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HomeMy WebLinkAbout09-8187RENEE S. SHAFFER, Plaintiff vs. SCOTT B. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 07- 81 k 7 Civil Term IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Renee S. Shaffer who currently lives at 726 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Scott B. Shaffer, who currently lives at 19 N. 4th Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff is the Mother of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Haven Renee Shaffer 10/3/98 726 Allenview Dr., Mechanicsburg, Pa. Declan Scott Shaffer 11/5/99 726 Allenview Dr., Mechanicsburg, Pa. Mother and Father were married January 29, 1995. Mother currently has primary physical custody of the children. During the past five years, the children have resided with the following persons and at the following addresses: NAME Renee S. Shaffer Scott B. Shaffer Renee S. Shaffer Scott B. Shaffer Renee S. Shaffer ADDRESSES DATES 726 Allenview Drive 2004 - April 2009 Mechanicsburg, Pa. 17055 726 Allenview Drive April 2009 - 11/1/09 Mechanicsburg, Pa. 17055 19 N. 4th St. 11/1/09 - 11/8/09 Harrisburg, Pa. 726 Allenview Drive 11/1/2009 - present Mechanicsburg, Pa. 17055 The mother of the child is Renee S. Shaffer. She currently resides at 726 Allenview Drive, Mechanicsburg, Cumberland County, Pa., 17055. She is married to Scott Shaffer. The father of the child is Scott Shaffer. He currently resides at 19 N. 4th St., Harrisburg, Dauphin County, Pa. He is married to Renee Shaffer. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the children. 5. The relationship of defendant to the child is that of Father. The defendant currently lives alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: The parties separated in April 2009 when Father left the marital home. Mother remained in the home with the children. On or about November 1 2009 Father took the children and told Mother he would not return them until Mother signed Father's proposed marriage settlement agreement Father did eventually return the children and the have remained with her rimaril since November 8 2009. Mother is requesting a court Order which provides for shared legal custody, and confirms that Mother has primarv physical custody and provides specifically defined periods of partial physical custody for Father, 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Date: „H09 Respectfully submitted, ,ye Adams, Esquire . No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 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. §4904 relating to unsworn falsification to authorities. Date l?'as/o9 Renee S. Shaffer, P intiff PLED-0:,. R CE ^E TH1E M-,; ` ?NOTARY 2004 NOY 25 AN, 11 : 5L; UN iry t`' l f J v! VTit r r r.?.. VP 41_ 6 IL5'.S"v GZ .S l? 9 P ?.c.J,- ? 3 y 1 3 S4 C,_,t,_ ?,, /7/D/ - ~. ~ RENEE S. SHAFFER IN THE COURT OF COMMON PLF,AS OF Pi..A(NT1FF CUMBERLAND COUNTY, PENNSYLVANIA v. SCOTT B. SHAFFER DEFFNI)ANT • 2009-8187 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT f1ND NOW, ___ _, Friday, July 02, 2010 ,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 Thursday, August 12, 2010 at 9:00 AM ti)r a Pre-l-lcaring Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this calv~ot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. ]allure to appear at the conference may provide grounds for entry ofa temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Suecial 12ciief orders, and Custody orders to the conciliator 4$ hours prior to scheduled hearing. FOR. THE COURT. By; /s/ ohn .Man an r. Es . Custody Conciliator "hhe Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. Ail arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled col~lference ar hearil~g. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU UO NOT FIAVI~ AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET f=ORTi-1 E3EL_OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland C t ~ B~ A ~ Q OUn y dC SSOCidtl011 ~~ ~ ~ 32 South Bedford Street Carlisle, Pennsylvania 17013 -~t~'~ ._. _:a =~ r: ~-- c-- ~ v C~ ~~ ~ ~~ 7•a• Io Telephone (7 l 7) 249-3166 c :''- ~ `. N ~~ ~~ t- ~~ . 7.2 ~ 1 o co ~ aced ~ n /Can an s ~' ~~' ~ ~:. °° ~c l~ ~.--^_ _3 ~" ~:.>, -.;__. --> ~>>~ri RENEE S. SHAFFER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09 - 8187 Civil Term SCOTT B. SHAFFER, IN CUSTODY ~ q f1 ~.,',,. Defendant/Petitioner CIVIL ACTION -LAW ~ 4 ~£~ t = ~? ,~~ ~ PLAINTIFF'S RESPONSE TO DEFENDANT'S - ~ PETITION FOR SPECIAL RELIEF > :_~ -,- ~r c _,.. AND NOW COMES, Respondent, Renee S. Shaffer, by and through I~r M .~ attorney, Jane Adams, Esquire, and responds to Petitioner's Emergency Petition for Special Relief, and in support thereof, avers the following: 1. Admitted. Petitioner is Scott B. Shaffer, father of the minor children, Haven R. Shaffer, born 10/3/98 and Declan S. Shaffer, born 11/5/99. 2. Admitted, Respondent is Renee S. Shaffer, mother of the minor children. 3. Admitted. An Order of Court was entered on January 11, 2010, following conciliation, under which the parties have legal custody, and share physical custody on a week on, week off basis. 4. Admitted that Father is requesting primary physical custody, however, Mother denies that his request is in the best interest of the children. 5. Admitted. Mother has cooperated, and the parties recently received an offer on the home and it is anticipated final settlement will be in approximately one month. 6. Denied. Mother denies that the home is in a condition un-suitable for the minor children. 7. It is admitted that Mother's brother and son are living in the home; however, it is anticipated that home will be sold soon due to the pending sales agreement. 8. Admitted in part, denied in part. The couple's daughter has set up a bedroom in the basement of the home. However, the child wanted to move into her own separate space in the basement, and the basement is fully furnished and entirely appropriate for a child of her age. 9. Admitted that the prior order provides neither party shall use alcohol to the point of intoxication, or possess or use illegal drugs, and that the parties shall assure, "to the extent possible" that household members or guests comply with this provision Mother has followed this provision and the other household members do not use illegal drugs or use alcohol to the point of intoxication around the children. 10. Mother strongly denies that the other members of her family and household guests are routinely drinking excessively an using illegal drugs in Mother's home during her periods of custody. 11. Denied in part. The electric in Mother's home was off for only one day, when the children were not there. Additionally, approximately nine months ago, Father stole the plate off the electric panel in the back, to shut the electric off, while Mother was living there. PPL eventually put a special lock on the box to prevent further tampering. 12. Mother denies Father's characterization of the incident regarding Haven's toes. Upon finding that the child's toes were ingrown and infected, Mother set up an appointment with the family doctor. Mother has taken the child to the doctor for medical treatment, several times, since the filing of Father's petition. 13. It is admitted that Mother leaves the children at home at times, however, given the children's ages, and the fact that a neighbor regularly checks on them, she denies that such is inappropriate given the circumstances. The children are also alone while Father is working and they are in his home. 14. It is denied that Mother has told the children that they cannot contact her for emergency reasons. It is admitted that Mother has advised both Father and the children not to call her 10-15 times per day as this could jeopardize her job. On the other hand, Father has been refusing to let the children call Mother, while they are in his care. 15. Denied. Mother does not leave the children at home alone with no method of contacting her. 16. Denied. There is no reason to change the current custody arrangement, and Mother believes that Father's request is not in the best interest of the children. 17. Denied. There is no reasonable basis upon which to change the current schedule of physical custody. Mother denies it would be in the best interest of the children to deny her regular and ongoing contact, as Father proposes. NEW MATTER 18. There is a current PFA Order in place against Father. 19. On Sunday, June 27, 2010, Father came unannounced to Mother's place of residence, with his sister and nephew. 20. Mother came downstairs after she heard loud voices. Father said to Mother, "I am going to ensure that you the children don't have a home. I am going to evict all of you." 21. Mother's nephew then called the police who arrested Father for a PFA violation. 22. A hearing on the PFA violation is currently set for July 13, 2010. 23. After this incident, there was a referral made against Mother to Children and Youth. 24. A Children and Youth caseworker came to Mother's home and Mother cooperated with the caseworker. No serious concerns were reported, and the children are not dependent. 25. Father told Mother that "this was her punishment for getting him arrested." 26. Father has been withholding custody of the couple's child, Declan, and will not let Mother talk to Declan or see him, since the earlier incident occurred. 26. On Saturday, July 3, 2010, Mother dropped the couple's daughter, Haven, off at the Allenview pool, where Father's wife agreed to pick her up. 27. Later that day, Father locked the child out of his home and advised her he did "not want her." 28. The child called a friend, who called Mother, and Mother went to pick the child up. When she got to Father's house, she heard the child crying and went into Father's apartment building. 29. Mother turned around, and saw Father, his Wife, and the children in Father's car. Father was calling the police. 30. Mother got back in her car. The police came. Mother was told by the police that Father had "tried to set her up." 31. Father has been repeatedly withholding custody of the parties' son, and has threatened to withhold custody of the parties' daughter as well. 32. Mother reasonably believes that Father will unilaterally withhold custody of the children. 33. Father filed a petition for modification, and a conciliation hearing has been set for August 12, 2010. 34. The children are due to be returned to Mother this coming weekend. Mother is requesting that Father be specifically directed to return the children to Mother, pursuant to the prior custody Order in this matter, and follow the week on, week off schedule, pending conciliation, hearing, and further Order of Court, or agreement. 35. This matter was previously referred to Judge Ebert. 36. Father is not in agreement with the relief requested, and he has repeatedly and unilaterally refused to honor the custody Order, of January 11, 2010, which was entered by this Honorable Court. i WHEREFORE, Plaintiff requests the court to direct Father to follow the custody order of January 11, 2010 and refer this matter to conciliation. Respectfully submitted, oa~ ~~~~~ J e Adams, Esquire ~ I . No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER RENEE S. SHAFFER 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. §4904 relating to unsworn falsification to authorities. 5~ Date: ~ ~ !~ Renee S. Shaffer, Plai /Respondent CERTIFICATE OF SERVICE AND NOW, this 7`h day of July, 2010, I, Jane Adams, Esquire, do hereby certify that I did serve a true and correct copy of the foregoing by depositing same with the United States Postal Service, First-class mail, postage pre-paid, addressed to the following: Kara W. Haggerty, Esquire 2 West High St. Carlisle, Pa. 17013 (717) 249-0900 Attorney for Father Signed: J e Adams, Esquirf 1 W. South St. arlisle, Pa. 17013 (717) 245-8508 Attorney for Mother ~'l RENEE S. SHAFFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-8187 CIVIL ACTION LAW SCOTT B. SHAFFER 1N CUSTODY DF...FF.NDANT ORDER OF COURT AND NOW, Friday, July 09, 2010 ,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 Thursday, August 12, 2010 at 9:00 AM for aPre-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/ john j. Mangan, Jr., Esq. ,~~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. ~'ou 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. ,~ 't"O ~- ta•~~ `Cumberland County Bar Association ~~, ~ ~'~ 32 South Bedford Street Carlisle, Pennsylvania 17013 ~~~ ~~S Telephone (717) 249-3166 ~ u4 c> i_;'' ~~ ~, c ~~_. r~., .r-~- _, _.;-, -`, ~. :~ ~a • ~ ~ ~~ place. c~ ~~ l~-tcn~czn ~ --5; le.. 7 `~ A~ .~- Yi~i~l L ~ -~~Y i~SO ~E.~ 1 ~ F~~ 2: i~ RENEE S. SNAPPER, Plaintiff/Petitioner vs. IN THE COURT OF COMIUfO'I~1~i~~~'J4`l5'' : CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 8187 Civil Term SCOTT B. SNAPPER, IN CUSTODY Defendant/Respondent CIVIL ACTION -LAW PLAINTIFF'S PETITION FOR SPECIAL RELIEF , AND NOW COMES, Respondent, Renee S. Shaffer, by and through her attorney, Jane Adams, Esquire, files the following Petition for Special Relief and Contempt, and, in support thereof, avers the following: 1. Petitioner is Renee Shaffer, (hereinafter "Mother") and is represented by Jane Adams, Esquire. 2. Respondent is Scott B. Shaffer, (hereinafter "Father") and is represented by Kara Haggerty, Esquire. 3. An Order of Court was entered on January 11, 2010, following conciliation, under which the parties have legal custody, and share physical custody on a week on, week off basis. 4. There is currently a PFA Order entered against Father which was entered in Cumberland County on December 4, 2009. 5. On or about June 27, 2010, ,Father came to Mother's home uninvited. He was later charged with a PFA violation. The hearing on that matter was continued for 90 days. 6. Since the time of the PFA violation, Father has refused to return the minor children to Mother or follow the custody Order of January 11, 2010. #70. oo PQ ~-T1h/ e# ~?9 ~ a~sa~~ 7. Father filed an Emergency Petition to Relief, seeking to seize primary custody of the children unilaterally, without a custody hearing, but this Honorable Court referred his petition to conciliation. 8. Since Father has been unilaterally withholding the children, he has refused to regulary let Mother speak to the children on the phone or communicate with them. Any phone cal{s have been monitored by Father. 9. Father has been discussing the custody matter with the children, tainting the children against Mother, and has been repeatedly telling Mother that neither child wants to come with her. 10. Father told Mother that "she should have never had him arrested" and he is paying her back and "giving her a taste" of her own medicine. 11. Mother is extremely concerned about the children has demanded their immediate return pursuant to the custody Order. 12. Mother's counsel has repeatedly called Father's counsel and has been unable to get assurance that Father will return the children. 13. Despite Mother and her counsel's repeated requests, Father continues to unilaterally withhold the children, in contradiction to the current court Order, refuses to observe the provisions of the court Order; therefore Father should be held in Contempt. 14. Mother is requesting the following relief: (a) That Father be directed to immediately return the children, and if he does not, immediately suffer a fine or be imprisoned. (b) That Mother be granted at least three weeks make-up time with the children, due to the time that Father unilaterally withheld the children. (c)Any other relief deemed appropriate, including Mother's legal fees. (d) That Mother be allowed to immediately unilaterally enroll the children in individual counseling, in order that they can learn to cope with Father's combative and toxic attitude towards Mother and learn to deal with the stress and pressure of the ongoing custody litigation. WHEREFORE, Mother requests the court to direct Father to follow the custody order of January 11, 2010, and find Father in contempt. oa~e ~~5 /(A Respectfully submitted, ~ane Adams, Esquire D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER RENEE S. SNAPPER 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. §4904 relating to unsworn falsification to authorities. ~~7~jS~lo ~. Re a S. Shaffer, Plainti etitioner CERTIFICATE OF SERVICE AND NOW, this ~ day of July, 2010, I, Jane Adams, Esquire, do hereby certify that I did serve a true and correct copy of the foregoing by depositing same with the United States Postal Service, First-class mail, postage pre-paid, addressed to the following: Kara W. Haggerty, Esquire 2 West High St. Carlisle, Pa. 17013 (717) 249-0900 Attorney for Father Signed: ~e Adams, Esquire W. South St. ~rlisle, Pa. 17013 17) 245-8508 torney for Mother `w RENEE S. SNAPPER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT B. SNAPPER, DEFENDANT NO. 09-8187 CIVIL IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 14th day of July, 2010, upon consideration of Scott Shaffer's Emergency Petition for Special Relief, Renee Shaffer's Response thereto, and the Court noting that this matter is scheduled for a custody conciliation hearing on Scott Shaffer's new Motion to Modify Custody on August 12, 2010, IT IS HEREBY ORDERED AND DIRECTED that Scott Shaffer's Emergency Petition for Special Relief is DENIED. Pending the Conciliation hearing on August 12, 2010, the previous custody order providing for week on/week off custody will remain in effect. By the Court, ~~ M. L. Ebert, Jr., ~ Jane Adams, Esquire Attorney for Plaintiff Kara Haggerty, Esquire J. Attorney for Defendant ~, Q John Mangan, Esquire ~~''~- ~' ---~ ~ ~ ~~r i Custody Conciliator ~- - a= :_ ~ bas CppieS /~, ~e~ 7l/~Ilv ~~~' _ ~= -~ _, r .. : r; z~ N ~ _ ~ ~ ~G RENEE S. SNAPPER, PLAINTI V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT B. SNAPPER, DEFEND NT AND NOW, this NO. 09-8187 CIVIL ORDER OF COURT 16th day of July, 2010, in order to provide clarification of this Court's order dated Jul~r 14, 2010; IT IS HEREBY ~RDERED AND DIRECTED that custody of Haven R. Shaffer, (DOB: 10/3/98) and D clan S. Shaffer, (DOB: 11/05/99) will be transferred to the Mother, Renee Shaffe , at 6:00 p.m. on Sunday, July 18, 2010. The Mother will retain custody of the children until 6:00 p.m. on Sunday, July 25, 2010, and then the week on/week off custody s hedule outlined in the Order of Court dated January 11, 2010, will be in effect pendin~ the conciliation scheduled for August 12, 2010. IT IS FURTHER ORDERED AND DIRECTED that failure of the parties to comply with this Order will su YJane Adams, Esquire Attorney for Plaintiff VIA FACSIMILE: 241 ~ Kara Haggerty, Esqui Attorney for Defendar VIA FACSIMILE: 24~ vJohn Mangan, Esquire Custody Conciliator VIA FACSIMILE: 241 ct an offender to the contempt powers of this Court. 56 ~ N ~ ~i -~"t _ _, ~ - ~r< G L'? - ~_ _~ _ ~ `~ By the Court, M. L. Ebert, Jr., J. bas J ~pP;GS rrt a ~ ~~ 7/ ~~l / t~ ~~ 0 . ~ RENEE S. SHAFFER, Plaintiff/~ IN THE COURT OF COMMON PLEAS dent :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09 - 8187 Civil Term SCOTT B. SHAFFER, IN CUSTODY Defenda t/Petitioner CIVIL ACTION -LAW ~ a =~; =~ ~ c_ -~ P INTIFF'S RESPONSE TO DEFENDANT'S '~~ '.~ '~ ~:; ~- ~= S COND PETITION FOR SPECIAL RELIEF `-~~ ` ~- - ._,,. AND NOW CO ES, Respondent, Renee S. Shaffer, by and through,~i?r w ~: . , - attorney, Jane Adams, Esquire, and responds to Father's second petition for ~~ Q ~~' Emergency Relief withi~ two weeks, and in support thereof, avers the following: 1. Admitted. petitioner is Scott B. Shaffer, father of the minor children, Haven R. Shaffer, born 10/3/98 and Declan S. Shaffer, born 11/5/99. 2. Admitted, Respondent is Renee S. Shaffer, mother of the minor children. 3. Admitted in p~rt, denied in part. The conciliation is now scheduled for August 3, 2010 at 2:30 p.m. other's counsel is also on vacation out-of-state from Friday, July 23, 2010 through ugust 1, 2010. 4. Admitted, ho~rever the conciliation is now scheduled for August 3, 2010. 5. Admitted. Fa~her finally returned the children pursuant to this Court's Order of July 16, 2010, but n until Monday July 19, 2010 at 6:00 p.m., a full day later than directed by the Order. ather knew he was supposed to return them Sunday night but told Mother, "He was o t of town and he would not be back until late." 6. Denied nephew, Eric Bailey; is not leaving the children in the care and custody of her does leave the children at home. A representative of Cumberland County~Children and Youth came out to the home about three weeks ago and did not have 7. Admitted. 8. Admitted. 9. It is denied concerns. Father should be in fear of the children's safety as they are not in the care and cus ody of Eric Bailey. In addition, Eric Bailey is not a danger to to the children, and the charges have nothing to do with Endangering the Welfare of Children. 10. Denied. Eri Bailey is not a danger to himself, to children, or anyone else. Father is merely attem t to unilaterally thwart the Court Order without going through a conciliation or full heari g, where Mother's side could be presented. 11. Denied. In ddition, Eric Bailey is not anticipated to be living with Mother for any extended period of time, as the marital home recently sold, and Mother will be moving into a new resi~ence with the children, and without Eric Bailey. The closing date for the sale of the ~ome is August 30, 2010. 12. Mother has i knowledge as to what the Swatara Township Police know. 13. Eric Bailey ~is staying at his girlfriend's house, to the best of Mother's knowledge and belief. ~ Mother avers that it is not in the best interest of the children for Father to continue attempt to thrwart custody and to taint the children against Mother. 14. Denied. Father has left the children at home alone while he is working too. a. Denie .Mother has told the children not to contact her 15 times a day when sh is at work so her employment is not jeopardized. She has told the child n that they can contact her if there is an emergency. She also has a cel phone and they can text her or call her on the cell phone. b. There was a period of time when Father was contacting Mother 10-15 ti es per day and being argumentative. There is a PFA in Place an Mother's job was in jeopardy. Mother told Father to text her r call her on her new cell phone if he must contact her. Father contacte Mother on July 19, 2010 to discuss when he would be returning the childr n, a day late. He became argumentative and accusatory. Mother h s to hang up because she had clients waiting for her. c. Denie. This is not an issue because they can contact her, just not 15 ti es per day. 15. It is admitted that Father could have found a babysitter. However, Father has not discussed this ~nrith Mother in a civilized fashion, or disclosed the identity or address of such babysi~ter. Therefore, Mother does not agree. 16. Mother does not have a clear indication of what the children desire because Father has been unilaterally withholding physical custody of the children for approximately three weeks, and did not return them until a day after he was supposed to, pursuant to July 16, X2010 court Order. Father said he was not going to return them because he "read the Court Order and was not afraid of the Judge" and they "weren't going to do anything to one." In addition, Father has been discussing the custody matter with the children, while ~e was unilaterally withholding custody, and Mother believes that their opinions a. Denie before th Act like t not want after Fatl Mother's been tainted by Father's relentless discussion of this matter. i that the children got upset and ill. This may have happened 'y returned to Mother and while Father was pressuring them to ey did not want to return. It is admitted that Declan said he did o come back. However, once they finally came back to Mother er's unilateral withholding of physical custody, and heard side of the story, then the children were happy to stay. b. It is a miffed that the children said that they do not want to reside with Mot er. However, this is only after Father's repeated and relentless coaching during the three weeks in which he refused to let Mother have any access to the children and acted in blatant contempt of the Court Or er. 17. Denied. Th~ "impending arrest" does not pose a threat to the children. Father is using this event in yet another repeated attempt to seize custody, without a conciliation or hearing, at which Mother's side could be fully heard. 18. Denied. It vlrould be extremely damaging for the children to reside only with Father, pending the co ciliation, because of his relentless discussion, pressure, and coaching of the childre He has repeatedly told the children what to say, told them inaccurate versions of a truth and put pressure on them to testify to certain things to the Court. To the co trary, it would be in the best interest of the children to remain only with Mother pendi g the concilation due to the extreme amount of psychological damage which Father as inflicted upon the children, and his need for revenge against Mother due to a recent reported PFA violation. 19. Denied. 20. Admitted. ounsel did receive a voice mail from Father's counsel, and received an e-mailed py of the petition. Mother finally got the children back on Monday, after three w eks of Father withholding custody. Mother's counsel is on vacation the week of J ly 26'h. Father is scheduled to have the children back next week, due to the week on/week off schedule. WHEREFORE, other asks that this Honorable Court deny Father's petition and refer this matter to the ugust 3, 2010 conciliation. Respectfully submitted, e Adams, ~squ e`~ . No. 79465 1 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER RENEE S. SHAFFER ATTORNEY VERIFICATION Undersigned 1. She is the 2. She is msel, Jane Adams, Esquire, hereby verifies and states that: of record for Renee Shaffer. to make this verification on her behalf. 3. The facts se forth in the foregoing response as known to her and not necessarily to her clie t. She reviewed this response with her client via telephone on or about 2:40 p.m. on Jul 20, 2010. 4. The facts se~ forth in the foregoing response are true and correct to her to the best of her knowledge, information, and belief. 5. She is awar that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 lating to unsworn falsification to authorities. Date: t~ e Adams, Esquire . South St. rlisle, Pa. 17013 ~rney for Renee Shaffer CERTIFICATE OF SERVICE AND NOW, this `h day of July, 2010, I, Janpe,A~dams~, E~,s~q'uire, do hereby certify that I did serve a true and correct c py of the foregoing by - " ' ~ ~ " ame stal addressed to the following: Kara W. Haggerty, Esq 2 West High St. Carlisle, Pa. 17013 (717) 249-0900 Attorney for Father Signed: Jan Adams, Esquire 1 .South St. lisle, Pa. 17013 7) 245-8508 Attorney for Mother ._ ~_ _:, .. ~~ ,: is ; _._~_- ~'~ RENEE S. SHAFFER, Plaintiff/P vs. SCOTT B. SHAFFER, Defenda GVid~'~ ... _IU~V I i r.`.. ~ rr.~ u.. IN THE COURT OF COMMON PLEAS inner CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 8187 Civil Term IN CUSTODY dent CIVIL ACTION -LAW 'S PETITION FOR CONTEMPT AND NOW ES, Respondent, Renee S. Shaffer, by and through her attorney, Jane Adams,~Esquire, files the following Petition for Special Relief and Contempt, and, in support thereof, avers the following: 1. Petitioner is Renee Shaffer, (hereinafter "Mother") and is represented by Jane Adams, Esquire. 2. Respondent) is Scott B. Shaffer, (hereinafter "Father") and is represented by Kara Haggerty, Esquir . 3. An Order of ourt was entered on January 11, 2010, following conciliation, under whi h the parties have legal custody, and share physical custody on a week on, week off b sis. 4. There is currently a PFA Order entered against Father. 5. On or about June 27, 2010, ,Father came to Mother's home uninvited. He was later charged with a PFA violation. The hearing on that matter was continued for 90 days. 6. Since the ti a of the PFA violation, until July 20, 2010, Father refused to return the minor childr n to Mother or follow the custody Order of January 11, 2010. ?D - DD~ 6 ~~ V ~~~ ~' ~~Ss~~ 7. Father filed custody of the children referred his petition to ~ in Emergency Petition to Relief, seeking to seize primary unilaterally, without a custody hearing, but this Honorable Court :onciliation. 8. While Fathe was unilaterally withholding the children, he refused to let Mother speak to the c ildren on the phone or communicate with them and was repeatedly coaching th m and making disparaging comments about Mother. 9. Father has een discussing the custody matter with the children, tainting the children, and has bee repeatedly telling Mother that neither child wants to come with her. 10. Father told Mother that "she should have never had him arrested" and he is paying her back and " iving her a taste" of her own medicine. 11. Mother is care. 12. Pending th counsel repeatedly cal Father would return thi concerned about the children when they are in Father's resolution of the Petition for Emergency Relief, Mother's ~d Father's counsel was unable to get prompt assurance that children. 13. Father wo Id not return the children until entry of the second Order, issued, July 16, 2010. Father finally returned the children pursuant to this Court's Order of July 16, 2010, but n t until Monday July 19, 2010 at 6:00 p.m., a full day later than directed by the Order. Father knew he was supposed to return them Sunday night but told Mother, "He was o t of town and he would not be back until late." 14. A day afte returning the children, Father filed a Petition for Emergency Relief again trying tot rwart custody without a hearing. 15. Mother is uesting the following relief: (a) That other have make up time with the children due to Fa her unilaterally repeatedly withholding the children, from Aug st 3, 2010 until school starts. (b) That i Father does not follow the current court Order, or any of er subsequent Order, that this matter be scheduled for a hearing nd the Court consider finding Father in contempt, and fine him r consider a term of imprisonment. (c) That Father be directed to stop discussing this matter with the children. (d)Any of er relief deemed appropriate, including payment of a fine a d Mother's legal fees. WHEREFORE, otf Date: t~ er requests the court to find Father in contempt. Respectfully submitted, Jane dams, Esgwire . D. o. 79465 17 .South St. Ca le, Pa. 17013 (717) 245-8508 ATTORNEY FOR 'MOTHER RENEE S. SNAPPER ATTORNEY VERIFICATION Undersigned 1. She is the 2. She is auth inset, Jane Adams, Esquire, hereby verifies and states that: rney of record for Renee Shaffer. to make this verification on her behalf. 3. The facts se forth in the foregoing response as known to her and not necessarily to her clie .She reviewed this response with her client via telephone on or about 2:40 p.m. on Jul 20, 2010. 4. The facts se forth in the foregoing response are true and correct to her to the best of her knowledge, information, and belief. 5. She is awar that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 elating to unsworn falsification to authorities. o~. ~~~~ Haams, tsquire V. South St. isle, Pa. 17013 rney for Renee Shaffer .. CERTIFICATE OF SERVICE AND NOW, thisday of July, 2010, I, Jane Adams, Esquire, do hereby certify that I did serve a true and correct c~py of the foregoing by addressed to the following: Kara W. Haggerty, 2 West High St. Carlisle, Pa. 17013 (717) 249-0900 Attorney for Father John Mangan, Esquire 17 W. South St. Carlisle, Pa. 17013 Custody conciliator Signed: Jan dams, Esquire 17 South St. C 1' le, Pa. 17013 (7 ) 245-8508 Attorney for Mother a 20i0J~~Gl PM l~ I~ ,; ' ~~ ~i`a G~,tv.~° RENEE S. SNAPPER, Plaintiff/Petitioner vs. SCOTT B. SNAPPER, Defendant/Respondent JUL 212010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 8187 Civil Term IN CUSTODY CIVIL ACTION -LAW ORDER OF COURT AND NOW, this ~~~~ day of ~J~~ , 2010, Mother's petition for Contempt will be heard at the August 3, 2010 conciliation. cc: /Kara Haggerty, Esquire, for father ~ne Adams, Esquire, for mother G~~- ~ 1... art ~s ,•,,,,~ ~ ~, '7~a ~~~v ~~ By the Court: r RENEE S. SHAFFER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT B. SHAFFER, DEFENDANT NO. 09-8187 CIVIL ORDER OF COURT AND NOW, this 21St day of July, 2010, upon consideration of Scott Shaffer's Emergency Petition for Special Relief and Renee Shaffer's Response thereto, the Court noting that conciliation on this matter has been now scheduled to take place on August 3, 2010; IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Emergency Petition for Special Relief is DENIED at this time. This Court's previous custody order dated January 11, 2010, providing for week on/week off custody will remain in effect pending the conciliation hearing. The parties shall take note to the Order of Court dated July 16, 2010 providing clarification of the change of custody. By the Court, M. L. Ebert, Jr., J. ~ Jane Adams Es uire q Attorney for Plaintiff VIA FACSIMILE: 241-2456 ~ Q ` ./ Kara Haggerty, Esquire ~'`~ `" ~~ ~~ r~- Attorney for Defendant - '- ;-,~ `~ VIA FACSIMILE: 249-3344 ~`~ ~ ~ ~`~ ,, t ohn Mangan, Esquire ~_; _ ~ ~ , Custody Conciliator {'~ ;= c.., VIA FACSIMILE: 241-2456 ~~ `~ bas e~ ~ ~ ,~.~ ~ l£~ ~'~a.t `cv ~~1. RENEE S. SHAFFER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT B. SHAFFER, DEFENDANT N0.09-8187 CIVIL ORDER OF COURT AND NOW, this 16"' day of July, 2010, in order to provide clarification of this Court's order dated July 14, 2010; IT IS HEREBY ORDERED AND DIRECTED that custody of Haven R. Shaffer, (DOB: 10/3/98) and Dedan S. Shaffer, (DOB: 11/05/99) will be transferred to the Mother, Renee Shaffer, at 6:00 p.m. on Sunday, July 18, 2010. The Mother will retain custody of the children until 6:00 p.m. on Sunday, July 25, 2010, and then the week on/week off custody schedule outlined in the Order of Court dated January 11, 2010, will be in effect pending the conciliation scheduled for August 12, 2010. IT IS FURTHER ORDERED AND DIRECTED that failure of the parties to comply with this Order will subject an offender to the contempt powers of this Court. By the Court, ''Jane Adams, Esquire Attomey for Plaintiff VIA FACSIMILE: 241-2456 ~ Kara Haggerty, Esquire Attomey for Defendant VIA FACSIMILE: 249-3344 vJohn Mangan, Esquire Custody Conciliator VIA FACSIMILE: 241-2456 C~ T~ r.,-. ._; ^~R _~ bas ~pp~~S rka.Ied `~/llillL~ ~i~ AUG 0 5 2010 RENEE S. SHAFFER, Plaintiff v. SCOTT B. SHAFFER, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8187 IN CUSTODY r.,~ o ._., ~~ ,.~ .•~ ~-~ ;;r~~ ,~ ~r,~ _~3 ORDER OF COURT :~; ` ~ // __ •c :_~ AND NOW this ~o~ day of August 2010, upon consideration of the attached,Custo~ Conciliation Report, it is Ordered and Directed as follows: 1. The instant Order supersedes the prior Orders of Court entered in this matter in regard to custody. Additionally, Mother's Petition for Contempt is hereby held in abeyance pending further Order of Court. 2. Legal Custodv: The Father, Scott Shaffer, and the Mother, Renee Shaffer, shall have shared legal custody of Haven R. Shaffer, born 10/03/1998 and Declan S. Shaffer, born 11/05/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custodv: Mother and Father shall share physical custody of the Children week on/ week off as follows: a. Each parent shall have custody of the Children from Sunday 6:00 pm until the following Sunday at 6:00 pm. The parties shall exchange custody at a mutually agreed upon location. b. The parties may arrange physical custody of the Children at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone/emaiUtext contact with the Children on a reasonable basis. 5. Both parents shall ensure that the Children have a safe, clean and adequate residence for the subject Children. Both parents shall ensure that the Children's hygienic/medical needs are addressed and that the Children get to school in a timely manner. 6. Counseling: The parents have agreed to, and shall, engage in therapeutic family counseling (with the focus on co-parenting) with an agreed upon professional to address the parents' very different parenting styles. The parties shall schedule an appointment with an agreed upon professional within ten (10) days of the instant Order. The parents have also agreed to engage the Children in individual counseling with an agreed upon professional and adhere to the professional's recommendations. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. If either parentis working during one of the scheduled holidays, the non-working parent shall have physical custody of the Children for that time period the parent is working. 8. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. In the event the parties feel that it is necessary, either party has the option of contacting the assigned conciliator to schedule a status conference within ninety days of this Order. 13. A status conference is hereby scheduled for November 02, 2010 at 9:00 am with the assigned conciliator at the Court of Common Pleas, Carlisle, PA 17013. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Di 'bution: Adams, Esquire ..~~ara Haggerty, Esquire ~hn J. Mangan, Esquire t FMS /ri`al t l~ S (a ! !D `~ By the Court, HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1 Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Ind endence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 1 S Half From 8 am Thanksgiving Day to 2 m on Thanks 'vin Da Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the da after Thanks 'vin Da Mother Father Christmas 1 Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 ~ (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father RENEE S. SHAFFER, Plaintiff v. SCOTT B. SHAFFER, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8187 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Haven R. Shaffer 10/03/1998 Father and Mother Declan S. Shaffer 11/05/1999 Father and Mother 2. A Conciliation Conference was held with regard to this matter on January 06, 2010, an Order issued January 11, 2010, an Order issued July 14, 2010, an Order issued July 16, 2010, an Order issued July 21, 2010, another Order issued July 21, 2010 and a conciliation conference was held August 03, 2010 with the following individuals in attendance: The Mother, Renee Shaffer, with her counsel, Jane Adams, Esq. The Father, Scott Shaffer, with his counsel, Kara Haggerty, Esq. 3. The parties agreed to the entry of an Order in the form as attached. l "_`- Date Jo J. gan, Esquire C sto Conciliator SEP 3 0 ZO10 ~ ~ RENEE S. SHAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-8187 CIVIL ACTION LAW SCOTT B. SHAFFER, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this ~_ day of October 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order dated August 06, 2010 shall remain in full force and effect absent agreement otherwise or further Order of Court. 2. A Custody Hearing is hereby scheduled on the ~rd day of 201 ~ at ~ ~ 3 D ~/ pm in Courtroom number 2 in the Cumberland County Co of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother 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 hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, D' 'bution: ane Adams, Esquire ~a Haggerty, Esquire ~hn J. Mangan, Esquire v ~~ .~ ,:ry--.~ ,~.- ; (1= ~, -C i_, ..r C~ r% C"7 .~ C ~=' ~--~ ~~ ~~ ~~ t ~' "~ ,~~ ~, ~~ t:~:~ --~+ t~ ':r '~"1 r: ? '"+"d ~C .7 ---i ~ ;/ :~:7 ~~ RENEE S. SHAFFER, Plaintiff v. SCOTT B. SHAFFER, Defendant Prior Judge: M. L. Ebert, Jr., J. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8187 CIVIL ACTION LAW . IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Haven R. Shaffer 10/03/1998 Father and Mother Declan S. Shaffer 11/05/1999 Father and Mother 2. A Conciliation Conference was held with regard to this matter on January 06, 2010, an Order issued January 11, 2010, an Order issued July 14, 2010, an Order issued July 16, 2010, an Order issued July 21, 2010, another Order issued July 21, 2010, a conciliation conference was held August 03, 2010, an Order was issued August 06, 2010 and after consultation with counsel, the Father desires to have this matter heard before the Court. The Mother, Renee Shaffer, with her counsel, Jane Adams, Esq. The Father, Scott Shaffer, with his counsel, Kara Haggerty, Esq. 3. Mother's position on custody is as follows: Mother does not oppose the status quo of having a week on/week off schedule; however since Father is pursuing taking this custody matter before the Court for a hearing, Mother requests that she have primary custody of the Children. 4. Father's position on custody is as follows: Father opposes the current shared custody arrangement and would like primary custody. Father believes that he is in a better position to care for the Children. Y~3v ~ ~ Date Jo J. gan, Esquire C tod Conciliator RENEE S. SHAFFER, Plaintiff vs. SCOTT B. SHAFFER, Defendant FI! ED-OFFICE CF THE PROTHONOTAR' 2911 4'!,'1 -!1 PM 2: 38 I'D COUNT? FErkItOYLVAN14A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 8187 Civil Term CIVIL ACTION - LAW ACTION IN CUSTODY STIPULATION AND AGREEMENT AND NOW, this 2- l t?Lday of December, 2010, come the parties, Renee S. Shaffer and Scott B. Shaffer, and hereby enter the following stipulation and request that such stipulation be entered and incorporated into an Order of this Honorable Court. The terms of the stipulation and requested Court Order are as follows: 1. Shared Legal Custody. Legal custody is the legal right to make all major non-emergency decisions affecting a minor child's well being, including, but not limited to, all decisions regarding his or her health, education, and religion. Mother and Father shall have joint legal custody of their children, Haven Renee Shaffer, born October 3, 1998 and Declan Scott Shaffer, born November 5, 1999. Pursuant to sharing legal custody, the parties agree that: A. Each party shall confer with the other on all matters of importance including but not limited to issues relating to each child's health and education. In the event of a medical emergency, the custodial party shall handle the emergency, and then notify the other party as soon as possible after the emergency is handled. B. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of each child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care a child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for a child. C. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to each child, including but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of such records or information, and such information has not been provided to the other parent, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. D. Neither party shall attempt to undermine the mutual love and affection that each child may have for the other parent and neither parent shall, in the presence of the children make any disparaging or negative remarks concerning the other parent. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the children. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. ys5 2. Physical Custodv. Mother and Father shall share physical custody of the Children on a week on/week off basis as follows: A. Each parent shall have custody of the Children from Sunday at 6:00 p.m. Until the following Sunday at 6:00 p.m. The non-custodial parent shall pick the Children up from the custodial parent's residence for the exchanges. B. The parties may arrange physical custody of the Children at such other times as the parties may mutually agree. 3. Holidays. The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. If either parent is working during one of the scheduled holidays, the non-working parent shall have physical custody of the Children for that time period the parent is working. 4. Travel. In the event that the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 5. Limitation on Use. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of . alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 6. Personal Care. Both parents shall ensure that the Children have a safe, clean and adequate residence for the subject Children. Both parents shall ensure that the W65 Children's hygienic/medical needs are addressed and that the Children get to school in a timely manner. 7. Medical Emergency. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. No Disparagement Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. Child Support . Due to the equally shared physical custody, Mother and Father agree that they shall not seek any child support from the other party, and that in consideration of the arrangements and the other agreements reached in this written stipulation, that the custody hearing scheduled before the court on February 23, 2010 shall be cancelled. Pursuant to this section, Mother shall withdraw her complaint for support which was filed with Cumberland County Domestic Relations after receipt of a fully executed copy of this stipulation. The parties acknowledge that nothing in this agreement precludes either party from seeking support should there be a substantial change of circumstances, or change of earning capacity or circumstances of the parties and nothing shall prevent either party from obtaining child support from the other if such is warranted under the 41OV55 applicable child support guidelines. However, the parties also acknowledge that either party could then also file for a modification of the custody order which is being entered under this stipulation. As such, the parties acknowledge that they fully understand and are satisfied with the agreement and the arrangements which have been made, and that they intend to honor such agreements contained in this stipulation accordingly. 10. Best Interest of the Child. The parties understand that in making an order for custody, the court shall consider the best interest of the child, which may include any factor which impacts the child's physical, psychological, intellectual, and emotional well-being. Such factors may include but are not limited to: the age of the child, the child's relationship with each parent, the preference of the child, (if old enough to express a meaningful preference), the duration, adequacy and stability of the child's current living arrangements, the motive of each parent, the child's school and community, the openness of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access, and the capacity of each parent to cooperate with each other and teachers or child care providers. The parties have considered all of the above factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been W"'° 55 able to reach an agreement beneficial to the child or children, and it is in the best interest of the child or children and the parties to resolve this matter without litigation and with minimal conflict. WITNESSETH: J e Adams, Esquire Renee S. Shaffer, her West South St. Carlisle, Pa. 17013 Date: (717) 245-8508 Attorney for Mother Kara Haggerty, Oq it Scott B. Shaffer, Father 2 West High St. Carlisle, Pa. 17013 Date: (717) 249-0900 Attorney for Father A5 55 Z i L4.. i.J 'ld Fr, P 1`0 E 01- T11";E JAN 05 2(m RENEE S. SHAFFER, Plaintiff vs. SCOTT B. SHAFFER, Defendant ORDER AND NOW, this P day of -so hj 41.1 , 2011, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on December 29, 2010, shall be entered and incorporated into this Order of Court. BY THE COURT: cc: Kara Haggerty, Esquire, for father a?(ed oop,e?s M Jane Adams, Esquire, for mother 115'1( iAs 5 P 111 3: 17 c- i21-i •.1 . i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 8187 Civil Term IN CUSTODY OF THL? FILED-OFFICE Jane Adams ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com RENEE S. SHAFFER, V. SCOTT B. SHAFFER, 2011 AUG 30 AM 11: 09 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 8187 Civil Term : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Renee S. Shaffer, now known as Renee S. Bailey, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Renee S. Bailey, Petitioner, (hereinafter referred to as "Mother"), is the Plaintiff in the above-captioned matter, and is an adult individual currently residing at 719 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 2. Scott B. Shaffer, Respondent, (hereinafter referred to as "Father") is the Defendant in the above-captioned matter, and currently resides at 55 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are the natural parents of the following minor children: Haven Renee Shaffer, born October 3, 1998; and Declan Scott Shaffer, born November 5, 1999; 4. The parties are subject to an Order of Court, dated August 6th, 2010, which provides that the parties have shared legal custody and shared physical custody, on a week on, week of basis. 0 E* sci s3 F-9: abaam? • 5. Since entry of the last Order, there has been a substantial change of circumstances. 6. Mother is extremely concerned regarding the following events and requests the following modifications to the Order: (a) Mother is concerned about domestic violence occurring in Father's home with his wife in front of the children. (b) Mother is concerned about Father's relentless harassment, non-cooperation, and non-communication with her, and Father with Contempt in connection with a Protection from Abuse Order. That matter is currently continued generally. (c) Father has refused to support counseling and treatment for the couple's daughter Haven. She suffers from anxiety attacks and post-traumatic syndrome and her counselor recommended medication and a psychiatric study. Father refuses to allow her to take her anti-anxiety medication in his home. (d) The parties' son, Declan has epilepsy and recently had a grand mal seizure. Father expressed skepticism that the child has epilepsy and has indicated he may not give him his medication in his home. 7. Due to the level of conflict in Father's home and his refusal to give the children their medications and support counseling, Mother does not feel that an equally shared physical custody arrangement is in the best interest of the children. 8. It would be in the best interest of the children to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order do not adequately provide for the safety and security of the children. 9. Mother is requesting primary physical custody of the children. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the children. Respectfully submitted, Date: 4 -30/// d' a Adams, Esquire No. 79465 17 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: g?a9?ll S_ Renee S. Bailey, Petitione RENEE S. SHAFFER IN THE COURT OF COMMON PLEAS OF C-y PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN121 ; m a' rn V) r. " . p=r- V. ? xi r ,,n Ol :z? ? 2009-8187 CIVIL ACTION LAW CD C:1 C) "O j _n SCOTT B. SHAFFER c') 3C : cs IN CUSTODY v DEFENDANT , • CID -< ORDER OF COURT AND NOW, Friday, September 02, 2011 , 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, September 16, 2011 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 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. 00 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. 64-cor V Oly Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?o%r? ???joy- Con<?l??r RENEE S. SHAFFER, PLAINTIFF V. SCOTT B. SHAFFER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8187 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 10t' day of February, 2012, upon consideration of Renee Shaffer's Petition for Special Relief, and the Court having confirmed that the Defendant has been arrested by the Upper Allen Township Police Department for Simple Assault and Harassment, IT IS HEREBY ORDERED AND DIRECTED that the Father's periods of physical custody of the children shall be suspended pending further Order of Court. Mother will exercise sole physical custody. The Custody Conciliation will be scheduled as soon as possible. By the Court, Ili\ -v M. L. Ebert, Jr., ? Jane Adams, Esquire d Attorney for Plaintiff John Kerr, Esquire r-,w - Attorney for Defendant ',`' Hubert X. Gilroy, Esquire irk N - , Custody Conciliator > bas ?. RENEE S. SHAFFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENN SYLVAN IAr ?2009-8187 CIVIL ACTION LAW 7) i7i -71' SCOTT B. SHAFFER " IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, February 13, 2012 , 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, March 02, 2012 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 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, Esq. ?jj!? 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 ??? Cory jWd Pc Al'%MS 'r y y 2??3?z RENEE S. SHAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : 2009-8187 CIVIL ACTION -LAW SCOTT B. SHAFFER, Defendant IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr. COURT ORDER AND NOW, this _L?' day of June, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: i S 1. A hearing is scheduled in Court Room No. 'Tof the Cumberland County Courthouse on the CO- day of 2012 at At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on what the Court should do with respect to a custody order, 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 five days prior to the mentioned hearing date. 2. Pending further order of this Court, the following TEMPORARY custody order is entered: A. The mother, Renee S. Shaffer, and the father, Scott B. Shaffer, shall enjoyed shared legal custody of Haven Renee Shaffer, born October 3, 1998, and Declan Scott Shaffer, born November 5, 1999. B. The mother shall enjoy primary physical custody of the minor children. C. The father shall enjoy periods of partial physical custody with the minor children on every weekend on either a Saturday or Sunday, to be agreed upon by the parties, from noon until 6:00 p.m. Exchange of custody shall take place at the Camp Hill YWCA. D. Father shall also enjoy reasonable telephone contact with the minor children to be Monday, Wednesday, and Friday at 6:00 p.m. with father to place a telephone call before 6:15 p.m. E. It is noted that on the weekend for Father's Day father shall have custody that Sunday. BY THE COURT, VNX", -? ?? M. L. Ebert, Jr., Judge cc: Jane Adams, Esquire ? Vincent Monfredo , Esquire -, - RENEE S. SHAFFER, Plaintiff v SCOTT B. SHAFFER, Defendant PRIOR JUDGE: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2009-8187 CIVIL ACTION -LAW : 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 children who are the subject of this litigation is as follows: Haven Renee Shaffer, born October 3,1998, and Declan Scott Shaffer, born November 5, 1999. 2. A Conciliation Conference was held on June 7, 2012, with the following individuals in attendance: The mother, Renee S. Shaffer, with her counsel, Jane Adams, Esquire, and the father, Scott B. Shaffer, with his counsel, Vincent Monfredo, Esquire. 3. This case arose in February when the mother filed a petition for an emergency modification of the custody order because the father was arrested for assaulting his current wife. Judge Ebert issued an order on February 10, 2012, suspending father's periods of physical custody with the children pending resolution of the charges and a custody conciliation conference taking place. 4. Prior to the February 2012 order, the parties were exercising custody on a 50150 basis. Father desires to return to that situation and suggests that there is no real danger involved with the children simply because of the one incident he had with his wife. Mother is suggesting that she should have primary custody although she is in agreement at this time that father should start some type of visitation with the children. This visitation was also recommended by Haven's counselor. 5. The Conciliator recommends an order in the form as attached. Date: June, 2012 RENEE S. SHAFFER, PLAINTIFF V. SCOTT B. SHAFFER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI NO. 09-8187 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 19th day of July, 2012, the Court currently having a conflict witl• the start time of the custody hearing that is currently scheduled for August 9, 2012, IT IS HEREBY ORDERED AND DIRECTED that the hearing currently schedul? for August 9, 2012, will now start at 2:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. '/Jane Adams, Esquire Attorney for Plaintiff Vincent Monfredo, Esquire Attorney for Defendant bas alp e.5 ,led 7114l/,?- f°I`L By the Court, n c r"-, =; MW C_ --? r- Zn < ? fe C--) 3 = `- PQ r RENEE SHAFFER, Plaintiff V SCOTT SHAFFER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8187 CIVIL TERM IN CUSTODY IN RE: CUSTODY HEARING ORDER OF COURT AND NOW, this 17th day of August, 2012, after hearing in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the parties shall submit a memorandum to the Court which addresses the factors to consider when awarding custody listed in Section 5328 of Title 23 on or before August 31, 2012. IT IS FURTHER ORDERED AND DIRECTED in the interim the current custody order shall remain in place. By the Court, Jane Adams, Esquire For the Plaintiff Vincent Monfredo, Esquire For the Defendant :mtf no ~ p,es rna;l~ .p ', M. L. Ebert, Jr., J. G adm ...a N ~ ~'ti ~~ ~ ~~ ~ ~`~ 3 ~r 7~' ~ .C ~;,;, ..C ,e,~-L RENEE S. SHAFFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v: : No 2:009 -8187 SCOTT B. SHAFFER, Defendant : IN CUSTODY rr, ?. Defendant, Scott B. Shaffer, by and through his attorney, Vincent M. Monfredo, Esquire, 7) P..., :Judge: M.L. Ebert, Jr. PETITION TO MODIFY CUSTODY and in support of his Petition, avers as follows: 17055. cD a 1. Petitioner is Scott B. Shaffer, who resides at 56 Keefer Way, Mechanicsburg, PA 2. Respondent is Renee S. Shaffer, who resides at 726 Allenview Dr., Mechanicsburg, PA 17055. 3. The parties are the natural parents of the following minor children: a. Haven Renee Shaffer, born on October 3, 1998; and b. Declan Scott Shaffer, born on November 5, 1998; 4. On September 20, 2012, the Honorable M. L. Ebert, Jr. entered an Order of Court, attached as Exhibit "A ". 5. Since the entry of said Order, there has been a significant change in circumstances in that: a. Recently while in the care of Mother, the children engaged in sexual intercourse with each other. b. The case has been reported to CYS. t? ai) P-4111 co- 03 c. The Mother did not tell the Father of this incident right away, which is typical behavior for Mother even though the parties have shared legal custody. d. Father believes that the children had sexual contact with each other at least one other time. e. Father believes the Mother kept this from him. f. Father believes the Mother lied to CYS recently when she told them that the children did not engage in sexual contact with each other more than one time. g. Mother continues to blame Father for everything that happens, including this incident, even though the children were under her care, at her home, and under her watch. h. Mother continues to provide a home without discipline, rules or supervision. i. Mother did not tell Father when their son had a seizure and had to be taken to the hospital. J. Father was told their son had a seizure due to the Mother not providing him his medication. 6. Mother continues to not comply with the order granting shared legal custody by not sharing information or consulting with Father regarding their children. 7. The best interests of the children will be served by modifying the Order. 8. I have attached the Criminal Record/Abuse History Verification form required pursuant to PA.R.C.P. No. 1915.3 -2. WHEREFORE, Petitioner prays this Court to grant the modification of the Court Order of September 20, 2012, giving Father full physical and full legal custody of the children. Date: Respectfully submitted, Monfredo & Mandarino Law Vincent M. Monfredo, Esquire 5000 Ritter Rd. Suite 202 Mechanicsburg, PA 17055 (717) 585 -2064 Supreme Court ID # 20664 Attorney for Petitioner RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAF Plaintiff : CUMBERLAND COUNTY, PENNSYA1A rn .7 zrra V: : No: 2009 -8187 v`, r— r :::t.; SCOTT B. SHAFFER, � Q' t_D �, Defendant : IN CUSTODY > p :Judge: M.L. Ebert, Jr.° CJI I, CRIMINAL RECORD / ABUSE HISTORY VERIFICATION , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. §4904 relating to unworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of all that Household conviction, apply Member guilty plea, no contest plea or pending charges ( ) 18 Pa.C.S. Ch.25 ( ) ( ) (relating to criminal homicide) ( ) 18 Pa.C.S. §2702 ( ) ( ) (relating to aggravated assault) ( ) 18 Pa.C.S. §2706 (relating to terroristic threats) ( ) 18 Pa.C.S. §2709.1 (relating to stalking) ( ) Sentence ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) 18 Pa.C.S.§2901 (relating to kidnapping) 18 Pa.C.S.§2902 ( ) ( ) (relating to unlawful restraint) 18 Pa.C. S. §2903 (relating to false imprisonment) 18 Pa.C.S.§2910 (relating to luring a child into a motor vehicle or stnicture) 18 Pa.C.S.§3121 (relating to rape) 18 Pa.C.S.§3122.1 (relating to statutory sexual assault) ( ) ( ) 18 Pa.C.S.§3123 ( ) (relating to involuntary deviate sexual intercourse) 18 Pa.C.S.§3124.1 (relating to sexual assault) ( ) 18 Pa.C.S.§3125 ( ) (relating to aggravated indecent assault) ( ) ( ( ) 18 Pa.C.S.§3126 ( ) ( ) (relating to indecent assault) 18 Pa.C.S.§3127 ( ) ) (relating to indecent exposure) () 18 Pa.C.S. §3129 (relating to sexual intercourse with animal () ( ) 18 Pa.C.S. §3130 ( ) (relating to conduct relating to sex offenders) ( ) 18 Pa.C.S. §3301 ( ) (relating to arson and related offenses) () () () () () ( 18 Pa.C.S. §4302 ( ) (relating to incest) 18 Pa.C.S. §4303 ( ) (relating to concealing death of child) 18 Pa.C.S. §4304 ( ) (relating to endangering welfare of children) 18 Pa.C.S. §4305 ( ) (relating to dealing in infant children) 18 Pa.C.S. §5902(b) ( ) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) ( ) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 ( ) (relating to corruption of minors) ) 18 Pa.C.S. §6312 ( ) (relating to sexual () ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 18 Pa.C. S. §6320 ( ) ( ) (relating to sexual exploitation of children) 18 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol (4 () Manufacturing, sale., ( ) ( ) Delivery, holding Offering for sale or possession of any controlled substance or other drug or device put - I q qj yp G►r-s 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply () () A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania of similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Self ( ) Other Household Member ( ) Date () Other: ( ) ( ) 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Signature Sc Wu Printed Name VERIFICATION I verify that I am Scott Shaffer and that the statements made in the foregoing Modification of Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: g-16--pi RENEE S. SHAFFER, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT B. SHAFFER, DEFENDANT : NO. 09-8187 CIVIL ORDER OF COURT AND NOW, this 20th day of September, 2012, upon consideration of the Plaintiff's Petition for Modification of Custody, and after hearing, the following Order is entered: 1. Lena! Custody: Mother and Father shall have shared legal custody of their minor children, Haven R. Shaffer, dob: 10/03/98 and Declan S. Shaffer, dob: 11/05/99, collectively the "children." Major, non-emergency decisions concerning the children, including but not necessarily limited to, the children's health, welfare, education and religious training shall be made by them jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy in the children's best interests. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other of the emergency and consult with ,him or her as soon as practical. In accordance with Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, and the resident address of the children and of the other parent. To the extent one parent has possession of any such c A- records or information, that parent shall be required to share the same or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties shall share physical custody on a week on /week off basis with custody exchanges to take place each Friday after school or not later than 5:00 p.m. on those Fridays when there is no school. 3. Telephone: In the spirit of being an accommodating parent with a nurturing obligation to encourage the children's relationship with the other parent, both parents shall allow reasonable telephone contact between the children and the out of custody parent and no reasonable request by a child or parent for a telephone conversation shall be unreasonably denied. 4. Transportation: The parties shall share transportation, if necessary. 5. Christmas Holiday: Christmas shall be divided into two segments. Segment 1 shall be from December 24 at 1 :00 p.m. through December 25 at 1:00 p.m. Segment 2 shall be from December 25 at 1:00 p.m. through December 26 at 1:00 p.m. Mother shall have custody of the children for Segment 1 in even numbered years and Segment 2 in odd numbered years. Father shall have custody of the children from Segment 1 in Odd numbered years and Segment 2 in even numbered years. 6. Thanksgiving: Thanksgiving shall be divided into two segments. Segment 1 shall be from 3:00 p.m. the Wednesday before Thanksgiving until 3:00 p.m. on the Friday following Thanksgiving. Segment 2 shall be from 3:00 p.m. on the Friday after Thanksgiving until 3 :00 p.m. the Sunday after Thanksgiving. Father shall have custody in Segment 1 in even numbered years and Segment 2 in odd numbered years. Mother shall have custody of the children for Segment 1 in odd numbered years and Segment 2 in even numbered years. 7. Mother's Day and Father's Day: If Mother or Father do not have custody of the children as a result of the normal 50/50 schedule on Mother's Day and Father's Day, then Mother shall have custody on Mother's Day and Father shall have custody on Father's Day from 12:00 noon until 8:00 p.m. 8. Other Holidays: Except for Thanksgiving and Christmas, the parent having physical custody for the week during which a holiday occurs shall have custody for that holiday. 9. Summer Vacation from School: The one week on /one week off schedule shall remain in effect through the summer vacation except for adjustments as the parents may from time to time to allow for special trips and for time with the other parent. 10. Cooperation and Non - Disparagement: The parties shall, from time to time, agree to other changes or modifications to the custody schedule as may be necessary in order to enable both parents to continue to foster and develop a good and health relationship with the children. The parties shall cooperate with one another to encourage the children's relationship with the other parent and shall refrain from any and all conduct, activity or communication which would adversely affect the children's relationship with either parent. Neither party shall make disparaging comments about the other in from of the children nor will they permit any other relative or person to do so. 11. The Parties by mutual agreement may alter any provision of this Order. By the Court, Jane Adams, Esquire Attorney for Plaintiff Vincent Monfredo, Esquire Attorney for Defendant bas RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v: : No: 2009-8187 SCOTT B. SHAFFER, • Defendant : IN CUSTODY :Judge: M.L. Ebert, Jr. CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition to Modify upon the following by depositing same in the United States Mail, first class postage prepaid and certified return receipt, at Carlisle, Pennsylvania, addressed as follows: Date: C"�`�� Renee Shaffer 726 Allenview Dr. Mechanicsburg, PA 17055 Respectfully submitted, Monfredo & Mandarino Law Vincent M. Monfredo, Esquire 5000 Ritter Rd. Suite 202 Mechanicsburg, PA 17055 (717) 585 -2064 Supreme Court ID # 20664 Attorney for Petitioner RENEE S. SHAFFER PLAINTIFF V. SCOTT B. SHAFFER DEFENDANT IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLV A �,z � • 7-1 9ck C!? G f t -C _._s •c. 2009 -8187 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, March 28, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor , Cumberland County Courthouse, Carlisle on Wednesday, May 07, 2014 , the conciliator, 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 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in- person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: Is/ Hubert X. Gilroy, Esq. rd./ 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 RENEE S. SHAFFER, Plaintiff v SCOTT B. SHAFFER, Defendant PRIOR JUDGE: M. L. Ebert, Jr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA C3 f` -' : 2009-8187 CIVIL ACTION - LAW3 S 7 1,1- -- X" -.c; -.0 „ : IN CUSTODY .< > a c) 70 ca`.'"; 'C -- err, COURT ORDER —' `'' CO AND NOW, this 09 -1 -day of May, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A pre-trial conference is scheduled in the above case on the b c ay of 2014, at tV. .m. in Courtroom No. 2 of the Cumberland County Courthouse. The parties are directed to proceed with filing a pre-trial statement with the Court and the other party consistent with Pennsylvania Rule Of Civil Procedure 1915.4-4. 2. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the I J`/L---clay of � , 2014 at gft:VA.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. 3. Pending further Order of this Court, this Court's prior Order of September 2012 shall remain in place. Additionally, the parties shall continue to abide by any safety plan implemented by Cumberland County Children Services in this matter. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. m P cc: 4 lan s, Esquire ,- incent Monfredo., Esquire eOy 1 ES' in�a sizoM - `T/73 BY THE COURT, M. L. Ebert, Jr., Judge RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2009-8187 CIVIL ACTION - LAW SCOTT B. SHAFFER, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr. 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 children who are the subject of this litigation is as follows: Haven Renee Shaffer, born October 3, 1998, and Declan Scott Shaffer, born November 5, 1999. 2. A Conciliation Conference was held on May 12, 2014, with the following individuals in attendance: The mother, Renee S. Shaffer, with her counsel, Scott McPartland, Esquire, and the father, Scott B. Shaffer, with his counsel, Vincent Monfredo, Esquire. 3. There is an existing Order from 2012 giving the parties shared legal and shared physical custody and the parties have been handling physical custody on a week on/week off basis. Father now petitioned seeking primary physical custody. There have been some unusual circumstances involving the children with various allegations that the two children are having sexual relations with each other. Children Services have gotten involved and has implemented a safety plan specifying that the children will not stay in the same home together which results in the parties continuing with a week on/week off schedule but each parent has only one child at a time. This results in the children not being together. 4. Mother is not in agreement to give the father primary physical custody and a hearing is necessary. The Conciliator notes that based upon the circumstances as outlined in this memorandum it may be difficult for the Court to award primary custody to either parent in the event the safety plan implemented Children Services is going to remain in place. Regardless, the father wants to pursue this matter and a hearing is necessary. 5. The Conciliator recommends an order in the form as attached. Date: May , 2014 Hu%ert X. G. y, Esquire Custody C nciliator - RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2009-8187 CIVIL ACTION - LAW SCOTT B. SHAFFER, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr. MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than '/2 day. Date: May / l , 2014 Hubert X. ilroy, squire Custody Concilia or RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT B. SHAFFER, DEFENDANT : NO. 09-8187 CIVIL IN RE: PRE-TRIAL CONFERENCE ORDER OF COURT AND NOW, this 26th day of June, 2014, after pre-trial conference with counsel in this case, IT IS HEREBY ORDERED AND DIRECTED that Austin Grogan, Esquire is appointed as GAL in the matter. The Custody hearing in this matter is currently scheduled for August 14, 2014, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ott McPartland, Esquire Attorney for Plaintiff ncent Monfredo, Esquire Attorney for Defendant Austin Grogan, Esquire GAL Court Administrator — -RtE_ bas 0-431'es itafificL c0y CD -0 3 mco rn cn� r- < C 0 � C t �.;C T 0) RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT B. SHAFFER, DEFENDANT : NO. 09-8187 CIVIL ORDER OF COURT AND NOW, this 2nd day of July, 2014, the Court having appointed Austin Grogan, Esquire as Guardian Ad Litem in this case, IT IS HEREBY ORDERED AND DIRECTED that Cumberland County Children and Youth Services shall cooperate with him in performing his services as Guardian Ad Litem in regard to the Children, Haven Renee Shaffer, age 14 and Declan Scott Shaffer, age 13. Attorney Grogan will be allowed to review the Children and Youth file regarding these two children. Scott McPartland, Esquire Attorney for Plaintiff incent Monfredo, Esquire Attorney for Defendant By the Court, Ai:stin Grogan, Esquire GAL Court Administrator ��` 11-4114 Children and Youth Services - P P -S 114`-t bas ink., LI, RENEE SHAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V : 09-8187 CIVIL SCOTT SHAFFER, Defendant/Petitioner IN RE: CUSTODY ORDER OF COURT AND NOW, this 14th day of August, 2014, after hearing in the above -captioned matter, IT IS HEREBY ORDERED AND,DIRECTED that the parties shall submit written responses to the custody factors from the Act and a proposed final custody order along with any other written materials they would like to provide. Additionally, I would request a recommendation from the Guardian Ad Litem. These materials shall be submitted to the Court on or before the close of business, August 22, 2014. By the Court, Scott A. McPartland, Esquire Fox the Plaintiff/Respondent /VVincent Monfredo, Esquire For the Defendant/Petitioner /Austin F. Grogan, Esquire Guardian Ad Litem :mtf ' r 1 E.S 8 1��oy ler) 'titi\ c.,k,..3k M. L Ebert, Jr., J. —4 CD C) -T, • RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2009-8187 SCOTT B. SHAFFER, Defendant : IN CUSTODY :Judge: M.L. Ebert, Jr. b N ep r=. Gl i --t fv AND NOW, comes Scott B. Shaffer, by and through his counsel, Vincent M. Mt nfre-do, DEFENDANT'S ARGUMENT IN SUPPORT Esquire and provides this argument after hearing on Defendant's Petition to Modify Custody; Procedural History The parties were married on or about January 28, 1995. The parties have two children, Haven and Declan. Haven was born on October 3, 1998 and Declan was born on November 5, 1999. The parties separated and on or about August 6, 2010 the parties agreed to a 50/50 custody arrangement. The parties appeared in Court after Renee S. Shaffer (hereafter "Mother") filed a Motion to Modify Custody and This Court entered an Order on or about September 20, 2012 whereby the Court ordered the parties remain under a 50/50 physical and legal custody Order. On or about March 26, 2014, Scott B. Shaffer (hereafter "Father") filed a Motion to Modify Custody. A hearing followed on August 14, 2014 before the Honorable Judge M.L. Ebert, Jr. Changes in Circumstances A "Custody Checklist" provided by the Court is being submitted simultaneously with this Written Argument (Attached) and therefore this Argument will concentrate on the changes in circumstances since the last hearing. X. Mother's Failure to Share Information in Violation of The Current Court Order The current custody order from September 20, 2012 states that Mother and Father shall have shared legal custody. Specifically the Order states; "The parent having physical custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other of the emergency and consult with him or her as soon as practical." Father testified about multiple recent events where Mother has failed to inform Father of certain emergencies. First, there was testimony that Declan had a seizure while in Mother's home during her custody week. Testimony showed that Declan was up for more than thirty hours paying video games, with a known epilepsy condition for which he is prescribed medication. Declan admitted he had not been taking his medication while at his Mother's. Declan had a seizure in the morning and was found by his sister. During the seizure Declan hit his head and face when he fell. Plaintiff's exhibits at the hearing showed the bruising to Declan's face. However, despite her son having a seizure and hitting his face, the Mother failed to bring the child to the Emergency Room and failed to inform Father of the incident. Instead she took him to his pediatrician hours later, who immediately informed her that she needed to take her son to the Emergency Room. Mother never told Father about this and he had to learn about it from a third party. Next, the more serious and ongoing issue that was raised during the hearing was that Mother was told by the children in 2012 that the children were "touching" each other. Instead of informing Father of this issue, she hid it from him, and had the children enter counseling. Again, Father was not told of this nor was he informed that part of the children's counseling involved dealing this issue. Mother testified that there was possibly one session regarding this issue and was told not to worry about it. But she should have worried about, because as we learned, the children engaged in sexual intercourse with each other. As a result, the children have been separated due to CYS involvement, and the children have been charged with and intend to enter a consent decree to the crime of Incest. We contend this event could have been prevented. However, Father was left blind to what his children were dealing with because Mother never infoimed him. She admitted on the stand to hearing about this possible issue in 2012, yet she wants to blame this matter on Scott, even though he was completely unaware of the sexual contact happening between his children, and all of the sexual contact happened while at Mother's residence. 2. Mother's Continued Lack of Supervision and Discipline In the Order from September 20, 2012 This Court addressed the twelve factors for deciding custody. In paragraph two the court noted, "[Mother's] parental demeanor is very permissive and the children have missed school and the oldest daughter has engaged in very inappropriate sexual behavior while in her mother's care." Emphasis added. Paragraph three notes that "Father is more likely to provide better discipline with regard to monitoring the children's activities and school work." Further, the Court noted in paragraph six that "While both children indicated that they wanted to live primarily with Mother, the Court is of the opinion that this is because Mother is more permissive and provides a less disciplined parenting style. Mother's parenting style has not improved and if anything, has gotten worse. The children both testified that Mother is more laid back and less of a disciplinary than Father. Further, Mother testified that while her children are being charged with incest, and while they are ordered to be separated she allowed Haven to stay at an unsupervised house for numerous hours at a time in order to watch a friend's dogs/house. Further, there was testimony that Haven engaged in sexual acts with a female friend while unsupervised during Mother's week in the past. How Mother can now leave her children unsupervised in other people's houses in beyond belief considering what has recently happened. in summation, while under Mother's care and supervision, and only since the last Court Order, the children engaged in sexual acts with each other, Haven engaged in sexual activity with a girl-friend, and Declan had a seizure after being awake for more than thirty hours playing video games. Mother is not improving as a parent and the problems facing the children will only continue to escalate due to Mother's lack of parenting, discipline, and physical supervision. 3. Father's Home is Secure for Both Children Father testified and showed evidence at trial that his house is now secure if CYS continues to believe the children need to be separated. He has installed alarms and motion sensitive cameras throughout the house. Father is well versed in information technology and has set up a secure firewall and encrypted the camera system and alarms so his children cannot access them. Father rarely if ever leaves the children unsupervised and with the addition of the camera system, the children will not be in a position where they can repeat the mistakes they made at Mother's home. Conclusion When the parties appeared before This Court two years ago, Mother was already found to have a laid back style of parenting. Father now argues that Mother's lack of parenting has directly resulted in Declan having a seizure and not being taken to the ER immediately, Haven engaging in sexual contact with another girl her age, and both children having sexual relations with each other. Mother is quick to blame Father for the sexual activity between the children as she clearly has no ability to accept responsibility for her failure as a parent. The children's best interests are no longer being served by following a 50/50 custody order. One cannot imagine the permanent scar that has been left on these children, but This Court can ensure events like this do not happen again. No one would ever expect to find their children having sexual intercourse with each other. However, there were warning signs and Mother ignored them and kept Father blind of them. The children's best interests are not served with Mother having legal custody or physical custody. WHEREFORE, for those reasons and based on the factors within 23 PA.C.S. 5328 we respectfully request that this Court modify the Court Order dated September 20, 2012 and grant Father full legal and physical custody of both children with Mother having temporary periods of visitation with each child separately. (Proposed Court Order Attached). Date: f u4 Respectfully submitted, (4cek Vincent M. Monfredo, Esquire 3300 Trindle Rd. Second Floor Camp Hill, PA 17011 717.585.2064 Supreme Court ID # 206671 Attorney for Defendant RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAS OF CUSTODY CHECKLIST FACTOR MOTHER FATHER Which party is more likely to encourage and permit frequent and continuing contact between the child and another PartY tacior en, ce„Akie-- o'i-- AtA.vvtt.rc.9,-t ews...rc A Aka. Rt. c5 The present and past abuse committed by either party or member of the party's household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child. 10.1.4k ,„„...cl„_ \ % \..r.4.L.e., rks) r -q- apzcv>ti,q. tir/A)C.R &Ad rtA Co lywO S c-Lvl n.e. j- i A.c.A oc -ton- tilt"› (a me. -r.4. 4 ,t‘o s. ,...4Re r-vi.5cS The parental duties performed by each..y.i.5 party on behalf of the child. 4- ek.5 \' irtA 1.0a o rac.,--- Akor— ( (Li, 6 rou.a t. , sto,-, The need for stability and continuity in the child's education, family life and community life. The availability of extended family The child's sibling relatioriships -1- e -t? 6 -.t.4-e- A•mkt4. (t_itt Pi (A,•7. k. (DA kc- ha dtett 5.4ct-t-.--t IT so , ki 1 bc 6ggrie 4`-`9.‘4" The well-reasoned preference of the child,. based on the child's maturity and judgment The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm. l �k (o hut w( PA-P Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child The proximity of the residences of the parties Each party's availability to care for the child or ability to make appropriate child- care arrangements pv5 n (9gen S,,e� ` `� LLtc`r�rt✓t - 5 a((o« `r - e.0K. pLct,^ 4.--.1..k.e. ry • The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party -krhehistory of drug or alcohol abuse of a party or member of a party's household 1 i< -4(1-4,-C Ilx4- c ec'twk --cp ,Ailftcc-t-t 14 -A -N ti( 0 htc,triek...ss . cdc c, let it( 4 -t -t . The mental and physical condition of a party or member of a party's household rie- 9 0 15.k.e-5 =- , Any other relevant factor ° Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2009-8187 SCOTT B. SHAFFER, Defendant : IN CUSTODY :Judge: M.L. Ebert, Jr. CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Written Argument upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Date: Scott McPartland, Esq. 8150 Derry St. Suite A Harrisburg, PA 17111 Austin Grogan, Esq. 3901 Market St. Camp Hill, PA 17011 Respectfully submitted, 1/1cm/-.. Vincent M. Monfredo, Esquire 3300 Trindle Rd. Second Floor Camp Hill, PA 17011 717.585.2064 Supreme Court ID # 206671 Attorney for Defendant RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSY�VQ.,.,NIAi: CD �v9 V. rncA SCOTT B. SHAFFER, �n :m__:_nr____, , DEFENDANT NO. 09-8187 CIVIL < CD z m2f r ORDER OF COURT -'' `" "= AND NOW, this 25th day of August, 2014, upon consideration of Defendant's Petition for Modification, each party's memorandum regarding the custody factors listed in 23 Pa.C.S.A. §5328, and after hearing; IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: .The Mother, Renee S. Shaffer and the Father, Scott B. Shaffer, shall have shared legal custody of Haven R. Shaffer, dob: 10/03/98 and Declan S. Shaffer, dob: 11/05/99. Major decisions concerning the children including, but not necessarily limited to their health, welfare, education, religious training and upbringing shall be made only by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the children's best interests. Neither party shall impair the other party's rights to shared legal custody of the children. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5336, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional, or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Physical Custody: A. Father shall exercise primary physical custody of the children during the school year from the last Friday before the start of the school year until the first Friday at the end of the school year. B. Mother shall exercise partial physical custody of the children during the school year on alternating weekends Friday after school to Monday morning and every Wednesday night after school until Thursday morning when the children enter school. C. Parents shall share custody of the children during summer school vacation on alternating weeks from Friday at 5:OOp.m. until the following Friday at 5:00 p.m. D. Each parent shall have two weeks of uninterrupted time during summer vacation. Each parent shall provide written notification to the other parent no later than May 1 of each year as to when the parent intends on exercising their two weeks of uninterrupted time which shall not interfere with holidays. 3. Holiday Schedule: 1. Christmas: The Christmas holiday will be divided into two segments. Segment A is defined as the last day of school through Christmas morning at 12:00 noon and Segment B from Christmas Day at noon until the last day of Christmas vacation before returning to school. In even numbered years, Father shall have segment A and Mother shall have Segment B. In odd numbered years the segments shall reverse. 2. Easter: The Easter holiday will be divided into two segments. Segment A shall run from noon the Saturday before Easter until 9:00 a.m. Easter Day. Segment B shall run from 9:00 a.m. Easter Day until 6:00 p.m. Easter Day. In even numbered years, Father shall have custody for Segment A and Mother for Segment B. In odd numbered years, Mother shall have custody for Segment A and Father for Segment B. 3. Thanksgiving: The Thanksgiving holiday will be divided into two segments. Segment A shall run from 6:00 p.m. the Wednesday before Thanksgiving until 3:00 p.m. Thanksgiving Day. Segment B shall run from 3:00 p.m. Thanksgiving Day until 6:00 p.m. the Friday after Thanksgiving Day. In even numbered years, Mother shall have custody for Segment A and Father for Segment B. In odd numbered years, Father shall have custody for Segment A and Mother for Segment B. 4. Martin Luther King Day, Memorial Day, July 4t", Labor Day, Columbus Day and Veterans' Day: In even numbered years, Mother shall have Martin Luther King Day, July 4th and Columbus Day; Father shall have Memorial Day, Labor Day and Veterans' Day. In odd years the parties shall reverse the holiday schedule. 4. Transportation: The parties shall share transportation as necessary. 5. Communication: The parties agree that the non-custodial parent shall have the right to communicate with the children uninterrupted by the custodial parent by telephone at 7:00 p.m. on any day when the non-custodial parent has not had actual physical contact with the children. 6. Parent Unavailable: In the event either parent is unavailable to care for the children during his or her period of custody for three or more hours, that parent shall first contact the other parent to offer the opportunity to that parent to have custody of the children during the custodial parent's unavailability prior to requesting assistance from any third party. 7. Custody Schedule Adjustments: The parties may deviate from the terms of this Custody Order by mutual agreement. Absent mutual agreement, the terms of this Order shall control. 8. Relocation: No party shall be permitted to relocate the residence of the children that significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with Pa.C.S. §5337. Scott McPartland, Esquire Attorney for Plaintiff .../Vincent Monfredo, Esquire Attorney for Defendant —tin Grogan, Esquire GAL Children and Youth Services -0`5 \14. bas .0_61'es Mat Lsct.) giat."/ LI ...._..T...tv By the Court, RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSaVA14IA' 73 3 s rn W 31. -- �m rig xJ G-3 �i A -N.J CD Ca SCOTT B. SHAFFER, r-......-' DEFENDANT : NO. 09-8187 CIVIL > c. -" i -c GOCD C ---4 Q V. ORDER OF COURT AND NOW, this 27th day of August, 2014, after hearing in the matter, pursuant to 23 Pa.C.S.A. §5323(d) the Courtstates the following reasons in support of the Custody Order issued in this case: 1. Neither party, given the distrust and animosity between them, is likely to encourage frequent and continuing contact. 2. While there have been documented past instances of abuse by Father toward Mother, it appears that Father has resolved his anger issues and his past conduct does not pose a risk to the children at this time. 3. Both parties have performed their parental duties in an satisfactory manner. 4. The children will continue to go to the same school district they have been attending. Father's lifestyle, now that he is remarried, appears to be somewhat more stable than Mother's lifestyle. 5c The sibling relationship in this case is strained in Tight of the juvenile investigation into the inappropriate contact between the children. Both, however, have indicated a desire to remain together. 6. H. S., age 15, exhibits a high level of maturity. Her desire to live with her Father and Step -Mother is well reasoned and based on the fact that Father provides a more stable and nurturing environment. While D. S., age 14, preferred the 50/50 custody arrangement, his real desire was to simply live as a family again. 7. Both parties have demonstrated the capability, desire and ability to provide a loving and stable environment to meet the emotional needs of the children. 8. While both parties are capable of providing daily physical, emotional, developmental and educational needs of the children, Father has been more proactive in implementing the Cumberland County Children and Youth Agency's recommendations for home monitoring and security measures. 9. The parties live in close proximity to each other and within the same school district. 10. The level of conflict between these parents is high and both should consider professional counseling in regard to co -parenting. 11. While Father has had some criminal justice issues which involved alcohol abuse, this does not appear to be a risk factor to the children at this time. By the Court, ,Scott McPartland, Esquire Attorney for Plaintiff ./Vincent Monfredo, Esquire Attorney for Defendant ustin Grogan, Esquire GAL bas 0-0pIES RENEE S. SHAFFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF c-, : CUMBERLAND COUNTY, PENNSYgVA1A' -c) a -c.. v. : No. 2009-8187 7- co SCOTT B. SHAFFER, cn%v r Defendant : IN CUSTODY ,�-.:.- • >c7 :Judge: M.L. Ebert, Jr.`' _ .a Ca. (7 -, Cj PETITION TO MODIFY CUSTODY WITH PROPOSED CONSENT ORDER Defendant, Scott B. Shaffer, by and through his attorney, Vincent M. Monfredo, Esquire, and in support of his Petition, avers as follows: 1. Petitioner is Scott B. Shaffer, who resides at 55 Keefer Way, Mechanicsburg, PA 17055. 2. Respondent is Renee S. Shaffer, who resides at 726 Allenview Dr., Mechanicsburg, PA 17055. 3. The parties are the natural parents of the following minor children: a. Haven Renee Shaffer, born on October 3, 1998; and b. Declan Scott Shaffer, born on November 5, 1998; 4. The most recent court order, dated August 25, 2014, was entered by the Honorable M. L. Ebert, Jr. after a hearing. (Copy attached as Exhibit "A"). 5. Since the entry of said Order, there has been a significant change in circumstances, in that the parties have reached a new agreement which slightly modifies the language of the current order. 6. An original proposed order is attached and signed by the parties. 7. Attorney Austin Grogan, appointed guardian of the minor children, was contacted regarding this request to modify the current order and has no object to the attached stipulated order being entered. 8. The best interests of the children will be served by modifying the current order and by granting the Order as stipulated by the parties and attached to this petition. WHEREFORE, Petitioner prays this Court enter the attached proposed Order which is stipulated to and signed by the parties. Date: % "2 <<{ . Respectfully submitted, Monfredo & Mandarino Law Vincent M. Monfredo, Esquire 3300 Trindle Rd. Second Floor Camp Hill,PA 17011 (717) 585-2064 Supreme Court ID # 20664 Attorney for Petitioner VERIFICATION I, Scott Shaffer, have read the foregoing Petition to Modify. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if knowingly make false averments, I may be subject to criminal penalties. Date: l da f (11 Scott Shaffer RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY; PENNSYLVANIA v. SCOTT B. SHAFFER, Defendant : No. 2009-8187 : IN CUSTODY • :Judge: M.L. Ebert, Jr. CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition to Modify upon the following by depositing same in the United States Mail, first class postage prepaid and certified return receipt, at Carlisle, Pennsylvania, addressed as follows: Date: Scott McPartland, Esq. 8150 Derry St. Suite A Harrisburg, PA 17111 Austin Grogan, Esq. 3901 Market St. Camp Hill, PA 17011 Respectfully submitted, Monfredo & Mandarino Law Vincent M. Monfredo, Esquire 3300 Trindle Rd. Second Floor Camp Hill, PA 17011 (717) 585-2064 Supreme Court ID # 20664 Attorney for Petitioner c RENEE S. SHAFFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYCLVANIAr, c V r•1 r,rrl =X) CI D , r- x --f c DEFENDANT : NO. 09-8187 CIVIL >r x'' c> ORDER OF COURT —1 r th --< w : < AND NOW, this It day of Ot. c. t.rnbcf , 2014, upon consideration of the Defendant's Petition for Modification of Custody, and upon agreement of the parties, the SCOTT B. SHAFFER, following Order is entered: 1. Legal Custody: The Father, Scott B. Shaffer and the Mother, Renee S. Shaffer, shall have shared legal custody of Haven R. Shaffer, dob: 10/03/98 and Declan S. Shaffer, dob: 11/05/99. Major decisions concerning the children including, but not necessarily limited to their health, welfare, education, religious.training and upbringing shall be made only by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the children's best interests. Neither party shall impair. the other party's rights to shared legal custody of the children. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other.' Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated • • 4. Christmas Holiday: Christmas shall be divided into two segments. Segment A shall be from the last day of school through Christmas morning at 12:00 noon and Segment B from Christmas Day at noon until the last day of Christmas vacation before returning to school. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years the segments shall reverse. 5. Easter: The Easter holiday will be divided into two segments. Segment A shall run from noon the Saturday before Easter until 9:00 a.m. Easter Day. Segment B shall run from 9:00 a.m. Easter Day until 6:00 p.m. Easter Day. In even numbered years, Father shall have custody for Segment A and Mother for Segment B. In odd numbered years, Mother shall have custody for Segment A and Father for Segment B. 6. Thanksgiving: Thanksgiving shall be divided into two segments. Segment A shall be from 6:00 p.m. the Wednesday before Thanksgiving until 3:00 p.m. Thanksgiving Day. Segment B shall be from 3:00 p.m. Thanksgiving day until 6:00 p.m. the day after Thanksgiving. In even numbered years, Mother shall have custody for Segment A and Father for Segment B. In odd numbered years, Father shall have custody for Segment A and Mother for Segment B. 7. Mother's Day and Father's Day: If Mother or Father do not have custody of the children as a result of the normal schedule on Mother's Day and Father's Day, then Mother shall have custody on Mother's Day and Father shall have custody on Father's Day from 12:00 noon until 8:00 p.m. thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. Section 5336, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional, or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Physical Custody: a. Father shall exercise primary physical custody of the children during the school year from the last Friday before the start of the school year until the first Friday at the end of the school year. b. Mother shall exercise partial physical custody of the children during the school year on alternating weekends Friday after school to Monday morning and every Thursday night after school until Friday morning when the children enter school. c. Parents shall share custody of the children during summer school vacation on an alternating week on/week off schedule except for adjustments as the parents may from time to time allow for special trips and for time with the other parent. 3. Telephone: In the spirit of being an accommodating parent with a nurturing obligation to encourage the children's relationship with the other parent, both parents shall allow reasonable telephone contact between the children and the out of custody parent and no reasonable request by a child or parent for a telephone conversation shall be unreasonably denied. 8. Other Holidays: In even numbered years, Mother shall have Martin Luther King Day, July 4th and Columbus Day; Father shall have Memorial Day, Labor Day, and Veteran's Day. In odd years the parties shall reverse the holiday schedule. 9. Transportation: Each party shall share transportation as necessary. 10. Parent Unavailable: In the event either parent is unavailable to care for the children during his or her period of custody for three or more hours, that parent shall first contact the other parent to offer the opportunity to that parent to have custody of the children during the custodial parent's unavailability prior to requesting assistance from any third party. 11. Custody Schedule Adjustments: The parties may deviate from the terms of this Custody Order by mutual agreement. Absent mutual agreement, the terms of this Order shall control. 12. Relocation: No party shall be permitted to relocate the residence of the children that significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the Courtapproves the proposed relocation. A person proposing to relocate MUST comply with Pa.C.S. Section 5337. 13. Cooperation and Non-Disparaqement: The parties shall, from time to time, agree to other changes or modifications to the custody schedule as may be necessary in order to enable both parents to continue to foster and develop a good and health relationship with the children. The parties shall cooperate with one another to encourage the children's relationship with the other parent and shall refrain from any and all conduct, activity or communication which would adversely affect the children's relationship with either parent. Neither party shall make disparaging comments about the other in from of the children nor will they permit any other relative or person to do so. 14. This Order is Reached in Agreement: The parties stipulate that this Order is agreed upon by them and request that it be finalized by the Court. Signed by the Parties: Date: 1113)1' Date: 1)i.)I1`{ VPAte- §I.. enee Sh..ff�r( P'lainti ( Scott Shaffer (De endant) By the Court, tt McPartland, Esq. `Vincent Monfredo, Esq. -Austin Grogan, Esq. Plaintiff Defendant 1.-SCLia Y/iy Children. ... AUTHORITY TO PAY COURT APPOINTED COUNSEL ? ' DEC 19 2014 \k 1. COURT� 0 District Justice 3' ommon Pleas ' 0 Appellate 0 Other 2. VOUCHER 14 9 0 3 NO 3. FOR (D. , C.P., APPELLATE) C r , 4. AT (CITY/STATE) 5. BUDGET�r�CODE cii-2 -,fly ?,4 leo-/S1)a.Goayoa 6. IN THE CASE OF 5 1/4 Ffeet vs S144,1-611-- 7. CHARGE/OFFENSE (PURDON CITATION) 8. 0 PETTY OFFENSE 0 FELONY 0 MISDEMEANOR 9. PROCEEDINGS (Describe briefly) ,1 � 1 5'v 7^6 i / 2/A/ 67 V • 11. PERSON REPRESENTED„.12. CIVIL DOCKET NO. 1 0 Defendant • Adult a 2 0 Defendant •Juvenile A'6.4747/(21 • 3 0 Appellant 13. CRIMINAL DOCKET NO. La 0 Appellee .. 5 0 Habeas Petitioner 6 0 Material Witness 10. PERSON REPRESENTED (Full Name)14. y /MOW S' jig/Cie-Ps i{ ©r C. -L 4 -?J s ldrehci2 7 0 Parolee Charged With Violation 8 0 Probationer Charged With Violation APPEALS DOCKET NO. 9 g' Other. •- C at (.OLE? ( /elC.'' A. s ry s> br 1 !'v ADM Date 4142-9/224142-9/224)/ 16. NAME OF ATTORNEY/PAYEE AND r 1 CO c=1 - '77 MAILING ADDRESS rrim r` -I"` A u s'i-t d C (Lo f,•a4*•-1 x' :t Coy"( "(E 4.„. p C-4”/"16. _ CD, yt� -.4U 3 G f ✓'� +�-�-f � sr- - C) Q = � e. P /� " PA mc) a c: c- 5-5- , , Al. LI ��.i J�, NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE 17. TELEPHONE No. 7f7-737-044 18. seetxr3fC lrtNO 60EINNO Z.S- I gA4fe.4-0- CLAIM FOR SERVICES OR EXPENSES IN COURT t° SERVICE HOURS OATES AMOUNTS CLAIMED a. Arraignment and/or Plea Multiply rate per hour times total "In Preliminary Hearing b.pensation. hours to obtain Court" com- Enter total below. c. Motions and Requests d. Bail Hearings e. Sentence Hearings I. Trial ^ Cv5rb01 1i"fl t'i- 3 r s '1Ti/ y/ i2 , s/ 1 g. Revocation Hearings h. Juvenile Hearings i. Appeals Court 19A. TOTAL IN COURT COMP. I. Other (Specify on additional sheets) TOTAL HOURS = ',f• .5- X $55 PER HOUR Y / = $ / 4 2_ . CO OUT OF oN COURT a. Interviews and conferences r c ii - .1 3. 7-:1.3/ y Multiply rate per hour times total "Out b. Obtaining and reviewing records t r S. / 1(I- I 7.e I de hours. Enter total of Court" compensation below. c. Legal research and brief writing to,O g^ Pe hreelg f, Si Zn d. Investigative and other work (Specify on additional sheets) ‘ r I" 7. I 1 1 `.-4, I y 20k TOTAL OUT OF COURT COMP../ TOTAL HOURS = q. ( X $45 PER HOUR = $ . G-1.0 N OTHER ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM l Mileage $ per mile x Please contact Court Administrator for current mileage rate 21A TOTAL ITEMIZED EXP. =$ "..- 22. CERTIFICATION OF ATTORNEY/PAYEE Has compensation and/or reimbursement for work in this case previously been applied for? 0 YES ' NO 23. GRAND TOTAL CLAIMED = $ (,72010 0 if yes,wereyou paid? 0 YES 0 NO Ifyes,bywhomwere you paid? How much? Has the person represented paid any money , you, or to y. r knowledge anyone else, in connection with the matter for which you were appointed to provide repre • = tali •. ? v YES VNO If yes, give details on additional sheets Q 24. DEDUCT. PRIOR PYMTS. = $ I swear or affirm the truth or correctness '• f •:;'.. . __ vtL Pi t iol 25: NET AMOUNT CLAIMED _ of the above statements Ignatur • •may/•ayes Date = $ (02o- 6-0 VM V 26.nnanuvco F011 • 27. AMT. APPROVED Signature of ;=t %f/(u1t_ $ tQp),C9, b enAYMENI Judge , ►Date: , Copy 1 - Mail to Court Administrator at completion of service