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HomeMy WebLinkAbout08-4311V John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com KYLE F. CLAUSEN, Plaintiff V. SARAH N. SHANK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW NO. OP-q3il IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 11 A& AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mcis adelante en las siguientes p6ginas, debe tomar accion dentro de los proximos veinte (20) dfas despues de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aquf en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ,A4 John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ipurcell@pkh.com KYLE F. CLAUSEN, Plaintiff V. SARAH N. SHANK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 6?-Y31I C IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Kyle F. Clausen, by his attorneys, Purcell, Krug & Haller and files the following Complaint for Custody. 1. The Plaintiff is Kyle F. Clausen, residing at 280 Idle Road, Marysville, Cumberland County, Pennsylvania 17053. 2. The Defendant is Sarah N. Shank, residing at 48 East Main Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff seeks custody of the following child: Name Present Residence Age Hannah E. Clausen 48 East Main Street, Apt. 4 5 + Months Mechanicsburg, PA 17055 Hannah E. Clausen, date of birth January 14, 2008 is presently in the custody of the Defendant, Sarah N. Shank who resides at at 48 East Main Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania. Since birth, the child has resided with the following persons and at the following address: Child Name Address Date Hannah E. Clausen Kyle F. Clausen & 48 E. Main St, Apt. 4 1/14/08- Sarah N. Shank Mechanicsburg, PA 17055 6/19/08 Sarah N. Shank Same as Above 6/19-08- Present The mother of the child is the Defendant who presently is residing at, 48 East Main Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania 17055. The father of the child is the Plaintiff who presently is residing at 280 Idle Road, Marysville, Cumberland County, Pennsylvania 17053. 4. The relationship of Plaintiff to Hannah E. Clausen is that of natural Father. The Plaintiff currently resides with the following persons: his parents. 5. The relationship of Defendant to Hannah E. Clausen is that of natural Mother. The Defendant currently resides with the following persons: unknown. z 6. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or another Court. The Plaintiff has no information of a custody action concerning the children pending in a Court of this Commonwealth. The Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested. The Plaintiff is more capable of providing for the needs of the child. WHEREFORE, the Plaintiff requests the Court to grant him custody of Hannah E. Clausen. Respectfully submitted, PURCELL, KRUG & HALLER By:_,!?? / DATE: -7 It -7 10 S Purcell, Jr., Esquire V#55 rth Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff 3 VERIFICATION I, Kyle F. Clausen, hereby verify that the facts contained in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. *KYLF. C N 3 --Q 71 iz? -? w (? LO `< KYLE F. CLAUSEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SARAH N. SHANK DEF EN DANT 2008-4311 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 23, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, August 21, 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, 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 Vff fre. 6Z I1c1 cz i ?`BOU a , s 1 John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com KYLE F. CLAUSEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SARAH N. SHANK, Defendant : CIVIL ACTION-LAW NO. 08-4311 IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN I, John M. Purcell, Jr., Esquire, Attorney for the Plaintiff, Kyle F. Claussen, in the above action, hereby swear and affirm that on the 21 st day of July, 2008, 1 sent, by certified mail, return receipt requested, restricted delivery, a Complaint in Custody to the Defendant, Sara N. Shank. The Return Receipt Card signed by the Defendant on July 25, 2008, is attached hereto as Exhibit "A". Sworn and subscribed to before me this Q day of 2008. -Notary Publi JgtFin W. P)drcell, Jr. Attomey for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notadal Seed Khbedy S. DeFaloo, Notary Pubk City Of Harrisburg, Dauphin Cady My commission E)Ores Jan. 17, 2009 Member, Pennsylvania Association of Notaries .- -- ---t ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Sarah N_.,Shank 48 East Main Street, Apt. 4 Mechanicsburg, PA 17055 A. Agent ? Add. by ( erne) C. Date of D*my D. Is delivery ad If YES, enter J4"Lsro m W 3. Service Type 63 Certffled Mali MITI ? Registered J[ Return Receipt for Meiotwtdae ? Insured Mail ? C.O.D. 4. Reebt-ted Dellvery pft Fee) j? lhs 2 7005 3110 0004 3212 9820 (riar?s1l?r Aorn srrvlce label) _ PS Form 3811, February 2004 Domestic Return Receipt 1025e5oa #A-t5ao EXHIBIT "A" l r? AUG 2 6 20108 KYLE F. CLAUSEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-4311 CIVIL ACTION LAW SARAH N. SHANK Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 day of 2008, upon consideration of the attached Custody Conciliation Report, it ordered and directed as follows: 1. Pending the custody conciliation conference scheduled in this Order, the Father, Kyle F. Clausen, and the Mother, Sarah N. Shank, shall share having physical custody of Hannah E. Clausen, born January 14, 2008, in accordance with the following schedule: A. The Father shall have custody of the Child every weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m., beginning August 22, 2008. In addition, beginning Tuesday, August 26, 2008 the Father shall have custody of the Child every week from Tuesday at 6:00 p.m. through Wednesday morning, when the Mother shall pick up the Child at the Father's residence. In the event the Father is leaving his residence for work at a time other than 6:00 a.m. on a Wednesday morning, the Father shall notify the Mother the evening before so that the Mother can adjust her pick-up time for the Child accordingly. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. 2. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 3. The Father shall ensure that the Child is not left alone in the care of the paternal grandmother during the Father's periods of custody due to a medical issue. 4. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Thursday, September 11, 2008 at 9:00 a.m. BY THE J. cc: ?John W. Purcell, Jr., Esquire - Counsel for Father ,1Cirace D'Alo, Esquire - Counsel for Mother J a-* c CA - t N } E LL- C? =. N CV KYLE F. CLAUSEN Plaintiff vs. SARAH N. SHANK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4311 CIVIL ACTION LAW IN CUSTODY 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 Hannah E. Clausen DATE OF BIRTH January 14, 2008 2. A custody conciliation conference was held on August 21, 2008, with the following individuals in attendance: the Father, Kyle F. Clausen, with his counsel, John W. Purcell, Jr., Esquire, and the Mother, Sarah N. Shank, with her counsel, Grace D'Alo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator SFP 12 KYLE F. CLAUSEN Plaintiff VS. SARAH N. SHANK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4311 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 26, 2008 is vacated and replaced with this Order. 2. The Mother, Sarah N. Shank, and the Father, Kyle F. Clausen, shall have shared legal custody of Hannah E. Clausen, born January 14, 2008. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall share having physical custody of the Child in accordance with the following schedule: A. During every week, the Mother shall have custody of the Child from Monday at 9:00 a.m. until Tuesday at 4:00 p.m., the Father shall have custody from Tuesday at 4:00 p.m. through Wednesday at 7:00 a.m. and the Mother shall have custody from Wednesday at 7:00 a.m. through Friday at 4:00 p.m. B. During alternating weekends, the Father shall have custody of the Child from Friday at 4:00 p.m. through Monday at 9:00 a.m. During the interim alternating weekends, the Father shall have custody of the Child from Friday at 4:00 p.m. through Saturday at 9:30 a.m., the Mother shall have custody from Saturday at 9:30 a.m. through Sunday at 6:00 p.m., and the Father shall have custody from Sunday at 6:00 p.m. through Monday at 9:00 a.m. C. The schedule shall begin with the Mother having custody of the Child on the weekend of September 13 through 14, 2008. 4. Unless otherwise agreed between the parties, the Father shall provide all transportation for exchanges of custody on Wednesdays, Saturdays and Sundays and the Mother shall provide transportation for exchanges of custody on Mondays, Tuesdays, Thursdays and Fridays. 5. The parties acknowledge that the foregoing regular schedule reflects their goal of maximizing both parties' time with the Child during non-working hours. The parties shall cooperate with each other in adjusting the custody schedule as necessary to accommodate any future changes to either party's work schedule. 6. The parties shall share having custody of the Child as equally as possible on holidays as arranged by agreement. The Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day each year. 7. Each party shall be entitled to have reasonable periods of vacation custody with the Child upon providing at least thirty (30) days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. The parent exercising periods of custody under this provision shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted during vacation. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at 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. cc: ? John W. Purcell, Jr., Esquire - Counsel for Father ?Grace D'Alo, Esquire - Counsel for Mother g?i c,?o8 CD CL- LLJ ? V KYLE F. CLAUSEN Plaintiff VS. SARAH N. SHANK Defendant Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4311 CIVIL ACTION LAW IN CUSTODY 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hannah E. Clausen January 14, 2008 Mother/Father 2. A custody conciliation conference was held on September 11, 2008, with the following individuals in attendance: the Father, Kyle F. Clausen, with his counsel, John W. Purcell, Jr., Esquire, and the Mother, Sarah N. Shank, with her counsel, Grace D'Alo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Kyle Clausen, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2008-4311 CIVIL ACTION-LAW Sarah Shank, Defendant : IN CUSTODY WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Defendant, Sarah Shank, at the above captioned docket. s ectfully submitted by, rr), /A??CQ ae D'Alo, Esq. id enn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Dated: PLEASE enter my appearance as attorney of record on behalf of the Defendant, Sarah Shank, at the above captioned docket. Respectfully submitted by: 4 it Torodash ertified Legal Intern] ROBERT RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 c? .-; cr) y ' (TS ? Y Kyle Clausen, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008 - 4311 Sarah M. Shank, CIVIL ACTION -LAW Defendant In Custody CERTIFICATE OF SERVICE I, Gail Torodash, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Withdrawal and Entry of Appearance on John W. Purcell, Jr., Esq., at, 1719 North Front Street. Harrisburg, PA, 17102-2392 by United States mail, first class, postage prepaid. -af-r ail Torodash Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 - rl 0 f ?' i KYLE F. CLAUSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY SARAH N. SHANK, Defendant/Petitioner : NO. 08-4311 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Sarah N. Shank (hereinafter "Mother"), by her attorneys, the Family Law Clinic, respectfully represents that on September 15, 2008, an Order of Court was entered for custody of Hannah E. Clausen (hereinafter "Child"), born January 14, 2008, a true and correct copy of which is attached. Under the existing Order, Father and Mother have shared legal and shared physical custody of Child. Mother is to have physical custody of Child every week, Monday at 9:00 a.m. until Tuesday at 4:00 p.m., Wednesday at 7:00 a.m. through Friday at 4:00 p.m., and on alternating weekends, Saturday at 9:30 a.m. through Sunday at 6:00 p.m. 2. This Order should be modified because: a. Since the time the current Order was entered, Mother has moved to a new residence, located at 6541 Roxbury Road, Shippensburg PA 17257, which is located an hour and a half away from Father's residence. b. The schedule in the existing Order was created to work around Mother's work schedule at that time. Mother will no longer be working, and will be taking classes from home. C. The frequent exchanges reflected in the current Order create a burden on both parties in transporting and exchanging Child. d. It would be more beneficial to both parties and Child to have a more stable schedule of alternating weekly periods of physical custody. Mother is filing a Petition for Civil Contempt for Disobedience of Custody `Order and a Petition for Special Relief Seeking Emergency Custody contemporaneously with this Petition to Modify Custody Order. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody because it will be in the best interest of Child. Dated o %stal 6acln?4 Certified Legal Intern G THO M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Datey-a Sd& N. Sh ` , efendan&'oner SFP 1 9 '.01980 KYLE F. CLAUSEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-4311 CIVIL ACTION LAW SARAH N. SHANK Defendant IN CUSTODY ORDER OF COURT l AND NOW, this day of Qia.. , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 26, 2008 is vacated and replaced with this Order. 2. The Mother, Sarah N. Shank, and the Father, Kyle F. Clausen, shall have shared legal custody of Hannah E. Clausen, born January 14, 2008. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither parry shall attempt to alienate the affections of the Child from the other parry. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall share having physical custody of the Child in accordance with the following schedule: A. During every week, the Mother shall have custody of the Child from Monday at 9:00 a.m. until Tuesday at 4:00 p.m., the Father shall have custody from Tuesday at 4:00 p.m. through Wednesday at 7:00 a.m. and the Mother shall have custody from Wednesday at 7:00 a.m. through Friday at 4:00 p.m. B. During alternating weekends, the Father shall have custody of the Child from Friday at 4:00 p.m. through Monday at 9:00 a.m. During the interim alternating weekends, the Father shall have custody of the Child from Friday at 4:00 p.m. through Saturday at 9:30 a.m., the Mother shall have custody from Saturday at 9:30 a.m. through Sunday at 6:00 p.m., and the Father shall have custody from Sunday at 6:00 p.m. through Monday at 9:00 a.m. o, A C. The schedule shall begin with the Mother having custody of the Child on the weekend of September 13 through 14, 2008. 4. Unless otherwise agreed between the parties, the Father shall provide all transportation for exchanges of custody on Wednesdays, Saturdays and Sundays and the Mother shall provide transportation for exchanges of custody on Mondays, Tuesdays, Thursdays and Fridays. 5. The parties acknowledge that the foregoing regular schedule reflects their goal of maximizing both parties' time with the Child during non-working hours. The parties shall cooperate with each other in adjusting the custody schedule as necessary to accommodate any future changes to either party's work schedule. 6. The parties shall share having custody of the Child as equally as possible on holidays as arranged by agreement. The Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day each year. 7. Each party shall be entitled to have reasonable periods of vacation custody with the Child upon providing at least thirty (30) days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. The parent exercising periods of custody under this provision shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted during vacation. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at 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. cc: ? John W. Purcell, Jr., Esquire - Counsel for Father ?Grace D'Alo, Esquire - Counsel for Mother I711OCS rn? t l?r.L? KYLE F. CLAUSEN Plaintiff VS. SARAH N. SHANK Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 20084311 CIVIL ACTION LAW IN CUSTODY 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 CUSTODY OF Hannah E. Clausen January 14, 2008 Mother/Father 2. A custody conciliation conference was held on September 11, 2008, with the following individuals in attendance: the Father, Kyle F. Clausen, with his counsel, John W. Purcell, Jr., Esquire, and the Mother, Sarah N. Shank, with her counsel, Grace D'Alo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator cr'? O r to ,,aj W ?? 3 C'n CERTIFICATE OF SERVICE I, Krystal MacIntyre , Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 2111 day o , 2009: John W. Purcell, Esq. 1719 North Front Street Harrisburg, PA 17102 VWqM*ace Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 (_?? {-?? I ?, r + ^t? 1. t7?`J ?'.. ? ? ?a! ? Cs . rs s i :.. - ? .. KYLE F. CLAUSEN, Plaintiff/ Respondent V. SARAH N. SHANK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CONTEMPT NO. 08-4311 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER The Petitioner, Sarah M. Shank, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find Plaintiff/Respondent, Kyle F. Clausen, in contempt of the September 15, 2008 Court Order. In support of her Petition, Petitioner states as follows: 1. On September 15, 2008, The Honorable J. Edgar B. Bayley entered an Order awarding Kyle Clausen (hereinafter "Father"), and Sarah Shank (hereinafter "Mother") shared legal and shared physical custody of the minor child, Hannah E. Clausen (hereinafter "Child"). A copy of the Order is attached to this Petition as Exhibit "A". 2. Under the September 15, 2008 Order, Mother was to exercise periods of shared physical custody of Child as follows: a. Every week, Monday at 9:00 a.m. until Tuesday at 4:00 p.m., and Wednesday at 7:00 a.m. through Friday at 4:00 p.m.. b. On alternating weekends, Saturday at 9:30 a.m. through Sunday at 6:00 p.m. 3. Father has willfully failed to abide by the September 15, 2008 Order in that: a. Father has refused to return Child to Mother for her period of physical custody beginning Wednesday, May 27, 2009. b. Father continues to refuse to allow Mother to exercise her periods of physical custody. C. Father's attorney, John Purcell, Esq., has told the Family Law Clinic that he will not advise his client to return Child to Mother. 4. Mother is filing a Petition to Modify Custody Order and a Petition for Special Relief Seeking Emergency Custody contemporaneously with this Petition for Civil Contempt. WHEREFORE, Petitioner requests that: a. Father be held in contempt of the Court's Order of Custody; b. Father be ordered to comply with the September 15, 2008 Order; C. Mother be awarded additional custody time to compensate for the wrongful deprivation of custodial time; d. Father be assessed a $500 penalty for contempt of the Court's Custody Order pursuant to 23 Pa.C.S. § 4346; e. Mother be awarded such other relief as the Court deems appropriate. Date: ??espectfully submitted, Kr tal acIntyre Certified Legal Intern Megan smeyer Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made sub'ect to the pen ties of 18 Pa.C.S. § 4904 relating to unsworn falsification to a h ities. Date: arah k efendant/Petitioner SFP 1 KYLE F. CLAUSEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 20084311 CIVIL ACTION LAW SARAH N. SHANK Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 26, 2008 is vacated and replaced with this Order. 2. The Mother, Sarah N. Shank, and the Father, Kyle F. Clausen, shall have shared legal custody of Hannah E. Clausen, born January 14, 2008. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the. emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall share having physical custody of the Child in accordance with the following schedule: A. During every week, the Mother shall have custody of the Child from Monday at 9:00 a.m. until Tuesday at 4:00 p.m., the Father shall have custody from Tuesday at 4:00 p.m. through Wednesday at 7:00 a.m. and the Mother shall have custody from Wednesday at 7:00 a.m. through Friday at 4:00 p.m. B. During alternating weekends, the Father shall have custody of the Child from Friday at 4:00 p.m. through Monday at 9:00 a.m. During the interim alternating weekends, the Father shall have custody of the Child from Friday at 4:00 p.m. through Saturday at 9:30 a.m., the Mother shall have custody from Saturday at 9:30 a.m. through Sunday at 6:00 p.m., and the Father shall have custody from Sunday at 6:00 p.m. through Monday at 9:00 a.m. wibit A---- C. The schedule shall begin with the Mother having custody of the Child on the weekend of September 13 through 14, 2008. 4. Unless otherwise agreed between the parties, the Father shall provide all transportation for exchanges of custody on Wednesdays, Saturdays and Sundays and the Mother shall provide transportation for exchanges of custody on Mondays, Tuesdays, Thursdays and Fridays. 5. The parties acknowledge that the foregoing regular schedule reflects their goal of maximizing both parties' time with the Child during non-working hours. The parties shall cooperate with each other in adjusting the custody schedule as necessary to accommodate any future changes to either party's work schedule. b. The parties shall share having custody of the Child as equally as possible on holidays as arranged by agreement. The Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day each year. 7. Each party shall be entitled to have reasonable periods of vacation custody with the Child upon providing at least thirty (30) days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. The parent exercising periods of custody under this provision shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted during vacation. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at 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. cc: ? John W. Purcell, Jr., Esquire - Counsel for Father ?Grace D'Alo, Esquire - Counsel for Mother I?T Oas emu L LL V/ /os KYLE F. CLAUSEN Plaintiff VS. SARAH N. SHANK Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 20084311 CIVIL ACTION LAW IN CUSTODY 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 CUSTODY OF Hannah E. Clausen January 14, 2008 Mother/Father 2. A custody conciliation conference was held on September 11, 2008, with the following individuals in attendance: the Father, Kyle F. Clausen, with his counsel, John W. Purcell, Jr., Esquire, and the Mother, Sarah N. Shank, with her counsel, Grace D'Alo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. L Ltt? Date Dawn S. Sunday, Esquire Custody Conciliator ce) a d N CERTIFICATE OF SERVICE I, Krystal MacIntyre, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition for Civil Contempt for Disobedience of Custody Order on the following person by first class U.S. Mail, postage prepaid, this ?-Rd day of rtk , 2009: John W. Purcell, Esq. 1719 North Front Street Harrisburg, PA 17102 Kry al acI re Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?..,-- ,:_. ?? r e- .{ a nee( '? 1 ?'?, ? .. N< c (°' KYLE F. CLAUSEN, Plaintiff/ Respondent V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY SARAH N. SHANK, Defendant/ Petitioner No. 08-4311 CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this day of , 2009, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Sarah N. Shank, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor child, Hannah E. Clausen, born January 14, 2008. In support of her Petition for Emergency Relief, Petitioner avers the following: 1. Petitioner is Sarah Shank, an adult individual who resides at 6541 Roxbury Road, Shippensburg, Franklin County Pennsylvania 17257. 2. Respondent is Kyle F.Clausen, an adult individual who resides at 280 Idle Road, Marysville, Cumberland County, Pennsylvania 17053. 3. Petitioner is the biological mother (hereinafter "Mother") of the sixteen-month old minor child, Hannah E. Clausen, (hereinafter "Child"), born January 14, 2008. 4. Respondent is the biological father (hereinafter "Father") of Child. 5. Child was born out of wedlock. 6. The parties have shared legal and physical custody of Child pursuant to a Custody Order dated September 15, 2008. The Order is attached hereto as "Exhibit A." 7. Child is presently in the custody of Father because Father refused to return Child to Mother for her custody period beginning Wednesday, May 27, 2009. 8. Father continues to refuse to return Child. 9. Mother believes that Father's refusal to return Child is the result of an incident that took place on Sunday, May 24, 2009 when Child was at Mother's residence. 10. Father called the Chambersburg department of the Pennsylvania State Police and Children and Youth Services as a result of the May 24, 2009 incident, but neither the Pennsylvania State Police nor Children and Youth Services filed a report on the incident. 11. Trooper Hunter of the Pennsylvania State Police who responded to the incident on May 24, 2009 advised the Family Law Clinic that the incident was of such a minor nature that there was no need to file a report. 12. Father's attorney, John Purcell, Esq., acknowledged during a telephone conversation with Krystal MacIntyre of the Family Law Clinic on May 27, 2009 that Father refused to comply with the Custody Order of September 15, 2008, and stated that he would not advise his client to comply with the September 15, 2008 Custody Order. 13. A letter was mailed and faxed to Father's attorney, John Purcell, Esq. on May 27, 2009 requesting that he advise Father to comply with the custody order, as Child faces no threat of danger at Mother's home. 14. Mother is filing a Petition to Modify Custody Order and a Petition for Civil Contempt for Disobedience of Custody Order contemporaneously with this Petition for Special Relief. 15. Mother believes and therefore avers that it is in the best interests of the minor Child that Child be returned to Mother immediately as per the September 15, 2008 Court Order, pending further Order of Court. WHEREFORE, the petitioner, Sarah N. Shank respectfully requests that this Honorable Court restore the status quo by entering an Order directing that Father return Child to Mother as per the September 15, 2008 Order of Court and that the Cumberland County Sheriff's office shall offer any necessary assistance to effectuate the return of Child to Mother. ?? (' ate Respectfully submitted, LA&O"&? sKr/stal Mac yre Certified Legal Intern . "/ x ?w ROBER E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dat*e: a z I , ?Ua? S F P KYLE F. CLAUSEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 20084311 CIVIL ACTION LAW SARAH N. SHANK Defendant IN CUSTODY ORDER OF COURT AND NOW, this l'1 day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 26, 2008 is vacated and replaced with this Order. 2. The Mother, Sarah N. Shank, and the Father, Kyle F. Clausen, shall have shared legal custody of Hannah E. Clausen, born January 14, 2008. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither parry shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall share having physical custody of the Child in accordance with the following schedule: A. During every week, the Mother shall have custody of the Child from Monday at 9:00 a.m. until Tuesday at 4:00 p.m., the Father shall have custody from Tuesday at 4:00 p.m. through Wednesday at 7:00 a.m. and the Mother shall have custody from Wednesday at 7:00 a.m. through Friday at 4:00 p.m. B. During alternating weekends, the Father shall have custody of the Child from Friday at 4:00 p.m. through Monday at 9:00 a.m. During the interim alternating weekends, the Father shall have custody of the Child from Friday at 4:00 p.m. through Saturday at 9:30 a.m., the Mother shall have custody from Saturday at 9:30 a.m. through Sunday at 6:00 p.m., and the Father shall have custody from Sunday at 6:00 p.m. through Monday at 9:00 a.m. 2. ad-ok C. The schedule shall begin with the Mother having custody of the Child on the weekend of September 13 through 14, 2008. 4. Unless otherwise agreed between the parties, the Father shall provide all transportation for exchanges of custody on Wednesdays, Saturdays and Sundays and the Mother shall provide transportation for exchanges of custody on Mondays, Tuesdays, Thursdays and Fridays. 5. The parties acknowledge that the foregoing regular schedule reflects their goal of maximizing both parties' time with the Child during non-working hours. The parties shall cooperate with each other in adjusting the custody schedule as necessary to accommodate any future changes to either party's work schedule. 6. The parties shall share having custody of the Child as equally as possible on holidays as arranged by agreement. The Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day each year. 7. Each parry shall be entitled to have reasonable periods of vacation custody with the Child upon providing at least thirty (30) days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. The parent exercising periods of custody under this provision shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted during vacation. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at 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. cc: ? John W. Purcell, Jr., Esquire - Counsel for Father ?Grace D'Alo, Esquire - Counsel for Mother g/i? f o8 KYLE F. CLAUSEN Plaintiff VS. SARAH N. SHANK Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 20084311 CIVIL ACTION LAW IN CUSTODY 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 CUSTODY OF Hannah E. Clausen January 14, 2008 Mother/Father 2. A custody conciliation conference was held on September 11, 2008, with the following individuals in attendance: the Father, Kyle F. Clausen, with his counsel, John W. Purcell, Jr., Esquire, and the Mother, Sarah N. Shank, with her counsel, Grace D'Alo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator a ?? ; ? _ a.. ? '-'=? ?? e? N CERTIFICATE OF SERVICE I, Krystal MacIntyre, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition for Special Relief Seeking Emergency Custody on the following person by first class U.S. Mail, postage prepaid, this _2y] day of 2009: John W. Purcell, Esq. 1719 North Front Street Harrisburg, PA 17102 IWAA ?1. stal acIn re Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 F I-LEI;- .F "JIARY T KYLE F. CLAUSEN, Plaintiff/ Respondent V. SARAH N. SHANK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW IN CUSTODY : NO. 08-4311 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Sarah N. Shank, Defendant/Petitioner, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. sp ctfully submitted, Date (DI ? s ' Ma tyre Certified Legal Intern &4j &_ ??? ROBER E. RAINS 61 THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 - ~? ;rte v KYLE F. CLAUSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SARAH N. SHANK, Defendant NO. 08-4311 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA. R.C.P. 1915.13 ORDER OF COURT AND NOW, this 4`h day of June, 2009, upon consideration of the above petition, a hearing is scheduled for Monday, June 15, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, i J. esley Oler, J. r John W. Purcell, Esq. 1719 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff Krystal MacIntyre Certified Legal Intern Megan Riesmeyer, Esq. Supervising Attorney Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013-2899 Attorneys for Defendant ?b LS tv. :rc bI 'AIAS' d 9 NV S- Nflr 6OR iuQAI *a Jo I KYLE F. CLAUSEN PLAINTIFF V. SARAH N. SHANK DEFENDANT AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4311 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT Monday, June 08, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at-.-,-- 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, July 07, 2009 at 12:00 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/ Dawn S. Sunda 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 OF THE 20 9 JUN _8 Pit r 8d?' t??_" a A7,?- 7/7/4 9 ?7 Noou r,?/ John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com KYLE F. CLAUSEN, Plaintiff/Respondent V. SARAH N. SHANK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 08-4311 IN CUSTODY RESPONSE TO PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA. R.C.P. 1915.13 AND NOW, comes Kyle F. Clausen, Plaintiff/Respondent in the above-captioned action, who responds to Defendant's Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part, and denied in part. The child is presently in the custody of the Father for the reasons set forth in the New Matter below: 8. Admitted in part, and denied in part. It is admitted that Father refuses to allow the child to return to her Mother's home. It is denied that Father refuses to allow Mother to have access to the child. 9. Admitted. Mother's belief is correct. However, this incident is not the only reason as is set forth in the New Matter below. 10. Denied as stated. Father's mother, Paula H. Clausen, is the individual who called the various police departments as a result of the May 24, 2009, incident. She did so at the insistence of the Defendant, who informed her that she was being physically abused by her live-in boyfriend, and that the child should be picked up at her home rather than the usual meeting point midway between their residences in order to get her out of that environment. 11. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of said averment, and strict proof thereof is demanded at trial. 12. Denied as stated. Father's attorney, John Purcell, Jr., Esquire, related the information set forth in this response to Krystal Maclntyre of the Family Law Clinic and indicated that it was not wise to allow the child to return to that environment under the circumstances, and that his client would keep the child until the matter was brought before the Court for review. Counsel also told Krystal Maclntyre that Mother would be able to visit with her daughter at any time she requested, pending Court review, provided the child was not returned to that environment. 13. Denied. The letter speaks for itself. 14. Admitted. The Petition to Modify Custody and the Petition for Civil Contempt has been filed. John Purcell, Jr., counsel for Father, advised Krystal 2 Maclntryre that he was going to file a Petition for Modification himself, but welcomed one filed by the Respondent, given his then current workload. 15. Denied. For reasons set forth in the New Matter below, it is not in the best interest of the minor child to be returned to Mother immediately. NEW MATTER 16. All factual averments contained in paragraph 1-15 above are hereby incorporated by reference as if fully set forth herein. 17. On Sunday, May 24, 2009, while the child was in the custody of Mother, Mother called Father's home clearly upset and crying. 18. Father was not home at that point in time, so she told Father's mother, Paula H. Clausen, that she had to come to Shippensburg immediately to pick up the child. 19. In the course of the conversation, in which she was whispering, she told Paula Clausen to "call the police". She repeated that after giving the address saying "Did you hear me? Call the police. I'm being hit." 20. As requested, Paula Clausen dialed 911, and eventually was put in contact with the State Police in Chambersburg. 21. She relayed the information to the State Police, gave them her cell phone number, and proceeded to drive to Shippensburg in order to pick up the child, with her husband, Jens Clausen, III. 22. In Shippensburg Paula received a call from Sarah asking her to meet her at a nearby Sunoco station, and the transfer of the child was made. 3 23. Upon receiving the child, it was clear that the child had been neglected and, thereafter, over the next 24 hours, the child acted in a manner unusual for her temperament, indicating that she had experienced something which she could not verbalize. 24. Specifically, immediately upon returning to Father's residence, she threw up, with projectile vomiting, and that night she awoke screaming and was inconsolable for at least half an hour for unclear reasons. 25. In addition to the above, Father concurrently learned from a mutual acquaintance of the parties that sometime in the past, Mother had left Hannah sleeping in her crib in her apartment, without any supervision, while Mother was away from the home. This apparently occurred on a number of occasions in the past, but was never disclosed to Father until recently. 26. Given this information and the abuse going on in the Mother's home, Father thought it was wise not to return the child to that environment until the matter is reviewed by a Custody Conciliator, and ultimately by the Court. 27. A Custody Conciliation has been scheduled before Dawn Sunday for July 7, 2009. 28. Pending the Custody Conciliation, Father is willing to allow Mother to have supervised visitation with the child, but not overnight and not in her home, as long as she is continuing to reside with the man who abused her, John Knaub. WHEREFORE, Plaintiff requests this Honorable Court to dismiss Defendant's Petition for Special Relief and to allow the matter to proceed in accordance with Pennsylvania Rules of Civil Procedure and Cumberland County Local Rule. Plaintiff 4 further requests the Court to confirm temporary custody with Father, subject to supervised visitation rights with Mother, pending further Order of Court. PURCELL, KRUG & HALLER By: John VJ-RWmM1; r-,, Etquire "Z19- brth Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Defendant c? DATE: L ~ v ?? VERIFICATION I verify that the statements made in the foregoing Response. to Petition for Special Relief Seeking Emergency Custody 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: cd q I G? CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to John W. Purcell, Jr., hereby certify that a true and correct copy of the foregoing document was served upon the Defend ant/Petitioner, by sending a copy of the same via first class U.S. Mail to: Krystal Maclntyre, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Kimberly S. De Ic , Legal Assistant to L John W. Purcell, Jr., Esquire PURCELL, KRUG & HALLER I.D. No. 29955 DATE: CA ?A0 ` 2009 JU°N I I Fy'; _ - li, S? ?5 ? KYLE F. CLAUSEN, Plaintiff/Respondent V. SARAH N. SHANK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-4311 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of June, 2009, upon consideration of Defendant's Petition for Special Relief Seeking Emergency Custody Pursuant to Pa. R.C.P. 1915.13, and following a hearing held on this date, the petition is granted to the extent that the parties are directed to return immediately to full compliance with the custody order of Court dated September 15, 2008, entered by the Honorable Edgar B. Bayley of this Court. The Order is amended to reflect that neither Defendant nor her boyfriend, John Knaub, shall inflict corporal punishment upon the parties' child, Hannah E. Clausen (date of birth January 14, 2008), and that neither party shall leave the child alone outside the immediate presence of an adult at any time. It is noted that a custody conciliation conference is pending in this case. ? John W. Purcell, Jr., Esquire 1719 N. Front Street Harrisburg, PA 17102-2392 Fqr the Plaintiff/Respondent ?/Krystal MacIntyre, Esquire Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 For the Defendant/Petitioner pcb es rvL:lt By the Court, FILED--,i.' _iCr OF THE PP!"T,"",`0TAPY 2904 JWR 18 FIl I : L. 5 ?JSw, XL ? 0 2009(1 KYLE F. CLAUSEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-4311 CIVIL ACTION LAW SARAH N. SHANK : Defendant IN CUSTODY ORDER OF COURT AND NOW, this -I o 1-?- day of .) , 2009, upon consideration of the attached Custody Conciliation Report, it is or eyed and directed as follows: 1. The prior Orders of this Court dated September 15, 2008 and June 15, 2009 shall continue in effect as modified by this Order. 2. The parties shall submit themselves, their minor Child and any other individuals deemed necessary to a custody evaluation to be performed by a professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Mother's counsel will determine if there is any funding available through the Family Law Clinic for up to 50% of the Mother's share of the costs of the evaluation. Any costs for which funding is not available shall be paid initially by the Father to enable the evaluation process to begin promptly. However, the Father reserves the right to request that the Court reallocate the costs of the evaluation in subsequent proceedings. 3. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall have physical custody of the Child on the following bi-weekly schedule: A. During Week I, beginning Friday, July 10, 2009, the Father shall have custody of the Child from Friday at 8:30 a.m. through Monday at 8:30 a.m. and the Mother shall have custody from Monday at 8:30 a.m. through the following Friday at 8:30 a.m. B. During Week II, the Father shall have custody of the Child from Friday at 8:30 a.m. through Tuesday at 8:30 a.m., and the Mother shall have custody from Tuesday at 8:30 a.m. through Friday at 8:30 a.m. C. The parties shall exchange custody of the Child at the Plainfield location designated as the exchange point by agreement between the parties. 4. Each party shall promptly notify the other of any medical or other type of healthcare appointments or evaluations scheduled for the Child. 5. Each parent shall provide to the other in advance the names and contact information for any third parties who will be providing care for the Child to enable the non-custodial parent to meet or speak with the proposed childcare provider in advance. 6. The Mother's claim for makeup periods of custody in her Petition for Contempt is reserved and may be addressed in subsequent proceedings. 7. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 8. This Order is entered pursuant to an agreement of the parties at 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. cc ? W. Purcell, Esquire - Counsel for Father / Krystal MacIntyre and Megan Riesmeyer, Esquire - Counsel for Mother COpt,£S rv, ,.a LCL 7/i 21of BY THE COURT, KYLE F. CLAUSEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. SARAH N. SHANK Defendant Prior Judge: J. Wesley Oler, Jr. 2008-4311 CIVIL ACTION LAW IN CUSTODY 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 CUSTODY OF Hannah E. Clausen January 14, 2008 Mother/Father 2. This Court previously entered an Order in this matter dated September 15, 2008 under which the parties were exchanging custody on a daily basis. The September 15, 2008 Order was reinstated by the Court by its Order dated June 15, 2009 following a hearing on the Mother's Petition for Special Relief seeking emergency custody. The present conciliation conference was held on the Mother's Petition for Contempt and Petition to Modify. 3. The custody conciliation conference was held on July 7, 2009, with the following individuals in attendance: the Father, Kyle F. Clausen, with his counsel, John W. Purcell, Esquire, and the Mother, Sarah N. Shank, with her counsel, Krystal MacIntyre and Megan Riesmeyer, Esquire. 4. The parties agreed to entry of an Order in the form as attached. `? aoo Date Dawn S. Sunday, Esquire Custody Conciliator 11 i?"P OF THE 2CC3 J "JIL 13 f i; : 09 Kyle F. Clausen, Plaintiff V. Sarah N. Shank, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY : NO. 2008-4311 c? r 0 d PRAECIPE TO WITHDRAWAL TO THE PROTHONOTARY: c: a= Please withdraw the Family Law Clinic as attorney of record for the Defendant, Sarah N, Shank, at the above captioned docket. Respectfully submitte by, Christopher A. Walker Certified Legal Intern MEG RIESMEYER FAM Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 110 N) CA I'FS' -CS L KYLE F. CLAUSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY SARAH N. SHANK, Defendant. : NO. 2008-4311 DISCHARGE I, Sarah N. Shank discharge the Family Law Clinic from representing me as my attorney in this case. Date: LZ __,/ -/ / - / r-) APR P ; , APR 19 2010 KYLE F. CLAUSEN VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 2008-4311 CIVIL ACTION LAW SARAH N. SHANK : Defendant IN CUSTODY t_ a ORDER OF COURT AND NOW, this _ day of V- t 2110, on consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The prior Order of this Court dated July 10, 2009 shall continue in effect pending further Order of Court or agreement of the parties. The parties shall resume the custody schedule set forth in the prior Order beginning in Week II with the Mother having custody immediately following the custody conciliation conference. 2. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement between the parties and counsel. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall participate in a minimum of five joint sessions and shall thereafter follow the recommendations of the counselor with regard to the duration and frequency of the counseling. All costs of the counseling shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within 10 days of the date of this Order to schedule the initial sessions. 3. Following the counseling required by this Order, counsel for either party may contact the conciliator if necessary, to schedule an additional custody conciliation conference or a hearing. 4. Unless otherwise agreed between the parties, the custody exchanges shall take place at the McDonald's on North Front. Street in Harrisburg. 5. This Order is entered pursuant to an agreement of the parties at 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 CJQURT, J. eJr. cc: ? W. Purcell, Jr. Esquire - Counsel for Father Diane M. Dils, Esquire_- Counsel for Mother Go , les t6c J. If KYLE F. CLAUSEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. SARAH N. SHANK Defendant 2008-4311 CIVIL ACTION LAW IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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 CUSTODY OF Hannah E. Clausen January 14, 2008 Father/Mother 2. A custody conciliation conference was held on April 7, 2010, with the following individuals in attendance: the Father, Kyle Clausen, with his counsel, John W. Purcell, Jr., Esquire, and the Mother, Sarah N. Shank, with her counsel, Diane M. Dils, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire -ea Custody Conciliator KYLE F. CLAUSEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-4311 CIVIL ACTION LAW SARAH N. SHANK Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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. After the custody conciliation conference in this matter on April 7, 2010, the Father's counsel requested, pursuant to paragraph 3 of the Apri121, 2010 Order resulting from that conference (attached hereto) that a hearing date be reserved so that the custody determination could be made before school begins. The Court. has reserved August 30, 2010 at 1:30 p.m. as the date for this hearing. Now that the counseling has taken its course since the conciliation conference and the Father's counsel requests that the hearing date be formalized, the conciliator recommends an Order in the form as attached scheduling a hearing on the Father's outstanding request for primary physical custody of the Child. 2. The Father's position on custody is as follows: The Father believes that it would be in the Child's best interests for him to have primary physical custody. The Father proposes that the Mother have partial custody on alternating weekends with an overnight in the interim week and additional daytime periods. The Father does not believe that the Mother's area of residence (Steelton) is a good place for raising the Child and argues that he provides appropriate discipline and more stability. The Father relies, in part, on the custody evaluation recently conducted by Pauline Wallin, PhD. The Father indicated that he is concerned about the Child's safety and well-being while she is with the Mother. 3. The Mother's position on custody is as follows: The Mother believes that the parties should continue following the shared custody schedule as set forth in the July 10, 2009 Court Order. The Mother does not believe that she has done anything wrong to merit a change in the custody schedule. The Mother acknowledged that she has had some problems with alcohol in the past but believes she is fit and able to have shared custody of the Child. KYLE F. CLAUSEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-4311 CIVIL ACTION LAW SARAH N. SHANK Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ u ~ ~ ~.~/ , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Court Room No. 1 of the Cumberland County Court House on August 30, 2010 at 1:30 p.m. at which time testimony will be taken. For purposes of the hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list 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 seven days prior to the hearing date. BY THE COURT: . Wesley O , Jr. cc: Diane M. Dils, Esquire -Counsel for Mother 'John Purcell, Jr., -Counsel for Father r.,~ ~~ ~ r y _; , ~'4pr PS pct,. ~lP~ ~f/ D!/D ~" ,~. -` ~'_~ .~ v ,~_ ~ o ~- --- -, W ~ - .~= ,, . . KYLE F. CLAUSEN vs. SARAH N. SHANK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2008-4311 CIVIL ACTION LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 10, 2009 shall continue in effect pending further Order of Court or agreement of the parties. The parties shall resume the custody schedule set forth in the prior Order beginning in Week II with the Mother having custody immediately following the custody conciliation conference. 2. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement between the parties and counsel. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-pazent their Child. The parties shall participate in a minimum of five joint sessions and shall thereafter follow the recommendations of the counselor with regazd to the duration and frequency of the counseling. All costs of the counseling shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within 10 days of the date of this Order to schedule the initial sessions. 3. Following the counseling required by this Order, counsel for either party may contact the conciliator if necessary, to schedule an additional custody conciliation conference or a hearing. 4. Unless otherwise agreed between the parties, the custody exchanges shall take place at the McDonald's on North Front Street in Harrisburg. 5. This Order is entered pursuant to an agreement of the parties at 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, ~ O ~ `~ iV,uJ U J. Wesley Oler, Jr. J. cc: John W. Purcell, Jr. Esquire -Counsel for Father Diane M. Dils, Esquire -Counsel for Mother 4. The conciliator recommends an Order in the form as attached scheduling the hearing for this matter for the date previously reserved by the Court pending the parties' efforts to resolve the custodial issues through co-parenting counseling. ~-o i y Date Dawn S. Sunday, Esquir Custody Conciliator KYLE F. CLAUSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~. CIVIL ACTION -LAW SARAH N. SHANK, Defendant N0.08-4311CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this ls` day of September, 2010, a further period of hearing in this matter is scheduled for Monday, December 20, 2010, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. John Purcell, Jr., Esq. 1719 N. Front Street Harrisburg, PA 17102 Attorney for Plaintiff Diane M. Dils, Esq. 1400 N. Second Street Harrisburg, PA 17102 Attorney for Defendant :rc ~i~s r~~~sd, 4 / ~ro ~"~'1 J. c ~, ~~ --° t acs ~ ~ BY THE COURT, KYL$ CLAUSEN, IN THE COURT OF COMMON PLEAS OF -- Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA V CIVIL ACTION - :CLAW C `...A i NO. 2008-45-? CIVIL TERM SARAH M. SHANK, Lt -31 Defendant IN CUSTODY .- ( =n D gi IN RE: RECORD TO REMAIN OPEN C: } ?-c ORDER OF COURT AND NOW, this 30th day of August, 2010, upon consideration of Defendant's Petition for Civil Contempt for Disobedience of Custody Order, and Defendant's Petition for Special Relief Seeking Emergency Custody Pursuant to PA. R.C.P. 1915.13, and following a hearing which has not yet been completed, the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling an additional day of hearing. It is noted that at the time of adjournment on today's proceeding Plaintiff had presented testimony of Custody Evaluator Pauline Wallin, Ph.D., and was in the process of subjecting the Plaintiff to Direct Examination.. In addition, Plaintiff had introduced and secured admission of three exhibits: Plaintiff's Exhibit 1, Plaintiff's Exhibit 2, and Plaintiff's Exhibit 3. No other exhibits had been identified or admitted. Counsel for both parties have requested that the court stenographer transcribe and file the notes of testimony from today's proceeding. By the Court, ohn W. Purcell, Jr., Esquire 1719 North Front Street Harrisburg, PA 17102 For Plaintiff Diane E. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 mae ryxCI3&C ? fi7/!v \- 1 KYLE F. CLAUSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SARAH N. SHANK, Defendant NO. 08-4311 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 16'h day of December, upon consideration of the Stipulation for Custody filed in this matter, the hearing previously scheduled for December 20, 2010, is cancelled. BY THE COURT, J esley OlerP.J. ?John Purcell, Jr., Esq. 1719 N. Front Street Harrisburg, PA 17102 Attorney for Plaintiff ?Diane M. Dils, Esq. 1400 N. Second Street Harrisburg, PA 17102 Attorney for Defendant :rc -- r Q C" -o Z ca -rj - C ) ' --? ? tom John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com KYLE F. CLAUSEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-4311 SARAH N. SHANK, : CIVIL ACTION-LAW Defendant : IN CUSTODY STIPULATION FOR CUSTODY The parties hereto and their respective counsel hereby stipulate and agree to the terms contained in the attached proposed Order of Court resolving all custody claims in the above-captioned action. WITNESSES: John W.,F'urcell, Jr., Esquire M. Dils, Esquire Kyle . Clausen IRI 4, r h N. Sha DATE: KYLE F. CLAUSEN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4311 rnca X? C_? N. SHANK, CIVIL ACTION.-LAW Cn ` Defendant IN CUSTODY a°= p D ORDER OF COURT K 7P AND NOW, this Its day of GL . , 2010, the parties, having reached an agreement concerning the custody of their minor child, Hannah E. Clausen (hereinafter "Child"), born January 14, 2008, said agreement being acceptable to both parties, the terms of which are set forth below: NOW, THEREFORE, it is hereby ORDERED and DECREED as follows: 1. All prior orders of Court are hereby vacated and replaced with this Order. 2. Both parties shall share legal custody of Child. Major decisions concerning the child, including, but not necessarily limited to, her health, welfare, education, religious training and upbringing, shall be made jointly by the parties after discussion and consultation with a view towards obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the child. Neither party shall attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody, as set forth below. With regard to any emergency decisions which must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete disclosure of any and all information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S.A. § 5309. 3. The parties shall share physical custody of Child in accordance with the following schedule: A. During week one, Father shall have custody of Child from Friday at 3:00 p.m. through Monday at 3:00 p.m. Mother shall have custody from Monday at 3:00 p.m. through the following Friday at 3:00 p.m. B. During week two, Father shall have custody of Child from Friday at 3:00 p.m. through Tuesday at 3:00 p.m. Mother shall have custody from Tuesday at 3:00 p.m. through Friday at 3:00 p.m. C. The parties shall alternate the following holidays: Easter Sunday, Memorial Day, July 4th, Labor Day and Thanksgiving. Holidays shall supersede the regular visitation schedule. D. Christmas shall be divided into two (2) segments, A and B. Segment A shall consist of the period from December 24th at Noon through December 25th at Noon. Segment B shall consist of the period from December 25th at Noon to December 26th at Noon. The parties shall alternate segments from year to year. 2 E. Each party shall have at least two (2) consecutive or non- consecutive uninterrupted weeks in the summer months (at the option of the parties), for the purpose of vacation. This arrangement is contingent upon the continuing agreement of the parties that Child, once she has reached school age, shall attend school in the Susquenita School District in which Father resides. It is contemplated by both parties, and expressly agreed to by Mother, that she will eventually move into, or much closer to, the Susquenita School District in order to facilitate transfers of Child during periods of custody. 4. Once Mother has moved into or closer to the school district of Child, the parties shall share transportation with the party who is receiving custody of Child providing transportation. Pending the same, the parties will continue to meet at a mutually agreed upon location roughly midpoint between their respective residences for pickup and delivery of the child. That location is presently the McDonalds on Front Street in Harrisburg, Pennsylvania. 5. During any period of custody or visitation in which the party is the primary caretaker, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 6. Neither party will smoke cigarettes or tobacco products indoors or in a car in the presence of the child, nor shall they allow others to smoke in the presence of the child during periods of custody. 3 7. Each party shall be entitled to reasonable telephone or email contact with Child when she is in the custody of the other party, once she has reached the age where telephone and email contact is appropriate. The parties shall provide to one another an emergency contact telephone number, email address or contact person. 8. With the exception of the relocation referenced in paragraph 3 herein, neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth herein, or if the relocation will be to a location in excess of 50 miles from the other party's then current address, without: A. Such party's first giving prior written notice to the other party not less than 60 days prior to the planned relocation; and B. Either written consent of the other party to such relocation or further Order of Court. In the event of any intended relocation, either party may seek modification of the terms of this Custody Order by filing a Petition to Modify Custody with the Court. 9. The parties shall refrain from making derogatory comments about the other party in the presence of the child, and, to the extent possible, shall prevent third parties from making such comments in the presence of Child, or otherwise harass or interfere with the party's custodial periods. 10. It is understood and stipulated to by the parties that upon mutual agreement, an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interest of Child. Both parties recognize and understand, however, that unless there is a mutual agreement expanding or altering the schedule, the terms of shall be strictly followed. 11. The parties agree that in the event of any disagreement concerning the parenting of Child, or other issues that may arise between them involving Child, the parties shall first attempt to resolve such problems by therapeutic of family counseling and/or mediation before resorting to the courts. 12. Should either party have the child stay overnight at a place other than their primary residence, the other party shall be given the address and telephone number where Child is spending the night. 13. The parties shall organize ways for Child to maintain her friendships, extra-curricular activities, family gatherings and other special interests, regardless of which household they may be in. It is also suggested that toys, clothing, etc. not become matters of contention. 14. The parties shall refrain from encouraging the child to provide reports about the other party. Communication should always take place directly between the parties, without using Child as an intermediary. 15. It is the intention of the parties that Child be protected from individuals with poor character (including, but not limited to, individuals involved in illegal activities, immoral or intemperate behavior, or violent propensities). The parties shall, to the extent possible, avoid contact with such individuals of poor character. Violation of the provisions set forth in this paragraph may be considered as contempt of court. 16. The parties shall permit and support Child's access to family relationships and events (weddings, funerals, reunions, graduations, etc.). Events will be accommodated by both parties with routine periods of custody resuming immediately thereafter. Each party shall have the option of proposing time and date variations to the 5 other party when special recreational options or other unexpected opportunities arise, keeping in mind that day-by-day substitutions may not be permissible, and that eventually the other party may be requesting the same accommodation in the future. 17. Should either party's medical and/or mental health condition become acute to the point that it does or could jeopardize Child's safety, he or she shall notify the other party immediately. DISTRIBUTION: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102-2392 iane M. Dils, Esquire Dils & Dils 1400 N. Second Street Harrisburg, PA 17102 C60 t ES /'yQt u 1.71)1(0/ 10 6 BY THE COURT: KYLE F. CLAUSEN vs. SARAH N. SHANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4311 IN CUSTODY ORDER CIVIL ACTION LAW w' C=) r '%l AND NOW, this 13th day of February, 2013, the conciliator, having been advised by Plaintiff's counsel that the matter has been transferred to the Perry County Court of Common Pleas, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for February 20, 2013 at 10:00 a.m. is canceled. FOR THE COURT, Plaintiff Defendant Dawn S. Sunday, Esquire Custody Conciliator