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Home My WebLink About04-2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN P. MURRAY, : CIVIL ACTION - LAW Plaintiff, : v. : NO. Oq' ~ ~ : STACY M. SHANK, : Defendant : IN CUSTODY COMPLAINT FOR CUSTODY The Plaintiff is Brian P. Murray, presently residing at 6955 Upper Strasburg Road, Lot #2, Pleasant Hall, Franklin County, Pennsylvania, 17246, with a mailing address of PO Box 100, Pleasant Hall, Pennsylvania 17246. The Defendant is Stacy M. Shank, presently residing at 210 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Ashley R. Murray 210 East Garfield Street 14 years Shippensburg, Pennsylvania 17257 DOB: April 26, 1990 The child was not bom outside the bonds of matrimony. The child is presently in the custody of Defendant Stacy M. Shank, who resides at 210 East Garfield Street, Shippensburg, Cumberland County, Peunsylvania 17257. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATE Stacy M. Shank 210 East Garfield Street Nov 2003 Dean Shank Shippensburg, PA 17257 to Present (Cumberland County) Stacy M. Shank (formerly Stacy M. Murray) Orrstown Road Shippensburg, PA 17257 (Franklin County) Sept 2003 to Nov 2003 o Stacy M. Murray (mother) Dean Shank (stepfather) 215 Shippensburg Road Newburg, PA 17240 (Cumberland County) 1998 to Sept 2003 The mother of the child is Stacy M. Shank, currently residing at 210 East Garfield Road, Shippensburg, Cumberland County, Pennsylvania 1725:7. She is married. The father of the child is Brian P. Murray, currently residing at 6955 Upper Strasburg Road, Lot #2, Pleasant Hall, Franklin County, Pennsylvania 17246. He is divorced. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: NAME Plaintiffresides alone. RELATIONSHIP The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: NAME Dean Shank Ashley R. Murray Brittany Shank RELATIONSHIP Defendant's Husband Defendant's child Husband's daughter 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person, not 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 best interest and permanent welfare of the child will be served by granting the relief requested because: A. The child desires to reside with Plaintiff; B. Plaintiff is better able to care for the educational, emotional needs of the child. 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 BASIS OF CLAIM NONE WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the minor child to the Plaintiff, shared legal custody, and partial physical custody for Defendant. WEIGLE & ASSOCIATES, P.C. Richard L. Webber, Jr., Esquire Attorney for Plaintiff I.D.# 49634 126 East King Street Shippensburg, PA 17257 Telephom~ 717-532-7388 VERIFICATION I verify that the statemems made in the foregoing Complaint for 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 unswom falsification to authorities. Brian P. ]Murray ].~ BRIAN P. MURRAY PLAINTIFF V. STACY M. SHANK DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2008 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Wednesday, May 12, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja%queline M. Verney, Esq. , thc conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursdtay, May 27, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot bc accomplished, to define and narrow the issues to bc heard by' thc court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to a0pcar at thc 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: Is/ facqueline M. Verney, Esq. Custody Conciliator rnhc The Court of Common Pleas of Cumberland County is requin:d 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 17t)13 Telephone (717) 249-3166 BRIAN P. MURRAY, Plaintiff V. STACY M. SHANK, Defendant HAY 2 7 004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-2008 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this lq{. day of ~]~,4.~ c_~ ,2004, upon consideration of the attached Custody Conciliation Report, iit is ordered and directed as follows: 1. Mother, Stacy M. Shank, shall have sole legal custody of Ashley R. Murray, bom April 26, 1990. 2. Mother shall have primary physical custody of the child until June 13, 2004, when the parties shall share physical custody of the child on a week on/week off basis. Father shall have the first week. The transfer day and time shall be Sundays at 6:00 p.m. The non-custodial parent shall have physical custody of the child on Wednesdays from 6:00 p.m. to 8:00 p.m. 3. Father shall have physical custody of the child on Memorial Day from 11:00 a.m. to 6:00 p.m. 4. The parties shall have liberal telephone conlact with the child. 5. Father shall be responsible for all transportation. 6. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modi~? the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another conciliation conference is scheduled for August 6, 2004 at 8:30 a.m. BY THE CO'URT, cc.~_ c.h,~. L. Webber, Esquire - Counsel for Father t~ ~len Waltz, Esqmre Counsel for Mother ~ ] I HAY 2 7 BRIAN P. MURRAY, Plaintiff V. STACY M. SHANK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2004-2008 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 1N CUSTODY OF Ashley R. Murray April 26, 1990 Mother 2. A Conciliation Conference was held in this matter on May 27, 2004. Father, Brian P. Murray, was present with counsel, Richard L. Webber, Esquire, and Mother, Stacy M. Shank, was present with counsel, Galen Waltz, Esquire. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley dated March 17, 1994 providing for Mother having full legal custody and primary physical custody. Father had partial physical custody of the child in the summer for two weeks and such other times as the parties agreed. 4. By mutual agreement, Father was receiving additional overnights during the week until child's grades began dropping. Recently Father was receiving alternating weekends. Date The parties agreed to an Order in the form as attached. /6cq~f~line M. Vemey, Esquire Custody Conciliator JUL 2 8 2004 BRAIN P. MURRAY, Plaintiff V. STACY M. SHANK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2004-2008 CIVIL TERM : : IN CUSTODY _ORDER OF COURT AND NOW, this ~0~L da ~ ('~ '~ consideration of the a,ac~eed Cus~od}-y~°'- .... ~~, 2004, upon y ,~oncmano,,n KetY/~rt, it is ordered ~d ' as follows: d~rected 1. A Hearing is scheduled in Court Room No. ~ _, of the Cumberland oC';~o2~ C~_UT. MH.,°~ste~v~;~h;~tttesO~t,md;Yn°L~~., 2004 at lO ;o~ ' · y m! oe tal~n. For purposes of~i---~earing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court .and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Heating and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated June I, 2004 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THF~URT, gar B. Bayley, ~ ~ cc: Richard L. Webber, Esquire, counsel for Fathe) .._ Galen Waltz, Esquire, counsel for Mother ~ ~4.~ '-~ 3al_t5¢ BRAIN p. MURRAY, Plaintiff V. STACY M. SHANK, Defendant : IN THE COURT' OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004-2008 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, thc undersigned Custody CunciHator submits thc following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURILENTLY IN CUSTODY OF Ashley R. Murray April 26, 1990 shared 2. A Conciliation Conference was held July 27, 2004 with the fo/lowing individuals in attendance: The Father, Brian P. Murray, with his counsel, Richard L. Webber, Esquire, and the Mother, Stacy M. Shank, with her counsel, Galen Waltz, Esquire. 3. The Honorable Edgar B. Bayley previously entered an Order of Court dated June 1, 2004 providing for Mother to have sole legal custody and the parents to have shared physical custody on a week on/week off basis beginning June 13, 2004. 4. Mother's position on custody is as follows. She seeks sole legal and primary physical custody with Father having alternating weekends. The only issue is whether shared physical custody would be advantageous to the child's education. The child failed two subjects this past school year while i ~ ' ' n Moth,~r s primary care. Mother registered her for summer school. Mother maintains that the, summer experiment of week on/week off has not worked and cites numerous failures of Father regarding uncompleted homework assignments and missed teacher appointments for' summer school. She asserts that Father told the child sumrner school is not important. She complains that Father leaves the child at home alone during work hours; that he let the child drive a car on back roads, albeit supervised, and purchased an excessively short skirt for her. Lastly Mother complains that she could not reach the child by phone on several occasions and that the phone was shut off. She does admit that Father abided by the drop off and pick up times of the Order. 5. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week offbasis. Father maintains that the summer experiment of week on/week off has worked. He asserts that the child is happy with the arrangement. He denies Mother's allegations that he did not monitor homework completion and did not get the child to the teacher reviews. He claims the teacher reviews were not mandatory and homework was on no set schedule. He claims that Mother let the child wear the skirt complained of. His cell phone did experience difficulty, but that the child has a cell phone that Mother could have reached her on. Father maintains that he took the summer school seriously and shared physical custody with him during the school year would be beneficial to the child. Father claims that the child is left home when Mother is at work to baby sit her eleven-year old half sibling. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the week on/week off schedule. It is expected that the Hearing will require one-half day. Date · Vemey, Esquire Custody Conciliator BRIAN P. MURRAY, PLAINTIFF V. STACY M. SHANK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-2008 CIVIL TERM ORDER OFCOURT day of August, 2004, following a hearing on AND NOW, this the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Brian P. Murray and Stacy M. Shank shall have joint legal custody of Ashley R. Murray, born April 26, 1990. (3) During the school year, the mother shall have primary physical custody of Ashley. The father shall have periods of temporary physical custody as follows: (a) Every other Thursday from after school until Monday at the beginning of school. (b) During the week preceding the weekend in which Ashley is with her mother, every Wednesday from after school un~til Thursday at the beginning of school. (4) During the summer school vacation period Ashley shall spend alternate weeks with each parent with exchanges on Sunday evenings. (5) The parents shall arrange for holiday time with ~s~y~y a~eement. BY ~,~'C°urt, Edgar ~'VB~ Y' J' ('~7 Richard Webber, Esquire For Brian P. Murray Galen Waltz, Esquire For Stacy M. Shank :sal