HomeMy WebLinkAbout08-2969
ANDREW SHAKER,
Plaintiff
V.
No. D$-a949 e„ivi l-Ferr-
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Phone: (717) 249-3166
(800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
ERINNYE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action- Law
: IN DIVORCE and CUSTODY
NOTICE
You have been sued m 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 without you and a decree of 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 also lose money or property or other rights important to
you, including custody or visitation of 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 Court House, High and Hanover Streets, Carlisle.
IF YOU SO 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.
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 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.
0
ANDREW SHANER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : Civil Action- Law
No. 0F• Z 9L4 L#?J
ERINNYE,
Defendant
IN DIVORCE and CUSTODY
COMPLAINT UNDER SECTIONS 3301(c) or 3301(d)
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Andrew Shaner, by and through his counsel,
Michael J. Whare, Esquire and avers as follows:
1. Plaintiff is Andrew Shaner, an adult individual, who currently resides at 23
Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Erin Nye, an adult individual who currently resides at 155 East
Columbia Road, Enola, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have both been bona fide residents in the
Commonwealth for at least six months immediately previous to the filing of this
Complaint.
4. Plaintiff and Defendant were married on November 12, 2005, in Harrisburg,
Dauphin County, Pennsylvania and separated on or about May 2007.
5. There have been no prior actions of divorce or annulment between the parties
hereto in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available, and that Plaintiff may
have the right to request that the Court require the parties to participate in counseling.
•
8. Plaintiff requests the Court to enter a Decree in Divorce.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
Decree in Divorce and such other Orders as may be just and appropriate.
COUNT -2 - CUSTODY
9. The previous paragraphs 1-8 are incorporated by reference.
10. Plaintiff seeks primary physical custody of the following child:
Name Present residence DOB
Brennan Shaner 155 East Columbia Road 04/09/2006
Enola, PA 17025
11. The child was born out of wedlock.
12. The child is presently in the custody of Mother, who resides a 155 East
Columbia Road, Enola, Pennsylvania.
13. During the past five years, the child has resided with the following persons
and at the following addresses:
List all Persons List All Addresses Dates
Andrew Shaner and 1517 E. Trindle Rd. Nov. 2006-May 2007
Erin Nye Mechanicsburg, PA 17055
Andrew Shaner, Eugene 23 Edgewood Dr. May 2007- present
Shaner, Teresa Shaner Mechanicsburg, PA 17055
Erin Nye and Mother Harrisburg, PA May 2007- July 2007
Erin Nye and Phu ? 155 East Columbia Rd. July 2007- present
Enola, PA 17025
14. The Mother of the child is Erin Nye, who resides at 155 East Columbia Road,
Enola, Pennsylvania.
She is married to the Plaintiff.
15. The Father of the child is Andrew Shaner, who resides at 23 Edgewood Dr.,
Mechanicsburg, Cumberland County, Pennsylvania.
He is married to the Defendant.
16. The relationship of plaintiff to child is that of Father.
The Father currently resides with the following persons:
Name
Relationship
Eugene Shaner Father
Teresa Shaner
Mother
17. The relationship of defendant to child is that of Mother.
The Mother currently resides with the following persons:
Name
Relationship
Brennan Shaner son
Phu (?)
Roommate
18. 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 another court.
19. Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
20. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
21. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the child have been named as
parties to this action. All other persons, named below, who are known to have or
claim a right to custody or visitation of the child will be given notice of the
pendency of this action and the right to intervene:
Nam s Address Basis of Claim
None
22. Reasons for granting relief:
A) A Court Order of custody and structured visitation is desired so that
Plaintiff and child may plan their schedules accordingly, and so that misunderstandings
and unmet expectations regarding custody and visitation can be avoided, and also so that
the child is not used in a manipulative fashion.
B) A Court ordered determination of custody is required to avoid continuing
conflict between the parties regarding parental responsibility for custody and support.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his
petition for primary physical custody of the child.
Respectfully submitted,
Date: SS 0 ILA
'chael I Whare, Esquire
37 East Pomfret Street
Carlisle, PA 17013
Supreme Ct. Id No. 89028
Attorney for Plaintiff
ANDREW SHANER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action- Law
No.
ERIN NYE,
Defendant
: IN DIVORCE and CUSTODY
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
4904 relating to unworn falsification to authorities.
Date: 7 2oo `d
An a Shaner, Plaintiff
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ANDREW SHANER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
v' 2008-2969 CIVIL ACTION LAW
ERIN NYE
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, May 15, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 06, 2008 at 8:30 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 hearinf2.
FOR THE COURT.
By: /s/ Hubert X. Gilroy, Esq.
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
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JUN 242008N17
ANDREW SHANER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
ERIN NYE, NO. 2008-2969
Defendant IN CUSTODY
COURT ORDER
AND NOW, this -z 6 day of (2 ? 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The Father, Andrew Shaner, and the Mother, Erin Nye, shall enjoy shared legal and
shared physical custody of Brennan Shaner, born April 9, 2006.
2. Physical custody shall be handled with the parties sharing custody on a week
on/week off basis with the parties exchanging custody on each Sunday at noon
unless another time is agreed upon by the parties.
3. Unless the parties agree otherwise, transportation for exchange of custody shall be
handled with the receiving party picking the child up.
4.
The parties shall meet again for a second custody conciliation conference on
Thursday, August 28, 2008, at 8:30 a.m. In the event the parties determine that the
second conciliation conference is not necessary, they or their counsel may contact
the Conciliator to cancel that conference
cc: /Michael J. Whare, Esquire
,/GMs. Erin Nye
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ANDREW SHANER,
Plaintiff
VS.
ERIN NYE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008-2969
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Brennan Shaner, born April 9, 2006
2. A Conciliation Conference was held on June 20, 2008, with the following individuals in
attendance:
the father, Andrew Shaner, with his counsel Michael J. Whare, Esquire, and the
mother, Erin Nye, who appeared without counsel.
3. The parties agreed to the entry of an Order in the form as attached.
Date: June T , 2008 0 '\ )--?
Hubert X. Gilro , Esquire
Custody Conc' iator
SEP 2 5 20080
ANDREW SHANER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
ERIN NYE, NO. 2008-2969
Defendant IN CUSTODY
COURT ORDER
AND NOW, this day of kll?, , 2008, upon
consideration of the attached Custody Conciliation Re rt, it is ordered and directed that this Court's
prior Order of June 26, 2008, is vacated and replaced with the following Order of Court:
1. The father, Andrew Shaner, and the mother, Erin Nye, shall enjoy shared legal
and shared physical custody of Brennan Shaner, born April 9, 2006.
2. Physical custody shall be handled as follows:
A. Mother shall have custody every Monday from 8:00 a.m. until Wednesday
at 3:15 p.m. Additionally, Mother shall have custody every other weekend
from Friday at 8:00 a.m. through Sunday at 6:00 p.m.
B. Father shall have custody of the minor child when the Mother doesn't have
custody.
The parties shall handle the holiday schedule as follows:
A. The Thanksgiving holiday shall be handled with the Father having custody
from 9:00 a.m. until 3:00 p.m., and the Mother having custody from 3:00 p.m.
until 9:00 p.m.
B. The Christmas holiday shall be divided into two segments, with segment A
being from December 24th at noon until December 25`h at noon, and segment
B being from December 25`h at noon until December 26`h at noon. Mother
shall have custody in segment A and Father shall have custody in segment B.
C. Mother shall have custody on Mother's Day and Father shall have custody on
Father's Day.
4. The parties shall also enjoy at least one week of vacation with the minor child upon
giving the other parent reasonable notice as to when they intend to go on vacation.
40
5. The parties may modify the custody arrangement as they agree. Absent an agreement,
the parties shall follow the Order set forth above. In the event either party desires to
modify this Order, that party may petition the Court to have the case again scheduled
with the Custody Conciliator for a conference.
cc: /x1 ichael J. Whare, Esquire
/ `"is. Erin Nye
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The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Brennan Shanner, born April 9, 2006
2. A Conciliation Conference was held on September 25, 2008, with the following
individuals in attendance:
The mother, Erin Nye, appeared without counsel, and the father,
Andrew Shaner, appeared with his counsel, Michael J. Whare, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date: September 2008
Hubert X. Gilro , Esquire
Custody Concr iator
ANDREW SHANER,
Plaintiff
vs.
ERIN NYE,
Defendant
NO. 2008-2969
IN CUSTODY
Prior Judge: The Honorable Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
ANDREW SHANER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action- Law
No. 08-2969 CIVIL TERM
ERINNYE,
Defendant
IN DIVORCE and CUSTODY
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May
9, 2008.
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. §
4904, relating to unsworn falsification to authoriti
Date: 6 -o? 9 D 7
Andrew Shiner, Plaintiff
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ANDREW SHANER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action- Law
: No. 08-2969 CIVIL TERM
ERIN NYE,
Defendant
: IN DIVORCE and CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST 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 I do not claim them before a divorce 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. §
4904, relating to unworn falsification to authorities.
Date: Y` ) c y, -?>
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ANDREW SHANER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action- Law
No. 08-2969 CIVIL TERM
ERINNYE,
Defendant
IN DIVORCE and CUSTODY
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May
9, 2008.
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. §
4904, relating to unworn falsification to authorities.
Date: q oc-1 LR
Erin Nye,Defend
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ANDREW SHANER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action- Law
: No. 08-2969 CIVIL TERM
ERINNYE,
Defendant
: IN DIVORCE and CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST 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 I do not claim them before a divorce 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. §
4904, relating to unsworn falsification to authorities.
Date: 0(1 Cq
Erin Nye, De t
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ANDREW SHANER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action- Law
ERINNYE,
No. 2008-2969
Defendant
IN DIVORCE and CUSTODY
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce and Custody.
Date Defendant oL- h zed Agent
Dockside Willy's
449 S. Front Street
Wormleysburg, PA 17043
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PROOF OF SERVICE
AFFIDAVIT
I personally served Erin Nye on Wednesday, June 18, 2008, at 12:58 pm at
Dockside Willies at 449 S. Front Street, Wormleysburg, Pennsylvania. I confirmed her
name, handed her the complaint, and had her sign the Acceptance of Service at the
hostess station while she was working at Dockside Willies.
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ANDREW SHAKER,
Plaintiff
V.
ERIN NYE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action- Law
No. 08-2969 CIVIL TERM
: IN DIVORCE and CUSTODY
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for
entry of a divorce decree:
1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Filed May 9, 2008, was
Defendant
personally served on the Defendant on June 18, 2008 and Defendant signed an
Acceptance of Service dated June 18, 2008 (attached hereto as proof of
service- Exhibit A).
3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the
Divorce Code: by the Plaintiff on September 29, 2008; by the Defendant on
September 29, 2008. The Affidavits were filed on September 29, 2008 for
both parties.
4. Related claims pending: None.
5. (b) Date Plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the
Prothonotary: September 29, 2008.
Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the
Prothonotary: September 29, 2008.
Respectfully submitted,
l0 -dY-OV L, A
Date.
Michael I Whare, squire
37 East Pomfret Street
Carlisle, Pa 17013
(717) 243-3561
Supreme Court ID # 89028
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
tlN4jKEW WfRNYCK
PLA=NTZEE
VERSUS
E 9:m:N AYE
No. O$ - a h9 C=VTL TERM
DECREE IN
DIVORCE
AND NOW, 1V Qjtq?? 7 IT IS ORDERED AND
DECREED THAT ANN EW SA Ne , PLAINTIFF,
AND 14:7p-rAl 6V & DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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;
PROTHONOTARY
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F1(.ED-01
OF THE PROTHONOTARY
Sandra L. Meilton, Esquire
Daley Zucker Meilton Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeiltonna dzmmglaw.com
2010 JAN -6 PM 1: 40
t EJ%!NSYLV N iA
ANDREW SHANER,
Plaintiff
IN THE COURT OF COMMON PLESA
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2008 -- 2969 Civil Term
ERIN NYE, CIVIL ACTION - LAW
Defendant IN CUSTODY
Prior Judge: Edgar B. Bayley, J.
PETITION FOR EMERGENCY RELIEF
AND NOW comes, Plaintiff, Andrew Shaner, by his counsel, Sandra L. Meilton, and
Daley Zucker Meilton Miner & Gingrich, and petitions this Honorable Court as follows:
1. The plaintiff is Andrew Shaner, residing at 1394 Letchworth Road, Camp Hill,
Cumberland County, PA 17011.
2. The defendant is Erin Nye, who resides at 333 Spruce Street, Steelton, PA 17113.
3. An Order was entered by the Honorable Edgar B. Bayley dated September 29,
2008 (hereinafter referred to as the "Order"), granting, inter alia, the parties shared legal and
shared physical custody of their minor son, Brennan Shaner, born April 9, 2006.
4. Simultaneously with the filing of this Petition for Emergency Relief, a Petition for
Modification was also filed.
5. Defendant does not have counsel of record and, therefore, concurrence with the
filing of this Petition was not sought.
6. The Order was never followed in detail by the parties.
7. Plaintiff has always had primary physical custody of Brennan and Defendant had
sporadic contact with Brennan up until October of 2008. From October, 2008 through October,
fke-# .2 35,9 31
2009, Mother had no contact with the child, nor did she make any attempts to have contact with
the child.
8. Brennan was 2 '/2 years old when he last saw Defendant. He will be four years
old on April 9, 2010.
9. Recently, Defendant has been in touch with Plaintiff and indicated that she would
like to have custody of Brennan under the Order.
10. Plaintiff is agreeable to re-establishing a relationship between Brennan and
Defendant; however, since Brennan has not seen his mother for over a year, i.e. almost half of
his lifetime, Plaintiff wants to assure that the relationship is re-established in a way that is in
Brennan's best interests.
11. Plaintiff has been in touch with Melinda Eash. MS, of Riegler and Shienvold and
Plaintiff met with her this morning to get advice on how best to handle the re-introduction so that
it goes smoothly.
12. Plaintiff is not opposed to Defendant having contact with Brennan. However,
inasmuch as Defendant has not had any contact with Brennan for almost half of his lifetime,
Plaintiff does not feel that immediately starting to follow the shared physical arrangement set
forth in the Order is appropriate.
13. Plaintiff is willing to work with Defendant with the assistance of the offices of
Riegler and Shienvold to re-introduce Defendant into Brennan's life in a way that would be in
Brennan's best interests.
WHEREFORE, Plaintiff requests the Court to enter an Order holding that the existing
shared legal and shared physical Order entered by this Honorable Court on September 29, 2008
in abeyance until the parties have an opportunity to have a custody conciliation conference and
make an appropriate plan to re-establish the relationship between Brennan and his mother. In the
alternative, Plaintiff requests this Honorable Court to schedule a hearing to address the
appropriateness of Plaintiffs request to stay the current Order.
. J'?4a
Sandra L. Meilton, Es uire, No. 32551
Daley Zucker Meilton Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
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.
[_&~to
Andrew haner, Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this ( day of 2010, I, Gloria M. Rine,
Paralegal for Sandra L. Meilton, Esquire, hereby certifies that I have this day served a copy of
the within document, by mailing the same by first class mail, postage prepaid, addressed as
follows:
Ms. Erin Nye
333 Spruce Street
Steelton, PA 17113
Gloria M. Rine, Paralegal
't?tE??NARY
Sandra L. Meilton, Esquire
Daley Zucker Meilton Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeilton@,dzmmglaw.com
vtJAN-6 ?" J.. 41
ANDREW SHANER, IN THE COURT OF COMMON PLESA
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
No. 2008 -- 2969 Civil Term
ERIN NYE, CIVIL ACTION - LAW
Defendant IN CUSTODY
Prior Judge: Edgar B. Bayley, J.
PETITION FOR MODIFICATION
AND NOW comes, Plaintiff, Andrew Shaner, by his counsel, Sandra L. Meilton, and
Daley Zucker Meilton Miner & Gingrich, and petitions this Honorable Court as follows:
1. The plaintiff is Andrew Shaner, residing at 1394 Letchworth Road, Camp Hill,
Cumberland County, PA 17011.
2. The defendant is Erin Nye, who resides at 333 Spruce Street, Steelton, PA 17113.
3. An Order was entered by the Honorable Edgar B. Bayley dated September 29,
2008 granting, inter alia, the parties shared legal and shared physical custody of their minor son,
Brennan Shaner, born April 9, 2006.
4. Defendant does not have counsel of record and, therefore, concurrence with the
filing of this Petition was not sought.
5. The Order was never followed in detail by the parties.
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6. Plaintiff has always had primary physical custody of Brennan and Defendant had
sporadic contact with Brennan up until October of 2008. From October, 2008 through October,
2009, Mother had no contact with the child, nor did she make any attempts to have contact with
the child.
7. Brennan was 2 '/2 years old when he last saw Defendant. He will be four years
old on April 9, 2010.
8. Recently, Defendant has been in touch with Plaintiff and indicated that she would
like to have custody of Brennan under the Order.
9. Plaintiff is agreeable to re-establishing a relationship between Brennan and
Defendant; however, since Brennan has not seen his mother for over a year, i.e. almost half of
his lifetime, Plaintiff wants to assure that the relationship is re-established in a way that is in
Brennan's best interests.
10. Plaintiff does not believe that it is in Brennan's best interest to immediately
resume a shared custodial arrangement.
11. Plaintiff has been in touch with Melinda Eash. MS, of Riegler and Shienvold and
Plaintiff met with her this morning to get advice on how best to handle the re-introduction so that
it goes smoothly.
12. Plaintiff is not opposed to Defendant having contact with Brennan. However,
inasmuch as Defendant has not had any contact with Brennan for almost half of his lifetime,
Plaintiff does not feel that immediately starting to follow the shared physical arrangement set
forth in the Order is appropriate.
13. Plaintiff is willing to work with Defendant with the assistance of the offices of
Riegler and Shienvold to re-introduce Defendant into Brennan's life in a way that would be in
Brennan's best interests.
WHEREFORE, Plaintiff requests the Court to schedule a custody conciliation conference
to resolve the current custodial issues.
2
Sandra L. Meilton, Esgi e, No. 32551
Daley Zucker Meilton Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
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.
Shaner, Plaintiff
I--?'(C)
CERTIFICATE OF SERVICE
AND NOW, this day of UGC Y??f?f2 _, 2010, I, Gloria M. Rine,
Paralegal to Sandra L. Meilton, Esquire, hereby certifies that I have this day served a copy of the
within document, by mailing the same by first class mail, postage prepaid, addressed as follows:
Ms. Erin Nye
333 Spruce Street
Steelton, PA 17113
Gloria M. Rine, Paralegal
ANDREW SHANER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2008-2969 CIVIL ACTION LAW
ERIN NYE
IN CUSTODY
DI,T1`NDANT
ORDER OF COURT
AND NOW, Thursday, January 07, 2010 _, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 11, 2010 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
ii'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 hearinx.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Es g. 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-')166
FILED-OF s=ir.'-
O THE FF^7P(*'NO?APY
2010 JAN -8 PH Z: 38
CUB'
r N'i'!3- j fli1 i
• /?' LPG rr
All
ANDREW SHANER, IN THE COURT OF COMMON PLESAAN n 2010
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
ERIN NYE No. 2008 -- 2969 Civil Term
, CIVIL ACTION - LAW
Defendant
Prior Judge: Edgar B
Bayle
J IN CUSTODY C-)
c;- o
.
y,
. -
Fit
? Jf w? ?J i. J
ORDER OF COURT ' ?- -v
M
AND NOW, this
day of ? o 2
__ 2010, upon consid erdifbn o
the attached Petition for Emergency Relief, it is hereby ORDERED AND DECREED that the
Order entered on September 29, 2008 shall be held in abeyance until a custody conciliation
conference is conducted and outstanding issues are resolved by further Order of Court;
Or, in the alternative,
A hearinVshall be hel n , 20 0, at
a.m./p.m. in ,ourt Room o. Floo erla d
County urt House, = arlisle, P 17013.
DISTRIBUTION:
Sandra L. Meilton, Esquire, 1029 Scenery Drive, Harrisburg, PA
Ms. Erin Nye, 333 Spruce Street, Steelton, PA 17113, Defendant
17109, Attorneys for Plaintiff
BY THE COURT,
r_.w,..?,.„?-r????ti ??
deL, J(P4f, I,
Sandra L. Meilton, Esquire
Daley Zucker Meilton Miner & Gingrich, LLC
1029 Scenery Drive, Harrisburg, PA 17109
(717) 657-4795
smeilton(a-,)dzmmglaw.com
HEED)--DWICE
OF THE c^; 7 ONOTARY
2010 FEB 12 PH 2, , 2
ANDREW SHANER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
No. 2008 -- 2969 Civil Term
ERIN NYE, CIVIL ACTION - LAW
Defendant IN CUSTODY
Prior Judge: Edgar B. Bayley, J.
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN )
V- b
AND NOW, this 9 - day of February, 2010, personally appeared before me, a
Notary Public in and for the aforesaid Commonwealth and County, Andrew Shaner, who being
duly sworn according to law, deposes and says that on February 4, 2010, at 11:05 a.m. in front of
Stocks on Second Street Restaurant, at 211 N. Second Street, Harrisburg, Pennsylvania, he
personally served Defendant, Erin Nye, with the following documents:
1. Time stamped copy of Petition for Emergency Relief.
2. Copy of January 7, 2010 Order entered by the Honorable Kevin A. Hess in
connection with said Petition for Emergency Relief.
3. Time stamped copy of Petition for Modification.
4. Time stamped copy of Order setting custody
Modification.
Sworn to and subscribed
before me this '?, ?4 day
of Fe , 2010.
?tll., r
Notary Public
(SEAL) co1uA4UNwEAIrHOF YLVANIA
NOTARIAL, L
Gloria M Rine, Notm:Z Public
Lower Paxton Townsbip, Dw*n County
commission a ins Novener 15, 2011
Andrew
regarding Petition for
FEB 2 6 2010
r
ANDREW SHANER IN THE COURT OF COMMON PLEAS OF
,
Plaintiff CUMBERLAND COUNTY, PENNS-8VAIA On
<
?
'
vs. m n
CIVIL ACTION - LAW:*? x?
.
i
? N
ERIN NYE, NO. 2008-2969'
Defendant IN CUSTODY 'z
.n
COURT ORDER
AND NOW, this / r day of '~Ga , 2010 upon consideration
of the attached Custody Conciliation Report, the following TEMPORARY Order is entered:
1. The father, Andrew Shaner, shall enjoy legal and physical custody of the minor child,
Brennan Shaner, born April 9, 2006.
2. The mother, Erin Nye, is directed to either herself or through legal counsel to contact
Attorney Sandra Meilton who is counsel for the father. The intent of said contact is
to facilitate discussions between the parties with respect to modification of this order
and providing mother with meaningful contact with the minor child.
After the mother or her attorney has spoken with Attorney Meilton and made efforts
to try and resolve the issues in this case and in the event the parties are unable to
resolve those issues, either the mother, through her counsel or her own or Attorney
Meilton may contact the custody conciliator to request the rescheduling of another
custody conciliation conference.
cc: S dra Meilton, Esquire
GMs. Erin Nye _
I ?S irt? cl?l,
v
BY THE COURT,
ANDREW SHANER,
Plaintiff
VS.
ERIN NYE,
Defendant
Prior Judge: The Honorable Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2008-2969
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE 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:
Brennan Shanner, born April 9, 2006
2. A Conciliation Conference was held on February 24, 2010, with the following
individuals in attendance:
Andrew Shaner, appeared with his counsel, Sandra Meilton, Esquire.
3. The history on this case is that there was a conciliation scheduled previously and
none of the parties could attend because of weather issues. The conciliator then sent
a letter to all parties on February 11, 2010, rescheduling the conciliation for February
24, 2010. The father attended with counsel. The mother, who is unrepresented,
emailed the conciliator the morning of the 24`h indicating that she was "out of town
the past few weeks" and had not gotten notice of the new date except via email.
Attorney Meilton advised the conciliator that her office emailed the Defendant
mother on February 16, but the mother said in her February 24 email that she just
received Attorney Meilton's email on February 24.
4. Further history of this case is that there was a prior order from 2006 which gave
shared legal custody with a week on/week off basis. However, as set forth in the
petition and as represented by the father at the conciliation conference, the mother
went for approximately one year without having any significant contact with the
child. The mother then reappeared and suggested she wanted to enforce the order.
The father then filed a Petition for Special Relief and Judge Hess entered an Order
dated January 7, 2010, that put the prior Order "in abeyance until the custody
conciliation conference". The mother has not been seeing the child.
The father is quite willing to arrange circumstances for the mother to have custody
with the child. However, because of the mother's long period of time with not
having significant contact with the child, the father is unwilling to simply deliver the
child to the mother for an extended period of time. Based upon the circumstances
and assuming the representations made by the father and the father's counsel are
correct, the conciliator concurs with the father's position.
6. The conciliator recommends an Order in the form as attached.
,?? S--- I"Y V?I
Date: February
, 2010
Hubert X. GilroK Esquire
Custody Conc' ator