Loading...
HomeMy WebLinkAbout08-5784HEATHER M. SHIPE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. D8 - 5 78q 0,1v! L ("k ERIC SHIPE, eus-ro?y Defendant. CIVIL ACTION - LAW IN f)t'V@ReE NOTICE TO DEFEND 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 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 of 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administration 4t' Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com HEATHER M. SHIPE, V. ERIC SHIPE, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 8 -7 ?a CIVIL ACTION COMPLAINT FOR CUSTODY Plaintiff, Heather M. Shipe, by and through her attorney Jaime D. Wassmer, Esquire, and the law firm of Robinson & Geraldo, respectfully requests the following: 1. Plaintiff is Heather M. Shipe, an adult individual and the natural Mother who currently resides at 724 North Front Street, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. Defendant is Eric Shipe, an adult individual and the natural Father residing at 225 Iroquois Trail, York Haven, York County, Pennsylvania 17370. 3. Plaintiff seeks primary physical custody of Aubrey Shipe, born September 19, 2003, who currently resides at 724 North Front Street, Wormleysburg, Cumberland County, Pennsylvania 17043, with Plaintiff. The child was born out of wedlock. 4. The child is presently in the custody of Plaintiff. 5. During the past five years, the child has resided with the following persons at the following addresses: Name Address Both parties 950 Orchard Ave., Lot 13, Camp Hill, PA Both parties 225 Iroquois Trail, York Haven, PA Mother 724 North Front St., Wormleysburg, PA Dates 9/2003 to 2004 2004-9/2008 9/2008 to present 6. 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. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. The best interest and permanent welfare of the child will be served by awarding shared legal and physical custody to Plaintiff who has been the child's primary caretaker since the child's birth. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant Custody to Plaintiff. Respectfully submitted, ROBINSON & GERALDO By: J e D. Wassmer, Esquire Attorney for Plaintiff VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Heather A Shipe CERTIFICATE OF SERVICE I, Jaime Wassmer, do hereby certify that on the day of , 2008, I caused a true and correct copy of the Custody Complaint to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Eric Shipe 225 Iroquois Trail York Haven, PA 17370 Respectfully submitted, ROBINSON & GERALDO By: dU- J e Wassmer, Esq. N VI / a fn O ? ? r t ? r? v' v1 i _. ? ? 10 HEATHER M. SHIPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC SHIPE DEFENDANT 2008-5784 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 08, 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, October 30, 2008 at 1:30 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. Ir, 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 -%.ri . 4 _...?F7 ^ i? . t '! ' „? Vii;,' •-? WW 4c 6tZ, ?, t.)c sr AtN im ply' Cent, copy m Clocked in Copy mo?,? 16 s. ° illA64 A, Est Clocwct -h "p4 rnowt! -b &IC, &i pe talo91o8 f HEATHER M. SHIPE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. ERIC SHIPE, NO. 2008-5784 CIVIL ACTION - LAW IN DIVORCE Defendant. CUSTODY STIPULATION c, tk THIS AGREEMENT, made this day of 0 c4p?(„ , 2008, by and between Heather Shipe, hereinafter referred to as "Mother," and Eric Shipe, hereinafter referred to as "Father." WITNESSETH WHEREAS, Heather Shipe and Eric Shipe are the natural parents of Aubrey Shipe, born September 19, 2003; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of the subject minor child. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. 1 Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to 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 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. 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 given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. Mother shall have primary physical custody of the subject minor child. 3. Father shall have periods of partial custody on an alternating weekly basis from Friday evenings at 6:30 p.m. until Sunday evening at 5:30 p.m. 4. The parties will alternate the following holidays beginning in 2009: • New Year's Day • Easter • Memorial Day • July 4 h • Labor Day The custodial period shall run from 7:00 p.m. the night preceding the holiday and extend 2 until 7:00 p.m. the day of the holiday. On odd numbered years, Mother shall have the children for New Year's Day, Memorial Day, and Labor Day, and Father shall have Easter and July &h. On even numbered years, Mother shall have Easter and July 4t' and Father shall have custody of the children on New Year's Day, Memorial Day, and Labor Day. Thanksgiving and Christmas will be divided into two segments. These segments will alternate with the other holidays. Segment A for Thanksgiving shall begin Wednesday evening at 6:00 p.m. and extend until the Friday after Thanksgiving at 10:00 a.m. Segment B for Thanksgiving shall begin at 10:00 a.m. the Friday after Thanksgiving and extend until Sunday at 6:00 p.m. Segment A for Christmas is from December 24`h at 10:00 a.m. until December 25`h at 2:00 p.m. and Segment B is from December 25th at 2:00p.m. until December 26 h at 2:00p.m. In odd numbered years, Father shall have Segment A for Thanksgiving and Segment A for Christmas and Mother shall have Segment B for Thanksgiving and Segment B for Christmas. For even numbered years, Mother shall have the children for Segment A for Thanksgiving and Segment A for Christmas and Father shall have Segment B for Thanksgiving and Segment B for Christmas. Father shall have custody on Father's Day and Mother shall have custody on Mother's Day and the custodial period shall run from 7:00 p.m. the night preceding the holiday and extend until 7:00 p.m. the day of the holiday. The holiday schedule shall take precedence over the regular custody schedule. 5. Beginning in 2009, the parties agree that Father shall have three nonconsecutive weeks out of the child's summer vacation. Summer commences on the Monday immediately following 3 the last day of the school and extends until the Monday immediately preceding the first day of school. Father shall provide Mother with at least ten (10) days notice as to when he wishes to exercise one of his summer visitation weeks, taking into consideration any extracurricular activities the child may be involved in. 6. Unless otherwise agreed by the parties, the party whose custodial period is about to commence shall provide transportation. 7. All 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 the child whether "sleeping" or awake. 8. During any period of custody or visitation, the parties to this Stipulation shall not possess or use any controlled substance; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 9. Each party shall be entitled to reasonable telephone or e-mail contact with the child when he is in the custody of the other party. The parties shall provide to one another emergency contact telephone numbers. 10. Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set for forth in the Order, or if the relocation will be to a 4 location in excess of fifty (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 sixty (60) days prior to the planned relocation, and (b) either a written consent of the other party to such relocation or further Order of this 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 Prothonotary. 11. It is understood and stipulated that by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such altered or expanded agreement would be in the best interest of the child. 12. The parties agree to supply the other with his or her complete contact information, including but not limited to residential address, cell phone numbers, home telephone numbers, and employers' telephone numbers. Should any of the aforementioned information change, each party has five (5) days from the date of the change to notify the other party. Each party shall make every reasonable effort to ensure they can reach and be reached by the other party concerning issues relevant to the minor child. 13. Should either party have the child spend overnight at a place other than their primary residence, the other party will be given the address and telephone number where the child is spending the night. 14. The parties shall organize ways for their child to maintain their friendships, extracurricular activities and other special interests, regardless of which household they may be in. 15. The parties agree to refrain from encouraging the child to provide reports about the other party. Communication should always take place directly between the parties, without using the child as an intermediary. 16. The parties agree that the child should be protected from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior or violent propensities). The parties shall, to the extent possible, avoid contact with such individuals of poor character. 17. The parties shall permit and support the child's access to family relationships and events (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 or date variations to the other party when special recreational options or other unexpected opportunities arise. 6 IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first above written. i Wit ss VV W ess L?' -e ? Heather Shipe r ? Eric Shipe a '; r_,i +'f . __„? 6 ?t,? ? .? i '..3 ??1 .. •s i Nov 0 ,3 Z008G? HEATHER M. SHIPE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-5784 CIVIL ACTION LAW ERIC SHIPE Defendant IN CUSTODY ORDER AND NOW, this 27H day of October, 2008 , the conciliator, being advised by Plaintiff s counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for Thursday, October 30, 2008 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator C') rv r= r''} ? Lq i i ?E 1Y (? `C-n o + K t ? HEATHER M. SNIPE, Plaintiff, V. ERIC SHIPE, Defendant. NOV 0 7 2008 67 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5784 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this day of 2008, it is hereby ORDERED and DECREED that the attached Custody Stipulation is entered as an Order of this Court. BY THE C Distribution: Jaime D. Wassmer, Esquire, 4407 North Front Street, Harrisburg, PA 17110, Attorney for Plaintiff 1-> 0r Eric Shipe, 225 Iroquois Trail, York Have, PA 17370, Pro Se c? r4 co t1, N v Alphonso Arnold, Jr., Esquire No. 29704 17 North Second Street, 16' Floor Harrisburg, PA 17101 717.260.3060 717.260.3072 Attorney for Petitioner IN THE COURT OF COMMON PLEAS Heather M. Shipe ) CUMBERLAND COUNTY a/k/a Heather M. Tom ) µ ^, v ) NO. 2008 - 5784 Eric Shipe ) CIVIL ACTION - LAW CUSTODY , - PETITION FOR CONTEMPT OF CUSTODY STIPULATION DATED OCTOBER 28, 2008 1. Petitioner is Eric Shipe, who resides at 6002 Willow Spring Road, Apartment C, Harrisburg, Pennsylvania 17111. 2. Respondent is Heather M. Shipe, a/k/a Heather M. Tom, who resides at 90 Springers Lane, Lot # 13, New Cumberland, Pennsylvania 17070. 3. On October 28, 2008, a Custody Stipulation providing for the joint legal custody of Aubrey Shipe, Minor (female), Date of Birth September 19, 2003, was entered. The Custody Stipulation was entered pursuant to a Civil Action for Divorce and incorporated in the terms of the divorce. The Custody Stipulation is docketed at No. 2008-5784 (Cumberland County). A true and correct copy of that Custody Stipulation is a?oaslf attached as Exhibit "A." 4. Since the entry of said Custody Stipulation, and finalization of the divorce, on or about June 2, 2011, Petitioner avers that the Respondent has intentionally and willfully failed to obey said Order as follows: A. Respondent has taken Minor from the jurisdiction of Pennsylvania to the state of Texas without the knowledge, or consent of Petitioner who is the Natural Father. Petitioner has been advised by family members of Respondent, that Minor has been left in the state of Texas, presumably, for the entire summer, and in the care of various relatives; B. According to the express terms of the 2008 Custody Stipulation, "... Father shall have three nonconsecutive weeks out of the child's summer vacation." (Stipulation Para. No. 5, pg. 3). Respondent's action in removing Minor to the state of Texas will violate Petitioner's rights under the 2008 Custody Stipulation; C. Para. No. 10 of the 2008 Custody Stipulation provides that "Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in the Order, or if the relocation will be to a location in excess of fifty (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 sixty (60) days prior to the planned relocation, and (b) either a written consent of the other party to such relocation or further Order of this Court ...." Petitioner has not been advised of the removal of his daughter and Minor from the jurisdiction of Pennsylvania and has not given his consent to her presence there. Respondent has advised friends and relatives, and Petitioner believes, and, therefore, avers, that it is Respondent's intent to relocate herself and Minor to the 2 state of Texas in direct contravention of the 2008 Custody Stipulation and Petitioner's legal custody rights based thereon. WHEREFORE, Petitioner prays this Court, after hearing or such other process as necessary, adjudge the Respondent in contempt of Court and the 2008 Custody Stipulation. Petitioner further prays that this Honorable Court enter an Order directing Respondent to return Minor to the Commonwealth of Pennsylvania within ten (10) days of the entry of said Order or be held for civil contempt. Date: June 17, 2011 By: Alphonso Arnold, Jr. 29704 For Petitioner Verification I, hereby verify that the foregoing facts set forth in this Petition are true and correct to the best of my knowledge, information and belief. I understand that statements made are subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. r Date: June 14, 2011 By: Eirc Shipe NO. 2008 - 5784 EXHIBIT A HEATHER M. SHIPE, Plaintiff, V. ERIC SHIPE, Defendant. IN THE COURT OF COMMON PLC CUMBERLAND COUNTY, PENNS' ,LVANIA NO. 2008-5784 - c? : CIVIL ACTION - LAW IN DIVOI_ CUSTODY STIPULATION .k;• WITNESSETH WHEREAS, Heather Shipe and Eric Shipe are the natural parents of Aubrey Shipe, born Oc THIS AGREEMENT, made this ? day of D 2008, by and b etw F , Heather Shipe, hereinafter referred to as "Mother, and Eric Shipe, hereinaf er referred to as "Father." September 19, 2003; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of the subject minor child. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. N_ c?J7'7 Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to 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 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. Each party shall be entitled to complete and full information ,t 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. 5309. 2. Mother shall have primary physical custody of the subject minor child. 3. Father shall have periods of partial custody on an alternating weekly basis from Friday evenings at 6:30 p.m. until Sunday evening at 5:30 p.m. 4. The parties will alternate the following holidays beginning in 2009: • New Year's Day • Easter • Memorial Day • July 4`h • Labor Day The custodial period shall run from 7:00 p.m. the night preceding the holiday and extend 2 until 7:00 p.m. the day of tae holiday. On odd numbered years, Mother shall have the children for New Year's Day, Memorial Day, and Labor Day, and Father shall have Ease and July e. On even numbered years, Mother shall have Easter and July e and Father shall have custody of the children on New Year's Day, Memorial Day, and Labor Day. 'T'hanksgiving and Christmas will be divided into two segments. These %e alternate with the other holidays. Segment A for Thanksgiving shall begin Wedn at 6:00 p.m. and extend until the Friday after Thanksgiving at 10:00 a.m. Segment Thanksgiving shall begin at 10:00 a.m. the Friday after Thanksgiving and extend ufl 6:00 p.m. Segment A for Christmas is from December 24th at 10:00 a.m. until Decerob f - x 2:00 p.m. and Segment B is from December 25`h at 2:00p-m. until December 2601 at ' t o in odd numbered years, Father shall have Segment A for Thanksgiving and S for Christmas and Mother shall have Segment B for Thanksgiving and Segment B fois• For even numbered years, Mother shall have the children for Segment A for Thank50 . and and Serpent B for Segment A for Christmas and Father shall have Segment B for Thanksgiving a Christmas. Father shall have custody on Father's Day and Mother shall have custody a _. d Day and the custodial period shall run from 7:00 p.m. the night preceding the holiday until 7:00 p.m. the day of the holiday. The holiday schedule shall take precedence over the regular custody schedule flue weeks 5. Beginning in 2009, the parties agree that Father shall have three nonconsecu out of the child's summer vacation. Summer commences on the Monday immediately following 3 the last day of the school and extends until the Monday immediately preceding the first day of school. Father shall provide Mother with at least ten (10) days notice as to when he wishes to exercise one of his summer visitation weeks, taking into consideration any extracurricular activities the child may be involved in. 6. Unless otherwise'agreed by the parties, the party whose custodial period is about to commence shall provide transportation. 7. All 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 the child whether "sleeping" or awake. 8. During any period of custody or visitation, the parties to this Stipulation shall not possess or use any controlled substance; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 9. Each party shall be entitled to reasonable telephone or e-mail contact with the child when he is in the custody of the other party. The parties shall provide to one another emergency contact telephone numbers. 10. Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set for forth in the Order, or if the relocation will be to a 4 location in excess of fifty (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 sixty (60) days prior to the planned relocation, and (b) either a written consent of the other party to such relocation or further Order of this 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 Prothonotary. 11. It is understood and stipulated that by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon betwe =n the parties and that such altered or expanded agreement would be in the best interest of the child. 12. The parties agree to supply the other with his or her complete contact information, including but not limited to residential address, cell phone numbers, home telephone numbers, and employers' telephone numbers. Should any of the aforementioned information change, each party has five (5) days from the date of the change to notify the other party. Each party shall make every reasonable effort to ensure they can reach and be reached by the other party concerning issues relevant to the minor child. 13. Should either party have the child spend overnight at a place other than their primary residence, the other party will be given the address and telephone number where the child is spending the night. 5 14. The parties shall organize ways for their child to maintain their friendships, extracurricular activities and other special interests, regardless of which household they may be in. 15. The parties agree to refrain from encouraging the child to provide reports about the other party. Communication should always take place directly between the parties, without using the child as an intermediary. 16. The parties agree that the child should be protected from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior or violent propensities). The parties shall, to the extent possible, avoid contact with such individuals of poor character. 17. The parties shall permit and support the child's access to family relationships and events (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 or date variations to the other party when special recreational options or other unexpected opportunities arise. 6 IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first above written. G Witne W' ss Heather Shipe l Eric Shipe CERTIFICATE OF SERVICE Alphonso Arnold, Jr., Esquire, counsel for Petitioner, hereby certifies that on June 17, 2011, a true and correct copy of the foregoing Petition was mailed, first-class mail, postage pre-paid, addressed to the following: Heather M. Shipe a/k/a Heather M. Tom Lot #13 90 Springers Lane New Cumberland, PA 17070 Date: June 17, 2011 By: Alphonso Arnold, Jr., Esquire No. 29704 Attorney for Petitioner HEATHER M. SHIPE A/K/A HEATHER M. IN THE COURT OF COMMON PLEAS OF TOM PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA-1* c? 2008-5784 CIVIL ACTION LAW rv c -? ,c- C , - CD > xa? n. ERIC SHIPE IN CUSTODY ` " DEFENDANT •P..... ` ORDER OF COURT AND NOW, Thursday, June 23, 2011 , 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 --Wednesday, July 27, 2011 __ at 3:30 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 ??? I J- 32 South Bedford Street &" _ ' Carlisle, Pennsylvania 17013 P/AL ?' r 0 Telephone (717) 249-3166 11? 3 HEATHER M. SHIPE a/k/a HEATHER M. TOM Plaintiff vs. ER:C SHIPE Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5784 CIVIL ACTION LAW cis r" ? IN CUSTODY __ ORDER OF COURT 11 1, raj i AND NOW, this day of , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court incorporating the Custody Stipulation signed by the parties on October 28, 2008 shall continue in effect as modified by this Order. 2. The Mother shall ensure that the Child is returned to Pennsylvania from vacation in Texas on or before Saturday, August 6, 2011. 3. Upon the Child's return to Pennsylvania, the Father shall be entitled to have four make-up weekend periods of custody and the Mother shall cooperate in scheduling those weekends as soon as possible. The dates and times for the make-up weekends shall be arranged by agreement between the parties. 4. Any changes to the custody schedule made by mutual consent shall be confirmed in writing by both parties. BY TH URT, J. cc: ?Alphonso Arnold, Jr., Esquire - Counsel for Father Heather M. Tom - Mother COP 8 11116 HEATHER M. SHIPE a/k/a IN THE COURT OF COMMON PLEAS OF HEATHER M. TOM CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. 2008-5784 CIVIL ACTION LAW ERIC SHIPE : Defendant 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 Aubrey Shipe September 19, 2003 Mother 2. A custody conciliation conference was held on July 27, 2011, with the following individuals in attendance: the Father, Eric Shipe, with his counsel, Alphonso Arnold, Jr., Esquire, and the Mother, Heather M. Tom, formerly Shipe, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator