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Home My WebLink About09-7119ROBERT W. SHIELDS, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2009 - 7119 CIVIL TERM GRETCHEN E. SHIELDS, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Robert W. Shields, Jr., by her attorneys, Irwin & McKnight, P.C., and presents the following Complaint for Custody. 1. The Plaintiff, Robert W. Shields, Jr., is an adult individual with an address of 89 Channel Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Gretchen E. Shields, is an adult individual with an address of 1640 Spring Road, Apartment #2, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) child, namely, Garret W. Shields, born June 27, 2002. 4. The Plaintiff, Robert W. Shields, Jr., desires that the parties have shared legal custody of the minor child, Garret W. Shields. 5. The Plaintiff, Robert W. Shields, Jr., desires shared physical custody of the said minor child, Garret W. Shields, as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Robert W. Shields, respectfully requests that he be awarded shared physical custody and shared legal custody of the minor child, Garret W. Shields, as provided herein. Respectfully submitted, IRWIN & McEMGHT, P.C. By: 1 1 I Marcus A. McKnig4, III V E Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3: (717) 249-2353 Supreme Court I. D. No. 25476 Date: October 16, 2009 FILEC, 47- t "TAR 2039 01 T 16 PM 4: 05 L,tllM;. 411,5. i 3w vm/j/l? VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ROBERT W. SHEILDS, Date: October 16, 2009 ROBERT W. SHIELDS, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. GRETCHEN E. SHIELDS, Defendant. CIVIL ACTION - LAW 2009 - 7118 CIVIL TERM IN DIVORCE 2009 -7119 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE I, ROBERT W. SHIELDS, JR., a competent adult, being duly sworn according to law, depose and say that at approximately bl: 40..m. on October A 2009, I personally served by hand delivery to Gretchen E. Shields the Complaint in Divorce in reference to the above- captioned case as well as the Complaint for Custody: To: Gretchen E. Shields 1640 Spring Road, Apartment #2 Carlisle, PA 17013 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unworn falsification to authorities. Date: lZf`awl,,- ?21120 D 7 Sworn and subscribed before me this c? 1 ! 1 day of October,20W. 9"1- k-.,/ 'ki't '?' ROBERT W. SHIELDS, f Notarial l g N L Noel. Notary Public Coro, Cumberland Cour FlLLu-0 . ur THE r,"7ARY 2009 0C T 21 PH 3: 19 GI,?Pf , I ROBERT W. SHIELDS, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-7119 CIVIL ACTION LAW GRETCHEN E. SHIELDS . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, October 27, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 13, 2009 _ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILE -40FACE OF THE PROTt-!ONOTARI 2009 OCT 27 PM 2: 40 CUMB?=.r ,-"?UNTY PPNNSYLVA"I?A NOV 1 3 2009, ROBERT W. SHIELDS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW GRETCHEN E. SHIELDS, NO. 2009-7119 Defendant IN CUSTODY COURT ORDER AND NOW, this ' ~ ~~ day of November, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The attached Custody Stipulation marked Exhibit `A' is incorporated as an Order of Court with the terms of the Stipulation enforceable as a Court Order. 2. In the event either party in the future wants to modify this Order, that party may petition the Court to have the case again scheduled before a Custody Conciliator for a Conference. BY THE COURT, cc: ~ rcus A. McKnight, III, Esquire ./ Ms. Gretchen E. Shields iES /YL~6~ i~~~ 4 `04 ~rr~ ROBERT W. SHIELDS, Plaintiff vs. GRETCHEN E. SHIELDS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-7119 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 parties, through Attorney Marcus A. McKnight, III, submitted a Custody Stipulation to the Conciliator for adoption by the Court. 2. The Conciliator recommends an Order in the form as attached. Date: ~~" « , 2009 Hubert X. Gilroy, Esquire Custody Conciliator // ~_ 1 , ...~I ... irr/ ~~. ,. .C. i. ..~ ROBERT W. SHIELDS, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2009 - 7119 CIVIL TERM GRETCHEN E. SHIELDS, Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, this~~ day of November 2009, the parties, ROBERT W. SHIELDS, JR. and GRETCHEN E. SHIELDS hereby enter into the following Custody Stipulation and Agreement regarding their minor son, GARRET W. SHIELDS: 1. The Plaintiff, Robert W. Shields, Jr., is an adult individual who resides at 89 Channel Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Gretchen E. Shields, is an adult individual who resides at 1640 Spring Road, Apartment #2, Carlisle, Pennsylvania 17013 3. The parties are the natural parents of one (1) child, namely, Garret W. Shields, born June 27, 2002. 4. The parties agree to have shared legal custody of the minor child, Garret W. Shields. EXHIBIT 2 5. The Plaintiff/Father and Defendant/Mother shall have shared physical custody of Garret W. Shields with equal over-night custody to each party as they agree is in the best interest of their son. 6. The parties will share custody of Garret W. Shields during all holidays as they agree is in the best interest of their son. 7. The parties shall provide for vacation custody of Garret W. Shields during the summer as they agree is in the best interest of their son. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medial emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 3 10. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 11. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 4 14. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: ~~ ~' (SEAL) ROBERT W,~ SH ELDS, JR. " ' n 1 ~ ~' (SEAL) GRETCHEN E. SHEILDS 5