliation Conference was held on January 4, 2004 with the following individuals in attendance: the Mother, Alisha A. Sholly, and her counsel, Diane S. Baker, Esquire; the Father. Glenn E. Sholly, Jr., and his counsel, Jeanne B. Costopoulos, Esquire. 3. The parties reached an agreement in the form Me I a Peel Greevy, Esquir Custody Conciliator (~td/) rj , Date I :223096 ALISHAA. SHOLLY, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : No. 03-6251 Civil Term GLENN E. SHOLLY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF A SHAREO CUSTODY ORDER AND NOW comes the Plaintiff, Alisha Sholly, by and tba-ough her attorney, Timothy 1. Colgan, Esquire, and files this Petition for Modification of a Shared Custody Order, of which the following is a statement: L The Plaintiff is A1isha Sholly, residing at 611A, Apartment II, Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Glenn E. Sholly, Jr., residing at 405 East Cumberland Road, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiff seeks Modification of the Shared Custody Order of the following minor child: Shayne C. Sholly, whose date of birth is August 14,2001. The minor child resides with the the Plaintiff at 611A, Apartment II, Geneva Drive, Mechanicsburg, PA 17055 and with the Defendant at 405 East Cumberland Road, Enola, PA 17025. 4. The minor child is presently in the shared custody of Plaintiff at 611 A, Apartment II, Geneva Drive, Mechanicsburg, P A 17055, and Defendant at 405 East Cumberland Road, Enola, PA17025. S. The mother of the minor child is Alisha A. Sholly. She is married. 6. The father of the minor child is Glen E. Sholly, Jr. He is married. 7. The relationship of Plaintiff to the child is that of mother. 8. The relationship of Defendant to the child is that offather. 9. The Petition of Alisha Sholly respectfully represents that on January 23,2004, an Order of Court was entered for shared physical custody, a true and correct copy of which is attached. 10. The best interest and permanent welfare of the child will be served by granting modification of this Order because it is not in the best interest of the minor child to be in the custody of Glen E. Sholly, Jr. for any extended period of time, as Mr. Sholly's lifestyle and actions continue to be a danger to the minor child. WHEREFORE, Plaintiff requests that the Court modify the existing Order of Shared Physical Custody because it will be in the best interest of the minor child. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. By: '; ~ ,dlt.t{, . Timothy J. (to ,.' uire 130 West Church Street, Suite 100 Dillsburg, P A 17019 Attorney J.D. #77944 Attorney for Plaintiff Date: C~~) / / VERIFICATION I, ALISHA A. SHOLLY, hereby swear and affirm that the facts contained in the foregoing Petition for Modification of a Shared Custody Order are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: I ~ -".,.,.~.., ~L4. ALISHA A. SHOLLY Plaintiff ----- ~ -'1 ~~ ~ <.1\. - '-' .. <:- \,.. '" ~ V, -0 2 ..... - ALISHA A. SHOLLY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-6251 CIVIL ACTION LAW GLENN E. SHOLLY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, February 16,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 1701l on Friday, Marcb 18,2005 at 11:30 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. Tbe 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/ Melissa P. GreelY, Esq. Custody Conciliator ..'f" The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of J 990. For infortnation about accessible tacilities 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 HA VE 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 Str(:et Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~.$ N:'" """ )d ue ,;fp 1- ~ PfYJ;L, pue _~LA L~ /'I!iT'- Ji'U; /9 >cn/~e 'rpv/,V -W"?- - C 1(, 1 ' ..: i ,i,,1 ALISHAA.SHOLLY, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : No. 03-6251 Civil Term GLENN E. SHOLLY, Defendant : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF YORK 1 HEREBY CERTIFY that before me, the undersigned authority, a Notary Public in and for the Commonwealth of Pennsylvania, County of York, aforesaid, personally appeared Edgar Siptroth, who made oath in due form of law that on the II 'HI day of ~.ebv lA-A ,2005, at ^J;:5 C> o'clock 1.M., he personally served a true and correct copy 0 he PetitIOn for ModificatIOn of a Shared Custody Order and Directive filed upon the Defendant, Glenn E. Sholly, at the following address: /J v<.e~/Oi1? e 10S EA6T CvYl?~A/JJ Rd )7{)~,~ &!A rm Sworn to and subscribed before me on this -IL day of kh~ 2005. ~~i'1 /ljJfd~' Notary he &rDdlAi ~ ~J~)1 ~th f- j:Jfu L(J/~,) fL Signature of Defendant ~\iC S oawn G\at~~\~;?. :i~'f1, zoos ~~~~on Expires CIll~onolNO"'lies \lfi penn....van'ap.ss<) \J\ell\\l8I, . <. .... RECEIVED MAY 12 2Offi~ ALlSHA A. SHOLLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6251 CIVIL TERM v. CIVIL ACTION - LAW GLENN E. SHOLLY, JR., IN CUSTODY Defendant HESS, J. --- ORDER OF COURT AND NOW, this /Jrli day of May, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties shall participate in chemical dependency evaluation with Ellis Berkowitz or another certified addition counselor mutually agreeable and selected by counsel. The chemical dependency evaluation may include testing of the parties blood, urine and hair for the presence of alcohol and/or drugs of abuse. The evaluation may also include interviews of collateral sources of information regarding the parties. Each party shall be responsible for paying for the evaluation of the other. Counsel shall contact the evaluator in order to determine the approximate cost of the evaluation so that the services may be paid for in advance so as to avoid the delay of obtaining the report by reason of non-payment. The parties are further instructed to cooperate fully with the evaluation and promptly arrange for the scheduling of their appointments and its completion within thirty (30) days of the date of this Order. In the event that the evaluator makes a random or unannounced request for blood or urine samples, the parties will promptly cooperate with the evaluator in providing the same. The parties shall also sign consents to release the chemical dependency evaluator's report to their respective counsel. 2. A hearin:::>~~heduled in. Courtroom Number 4 of the C,u~J:>erland County Courthouse, on the ,- ~ day of ! a / ., 2005, at (/..5 (J o'clock k.M., at which time testimony will be taken For the purposes of the hearing, the Mother, Alisha A. Sholly, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list ('I' fl..',' O'~ :JII, (' '.' A ';..1':;1 ~~UDZ " . NO. 03-6251 CIVIL TERM of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: Disl: Timothy J. Colgan. Esquire, 130 W. Church Street, uite 100, Dillsburg, PA 17019 Jeanne B. Costopoulos, Esquire. 5000 Riller Road, Suite 202, Mechanicsburg, PA 17055 > C-'~ .~."c . ./ .')./.).0 ~ c;.- RECEIVED MAY 12 1005i Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6251 CIVIL TERM ALlSHA A. SHOLLY, v. CIVIL ACTION - LAW GLENN E. SHOLLY, JR, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: CURRENTLY IN THE CUSTODY OF NAME DATE OF BIRTH Shayne Connor Sholly August 14, 2001 Mother and Father 2. Mother filed a Petition for Modification of a Shared Custody Order on February 11, 2005. A Custody Conciliation Conference was held on April 29, 2005 with the following individuals in attendance: the Mother, Alisha A. Sholly, and her counsel, Timothy J. Colgan, Esquire; the Father, Glenn E. Sholly, Jr., and his counsel, Jeanne B. Costopoulos, Esquire. 3. Mother's position on custody is as follows: The last Order entered in this matter was January 23, 2004. Mother files her Petition because Father's lifestyle and actions present a danger to the child. She reports that in August 2004, Father threatened her boyfriend with a knife while holding the child in his arms. This incident led to criminal charges being filed. Father subsequently pled guilty to harassment. In September 2004, Mother alleges there was an incident where Father was drinking and intoxicated and had planned to leave where he was, taking the child with him in the vehicle while under the influence. Allegedly, other adults attempted to intervene to stop him from driving under the influence. The police were called. Mother alleges that ultimately both the Father and Paternal Grandmother ended up being arrested by the police after a very contentious circumstance during which the child was passed from the Father to the Paternal Grandmother and later to get another family member. Mother further alleges that Father uses illegal drugs and that the child reported that he had at one time showered with Father and his then girlfriend. Mother complains that Father puts the child in the care of his sister during his work hours rather than allow the child to stay with her. Mother reports that she is . ~ NO. 03-6251 CIVIL TERM a stay-home mom of another very young child and therefore because she is more available to care for the child, that the preference should be given to her rather than Father's sister. She proposes for Father to have frequent and continuing contact with the child on the weekends when he is not working and some evenings during the week. However, she does not want him to be in the care of his Paternal Aunt nor does she want the child to have to get up early enough in the morning to be dropped off before Father leaves for work at 6:40 a.m. She would propose that Father's custodial periods during the week end with the child being returned to her home before bedtime. It is Mother's belief that Father resists this change in the schedule and insists on continued overnights because of the significant financial impact of the loss of overnights on the amount of child support obligation he is required to assume. 4. Father's position on custody is as follows; Father resides in Enola and works in the Lewisberry area 7:30 a.m. to 3:00 p.m. Monday through Friday. Father continues to complain of Mother's continued association with William Seibert whom he alleges has threatened to kill him. Father continues to express concerns regarding Mother using drugs and the child being around Mr. Seibert who apparently has a rather extensive police record. Father is willing to have the child be cared for during his workdays by the Mother, but is unwilling to lose the equal sharing of his overnight custodial time. 5. Because the parties have not reached an agreement with regard to modification of the schedule, a hearing will be necessary. Because of cross allegations with regard to drug and alcohol abuse, the parties have agreed to participate in a drug and "ooho' ''''",lion with ,,'" p"iog roc'" ,,,'o,,",,n ~th211"C [J;l / 6[~ LJjCt/"i~~~ t!:~~ Custody Conciliator :250238 ALISHA A. SHOLLY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 03-6251 Civil Term GLENN E. SHOLLY, Defendant : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in Divorce under !;3301(c) afthe Divorce Code was filed on December 9, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 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 made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. 1(- 9-05 Date ~~~ ~ (<, 6J"l -~ -',::::--, ~".- _c~ c:P _:1 ~. -- ('.0 //------- ALISHAA. SHOLLY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-6251 Civil Term GLENN E. SHOLLY, Defendant : CIVIL ACTION - LAW : IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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! do not claim them before a divorce is granted. 3. 1 understand that 1 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 made herein are subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. 1/ -q-oS Date a4iJo jJ 1h~jfT A1isha A. Sholly . Plaintiff ~.; (~'\ '~.;"1 -.- c.' t..fJ \"" .--.-------.----------- ., ALlSHA A. SHOLLY, Plaintiff ; IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYL VANIA vs. ; No. 03-6251 Civil Term GLENN E. SHOLLY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ACKNOWLEDGMENT OF' PARTIES TO ENTRY OF STIPULATION AS ORDER OF COURT AND NOW, to wit, this /r+--, day of 1kf~ , 2005, the parties in the above-referenced action do hereby agree that the attached Stipulation shall be entered as an Order of Court. OJJ~Q ,/lh>-€l~ Alisha A. Sholly ~'7'~ Glenn E. Sholly ar~- Timothy an, sqUIre Attorney for Alisha A. Sholly Je e B. Costopoulos, Esquire A orney for Glenn E. Sholly " ", ,. ALISHA A. SHOLLY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-6251 Civil Term GLENN E. SHOLLY, Defendant : CIVIL ACTION - LAW : IN CUSTODY AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this L day of P12 e vYllP-r ' 2005, Alisha A. Sholly of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Mother") and Glenn E. Sholly of Enol a, Cumberland County, Pennsylvania (hereinafter referred to as "Father"), having reached an agreement to mutually settle and resolve the issues of custody of their minor child, Shayne C. Sholly, date of birth August 14,2001, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS Alisha A. Sholly is the natural mother of said minor child; and WHEREAS Glenn E. Sholly is the natural father of said minor child; and WHEREAS the parties, having reached an agreement regarding custody prior to a trial, are desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation for entry as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father, intending to be legally bound, do agree as follows: I. Lel!aJ Custody: The parties shall share legal custody of the minor child. Joint legal custody means the right of both parents to control and share in making decisions of , . J importance in the life oftheir child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. As soon as practicable after receipt by a party, copies of the child's school schedules, special events notifications, report cards and similar notices shall be provided to the other party. Each party shall notifY the other of any medical, dental, optical and other appointments ()fthe child with health care providers sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day Jiving shall be made by the parent then having custody, consistent with the other provisions of this Order. 2. Physical Custody: The parties shall share physical custody, as defined in the Custody Act, of the minor child, Each party shall have custody of the minor child on a three-day rotational basis. a. The party beginning their period of custody shall provide transportation; b. During Father's periods of physical custody, Mother will be the care giver for the minor child on days when Father is working two or more hours and the parties will share transportation for those exchanges; Father shall transport the child to Mother's residence and Mother shall return the child to Father's residence after his workday is over; and c. The parties will each have the right of first refusal to have the minor child when they will be away from the child for a period in excess of four hours. d. For exchanges of physical custody, William Seibert agrees not to participate .. in said exchanges. 3. Holidays: The parties shall share the following holidays with an exchange time of 3:00 p.m.: New Year's Day, Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. The parties shall share custody for Chistma~ under a modified A/B schdule: Segment A shall be from December 24th at 8:00 p.m. until December 25th at Noon. Segment B shall be from December 25th at Noon until December 25th at 8:00 p.m. In even numbered years, Mother shall have Segment A and Father shall have Segment B. However, Father shall always have from 5:00 p.m. to 8:00 p.m. on Christmas Eve and Mother shall always have from Noon until 3:00 p.m. on Christmas Day. 4. Vacations: Each parent shall be entitled to two (2) non-consecutive weeks of custody for purposes of vacation. The parties shall provide each other with 30 days written notice of their intended vacation plans and dates. In the event that the parties have scheduled conflicting vacations, the party first providing written notice to the other parent shall have choice of vacation tinle. 5. Other Considerations: a. Mother will submit to a drug and alcohol evaluation. If the evaluation states that there is a problem, Mother will submit to random drug screens per the recommendation of the evaluator. If the evaluation states that there is no problem, she will submit to two random drug screens upon reasonable notice; b. Father will agree to follow the recommendations outlined in Ellis Berkowitz' ; evaluation and will sign authorizations so that Mother can ensure compliance with same; c. Should a random drug test of either party show evidence of illicit drugs, that party's periods of physical custody shall be immediately suspended pending a fUlther hearing before the COllrt; and d. The parties will engage a professional for behavioral counseling for the minor child as recommended by the child's pediatrician and the parties will follow the recommendations of the behavioral counselor. 6. TransDortation: Transportation for all custody exchanges shall be as outlined in paragraph two (2) above. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages or controlled substances prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages or controlled substances while transporting the child. 7. Late for Exchanl!e: In the event any party is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a teiephone cail or other communication from the party, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the child. 8. Medical Care: Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of a child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and ",'hich places the child under the direction of a licensed physician. 9. Telephone Calls: Both parties are urged to use common sense in scheduling telephone calls to talk to the child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the child, or preventing the child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the child's schedule. 10. Dispara!!in~ Remarks: Each of the parties and any third party in the presence ofthe child shall take all measures deemed advisable to foster a feeling of affection between the child and other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the child from the other parent, their spouse or relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for the other parent. The parties shall not use the child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. II. Other Considerations: In the event that a significant matter arises with respect to the medical care, education, or financial care of the child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed , with the other parent before any change is made by either parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed ofl1is or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 12. Smokinl! / Drinkinl!: No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any part of a confined area with the child present. No party shall drink alcoholic beverages or consume illegal substances when in the presence of the child, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the child. 13. Modification: The parties are free to modify the terms of this Order but in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. ln the event that one or the other does not consent to a change, that does not mean each follows their own idea as to what they think the arrangements should be. This Agreement and , '. Court Order is set out in detail so both parties have it to refer to and to govern their relationship with the child and with each other in the event of a disagreement. WHEREFORE, the parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. Both parties acknowledge that they have entered if'to this Agreement and Stipulatiou of Custody voluntarily and after the opportunity to consult with their respective counsel. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 011iLft~a 1h(J~ Alisha A. Sholly ~ 7' /J~~ Glenn E. Sholly /"7) ---- Witness ~ (dih1fC"14r, tlf ----- W~ ('~ "11 r-'f , ,') I (.{\ ..--' , :'i ~,,_I ,'. vi, . DEe 0 8 2005 (i'J .. ALISHAA. SHOLLY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 03-6251 Civil Term GLENN E. SHOLLY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this /Z" day of 'Jk,. v.r ,2005, upon consideration of the foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated j)QC~ , 2005, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: /9d , J. i f) -05 (J' ~ ~ Y> ,,',,' ;j (". ',"- . '--j AUG 2 4 20 10 ALISHA A. BEATTY THE COURT OF COMMON PLEAS OF (previously ALISHA A. SHOLLY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 03-6251 CIVIL TERM GLENN E. SHOLLY, JR., CIVIL ACTION - AT LAW Defendant CUSTODY ORDER OF COURT AND NOW, this Z y' day of f "O 2010, upon consideration of the within STIPULATION FOR CUSTODY, which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set forth in full hereinafter. Any and all prior Orders in this matter are hereby vacated. BY THE COURT: J. D stribution: l i ?Je B. Costopoulos, Esquire, 130 Gettysburg Pike, Suite C. Mechanicsburg, PA ?Alisha A. Beatty, 19 Lancaster Avenue, Enola, PA 17025 co •rL?l 1 ?5 m ``' `N" Cam. ? ?' ? C y -:-{ ?„•