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HomeMy WebLinkAbout08-6984ROXANNE PETERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V CIVIL ACTION - LAW KERRYANN SHIMP, No. 0 ?,- 6 q Defendant IN CUSTODY COMPLAINT FOR PARTIAL CUSTODY AND NOW, comes Roxanne Peters, by and through her attorney Stanley H. Mitchell, Esquire, who files the within Complaint For Partial Custody, to wit: 1. Plaintiff is Roxanne Peters, "Mother", who currently resides at 219 N. Market St., Mechanicsburg, PA., 17055. 2. Defendant is KerryAnn Shimp, "Aunt", who currently resides at 105 E. Elmwood Ave., Mechanicsburg, PA., 17055. 3. Plaintiff seeks partial custody of the following child: NAME PRESENT ADDRESS AGE Alana Jewel Peters 105 E. Elmwood Ave., 3 yrs., Mechanicsburg, PA 17055 The child was not born out of wedlock. The Child is presently in the custody of Defendant, who currently resides at 105 E. Elmwood Ave., Mechanicsburg, Pa 17055. During the past five years, the child resided with the following person(s) and at the following address(es): PERSON(s) ADDRESS(ES) DATE(S) Roxanne Peters 210 N. Front St., 10/11/05 until 7/4/06 Shawn Peters 210 N. Front St., 10/11/05 until 6/1/06 Wormleysburg, PA., 17043 Roxanne Peters 105 Elmwood St., 7/4/06 until 10/3/06 KerryAnn Shimp 105 Elmwood St., 7/4/06 until present ROXANNE PETERS, Plaintiff VS. KERRYANN SHIMP, Defendant FEB 2 4 20004 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-6984 IN CUSTODY COURT ORDER AND NOW, this a? day of Ak*? Custody Conciliation Report, it is ordered and directed as follows: 1. Legal counsel for the mother, Roxanne Peters, and legal counsel for the maternal aunt, Kenryann Shimp, shall make arrangements to retain a counselor who will work with the parties to provide supervised visitation and, as appropriate, to provide the pertinent evaluation and recommendation with respect to efforts to reacquaint the mother with the minor child and develop a meaningful custodial arrangement between the mother and the minor child. As this counseling progresses, legal counsel for either party may contact the Custody Conciliator at any time to schedule another Custody Conciliation Conference to initiate a modification of this Order or a referral of this case to a Judge for a hearing. 2. Pending further Order of this Court, the following TEMPORARY Custody Order is entered: A. The maternal aunt, Kerryann Shimp, shall have legal custody of Alana Jewel Peters, born October 11, 2005. , 2009, upon consideration of the attached B. The mother, Roxanne Peters, shall enjoy periods of visitation/temporary custody with the minor child pursuant to a schedule as arranged with the counselor as set forth in paragraph 1 above. Judge cc: ?Sley H. Mitchell, Esquire -Jane Adams, Esquire CT t EC n1htL46C all larr ?; a; o f. 1 ?'? ??? ?" ` ? 1 i1i i ;?'? ROXANNE PETERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW KERRYANN SHIMP, NO. 2008-6984 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alana Jewel Peters, born October 11, 2005. 2. The Conciliator conducted a Conciliator Conference with the parties on February 13, 2009, and then conducted a telephone conference with legal counsel for the parties on February 19, 2009. Based upon these discussions, the Conciliator recommends an Order in the form as attached. Date: February , 2009 14 roy, Esquire Hubert X;onciliator Custody Mechanicsburg, PA 17055 The mother of the child is Roxanne Peters, who currently resides at 219 N. Market St., Mechanicsburg, PA., 17055. She is married/separated. The father of the child is Shawn Peters, who is presently incarcerated. He is married/separated. 4. The relationship of Plaintiff to the child is that of Natural Mother. Plaintiff currently resides with the following person(s): NAMES (S) Julia Shimp RELATIONSHIP Mother 5 . The relationship of Defendant to the child is that of Aunt. Defendant currently resides with the following person(s): NAME(S) RELATIONSHIP Alana Jewel Peters Niece 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number and its relationship to this action is: In the Interest ofAlana Peters, Juvenile No. CP-21-JV-222-2006. Plaintiff has no information of a custody proceeding, concerning the child pending in a court of this Commonwealth. The court, term and number and its relationship to this action is 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. The name and address of such person is 7. The best interests and permanent welfare of the child will be served by granting the relief requested r? because the minor child needs to have a relationship with her Natural Mother. Mother loves her daughter and wants to be involved in her daughter's life. Such involvement is in the best interests of the minor child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NAME ADDRESS(ES) BASIS OF CLAIM WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting partial custody of the child. Respectfully submitt Stanley H. Mitchell, Esquire 122 Locust St., PO Box 425 Harrisburg, PA., 17108 Pa., Atty., I.D. No. 32093 (717) 233-3339 Attorney For Plaintiff Date: n /-wl() 0 CAM F v N W 1 V ' l (V r V N C... J'S C.F 1 CO ? t? l` n? n ROXANNE PETERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KERRYANN SHIMP DEFENDANT 2008-6984 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 03, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, January 05, 2009 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /si ohn . Mangan, r. "19 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 0? &v N3d ? Z :£ Wd ?- 330z 3Hi J0 ROXANNE PETERS, Plaintiff vs. KERRYANN SHIMP, Defendant PRIOR JUDGE: Edward E. Guido AND NOW, this IN THE COURT OF COMMR FLEWF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-6984 IN CUSTODY COURT ORDER day of May, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the ? day of, 2009 atAA, A.m. At this hearing, the mother shall be the moving paarrty an s all proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Pending further Order of this Court, this court's TEMPORARY Custody Order of March 2, 2009 shall remain in place such that the maternal aunt, Kerryann Shimp, shall enjoy legal custody of Alana Jewel Peters, born October 11, 2005. Pending the hearing, the mother, Roxanne Peters, shall enjoy temporary custody of the minor child in an unsupervised situation on every Saturday from 10:00 a.m. until 5:00 p.m. 'The mother shall pick up the child at the maternal aunt's home and deliver the child back to the maternal aunt's home at said times unless agreed otherwise by the parties. ?j 3. In the event there are any significant issues that develop while the mother is visiting with the minor child prior to the hearing, legal counsel for the parties may contact the custody conciliator who may in turn submit a recommendation for a modified order to the court. BY TH1?COURT, Judge Edward E. cc: 2ane anley H. Mitchell, Esquire Adams, Esquire I 6 Z •ZR Wd 7" 3W HOZ M iCNI.It ;;bd 3Ni 3G ]VIA ? ?-0311 ROXANNE PETERS, Plaintiff vs. KERRYANN SHIMP, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-6984 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The conciliator conducted a telephone conference with legal counsel for the parties on April 29, 2009. The Defendant's maternal aunt is still unwilling to agree to unsupervised visitation by the mother. Since the last conciliation conference, the mother has had some supervised visitation with the supervisor noting "interaction during visit was natural and absent of any stress or anxiety". 2. A hearing must be scheduled but the conciliator believes the mother should start some unsupervised visitation pending the hearing based upon how things have gone so far with the supervised visitation and also based upon the apparent need to get some meaningful interaction between the mother and the child prior to the hearing so the court will have some solid information to base the decision on at the hearing. 3. The conciliator recommends an order in the form as attached. '', Ic) Date:>ay -, 2009 u> el t roy, Esquire ustody Conciliator ROXANNE PETERS Plaintiff, VS. KERRY ANN SHIMP Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-6984 IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE/VMHDRAWAL TO THE PROTHONOTARY: Please enter the appearance of Barbara Sumple-Sullivan, Esquire, as Attorney of record for Kerry Ann Shimp, Defendant, in the above captioned matter. Date: Barbara Sumple-Sullivan, Esquire 55,49 Bridge St. New Cumberland, PA 17070 (717) 774-1445 Please withdraw the appearance of Jane Adams, Esquire, as Attorney of record for Kerry Ann Shimp, Defendant, in the above-captioned matter. Date: 3 D Respectfully Submitted: J e Adams, Esquire 11 West South Street Varlisle, PA 17013 (717) 245-8508 Supreme Court I.D. # 79465 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ROXANNE PETERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KERRYANN SHIMP, Defendant : NO. 2008 - 6984 CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of a Praecipe to Withdraw Appearance and Praecipe to Enter Appearance, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: DATE: June 4, 2009 Stanley H. Mitchell, Esquire 122 Locust Street P.O. Box 425 Harrisburg, PA 17108 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 RLED-OFFICE OF THE PRJT? bTARY 2009 JUN -8 PM G: 15 Cu > :z . f 10 ?,OLJ II"y PENNSYLVANA Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ROXANNE PETERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KERRYANN SHIMP, Defendant : NO. 2008 - 6984 CIVIL ACTION -LAW CUSTODY ORDER AND NOW, this /,f day of , 2009, upon consideration of Defendant's Petition for Continuance, the hearing in the above-captioned matter scheduled for June 10, 2009 at 10:30 a.m. is hereby continued and rescheduled for the / 2 d y of 1qLl6(,lL11, 21009 at in Court Room of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumb land County, Pennsylvania. BY THE CO Distribution: Honorable Edward E. Guido, Judge Stanley H. Mitchell, Esquire, 122 Locust Street, P.O. Box 425, Harrisburg, PA 17108 Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070-1931 o ,j?? 1, - -?_3 - 0 9 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 717)774-1445 ROXANNE PETERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008 - 6984 KERRYANN SHIMP, CIVIL ACTION -LAW Defendant CUSTODY MOTION FOR CONTINUANCE Petitioner is Defendant, Kerry Ann Shimp, an adult individual residing at 105 E. Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Petitioner has retained the undersigned to represent her in the above captioned matter. She had previously been represented by Jane Adams, Esquire and that association has been terminated. A withdrawal of counsel by Ms. Adams and the entry of appearance of Barbara Sumple-Sullivan, Esquire have been filed with the Court. 3. Based on the substitution of counsel, Petitioner is requesting a continuance of the hearing scheduled for Wednesday, June 10, 2009 at 10:30 a.m. to allow for sufficient time to prepare for the hearing. 4. Counsel for the Defendant, Stanley H. Mitchell has graciously consented to the continuance on the condition that the presently existing custodial times continue per the Order of March 2, 2009. WHEREFORE, Petitioner requests that the hearing be rescheduled. Respectfully submitted, Dated: June 5, 2009 F-samara 5umple-Sullivan, Esquire X549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717 774-1445 ROXANNE PETERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 6984 KERRYANN SHIMP, CIVIL ACTION -LAW Defendant CUSTODY CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of a Motion for Continuance, in the above-captioned matter upon the following individual(s), by facsimile and United States first-class mail, postage prepaid, addressed as follows: Stanley H. Mitchell, Esquire 122 Locust Street P.O. Box 425 Harrisburg, PA 17108 DATE: June 5, 2009 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant 2L?R??% 23 cu ;,?, LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 June 4, 2009 The Honorable Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Via fax and regular mail Re: Roxanne Peters v. KerryAnn Shimp Docket No. 2008 - 6984 (Custody) / Cumberland County Dear Judge Guido: As further to my contact with your office, please find for your consideration a Motion for Continuance of the hearing scheduled for Wednesday, June 10, 2009 at 10:30 a.m. Your consideration is appreciated. Sincerely y ur F+ t 1 1f JA t Barbara Sumple-Sullivan BSS/le Enclosures cc: Stanley H. Mitchell, Esquire (w/encl) (via fax) Ms. KerryAnn Shimp (w/encl) ROXANNE PETERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-6984 CIVIL TERM KERRY ANN SHIMP, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this 17th day of August, 2009, after hearing, all prior Custody Orders are vacated and replaced with the following: 1. The Defendant, Aunt Kerry Ann Shimp, shall have sole legal and physical custody of the child, Alana Jewel Peters, born October 11, 2005. Provided, however, the Plaintiff mother shall be entitled to complete and full information from any medical provider, teacher, professional, or any other authority in accordance with 23 Pa. C.S.A., Section 5309. Mother shall also be entitled to have copies of any reports, records, or other information provided to Ms. Shimp. 2. The child shall have no contact with her natural father absent written agreement of the parties or further Order of this Court. 3. The Children's Advocacy Center of the Dickinson School of Law of the Penn State University is appointed as guardian ad litem for the child. 4. The child shall continue counseling with Dr. Delerme on a regular basis with the goal of safely reunifying with mother. Any costs of said counseling not covered by insurance or some other source are to be shared equally by the parties. Dr. Delerme is authorized to share all progress reports with mother. He is further requested to involve mother and aunt in the counseling process as soon as is practical. 5. We will review this matter at a further hearing on December 18, 2009, commencing at 9:30 a.m. Pending said hearing, the visitation between mother and child shall cease unless recommended otherwise by Dr. Delerme. The only contact between mother and child shall be by letter and/or e-mail. Ms. Shimp may screen those items for appropriateness before reading them to the child. Ms. Shimp shall further insure that the child acknowledges and responds to all such correspondence. Copies of all such correspondence and copies shall be presented at the next court hearing. By tY Edward E. Guido, J. ? Stanley H. Mitchell, Esquire A tarborney for Plaintiff ara Sumple-Sullivan Esquire B /`Q/Of Attorney for Defendant 9( ` ? Lucy Johnston-Walsh, Esquire Children's Advocacy Center Sheriff, Court Administrator srs FILED-:,I r- vt=: OF THE FrDT'H;,'Dr40TARY 2409 AUG 19 Aid 9: 4 2 C t ROXANNE PETERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KERRY ANN SHIMP : NO. 2008 - 6984 CIVIL TERM ORDER OF COURT AND NOW, this 31 ST day of AUGUST, 2009, it is hereby ordered that the following copies of dependency court orders and reports in the matter of A. P., docketed at CP-21-DP-222-2006, are to be included in the Civil Court file of Peters v. Shimp, number 2008 - 6984 Civil Action in custody. 9/12/2006 9/15/2006 9/21/2006 3/28/2007 3/30/2007 4/16/2007 7/18/2007 10/24/2007 4/01/2008 4/24/2008 8/06/2008 Dependency Petition Order of Court Order of Court Order of Court and Master's Recommendation Order of Court Order of Court and Master's Report Order of Court and Master's Report Order of Court and Master's Report Order of Court and Master's Recommendation Order of Court and Master's Report Order of Court and Master's Report ?Stanley H. Mitchell, Esquire ,/Barbara Sumple-Sullivan, Esquire ./Lucy Johnston-Walsh, Esquire C&YS 06p r E.s rvizz t Lc 9A16cl =/q By the Co Edward E. Guido, J. HU-1, 3 . ",)F THE 4py 20IB 5LE P --2 Pi h ? = 2 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff ROXANNE PETERS, Plaintiff VS. KERRY ANN SHIMP, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2008-6984 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY PRAECIPE TO ENTER APPEARANCE AS COUNSEL FOR PLAINTIFF TO THE PROTHONOTARY: Please enter my appearance as counsel of record for Plaintiff, Roxanne Peters, in the above custody action. Dated: By: JEA E B. COSTOPOULO , UIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Y J CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Lucy Johnston-Walsh, Esquire Children's Advocacy Center 45 N. Pitt Street Carlisle, PA 17013 By: JEAN B. COSTOPOULOS, UIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR DEFENDANT Date: ?! ,/l all FILEi 2G09 SEII -3 AM 8: 22 '''v Roxanne Peters, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6984 CIVIL TERM KerryAnn Shimp, Defendant : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow the Guardian Ad Litem for the minor child to proceed in forma pauperis. The Children's Advocacy Clinic certifies that we are representing the minor child in the above- captioned matter as Guardian Ad Litem. Because the child has no source of income, our client is unable to pay the costs and we are providing free legal service. Date: September 15, 2009 Respectfully Submitted, .R erry Certified Legal Intern Lucy Jo t -Walsh, Esq. Supervising Attorney CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone: (717) 243-2968 Fax: (717) 243-3639 OF FILED- O THE 't^ f,i?l.,?rj 'w? t.Q7? 2009 SE- P € P i % i -: 21i Roxanne Peters, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6984 CIVIL TERM KerryAnn Shimp, Defendant : IN CUSTODY PETITION TO MODIFY COURT ORDER AND NOW, comes the Petitioner, the Guardian Ad Litem for the minor child in the above-captioned matter, and respectfully requests that this Honorable Court modify the Order of Court, entered August 17, 2009 as follows: 1. On August 17, 2009 the Honorable Edward E. Guido entered an Order of Court in the above-captioned matter. 2. In Paragraph 3 of the August 17, 2009 Order of Court, the Children's Advocacy Clinic was appointed to serve as Guardian Ad Litem for the minor child, Alana Jewel Peters, born October 11, 2005. 3. The Guardian Ad Litem is requesting access to information on the child, in order to make a determination regarding what is in the best interests of the minor child. 4. The Guardian Ad Litem respectfully requests that this Honorable Court modify Paragraph 3 of the Order of Court as follows: "The Children's Advocacy Clinic of Penn State Dickinson School of Law is appointed to serve as the Guardian Ad Litem for Alana Jewel Peters, born on October 11, 2005. As Guardian Ad Litem for the minor child, the Children's Advocacy Clinic shall have full access to all education, medical, child welfare agency and mental health records relating to the minor child." 5. The Honorable Edward E. Guido has previously ruled on the above captioned matter. 6. In accordance with C.C.R.P. 208.2(d), the concurrence of opposing counsel of record was sought, with the following responses: Counsel for Plaintiff/Mother was contacted and concurrence was received; Counsel for Defendant/Aunt was contacted and concurrence was received. WHEREFORE, the Guardian Ad Litem respectfully requests that this Honorable Court enter an Order of Court granting the Guardian Ad Litem access to information of the minor child. Respectfully Submitted, R erry C ified Legal Intern qttCtl kWJ6?%L_ ucy o on-Walsh, Esq. Supe sing Attorney CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone: (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing 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. J. R Fe , Peti ' ner Certified Legal Intern Guardian ad Litem for minor child CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 Phone: (717) 243-2968 Fax: (717) 243-3639 Roxanne Peters, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6984 CIVIL TERM KerryAnn Shimp , Defendant IN CUSTODY CERTIFICATE OF SERVICE I, J. Ryan Ferry, Certified Legal Intern, Children's Law Clinic, hereby certify that I served a true and correct copy of the Petition to Modify Court Order on the following parties by depositing a copy of the same in the United States mail, first class on September 15, 2009. Stanley H. Mitchell, Esq. Counsel for Plaintiff 122 Locust Street., PO Box 425 Harrisburg, PA 17108 Barbara Sumple-Sullivan, Esq. Counsel for Defendant 549 Bridge Street New Cumberland, PA 17070 yan Ferry Certified Legal Intern IcVn rcy Jol to Walsh, Esq. Supervising Attorney CHILDREN'S LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone: (717) 243-2968 Fax: (717) 243-3639 CF THE , .x,? ,kP ?Y 2009 SEA' 15 N 3: 2 -a Roxanne Peters, Plaintiff, V. KerryAnn Shimp, Defendant SEP , 6 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-6984 CIVIL TERM IN CUSTODY ORDER OF COURT ff 4)A AND NOW, this l(O day of September, 2009, it is hereby ordered that the Guardian ad litem, the Children's Advocacy Clinic of the Penn State Dickinson School of Law, is authorized, to timely access to the child's educational records, medical records, mental health/counseling records and any possible records from Cumberland County Children and Youth Services and any other child serving agency, if the agency is involved with the child. All persons involved with the child shall cooperate with the Children's Advocacy Clinic in connection with any requests for information, requests for meetings/interviews with the parties and the minor child or any home visits. ? Stanley H. Mitchell, Esquire ,Attorney for Plaintiff ./ Barbara Sumple-Sullivan, Esquire Attorney for Defendant The Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 (26 1 -:) tiES ,-milt l C, Edward E. Guido, J. OF THE PPIT 1_ n OrAfiY 2009 SEP 17 All & 10 Cuts John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff ROXANNE PETERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KERRY ANN SHIMP, Defendant : NO. 08-6984 CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, Roxanne Peters, by and through her counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Motion for Continuance as follows: 1. John J. Connelly, Jr., Esquire has recently been retained to represent the Plaintiff, Roxanne Peters, in the above-captioned action. 2. The Defendant, Kerry Ann Shimp, is represented by Barbara Sumple-Sullivan, Esquire, in the above-captioned action. 3. A hearing is scheduled in this matter for Friday, December 18, 2009 at 9:30 a.m. before The Honorable Edward E. Guido. 4. Counsel for the Plaintiff is unavailable for the hearing scheduled on December 18, 2009 and is requesting that the Court reschedule the matter. 5. Counsel for the Defendant concurs in the rescheduling of this hearing. WHEREFORE, the Plaintiff, through her counsel, requests that the hearing currently scheduled for Friday, December 18, 2009 at 9:30 a.m. be continued. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By: Attorneys for Plaintiff, Roxanne Peters 1".V. DUX UJV Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, John J. Connelly, Jr., Esquire, represent that I am the attorney for Plaintiff, Roxanne Peters, and verify that the statements made in the foregoing Motion for Continuance 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 unworn falsification to authorities. Date: - 9 - O g J J. . Conn y, Jr., Esq e ROXANNE PETERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6984 KERRY ANN SHIMP, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Roxanne Peters, hereby certify that I have served a copy of the foregoing Motion for Continuance on the following on the date and in the manner indicated below: VIA U.S MAIL FIRST CLASS PRE-PAID Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Dated: / 02 - / " U By: The Dickinson School of Law Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 FiLED-OFF,CE OF TNc CTHC?CTARY 2009 DEC 10 PM 2: S2 jjjjjj N`N`\t \!4 ROXANNE PETERS, Plaintiff V. KERRY ANN SHIMP, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6984 : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Plaintiff, Roxanne Peters, in the above- captioned action. Date: TO THE PROTHONOTARY: By: JQ a B. Costopoulos, Esquir Attorney I.D. #68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 (717) 221-0900 (phone) Please enter the appearance of John J. Connelly, Jr., Esquire, on behalf of the Plaintiff, Roxanne Peters, in the above-captioned action. Date: ' a-?-'U ? By: Ato elly, Jr(, Esqu e . . #1561 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 (phone) (717) 298-2053 (fax) FiL.ED-O?:ROE OF THE PROTHONOTARY 2009 DEC 10 PM 2: 4 7 Cu ti _ ?. UN E Y DEC 1 12009 (? 3 ROXANNE PETERS, Plaintiff V. KERRY ANN SHIMP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6984 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of December, 2009, pursuant to Plaintiffs Motion for Continuance, the hearing currently scheduled for Friday, December 18, 2009 at 9:30 a.m. is continued until the 1" day of March, 2010, at 9:30 a.m. before the Honorable Edward E. Guido, , Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: ?J J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 Tara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 Children's Advocacy Clinic, 45 North Pitt Street, Carlisle, PA 17013 . e g rn.at (SCL ??,I?slvq FILED-r -?R E OF THE'" P ^'P-i0N! NARY 2009 DEC 15 Ali 8: 32 ,+ cur,; , - JU1 V?? r_;' ' M? ? ; p f EINNS\(j??4Fh?SNA r U THE f 2010 FEB -3 fM 2: 44 John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff 0A4BFA*-qs) mm V. V ROXANNE PETERS, Plaintiff V. KERRY ANN SHIMP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6984 CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, Roxanne Peters, by and through her counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Motion for Continuance as follows: 1. John J. Connelly, Jr., Esquire has been retained to represent the Plaintiff, Roxanne Peters, in the above-captioned action. 2. The Defendant, Kerry Ann Shimp, is represented by Barbara Sumple-Sullivan, Esquire, in the above-captioned action. 3. The Dickinson School of Law, Children's Advocacy Clinic has been appointed as guardian ad litem in this matter and J. Ryan Ferry is the Certified Legal Intern currently assigned to this case. 4. A hearing is scheduled in this matter for Monday, March 1, 2010 at 9:30 a.m. before The Honorable Edward E. Guido. 5. Counsel for the Plaintiff is having back surgery on Thursday, February 4, 2010 and will be unable to attend the hearing on Monday, March 1, 2010 and is requesting that the Court reschedule the matter. 6. Counsel for the Plaintiff has contacted counsel for the Defendant, Barbara Sumple-Sullivan, and the Children's Advocacy Clinic, who have concurred in the rescheduling of this hearing. WHEREFORE, the Plaintiff, through her counsel, requests that the hearing currently scheduled for Monday, March 1, 2010 at 9:30 a.m. be continued. Respectfully submitted, JAMES, SAUTH, DIETTERICK & CONNELLY, LLP Dated: By: Jo J. Co elly, Jr. A ey I.D. 15615 P.O. Box-6-50 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff, Roxanne Peters VERIFICATION I, John J. Connelly, Jr., Esquire, represent that I am the attorney for Plaintiff, Roxanne Peters, and verify that the statements made in the foregoing Motion for Continuance 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. Date: - 02 --10 ohn . Co elly, Jr., Esqu' ROXANNE PETERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6984 KERRY ANN SHIMP, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Roxanne Peters, hereby certify that I have served a copy of the foregoing Motion for Continuance on the following on the date and in the manner indicated below: VIA U.S MAIL. FIRST CLASS. PRE-PAID Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 The Dickinson School of Law Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: - - y By: ohn nne y, Jr. e .D. 15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff FE8 0 4 2010 ROXANNE PETERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6984 KERRY ANN SHIMP, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER AND NOW, this 5- day of February, 2010, pursuant to Plaintiff s Motion for Continuance, the hearing currently scheduled for Monday, March 1, 2010 at 9:30 a.m. is continued until the day of !cu - ` 2010, at 1,44 a.m./before the Honorable Edward E. Guido,, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Edward E. Guido, J DP' tribution: ?Jo J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA - 17070 ?< hildren's Advocacy Clinic, 45 North Pitt Street Carlisle PA 17013 C o , , MT r-- M Cf? (-n W h3. 3 FILED-QFr-IC. OF E ?r._ John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff ROXANNE PETERS, Plaintiff/Petitioner V. KERRY ANN SHIMP, Defendant/Respondent 0, ly IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6984 CIVIL ACTION - LAW IN CUSTODY PETITION FOR CUSTODY EVALUATION AND NOW, comes the Plaintiff, Roxanne Peters, by and through her counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Petition for Custody Evaluation as follows: 1. The Petitioner is Roxanne Peters, Plaintiff in the above-captioned action. 2. The Respondent is Kerry Ann Shimp, Defendant in the above-captioned action. 3. Petitioner is the mother of one minor child, namely, Alana Jewel Peters, born October 11, 2005. 4. On November 26, 2008 Petitioner filed a Complaint for Custody. 5. An initial conciliation conference was scheduled for Wednesday, December 3, 2008 and subsequently rescheduled for January 5, 2009. 6. The initial conciliation was ultimately held on February 13, 2009 as well as February 19, 2009 on a telephone conference and an Order was entered March 2, 2009, a copy of which is attached hereto and made a part hereof by reference as Exhibit "A". 7. On April 29, 2009, a subsequent conciliation phone conference was held with counsel and the conciliator, Hubert X. Gilroy, Esquire, and an Order of Court was entered on May 5, 2009, a copy of which is attached hereto and made a part hereof by reference as Exhibit «B„ 8. On August 17, 2009, a hearing was held before the Court and an Order was entered by the Court on that date limiting Petitioner's access to the minor child and providing for the child to continue in counseling with Dr. Delerme with the goal of safely reunifying the child with the Petitioner. The cost of said counseling was to be shared equally by the parties after the application of insurance. Petitioner was to be involved in the counseling process as soon as practicable. A copy of this Court's Order dated August 17, 2009, is attached hereto and made a part hereof by reference as Exhibit "C". A review of the matter was scheduled for December 18, 2009. 9. Prior to the scheduling of the December 18, 2009, Petitioner changed counsel to John J. Connelly, Jr., Esquire and the matter was continued until March 1, 2010. 10. Because of Petitioner's counsel's back surgery and the inability to appear in Court on March 1, 2010, the matter has been rescheduled to May 5, 2010 at 9:30 a.m. before the Honorable Edward E. Guido. 11. The pattern of Dr. Delerme's sessions, which began involving Petitioner in December of 2009, some four months after the Court's hearings, have been a Monday session with the Respondent, Petitioner and child contained within forty-five minutes to one hour. In essence, ten minutes for Petitioner, ten minutes for Respondent and the remaining time for the child with Dr. Delerme. The Petitioner sees the child after the sessions for five to ten minutes. 12. Because of Dr. Delerme's personal relationship with the Respondent, coupled with the fact that he is acting as the therapist for the child and further compounding the problem with the extended delay in reunifying Petitioner and the child, your Petitioner is requesting that the Court appoint a custody evaluator to have contact with the Petitioner, Respondent, tangential witnesses, Dr. Delerme and any other therapist involved in the matter in order to make a recommendation to the Court regarding custody at the time of the May 5, 2010 hearing. 13. Petitioner has been attending group therapy at Diacon Family Life Services in Mechanicsburg, Pennsylvania on a two time per week basis since September of 2009 and has attended all of the sessions with Dr. Delerme as scheduled by him. 14. Effectively, in spite of Petitioner's significant gains through her therapy and her full cooperation with Dr. Delerme, her time the minor child has essentially been limited to approximately one-half hour per week, if the sessions are held weekly, and no real progress appears to be made in the process. 15. There has been no independent valuation by an expert regarding the allegations raised by either the Petitioner or the Respondent in this matter, all of which will assist the Court in making a decision at the time of the next hearing. 16. Your Petitioner proposes that Deborah L. Salem, CACD, LPC, of Interworks, located at 2201 North Second Street, 2`d Floor, Harrisburg, Pennsylvania, be appointed to conduct all necessary interviews and testing, evaluate all parties and prepare a report to the Court as well as being prepared to testify at the next scheduled hearing. In the event progress can be made in the evaluation process, and consultation with Dr. Delerme, a need for a full hearing may be eliminated by the ongoing evaluation process. The parties should share the expense of the evaluation as they have done with the therapy. 17. J. Ryan Ferry, Certified Legal Intern of The Dickinson School of Law Children's Advocacy Clinic concurs in this request. 18. Barbara Sumple-Sullivan, Esquire, counsel for the Respondent, does not concur in this request. WHEREFORE, your Petitioner respectfully requests this Honorable Court appoint that Deborah L. Salem, CACD, LPC, of Interworks as a custody evaluator in this matter and that the parties shall equally share the cost of the evaluation. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 3 -19 -10 By: Attorneys for Plaintiff, Roxanne Peters P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, Roxanne Peters, verify that the statements made in the foregoing document 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 unworn falsification to authorities. Date: 3 " 17- r l-c, - ?eC' R xanne Peters EXHIBIT "A" RO ANNE PETERS, Plaintiff vs. KERRYANN SHIMP, Defendant FEB 2,4 2304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-6984 IN CUSTODY COURT ORDER AND NOW, this day of Mwa? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Legal counsel for the mother, Roxanne Peters, and legal counsel for the maternal aunt, Kerryann Shimp, shall make arrangements to retain a counselor who will work with the parties to provide supervised visitation and, as appropriate, to provide the pertinent evaluation and recommendation with respect to efforts to reacquaint the mother with the minor child and develop a meaningful custodial arrangement between the mother and the minor child. As this counseling progresses, legal counsel for either party may contact the Custody Conciliator at any time to schedule another Custody Conciliation Conference to initiate a modification of this Order or a referral of this case to a Judge for a hearing. 2. Pending further Order of this Court, the following TEMPORARY Custody Order is entered: A. The maternal aunt, Kerryann Shimp, shall have legal custody of Alana Jewel Peters, born October 11, 2005. B. The mother, Roxanne Peters, shall enjoy periods of visitation/temporary custody with the minor child pursuant to a schedule as arranged with the counselor as set forth in paragraph 1 above. Judge cc: ? ey H. Mitchell, Esquire Jane Adams, Esquire 1 t EC /11b,tXWI( 31?I?1 till A, -FU EXHIBIT "B" ?j ROXANNE PETERS, IN THE COURT OF COMM& FLE0F Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW KERRYANN SHIMP, NO. 2008-6984 Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido COURT ORDER . AND NOW, this S day of May, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ] . A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the O day LI ?? of 2009 at / .m. At this hearing, the mother shall be the moving party an s all proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Pending further Order of this Court, this court's TEMPORARY Custody Order of March 2, 2009 shall remain in place such that the maternal aunt, Kerryann Shimp, shall enjoy legal custody of Alana Jewel Peters, born October 11, 2005. Pending the hearing, the mother, Roxanne Peters, shall enjoy temporary custody of the minor child in an unsupervised situation on every Saturday from 10:00 a.m. until 5:00 p.m. The mother shall pick up the child at the maternal aunt's home and deliver the child back to the maternal aunt's home at said times unless agreed otherwise by the parties. In the event there are any significant issues that develop while the mother is visiting with the minor child prior to the hearing, legal counsel for the parties may contact the custody conciliator who may in turn submit a recommendation for a modified order to the court. BY THE ,GOUII7; Judge Edward E. cc: V?anley H. Mitchell, Esquire Jane Adams, Esquire 12opl'vs rmat??L s/t'lig? iUN 63:ZI Wd 9- Avw6ooa AWQG Oc ±:kid 3H! 30 30!±10-031U EXHIBIT "C" ROXANNE PETERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-6984 CIVIL TERM KERRY ANN SHIMP, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this 17th day of August, 2009, after hearing, all prior Custody Orders are vacated and replaced with the following: 1. The Defendant, Aunt Kerry Ann Shimp, shall have sole legal and physical custody of the child, Alana Jewel Peters, born October 11, 2005. Provided, however, the Plaintiff mother shall be entitled to complete and full information from any medical provider, teacher, professional, or any other authority in accordance with 23 Pa. C.S.A., Section 5309. Mother shall also be entitled to have copies of any reports, records, or other information provided to Ms. Shimp. 2. The child shall have no contact with her natural father absent written agreement of the parties or further Order of this Court. 3. The Children's Advocacy Center of the Dickinson School of Law of the Penn State University is appointed as guardian ad litem for the child. 4. The child shall continue counseling with Dr. Delerme on a regular basis with the goal of safely reunifying with mother. Any costs of said counseling not covered by insurance or some other source are to be shared equally by the parties. Dr. Delerme is authorized to share all progress reports with mother. He is further requested to involve mother and aunt in the counseling process as soon as is practical. 5. We will review this matter at a further hearing on December 18, 2009, commencing at 9:30 a.m. Pending said hearing, the visitation between mother and child shall cease unless recommended otherwise by Dr. Delerme. The only contact between mother and child shall be by letter and/or e-mail. Ms. Shimp may screen those items for appropriateness before reading them to the child. Ms. Shimp shall further insure that the child acknowledges and responds to all such correspondence. Copies of all such correspondence and copies shall be presented at the next court hearing. By tt Edward E. Guido, J. Stan ey H. Mitchell, Esquire Att rney for Plaintiff Barbara Sumple-Sullivan, Esquire Attorney for Defendant Lucy Johnston-Walsh, Esquire Children's Advocacy Center Sheriff Court Administrator srs icy V?d V* Py w;)ereg, t We onto set ray harx of said at Car4tale, Ps .. ,V ?+eem??ry ROXANNE PETERS, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6984 KERRY ANN SHIMP, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Roxanne Peters, hereby certify that I have served a copy of the foregoing Petition for Custody Evaluation on the following on the date and in the manner indicated below: VIA U.S MAIL, FIRST CLASS PRE-PAID Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Dated: q-) D The Dickinson School of Law Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 JAMES, SMITH, DIETTERICK & CONNELLY, LLP By: MI lP.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff o/ } 3 nae 1 9 zo,o ? ROXANNE PETERS, Plaintiff/Petitioner V. KERRY ANN SHIMP, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6984 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this ? day of March, 2010, pursuant to Plaintiffs Petition for Custody Evaluation, Deborah L. Salem, CACD, LPC, of Interworks, 2201 North Second Street, 2" d Fl or ' • Harrisburg, Pe; amis hereby appointed to conduct a custody evaluation in this matter. 'A., ,S JwA . y s are e By the µC Edward E. Guido, Judge DWbution: ,J'O J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 ara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA ldren's Advocacy Clinic, 45 North Pitt Street, Carlisle, PA 17013 17070 n i N ?a rv L^ John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly,_LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff ROXANNE PETERS, Plaintiff V. KERRY ANN SHIMP, Defendant F OF THE MT¢ ;4Ti4M 1010 APR 1 S PH 3: 26 CUMSERL,vej IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6984 CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, Roxanne Peters, by and through her counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Motion for Continuance as follows: 1. The Plaintiff, Roxanne Peters, is represented by John J. Connelly, Jr., Esquire, in the above-captioned action. 2. The Defendant, Kerry Ann Shimp, is represented by Barbara Sumple-Sullivan, Esquire, in the above-captioned action. 3. The Dickinson School of Law, Children's Advocacy Clinic has been appointed as guardian ad litem in this matter and J. Ryan Ferry is the Certified Legal Intern currently assigned to this case. 4. ' On March 22, 2010, the Court entered an Order appointing Deborah L. Salem, CACD, LPC, of Interworks, as the evaluator and requiring the Plaintiff to pay the expense of the evaluation. 5. A hearing is scheduled in this matter for Wednesday, May 5, 2010 at 9:30 a.m. before The Honorable Edward E. Guido. 6. Because of inherent delays in scheduling the parties for the beginning of their evaluation, there is no reasonable possibility the evaluation will be completed by the date of the scheduled hearing. 7. Counsel for the Plaintiff has contacted counsel for the Defendant, Barbara Sumple-Sullivan, and the Children's Advocacy Clinic, who have concurred in the request for continuance and rescheduling of this hearing. WHEREFORE, the Plaintiff, through her counsel, requests that the hearing currently scheduled for Wednesday, May 5, 2010 at 9:30 a.m. be continued to a date certain to be determined by the Court. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: q " -10 By: Attorneys for Plaintiff, Roxanne Peters P.U. Box 650 Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, John J. Connelly, Jr., Esquire, represent that I am the attorney for Plaintiff, Roxanne Peters, and verify that the statements made in the foregoing Motion for Continuance 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. Date: q- - I 1 0 ROXANNE PETERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6984 KERRY ANN SHIMP, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Roxanne Peters, hereby certify that I have served a copy of the foregoing Motion for Continuance on the following on the date and in the manner indicated below: VIA U.S MAIL, FIRST CLASS, PRE-PAID Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Dated: 4-14-10 The Dickinson School of Law Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 JAMES, SMITH, DIETTERICK & CONNELLY, LLP By: John 'Co lly, Jr. Atto #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff APR 16 2010 ROXANNE PETERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 08-6984 KERRY ANN SHIMP, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER AND NOW, thi ?" ` 2010, pursuant to Plaintiff's Motion for Continuance, sday of April, the he-aring currently scheduled for Wednesday, May 5, 2010 at 9:30 am. is continued until the day of 2010, at - a.m. .m. before the Honorable Edward E. Guido,, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Edward E. Guido, Judge D. `but'on: ?J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 ara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 r., ' /Children's Advocacy Clinic, 45 North Pitt Street, Carlisle, PA 17013 a I - /InZ2 L 12 rr r, .7. S v N m ?r-- r` S o i- ; -? 411, , ?t? CF TW PC TARY 10 AUG 30 PM 3:03 John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff ROXANNE PETERS, Plaintiff V. KERRY ANN SHIMP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6984 CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, Roxanne Peters, by and through her counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Motion for Continuance as follows: 1. The Plaintiff, Roxanne Peters, is represented by John J. Connelly, Jr., Esquire, in the above-captioned action. 2. The Defendant, Kerry Ann Shimp, is represented by Barbara Sumple-Sullivan, Esquire, in the above-captioned action. 3. The Dickinson School of Law, Children's Advocacy Clinic has been appointed as guardian ad litem in this matter and Kate Cramer Lawrence is the Supervising Attorney and Nadya Chimil is the Certified Legal Intern currently assigned to this case. 4. On March 22, 2010, the Court entered an Order appointing Deborah L. Salem, CACD, LPC, of Interworks, as the evaluator and requiring the Plaintiff to pay the expense of the evaluation. 5. A hearing is scheduled in this matter for Wednesday, September 1, 2010 at 9:30 a.m. before The Honorable Edward E. Guido. 6. Ms. Salem is currently in the process of completing the evaluation in this matter and it will not be completed by the date of the scheduled hearing. Ms. Salem has recommended an interim plan of action and treatment for Plaintiff, Roxanne Peters, which will permit Ms. Salem to finalize her report at the completion of the plan which will take a minimum of 90 days. 7. A hearing should not be rescheduled until a full report of Ms. Salem is available therefore the hearing should be continued generally to be set at the request of the Plaintiff, Defendant or the Children's Advocacy Clinic. 8. Counsel for the Plaintiff has contacted counsel for the Defendant, Barbara Sumple-Sullivan, and the Children's Advocacy Clinic, regarding this continuance request. The Children's Advocacy Clinic has concurred in the request for continuance however Barbara Sumple-Sullivan, counsel for the Defendant, will only concur under specific conditions. WHEREFORE, the Plaintiff, through her counsel, requests that the hearing currently scheduled for Wednesday, September 1, 2010 at 9:30 a.m. be continued generally. Dated: 7- 011?- I vj By: Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Attorneys for Plaintiff, Roxanne Peters Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, John J. Connelly, Jr., Esquire, represent that I am the attorney for Plaintiff, Roxanne Peters, and verify that the statements made in the foregoing Motion for Continuance 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 unworn falsification to authorities. Date: ? -a b -1 o ROXANNE PETERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6984 KERRY ANN SHIMP, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Roxanne Peters, hereby certify that I have served a copy of the foregoing Motion for Continuance on the following on the date and in the manner indicated below: VIA U.S MAIL, FIRST CLASS. PRE-PAID Barbara Sumple-Sullivan, Esquire The Dickinson School of Law 549 Bridge Street Children's Advocacy Clinic New Cumberland, PA 17070-1931 45 North Pitt Street Carlisle, PA 17013 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By: J hn Co lly, Jr. I.D #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff ROXANNE PETERS, Plaintiff V. KERRY ANN SHIMP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6984 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of Alr.g!.G , 2010, pursuant to Plaintiff's Motion for Continuance, the hearing currently scheduled for Wednesday, September 1, 2010 at 9:30 a.m. is continued generally to be rescheduled at the request of either party or the Children's Advocacy Clinic. -?z* J'4V?,N6 ?LsC.4X W,4C A,e? ??2?'I?.?i? OU/L Edward E. Guido, Judge trution: Tib Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 rhildren's ara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 Advocacy Clinic, 45 North Pitt Street, Carlisle, PA 17013 LE L - x,;@ L C F , ,t 3 l