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HomeMy WebLinkAbout10-2179 BETHANY PATTERSON, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § § n CIVIL ACTION - LAW § 71 U, JOSHUA SHAVER, § NO. 10 ' ` Defendant § IN CUSTODY ?z COMPLAINT FOR CUSTODY n AND NOW, comes the Plaintiff, Bethany Patterson, by her attorney, Tanner Law Offices, LLC, and represents as follows: 1. Plaintiff is Bethany Patterson, an adult individual currently residing at 17 Railroad Avenue, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant is Joshua Shaver, an adult individual currently residing at 2001 Red Bank Road, Lot #2, Dover, York County, Pennsylvania 17315. 3. Plaintiff seeks custody of the following child: Name Present Address Age Morgan Sue Shaver 17 Railroad Avenue, Apt. E 6 Shiremanstown, PA 17011 (D.O.B.9/25/2003) 4. The child was born out of wedlock. 5. The relationship of the Plaintiff to the child is that of mother. 6. The relationship of the Defendant to the child is that of father. 7. During the last five years, the child has resided with the following persons at the following addresses: 41'19,00 Po ATTY Wy aqoq 1# -laq 68? 8. 9. 10 II 12 13. Persons . Plaintiff Plaintiff Plaintiff's mother Address: Dates: 17 Railroad Ave., Apt E 03/09 - present Shiremanstown, PA 17011 24 B Ross Ave. 09/03 - 03/09 New Cumberland, PA 17070 The mother of the child is Plaintiff, Bethany Patterson, currently residing at 17 Railroad Avenue, Shiremanstown, Cumberland County, Pennsylvania 17011. The father of the child is Defendant, Joshua Shaver, currently residing at 2001 Red Bank Road, Lot #2, Dover, York County, Pennsylvania 17315. The child has resided with mother since birth and Mother has been the primary caretaker of the child for her entire life. Mother requests sole legal and primary physical custody of the child subject to father's periods of partial supervised physical custody. Mother has significant concerns regarding father's living environment and has concerns about the safety of the subject child. Mother has concerns regarding father's anger management problems and his use of illegal drugs. 14. Father does not have independent housing and currently resides with his elderly grandparents, does not have a driver's license due to a DUI suspension and has a significant criminal background. 15. Upon information and belief, father has a felony conviction; the relevance of which is that the felony was for interference with the custody of a child: the child at issue. 16. Mother requests sole legal custody of the child because of her concern that father would have the legal ability to pick the child up from school and that father would not return the child, as he has done so in the past. 17. Upon information and belief, father does not have a bed for the child and when the child does sleep overnight with father, she shares an air mattress in the living room with father. 18. Until father obtains independent housing and appropriate living arrangements for the child, mother requests that father's periods of custody do not include overnights. 19. Plaintiff has not participated as a party in other litigation concerning the custody of the child in a court of this Commonwealth or any other state. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 21. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 22. The best interests and permanent welfare of the child require Plaintiff to have sole legal custody and primary physical custody and for Defendant to have periods of supervised partial physical custody in a manner agreed upon at conciliation or otherwise to be determined by the Court. WHEREFORE, Plaintiff requests the Court to schedule a custody conciliation conference. Respectfully submitted, - ; ? ? ? ? la,&? If Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Beth Patterson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETHANY PATTERSON, Plaintiff/Respondent vs. JOSHUA SHAVER, Defendant/Petitioner No 2010-2179 IN CUSTODY = M M M rn ?? Xp CIVIL ACTION - LAW ra m ° PETITION TO MODIFY CUSTODY AND NOW, this 1S` day of December, 2010, comes the Petitioner, Joshua Shaver, by and through his attorney, Sean M. Shultz, Esquire, and files the following Petition to Modify Custody and in support thereof avers as follows: 1. The Petitioner is Joshua Shaver, an adult individual residing at 2210 Spring Run Drive, Mechanicsburg, Pennsylvania 17055. 2. The Respondent is Bethany Patterson, an adult individual residing at 17 Railroad Avenue, Apt. E, Shiremanstown, Pennsylvania 17011. 3. Petitioner seeks a modification of the Order of Court dated April 27, 2010, a copy of which is attached hereto and made a part hereof and are marked as Exhibit "A." 4. The Parties are the natural parents of the following minor child: Name Present Residence Age Morgan Sue Shaver ("Morgan") 17 Railroad Avenue, Apt. E, Shiremanstown, PA 7 Morgan was born out of wedlock. 5. Morgan is presently in the physical custody of the Respondent pursuant to the Order of Court dated April 27, 2010. During the past five years, Morgan has resided with the following persons at the following addresses: 9?6 §7d- 00 fwl? cep V z? T-1 goy a. From November 2005 to March of 2009 with Respondent and Respondent's mother, at 24 B Ross Avenue, New Cumberland, Pennsylvania; and b. From March of 2009 to present with Respondent at 17 Railroad Avenue, Apt. E, Shiremanstown, Pennsylvania. The mother of Morgan is the Respondent, Bethany Patterson, who resides at 17 Railroad Avenue, Apt. E, Shiremanstown, Pennsylvania. The father of Morgan is the Petitioner, Joshua Shaver, who resides at 2210 Spring Run Drive, Mechanicsburg, Pennsylvania. 6. The relationship of Petitioner to Morgan is that of father. He is unmarried and currently resides with his father, Carl Shaver, and his stepmother, Evelyn Shaver. 7. The relationship of the Respondent to Morgan is that of mother. She is separated from her husband and resides with Morgan and Morgan's younger brother, Dylan Ronk, and Sarah Ronk. 8. The Petitioner has previously participated in litigation concerning custody of Morgan in this Court at the above-referenced docket. An Order of Court was entered on April 27, 2010. Said Order is cited in Paragraph 3 above and is attached hereto as Exhibit "A" and by reference incorporated herein. 9. The Petitioner does not know of a person not a party to the proceedings who has physical custody of Morgan or claims to have custody or visitation rights with respect to her. 10. Petitioner requests the following changes be made to the April 27, 2010 Custody Order: a) The parties shall share legal custody of Morgan, with Respondent having primary physical custody; b) Petitioner shall have periods of partial custody of Morgan as follows: 1) Every other weekend from Friday at 3:30 p.m., until Sunday at 7:00 p.m. 2) Every other year from 9:00 a.m. to 9:00 p.m. on the following holidays: Easter, Memorial Day, Fourth of July, and Labor Day. 3) Each Thanksgiving Day from 3:00 p.m. until the day after Thanksgiving at 12:00, or after Respondent gets off of work, whichever is later. 4) The parties will follow an alternating AB schedule for Christmas. Period A will be from noon on Christmas Eve until noon on Christmas Day. Period B will be from noon on Christmas Day until noon on December 26. Petitioner shall have custody of Morgan during Period A in even numbered years, and Respondent shall have custody of Morgan during Period B. Respondent shall have custody of Morgan during Period A in odd numbered years, and Petitioner shall have custody of Morgan during Period B. 5) One week per month in the summer for the months of June, July and August. 6) At such other times as the parties can mutually agree. c) Transportation shall be equally shared by the parties. d) Father may pick up Morgan from school or from the babysitter without mother's prior written consent. 11. Each parent whose parental rights to Morgan have not been terminated and the person who has physical custody of Morgan have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of Morgan. 12. The best interests and permanent welfare of Morgan will be met if the custody order is modified as requested because: a) The Petitioner is a fit parent who can take care of Morgan; b) The Petitioner can provide Morgan with a home with adequate moral, emotional and physical surroundings as required to meet her needs; c) The Petitioner is willing to accept shared legal custody and periods of partial custody of Morgan; and e) The Petitioner continues to exercise parental duties and responsibilities and enjoys the love and affection of Morgan. 13. Respondent is represented Tabetha A. Tanner, Esquire in this matter. A copy of this Petition was sent to Respondent at her current address, 17 Railroad Avenue, Apt. E, Shiremanstown, Pennsylvania 17011, and to her counsel, Tabetha A. Tanner, Esquire, at 1300 Market Street, Suite 10, Lemoyne, Pennsylvania 17043. WHEREFORE, the Petitioner respectfully requests Your Honorable Court modify the Custody Order dated April 27, 2010, as requested. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETHANY PATTERSON, Plaintiff/Respondent VS. JOSHUA SHAVER, Defendant/Petitioner No 2010-2179 IN CUSTODY CIVIL ACTION - LAW VERIFICATION I verify that the statements made in the foregoing Petition to Modify are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETHANY PATTERSON, Plaintiff/Respondent No 2010-2179 IN CUSTODY VS. JOSHUA SHAVER, CIVIL ACTION - LAW Defendant/Petitioner CERTIFICATE OF SERVICE AND NOW, this 1" day of December, 2010, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Petition to Modify Custody by First Class Regular United States Mail and by Certified Mail, Restricted Delivery, Return Receipt Requested, addressed as follows: Bethany Patterson 17 Railroad Avenue, Apt. E Shiremanstown, Pennsylvania 17011 Respondent And by regular U.S. Mail to: Tabetha A. Tanner, Esquire 1300 Market Street, Suite 10 Lemoyne, Pennsylvania 17043 Attorney for Respondent Respectfully submitted, LA FFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Petitioner Exhibit "A" APR 2 6 2 C BETHANY PATTERSON, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION - LAW V. § § CUSTODYNISITATION JOSHUA SHAVER, § Defendant § NO. 2010-2179 STIPULATED ORDER FOR CUSTODY Y AND NOW, this 7-44-- day of , 2010, this Order is being entered as a result of an Agreement between the parties as evidenced by the attached Stipulated Custody Agreement, dated April 22, 2010. This matter is before the Court on Plaintiff s Complaint. This matter involves the custody of: Morgan Shaver Date of Birth: September 25, 2003 A. Legal Custody Mother shall have sole legal custody of the child. 1. Drugs and Alcohol: During any period of custody or visitation, neither parent shall possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication, nor permit any other household members and guests or other persons to possess or use any controlled substance or consume alcoholic beverages to the point of intoxication in the presence of the child. 2. No Derogatory Comments: Neither parent shall undertake, or permit by any other person, the poisoning of the child's mind against the other parent, by conversation or otherwise, any communication that explicitly or implicitly Page 1 of 4 degrades, ridicules, condemns, or in any other way attempts to alienate the affections of the child toward the other parent. At all times, each parent shall encourage and foster in the child a sincere affection for the other parent. 3. Telephone Contact: Both parents shall be afforded reasonable telephone contact with the child while in the other parent's custody and for said purposes each parent shall provide the other parent with his or her home telephone number. B. Physical Custody: 1. Primary Custody: Mother shall have primary physical custody of the child. 2. Partial Custody: Father shall have partial custody of the child every other weekend from Saturday at 9 AM until 6 PM and from Sunday at 9 AM until 6 PM. Overnight visits may be added as the parties mutually agree, but not until father can show proof of appropriate sleeping arrangements for the child. 3. Holidays: The holidays shall be defined as New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. All holidays shall be divided as follows: Holiday A shall be defined as 9 AM until 3 PM. Holiday B shall be defined as 3 PM until 9 PM. Mother shall exercise custody of the child for Holiday A. Father shall exercise custody of the child for Holiday B. Page 2 of 4 . 4. Special Days: Child's birthday: The child shall spend her birthday with whichever parent has custody for that day. 5. Precedence: The holiday and Special Days schedule shall take precedence over any other custodial period set forth herein. 6. Transportation: During father's custodial periods, father shall pick the child up from mother's home and drop the child off at mother's home. 7. Emergencies: It is understood that some decisions must be made on an emergency basis. In such an event, the party with physical custody during such an emergency situation, shall act in the child's best interest. Said party shall immediately notify the non-custodial parent of the child's whereabouts and current medical, physical and/or psychiatric condition. Each parent shall promptly notify the other parent in the event that the child suffers an illness or accident requiring hospitalization 8. Pick up at school or babysitter: Father may not pick up the child from school or from the babysitter without mother's prior written consent. 9. Relocation: Neither party may relocate outside of a fifty (50) mile radius from their current residence without permission from the other party or a court order granting said relocation. 10. Custody Issues: The parties are prohibited from discussing custody issues in front of the child, and shall prevent third parties from discussing custody issues Page 3 of 4 h in front of the child. The child shall not be used to carry messages regarding custody between the parents. 11. Waiver of Custody: A waiver of any period of custody during any year shall not be construed as a waiver of any future period of custody. 12. Modification: The parents shall be at liberty to modify the physical custody schedule as indicated herein to accommodate their respective schedules and special occasions, subject to the mutual agreement of both parents. If such modification is in writing (including email) which evidences the mutual agreement of the parents, it shall be binding upon the parties to the extent and for the duration which was mutually agreed upon by the parents. No parent shall be deemed to be in contempt of court for abiding by the terms of any such written mutual agreement. J. 4 TRUE COPY FROM RECORD In Testimony whereof,) here unto set my hand and the 1 f said a! Pa' This Ed?.d 20 .?.. Page 4 of 4 Meow" BETHANY PATTERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA cz. o -v; V. 2010-2179 CIVIL ACTION LAW c ' c, c-7 r~ -v JOSHUA SHAVER ?= E C3 C' IN CUSTODY !' ' DEFENDANT Yp -6 2 ?CZ- co C:h ORDER OF COURT -? Cn AND NOW, Monday, December 06, 2010 _,upon consideration of the attached Complai nt, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 04, 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/ ac ueline M. Verne Es . 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 ,cam, ? 32 South Bedford Street V r Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETHANY PATTERSON, Plaintiff/Respondent VS. JOSHUA SHAVER, Defendant/Petitioner No 2010-2179 IN CUSTODY CIVIL ACTION - LAW CERTIFICATE OF SERVICE c-? c rnrnco rn X? ?r r-rn r1o c-) ca CD C? _T7 rn-n ? vr'' x0 S c a ` -- rs ?r`1 AND NOW, this 14`h day of December, 2010, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint for Partial Custody filed in the above-referenced matter. The Complaint was mailed on December 1, 2010, but actual service took place on December 11, 2010, by Defendant signing for a copy which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Bethany Patterson 17 Railroad Avenue, Apt. E Shiremanstown, Pennsylvania 17055 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-84:12 Attorneys for Defendant/Petitioner ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ??? hen ?cc?sDn I ?,?+ rDad Av?. Sh,-(eMar6ft Kin, PA )7pS5 A. Signature X -P' . L B. Received by (#Rnted NfW C. Date D. Is delivery address differenl,I ollp 1? V If YES, enter delivery add glgbelow: ? 3. Service Type 'Pr6rtified Maill ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) es 2. Article Number (Transfer from sr. ___7010 1060 0001 1048 0858 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Of 2-- BETHANY PATTERSON, Plaintiff V. JOSHUA SHAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-2179 CIVIL ACTION - LAW IN CUSTODY ??. ORDER OF COURT co AND NOW, this 'X4Ab day of ?awo.ry 2011 u o J p' ftsideration c of the attached Custody Conciliation Report, it is ordered and ditleL?ted as ows: 1. The prior Order of Court dated April 27, 2010 is hereby vacated. 2. The Father, Joshua Shaver and the Mother, Bethany Patterson, shall have shared le4al custody of Morgan Sue Shaver, born September 25, 2003. Each parent shall have ;nequal right, to be exercised jointly with the other parent, to make all major non- ergency decisions affecting the Child's general well-being including, but not limited to,lall decisions regarding her 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has po session of any such records or information, that parent shall be required to share the s e, or copies thereof, with the other parent within such reasonable time as to make the rec rds and information of reasonable use to the other parent. Both parents shall be ent tied to full participation in all educational and medical/treatment planning meetings an evaluations with regard to the minor child. Each parent shall be entitled to full and ?o plete information from any physician, dentist, teacher or authority and copies of any rep rts given to them as parents including, but not limited to: medical records, birth ;e ificates, school or educational attendance records or report cards. Additionally, each 'ar nt shall be entitled to receive copies of any notices which come from school with -eg d to school pictures, extracurricular activities, children's parties, musical are entations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows so long as he is living with his Father: Ef: n R? o 0 by ? O CD G ? A. Alternating weekends from Friday at 4:30 p.m. to Sunday at 5:30 p.m. B. Every Tuesday from 4:30 p.m. to 7:00 p.m. C. Such other times as agreed by the parties. 5. HolidaysNacations. A. Thanksgiving shall be shared such that Mother shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. on Thursday to Friday at 7:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon on December 26. Father shall have physical custody of the child for Block A in odd numbered years and Block B in even numbered years. Mother shall have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. C. Mother shall have physical custody of the child for Mother's Day from 9:00 a.m. to 5:30 p.m. Father shall have physical custody of the child for Father's Day from 9:00 a.m. to 5:30 p.m. D. Memorial Day shall be alternated among the parties with Mother having odd numbered years and Father having even numbered years. If the holiday falls on Father's regular custodial weekend, his custodial time shall be extended until 5:30 p.m. on Monday. Otherwise the custodial times for the holiday shall be 9:00 a.m. to 5:30 p.m. E. July 4 h shall be alternated from year to year from 12:00 noon to 9:00 p.m. Mother shall have even numbered years and Father shall have odd numbered years. F. Labor Day shall be alternated among the parties with Mother having even numbered years and Father having odd numbered years. If the holiday falls on Father's regular custodial weekend, his custodial time shall be extended until 5:30 p.m. on Monday. Otherwise the custodial times for the holiday shall be 9:00 a.m. to 5:30 p.m. G. Father shall have three non-consecutive weeks in the summer, one week each in June, July and August, provided he give Mother 30-days prior notice. If Father is working during these weeks, then the child will attend daycare. The child will only miss one week of daycare during Father's summer weeks. 6. Transportation shall be shared such that the receiving party shall transport. The part: es acknowledge that Mother's vehicle is unreliable and Father, if requested, will pro ide all transportation for a legitimate reason. Father shall transport both ways on Tue days. 7. The parties shall have reasonable telephone contact with the child. 8 During any period of custody, neither parent shall possess or use any controlled substance, or consume alcoholic beverages, nor permit any other household members and g ests or other persons to possess or use any controlled substance or consume alcoholic b?verages in the presence of the child. 9. Neither parent shall undertake, or permit by any other person, the poisoning of the child's mind against the other parent, by conversation or otherwise, any communication that explicitly or implicitly degrades, ridicules, condemns, or in any other way attempts to alienate the affections of the child toward the other parent. At all times, each parent shall courage and foster in the child a sincere affection for the other parent. It is understood that some decisions must be made on an emergency basis. In h an event, the party with physical custody during such an emergency situation shall in the child's best interest. Said party shall immediately notify the non-custodial .nt of the child's whereabouts and current medical, physical and/or psychiatric dition. Each parent shall promptly notify the other parent in the event that the child 2ers an illness or accident requiring hospitalization. III Father may not pick up the child from school or from the babysitter without mother's prior written consent, except as provided in this Order. 12 Neither party may relocated outside of a fifty (50) mile radius from their current res?II dence without permission from the other party or a court order granting said ?r13.' The parties are prohibited from discussing custody issues in front of the child, and sh 1 prevent third parties from discussing custody issues in front of the child. The child shat 1 not be used to carry messages regarding custody between the parents. 14. ! A waiver of any period of custody during any year shall not be construed as a waiver of any future period of custody. 15. Holidays shall take precedence over any other custodial period set forth herein. 16. This Order is entered pursuant to an agreement of the parties at 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. BY THE COURT, ?N --? ?-NA ? M. L. Ebert, Jr., J. C : Sean M. Shultz, Esquire, counsel for Father ?? Tabetha A. Tanner, Esquire, counsel for Mother as ?°"' C-p C= CS n rn XA- rn- °- ?r © ? MW C CDM BETHANY PATTERSON, Plaintiff V. A SHAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-2179 CIVIL ACTION - LAW : IN CUSTODY JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL EDURE 1915.3-8, the undersigned Custody Conciliator submits the following The pertinent information concerning the Child who is the subject of this ,n is as follows: DATE OF BIRTH Sue Shaver September 25, 2003 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on January 18, 2011, with the fol owing in attendance: The Father, Joshua Shaver, with his counsel, Sean M. Shultz, Es uire, and the Mother, Bethany Patterson, with her counsel, Tabetha A. Tanner, ri o .....o 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated April 27, 2010 providing for Mother to have sole legal custody and primary physical custody wit Father having periods of partial physical custody on alternating weekends. 4. The parties agreed to an Order in the form as attached. icqWin=e=M:?= . Verney, Esquire Custody Conciliator JOSHUA E. SHAVER Plaintiff V. BETHANNY S. PATTERSON Defendant EMERGENCY COMPLAINT FOR TEMPORARY CUSTODY AND NOW, this 18th day of October, 2011, comes the Plaintiff, JOSHUA E. SHAVER, by and through his attorney, Trudy A. Marietta Mintz, Esquire, bring this Emergency Complaint for Temporary Custody and for cause states as follows: 1. Plaintiff Joshua E. Shaver is an adult individual residing at 2210 Spring Run Drive, Mechanicsburg, Cumberland County, PA 17055. 2. Plaintiff is the father of the child who is the subject of this Complaint for Custody. 3. Defendant Bethanny S. Patterson is an adult individual residing, upon information and belief, at both 127 Emaus Street, Middletown, PA 17057 and 24 Ross Avenue, New Cumberland, PA 17070. 4. Defendant is the mother of the child who is the subject of this Complaint for Custody. 5. The minor child who is the subject of this action is Morgan Sue Shaver, born out of wedlock to the parties in Dauphin County, PA, is currently in the custody of the Plaintiff father. 6. The relevant information regarding the minor child is as follows: Name: Morgan Sue Shaver Present Residence: 2210 Spring Run Drive, Mechanicsburg, PA 17055 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV IA C. rn rz?s ? NO. 2010-2179 r' `er p ` : CIVIL ACTION - LAW : IN CUSTODY . cxa ,f7o, 0( )Pd 'y 1 ck? 1(.i? ;,-66 ; A4 Q Date of Birth: 9/25/2003 Present Age: 8 years old 7. Plaintiff resides with the following persons: Morgan Sue Shaver - minor child at issue - born 9/25/2003 Carl Shaver - father - born 5/11/1961 Evelyn Shaver - stepmother - born 4/4/1961 Courtney A. Young - sister of plaintiff - born 10/ 12/86 Defendant. On information and belief, resides with the following persons: At 127 Emaus Street, Middletown, PA - Laura E. Manley - sister of defendant - age unknown Keaton Manley - brother-in-law of defendant - age unknown Keaton Manley, Jr. - nephew of defendant - approximately 6 years old Annastia Manley - niece of defendant - approximately 5 years old Natalia Manley - niece of defendant - approximately 2 years old Greenlee Manley - niece of defendant - infant At 24 Ross Avenue, New Cumberland, PA Dylan Ronk - son of defendant - born 5/23/2005 Willard Arter - grandfather - age unknown Arla Arter - grandmother - age unknown 9. Since birth, on information and belief, Morgan Sue Shaver has resided with the following persons at the following addresses at the following approximate dates: Names: Plaintiff, Defendant, Willard Arter, Arla Arter, Sara Ronk Address: 40 Shawnee Trail, York Haven, PA 17370 Dates: 9/25/2003 - 1/31/2004 Names: Plaintiff, Defendant, Caleb Patterson, Amanda Markle Address: 5145 Susquehanna Trail, Lot D1, Strinestown, PA 17402 Dates: 2/1/2004 - 4/30/2004 Names: Defendant, Willard Arter, Arla Arter, Sara Ronk Address: 40 Shawnee Trail, York Haven, PA 17370 Dates: 5/1/2004 - 5/31/2005 2 Names: Defendant, Caleb Patterson, Dylan Ronk, Dimitri (Last name unknown), daughter of Dimitri Address: 2744 Reel Street, Harrisburg, PA 17110 Dates: 6/1/2005 - 3/30/2006 Names: Defendant, Caleb Patterson, Dylan Ronk Address: Townhouse development off of Union Deposit Road Dates: 4/1/2006 - 3/31/2007 Names: Defendant, Willard Arter, Arla Arter, Dylan Ronk Address: 24 Ross Avenue, New Cumberland, PA 17070 Dates: 4/1/2007 -10/31/2007 Names: Defendant, Amanda Nicoll, Edward Nicoll, Christopher Nicoll, Dylan Ronk, Address: Tower Road, Dover, PA 17315 Dates: 11/1/2007 - 11/31/2008 Names: Defendant, Willard Arter, Arla Arter, Dylan Ronk Address: 24 Ross Avenue, New Cumberland, PA 17070 Dates: 12/1/2008 - 6/30/2009 Names: Defendant, Dylan Ronk, Kenneth Ryder, Leah Ryder Address: 17 Railroad Avenue, Shiremanstown, PA 17011 Dates: 7/1/2009 - 8/31/2009 Names: Defendant, Caleb Patterson, Dylan Ronk Address: 17 Railroad Avenue, Shiremanstown, PA 17011 Dates: 9/1/2009 - 3/30/2010 Names: Defendant, Dylan Ronk, Sara Ruby Address: 17 Railroad Avenue, Shiremanstown, PA 17011 Dates: 4/1/2010 - 1/31/2011 Names: Defendant, Dylan Ronk Address: 17 Railroad Avenue, Shiremanstown, PA 17011 Dates: 2/1/2011 - 5/31/2011 Names: Plaintiff, Carl Shaver, Evelyn Shaver, Courtney Young Address: 2210 Spring Run Drive, Mechanicsburg, PA 17055 Dates: 6/1/2011 - present 3 10. The minor child, Morgan Sue Shaver, is the subject of a Custody Order dated 1/24/2011 in Cumberland County, PA case number 2010-2179. No further Orders of Custody exist regarding this minor child. 11. The current Custody Order states that primary custody of the minor child is with the Defendant mother with every other weekend and one evening per week visitation with the Plaintiff father. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 14. Each parent whose parental rights to the child have not been terminated and the person who currently has physical custody of the child have been named as parties to this action. 15. On June 1, 2011, Plaintiff picked up the minor child for scheduled visitation of one week. 16. Defendant subsequently extended the week visitation to two weeks stating that she "had been a mother since eighteen and needed a break." 17. On June 18, 2011, Defendant Bethanny Sue Patterson informed Plaintiff Joshua E. Shaver via telephone that her electricity had been shut off and that she did not have a car and that the minor child "would be better off with him." 4 18. On August 19, 2011, Defendant Bethanny Sue Patterson executed a document, which is attached as Exhibit A, invalidating the current Custody Agreement and agreeing that the minor child shall reside with Plaintiff "for the school year." 19. Plaintiff enrolled the minor child in the elementary school local to his home, specifically Shepardstown Elementary, in the second grade where she is performing well academically and has perfect attendance. 20. On information and belief, Defendant was admitted to Holy Spirit Hospital by her parents on an involuntary 72 hour hold on October 2, 2011. 21. On information and belief, Defendant was released from the psychiatric unit on October 6, 2011. 22. On information and belief, Defendant remains a patient at Holy Spirit Hospital as part of an out-patient program from 9:00 a.m. to 3:00 p.m. daily. 23. On October 12, 2011 Defendant contacted Plaintiff and informed him that she intended to enforce the terms of the current Custody Agreement. 24. On October 14, 2011, the child's grandfather, Willard Arter, picked up the child at the Plaintiff's residence, purportedly to transfer her to Defendant. 25. Defendant's grandfather temporarily returned the minor child to the Plaintiff on the evening of October 16, 2011 so that the minor child can have school pictures taken. 26. Defendant has informed Plaintiff that beginning October 24, 2011 she intends to retake primary custody of the minor child and enroll her in Middletown Elementary School. 5 27. The best interest of the minor child, Morgan Sue Shaver, would be to have temporary emergency custody granted to Plaintiff Joshua E. Shaver because the current mental state of the Defendant mother is at issue and may be a danger to the health and welfare of the minor child. Additionally, if allowed to return to the primary custody of the Defendant, the minor child will not be attending the school at which she has been enrolled since August and is performing well. WHEREFORE, Plaintiff, JOSHUA E. SHAVER, respectfully requests that this Honorable Court enter an Order granting him temporary emergency custody and scheduling a custody conciliation conference to determine permanent custody. Respectfully Submitted. RUDY A. MA TTA MINTZ, Esquire PA ID #208523 The Law Office of Trudy A. Marietta Mintz 14 N. Walnut Street Mechanicsburg, Pa 17055 (717) 458-5921 t_mmlaw yahoo com Attorney for Plaintiff 6 r c ' ??=- ? ?? fir? r O? f ?( fir JOSHUA E. SHAVER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff `• : NO. 2010 - 2179 BETHANNY S. PATTERSON : CIVIL ACTION - LAW : IN CUSTODY Defendant _ VERIFICATION I verify that the statements made in the 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: 7 JOSHUA E. SHAVER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BETHANNY S. PATTERSON, DEFENDANT NO. 10-2179 CIVIL IN RE: EMERGENCY COMPLAINT FOR TEMPORARY CUSTODY ORDER OF COURT AND NOW, this 21St day of October, 2011, upon consideration of Plaintiff's Emergency Complaint for Temporary Custody and the Court noting that the child has been attending Shepherdstown Elementary School in the Mechanicsburg School District since the beginning of the 2011-2012 school year by agreement with Defendant, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff, Joshua E. Shaver, shall have temporary emergency custody of the child pending further Order of Court. A custody conciliation conference in this matter is scheduled for Tuesday, November 1, 2011, with Jacqueline M. Verney, Esquire. Trudy Marietta Mintz, Esquire Attorney for Plaintiff ethany Patterson Defendant By the Court, '` i, uA, M. L. Ebert, Jr., J. 127 Emaus Street, Middletown, PA 17057 Or 24 Ross Avenue, New Cumberland, PA 17070 bas t E,S ? [ mac. 21 I? 717 c 14 JOSHUA E. SHAVER, Plaintiff V. BETHANNY S. PATTERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2010-2179 CIVIL ACTION -LAW IN CUSTODY '- ORDER OF COURT - AND NOW, this day of 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 77 1. A Hearing is sched led in Court Room No. ;), , of the Cumberland County Court House, on the & Al Orday of jr- , 201 at 0 o'clock, 4L. M., at which time testimony will be taken. or purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the 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. 2. The Orders of Court of the Honorable M.L. Ebert, Jr., dated October 21, 2011 and January 24, 2011 shall remain in full force and effect except as modified hereinafter. 3. Father shall have primary physical custody of the child. 4. Mother shall have periods of partial physical custody on alternating weekends beginning November 4, 2011 from Friday at 4:30 p.m. to Sunday at 5:30 p.m. and every Wednesday from 4:30 p.m. to 7:00 p.m. 5. In the event that either party is in need of a babysitter for more than 2 hours during their period of physical custody, they shall notify the non-custodial parent and offer said time to the non-custodial parent. 6. Transportation shall be shared such that the receiving party shall transport. 7. Neither party, nor any third party, are permitted to discuss this custody matter with the child. ?. CD 8. Father shall immediately notify the school that Mother is an emergency contact for the child. In addition, Father shall provide medical and school information to Mother. However, Mother shall take proactive steps to obtain school information directly. 9. 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, M.-t_ M.L. Ebert, Jr., N OJ, ? cc: Trudy Marietta Mintz, Esquire, Counsel for Father Tabetha A. Tanner, Esquire, Counsel for Mother lopw- tt I3? 1? JOSHUA E. SHAVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-2179 CIVIL ACTION - LAW BETHANNY S. PATTERSON, . Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Morgan Sue Shaver September 25, 2003 Father 2. A Conciliation Conference was held November 1, 2011 with the following individuals in attendance: The Father, Joshua E. Shaver, with his counsel, Trudy Marietta Mintz, Esquire, and the Mother, Bethanny S. Patterson, with her counsel, Tabetha A. Tanner, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody with Mother having alternating weekends and one evening per week. Father seeks a custody evaluation. Father asserts that Mother relinquished primary custody in the summer and signed a note to the school the child would attend stating so. Father maintains that Mother had a psychiatric in patient stay recently and that Mother's living arrangement is not appropriate for the child. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody, with Father having alternating weekends and one evening per week. Mother indicates that she temporarily transferred primary physical custody to Father with the understanding that it would be returned to her upon request. Mother maintains that she will be released from counseling soon and that her home with her step sister is appropriate. Mother does not agree with a custody evaluation. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the child in the primary physical custody of the Father with Mother having alternating weekends and one evening per week. It is expected that the Hearing will require one day. Date .Jacqu ne M. Verney, Esquire , Custody Conciliator SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OF; IFF Joshua Shaver vs. Bethanny Patterson Case Number 2010-2179 SHERIFF'S RETURN OF SERVICE 10/21/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Bethanny Patterson, but was unable to locate her in hi', bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Emergency Complaint for Temporary Custody according to law. 10/21/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Bethanny Patterson, but was unable to locate her in hi: bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Emergency Complaint for Temporary Custody according to law. 10/26/2011 03:20 PM - York County Return: And now October 26, 2011 at 1520 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Emergency Complaint for Temporary Custody, upon the within named defendant, to wit: Bethanny Patterson by making known unto herself personally, at 24B Ross Avenue, New Cumberland, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/26/2011 Dauphin County Return: And now, October 26, 2011 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Bethanny Patterson the defendant named in the within Emergency Complaint for Temporary Custody and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. Request for service at 127 Emaus Street, Middletown, Pennsylvania 17057 the Defendant was not found. Current resident at this address advised Deputies, Bethanny Patterson is residing with her Mother at 24 Ross Avenue, New Cumberland, Pennsylvania 17070. SHERIFF COST: $52.75 November 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ? mod.. ...... r n Cdr ?. Cl7 ? ?.. ? r?S C? co C) ' m r- -7, C'F =; ca !fl i,olm'7i11CB S'he:'?ff. 7E;IP.OSOf?. (??:;. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuedeber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration JOSHUA SHAVER vs. BETHANNY PATTERSON Case Number 2010-2179 SHERIFF'S RETURN OF SERVICE 10/26/2011 03:20 PM - DEPUTY DAVID GOOD, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CUSTODY (CICU) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: BETHANNY PATTERSON AT 24 B ROSS AVENUE, NEW CUMBERLAND, PA 17070. OiL - ? / 45? DA I OOD, DEPUTY SHERIFF COST: $47.98 November 17, 2011 SO ANSWERS, RICHARD P EUERLEBER, SHERIFF NOTARY Affirmed and subscribed to before me this COM 0NMNA_Qf p CIA 17TH day of NOVEMBER 2011 A L ?-` CITY OF YORK, YORK COUNTY L COMMISSION EXPIRESAUG. 12. 2013 M r.g Elf th e ?4,rrfff William T. Tully Alk Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin JOSHUA E SHAVER VS BETHANNY S PATTERSON Sheriff s Return No. 2011-T-3758 OTHER COUNTY NO. 20102179 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BETHANNY S PATTERSON the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, OCTOBER 26, 2011. AS PER RESIDENT DEFT IS NOT CURRENTLY AT 127 EMAUS STREET, SHE IS STAYING WITH HER MOM AT 24 ROSS AVENUE, NEW CUMBERLAND, PA 17070 Sworn and subscribed to So Answers, before me this 27TH day of October, 2011 -)P*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 Sheriff of Dauphin County, Pa. By Deputy Sheriff Deputy: NAN A MILLER Sheriffs Costs: $47.25 10/25/2011 JOSHUA E. SHAVER, Plaintiff V. BETHANY S. PATTERSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 26b). At-a?jq CIVIL ACTION - LAW CUSTODY ACTION ORDER AFTER CONSIDERATION of the Agreement for Custody submitted for approval by the parties, it is this day of M %jr t?c1, , 2012 hereby: ORDERED that the Custody Agreement is to be entered pursuant to the agreement of the parties. JUDGE (D?? C-) rn -. cry C-1 - Law f zees 9 Z f 1 I �tl n T1, Trudy Trudy A.Marietta Mintz,Esquire J y~ R22 2: f,� Attorney ID#208523 CUMQERL!No Mechhaniicslbururg,PA 17055 17055 PENNS YL�A���k Y Telephone—(717)458-5921 Fax—(717)458-5954 tmmiaw @yahoo.com JOSHUA E.SHAVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.2010-2179 BETHANY S.PATTERSON, : CIVIL ACTION-LAW Defendant : CUSTODY ACTION RESPONSE TO DEFENDANT/PETITIONER'S PETITION FOR MODIFICATION OF CUSTODY COMES NOW the PlaintiffJRespondent,JOSHUA E. SHAVER,by and through his Attorney, Trudy A. Marietta Mintz,Esquire,and responds to the Petition of the Defendant/Petitioner as follows: 1. Joshua E. Shaver,the Plaintiff/Respondent,hereinafter referred to as"Father", is an adult residing at 611 3`d Street,First Floor,New Cumberland,Pennsylvania, 17070. 2. Bethanny S. Patterson,hereinafter referred to as"Mother", is an adult residing at 30 Timber Lane,Newville, Pennsylvania, 17241. 3. The parties are the natural parents of the subject of this Petition, Morgan Sue Shaver, age 9,born September 25,2003. 4. The parties voluntarily entered into a Custody Agreement one year ago which was approved by the Court on March 15, 2012 consisting of Father having primary physical custody during the school year and Mother having partial physical custody,to wit,every i other weekend and one week-day visitation from time of school release to 8:00 pm. ! i 5. Summer custody consists of shared physical custody on an alternating week schedule. 6. A copy of the Custody Agreement is attached hereto and made a part hereof as Exhibit A. 7. Father has abided by the Custody Agreement since the inception of the Agreement. 8. The Agreement specifically states in Paragraph 10 that the maternal grandmother has a longstanding loving and positive relationship with the minor child and that any portion of the visitation allotted for the mother may be exercised by the maternal grandmother. i 9. In paragraph 6 of the Agreement it is specifically stated that the maternal grandmother shall have the right to care for the minor child during any weekday in which the there is no school and the parents are unavailable. 10. The maternal grandmother has requested,and been granted by the Father,additional time with the minor child and expressed gratitude to the Father for his willingness to foster the relationship j 11. Maternal grandmother, on information and belief, is not in favor of relocating the f minor child to Shippensburg as it will substantially impact upon the relationship. 12. Father has never evidenced any desire to relinquish the primary physical custody of the minor child,has never ceded primary care of the minor child to any other person, and continues to be responsible for the care of the minor child. i 13. Father has never violated the Custody Agreement regarding Mother's visitation and has made the child available to either Mother or maternal grandmother in Mother's stead when Mother has chosen not to exercise the custody. 14. The minor child attends school approximately two(2)blocks from the Father's home and has demonstrated both social and academic success at her school since the beginning of the academic year. 15. Mother has moved four(4)times since the Custody Agreement was enacted,to wit: I ■ • • 1. March 2012 to July 2012—Manchester,PA—street address unknown—with her biological sister Sara Ruby; 2. July 2012 to November 2012—737 Hummel Avenue,Lemoyne,PA 17043— with her boyfriend,Vince Good; 3. November 2012 to January 2013 —611 E. 3`d Street,New Cumberland, PA 17070—with Father, in separate bedrooms,due to financial and personal problems of Mother; 4. January 2013 to present—30 Timber Lane,Newville,PA 17241 —with her boyfriend Nathan(last name unknown)and an unknown number of his children,on information and belief,depending on his custody schedule. 15. Mother's statement that she will purportedly have a"stable and suitable home"in Shippensburg is not ripe for consideration as the move has not taken place and does not constitute a substantial change in circumstances. 16. Mother's demonstrated history of unstable living conditions within the past year, and since the birth of the minor child as enumerated in the previous Emergency Complaint for i Temporary Custody,which is attached hereto and made a part hereof as Exhibit B,does not lend itself to regular attendance at a school for the minor child and maintenance of social and academic success. 17. Mother has not provided Father with the required Notice of Proposed Relocation which would be required as an intention to relocate the minor child to Shippensburg would substantially impair the ability of the non-relocating Father to facilitate custodial transfers as the transportation is to be shared per the terns of the current Custody Agreement. i 18. The statement made in Mother's Petition for Modification of Custody that Father has "relinquished"care of the minor child and that it is"evident that Father does not want Physical custody", which is apparently based upon the amount of time that the minor I child spends with her maternal grandmother,effectively penalizes Father for following the current Custody Order agreed upon just one year ago by the parties. 19. Penalizing Father for following the Custody Agreement is contrary to the interests of justice,makes a mockery of the previous proceedings,and most importantly is not in the best interest of the minor child who has a settled routine,is well-cared for by her Father, and has maintained a close relationship with her maternal grandmother. 20. It would be in the best interest of the minor child to maintain the status quo as set forth in the current Custody Order as father has provided a stable and loving home for the child and has followed the Custody Order diligently. 21. Father believes,and therefore avers,that removing the minor child from the environment in which she is flourishing and granting Primary Physical Custody to Mother who has a demonstrated history of instability will endanger the health, safety,and well-being of the minor child. THEREFORE, Father respectfully requests that the current Custody Order remain in place. Date xa Respectfully submitte Truly A.Wfietta Mintz, Esquire Attorney ID#208523 236 East Main Street Mechanicsburg,PA 17055 (717)458-5921 Attorney for PlaintifflRespondent ! i i JOSHUA E.SHAVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.2010-2179 BETHANY S.PATTERSON, : CIVIL ACTION-LAW Defendant : CUSTODY ACTION 4 VERIFICATION I verify that the statements made in the 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 unworn falsification to authorities. r Date: �J 3 Jo . S ver i i i I 1 i EXHIBIT A JOSHUA E.SHAVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA. V. : NO.2010-2179 cl CIVIL ACTION-LAW BETHANY S.PATTERSON, �� �'» Defendant : CUSTODY ACTION =# - -<> i C71 CUSTODY AGREEMENT 1. The Father,Joshua E. Shaver,herein after referred to as"Father", and the Motrwr, Cn Bethany S. Patterson,herein after referred to as"Mother",shall have shared legal custody of j Morgan Sue Shaver,born September 25.2003. Each parent shall have an equal right,to be i exercised jointly with the other parent,to make all major non-emergency decisions affecting the child's general well-being including,but not limited to,all decisions regarding her health, education and religion. Should emergency treatment be required,the parent currently in custody I of the minor child shall exercise good judgment in obtaining appropriate medical care and inform the other parent of the actions taken as soon as is practicable. 2. Pursuant to the terms of 23 Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the 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 j i 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. Both parents shall be entitled to full participation in all educational and medical treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist,teacher or authority and copies or any reports given to them as parents including,but not limited to:medical records,birth certificates,school or educational attendance records and report cards. Each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties,musical presentations,back-to-school nights, school programs and functions, and the like. Additionally,the grandparents shall be entitled to receive copies of any notices which come I 1 I - I from school with regard to school pictures,extracurricular activities, child's parties,musical presentations,back-to school nights, school programs and functions, and the like. 3. The Father shall have primary physical custody of the minor child during the period of the school year. The Mother shall have partial physical custody of the minor child every other weekend and one day during the week to be agreed upon by the parties during the school year. The weekend shall begin following the minor child's release from school and end at 6:00 p.m. on I Sunday evening. The weekday shall be scheduled from the time of the minor child's release from school and end at 8:00 p.m.that evening. All homework required for the following day shall be completed prior to the minor child's return to father's home. Father shall ensure that the minor child is in possession of all materials provided by the school in regards to the homework required to be completed. I 4. School Holidays occurring on a Friday or Monday immediately preceding a party's period of custody shall be included in that party's custodial weekend. Friday school Holidays preceding mother's custodial weekends shall entitle mother to custody of the minor child beginning at 9:00 am Friday morning. Monday school Holidays following mother's custodial weekends shall entitle mother to retain custody of the minor child until 6:00 pm Monday night. 5. During the school summer break the parties shall share physical custody of the minor child. Physical custody shall be exercised on a"week on-week off'basis with the exchange of custody to take place at 5:00 p.m. each Sunday evening. F i 6. During any weekday periods not specifically addressed in this document in which the minor child does not have school and the parents are unavailable,the minor child shall be cared for by the maternal grandparents. If the maternal grandparents are unavailable or otherwise 1 unable to care for the minor child,the paternal grandparents shall care for the minor child. 7. Each shall be entitled to two 2 ! party ( )periods of vacation per calendar year consisting of one(1)week uninterrupted time with the minor child,to wit,two non-consecutive weeks of vacation. The parties shall provide thirty(30)days written notice to the other parties stating the 2 r t t j 3 1 t dates the party intends to exercise this provision. Due care shall be taken to respect existing plans of the parties and the parties shall take precautions to minimize potential conflict regarding vacation by open communication regarding upcoming events and/or long-term activities of the minor child. Vacation taken during the school summer break shall be scheduled during the currently provided custodial week.It is recognized,however,that the parties have agreed that mother shall have vacation from July 21 to July 27 of the year 2012 due to preexisting prepaid arrangements. Vacation taken during the school year shall be scheduled to begin or end concurrently with a custodial weekend. Vacations scheduled during the school year,by either party, which entail absence from school shall consider testing or other mandatory academic requirements and the impact of absence on the academic progress of the minor child. 8. The exchange time may be modified upon mutual agreement by the parties. The facilitating family members,to wit,maternal and paternal grandparents,shall support and enforce the decisions made by the parties regarding modifications to exchange time. 9. During non-custodial periods,the minor child shall contact either mother or maternal grandmother via telephone during periods of father's custody every Tuesday,Thursday and Saturday at 7:00 pm unless activities preclude that specific time. Should activities preclude that specific time,father will inform mother or maternal grandmother of the activity and arrange for another mutually agreeable time. f i 10. It is recognized that the maternal grandparents have had a continuing close,loving and supportive relationship with the minor child. Therefore,in recognition of the benefit of this 1 relationship to the minor child,it is agreed that the maternal grandparents may exercise any portion of the visitation provided for in this Agreement to the mother,at their residence at 24 B Ross Avenue,New Cumberland,PA,either in the presence or absence of the mother. 1 t 3 11. None of the provisions involving the maternal or paternal grandparents shall be construed to diminish in anyway the authority of father and mother to determine what is in the best interest } of the minor child. Final decisions regarding the health, education and welfare of the minor child shall rest solely with them. Neither the maternal grandparents nor the paternal grandparents nor l 3 I I� any member of the extended family on either side shall have the authority to communicate directly with providers of education,medical care, dental care,vision care, or extracurricular activities. Any persons other than the parents currently authorized to communicate directly with the providers of the above enumerated providers shall be removed and both parents shall be permanently authorized to communicate with the above enumerated providers. An exception shall exist for seeking emergency medical care should an emergency arise in their presence and in the absence of a parent. However, in the event of an emergency occurring in the absence of either parent,both parents shall be notified of the emergency as soon as is practicable. 12. Thanksgiving shall be divided into two Blocks. Block A shall be from the Wednesday before Thanksgiving at 5:00 pm to Thanksgiving Day at 2:00 pm. Block B shall be from Thanksgiving Day at 2:00 pm to the Friday after Thanksgiving at 5:00 pm. Mother shall have i Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 13. Christmas shall be divided into two(2)Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. The remaining Christmas break shall be evenly shared between the parents by excepting the time allotted previously between Christmas Eve at 12:00 noon to December 26 at 12:00 noon and dividing the balance into two(2)blocks of consecutive time. The party exercising block A shall be entitled to custody during the second block of consecutive time to include the New Year Holiday. The party exercising block B shall be entitled to custody during the first block of consecutive time. The parties understand and agree that the school ' Christmas Holiday schedule is variable and agree to work cooperatively with the other to ensure fairness of custodial time and a peaceful holiday for the minor child. i 14. Easter shall be divided into two(2)blocks. Easter A shall be from Saturday at 9:00 am to Sunday at 2:00 pm. Easter B shall be from Sunday at 2:00 pm to Monday at 6:00 pm. Mother shall have Block A in even years and Block B in odd numbered years. Father shall have Block A 4 x in odd numbered years and Block B in even numbered years. In the event that the minor child has school on the Monday following Easter to make up for snow days incurred during the year, that parent shall provide transportation to and from school prior to the return to the normal custodial schedule at 6:00 pm. The parties recognize this potential and agree to work together amicably to provide"make-up time"for the party who has lost time due to the school schedule. 15. Memorial Day and Labor Day shall be alternated by the parties each year with due regard for the previously addressed vacation schedule for both parties so that neither party is deprived of the company of the child for an unreasonable amount of time. Custody of the minor child over the Memorial Day and Labor Day weekend shall include the weekend previous to the Holiday as well as the Monday Holiday until 6:00 pm. 16. July 4`�shall be divided into two{2)blocks. Block A shall be fi orn July 3`d at 5:00 pm to July 4a'at 2:00 pm. Block B shall be from July 0 at 2:00 pm until July 5`h at 5:00 pm. Mother shall have Block A in even years and Block B in odd years. Father shall have Block A in odd years and Block B in even years. , 17. School Spring Break shall be alternated by the parties every year with due regard for the I previously addressed vacation schedule for both parties so that neither party is deprived of the company of the child for an unreasonable amount of time. } 18. Transportation shall be shared such that the receiving party shall b=Vort. Family members,to wit,maternal and paternal grandparents,involved in facilitation of custody shall be included in the definition of"receiving party"and shall have the right to transport the minor child. 19. Neither party shall use illegal drags or partake in alcohol to the point of intoxication immediately prior or during their periods of custody nor shall they permit third parties to be in the presence of the minor child while undertaking such activities. I I 5 � I I 20. Neither shall disparage the other party sparag party,or any member of the minor child's extended family,to the child or within the hearing of the child nor will they allow a third party to do so. "Third party"is to be read to include grandparents and"disparage"shall be read to mean comments regarding timeliness/punctuality,financial abilities,personal habits, or dissatisfaction with custodial, support,or transportation arrangements. The parties agree to provide such conditions as to foster a feeling of mutual love and respect for both parents and the extended family of the minor child. i 21. Father shall take all actions necessary to have the minor child covered by the Children's Health Insurance Program, also known as"C.H.I.P",to include obtaining the minor child's birth certificate from the Commonwealth in order to facilitate registration and shall do so in a timely fashion. Father further agrees to provide a copy of the minor child's birth certificate,upon receipt from the Commonwealth,to mother. 22. The parties,in the spirit of cooperation and the best interests of their shared minor child, ma y modify the provisions of this Agreement by mutual consent. Matters beyond minor time changes and the like shall be in writing to facilitate and encourage mutual understanding. In the absence of mutual consent,the terms of this Agreement shall control. I 23. No party is charged with or has been convicted of an offense enumerated in 23 Pa.C.S. §5303(b), (b.1), or(b.2), or an equivalent offense in another jurisdiction. 24. No party shall relocate the child if such relocation will significantly impair the ability of the non-relocating party to exercise his or her custodial rights unless(a)every person who has custodial rights to the child consents to the proposed relocation or(b)the court approves the proposed relocation. The party seeking relocation must follow the procedures required by Pa.c.S. §5337 as set forth in Exhibit A attached to this order. r I i 6 i II I i r t f EX _T A Rl�QU1R NTS R AARDM RELOCATION OF RiI D A relocation is a.=move or change of residence that will significantly impair the a4k of the non- r�ooatlng party to easily exert lee periods of custody. You cannot relocate -the c!f(ron) wMaut following these procedures. If you are contemplating such a move,ipu are urged to seek th e advice of an attorney to make sure that you are following the procedures. You are not permitted to relocate your residence without either: a The consent,of every individual who has custody rights to the children)to.t4 proposed relocation OR • the court approves the proposed relocation. NOTICE 1. The party proposing the relocation must notify every other party who hai6gustody rights to the children) of the proposed move by certified mail, return receipt re ested. You should complete the attached "Notice of Proposed Relocation to Be Completed by Party Intending,To Relocate"and send the notice to all other parties by oertif md, return receipt requested. G: i 2. Notes must be-given 60 days before the date of the proposed relocation:.4OR 10 days after the date that the party knows about the relocation only if the individual did not know. and could not have reasonably known about the relocation in time to corn' with the 80 I days notice or it Is not reasonably possible to delay the date of relocatior�.to comply with the 60 day notice. ` 3. You must include with this mailing the attached"Counter-Affidavit Regarding Relocation". The other parties must complete this form to Indicate their fiosition with regard to the proposed move. i WHAT DOW91 THE OTHER PARTY0681 DO Ma THEY RECENE THE NOTICE AND COILN'1'LR.AFIoIi�Alli't7 � 1. If you receive a notice and a counter-affidavit, you must complete the couMaravit and file with the Prothonotary's Office this completed counter-affidavit within 30 days from the day you receive the notice and counter-affidavit. if you fail to file-this counter. affidavit within the 30 days, you will be foreclosed from objecting to the..Wocadon. I 2. If the counter-affidavit is timely filed and the party objects to the proposed'relocation or objects to the proposed modification of the custody order, a hearing will be held. I E i •F7 1 t ( � • : c.hG • ! 1 _ ♦ 6 r� • •=;I t t' : ri. • is a • 1 •• - Y = IC = r• • - rc Y • i is # # ! • it * - # • • i'>: ! • ! ! :! t f t » ... _. i. 1.-_ --S'.�� a. �/- rlit.._iafw..s-. .. i___._.-.L.'.�.�. 7777 i. ..' •r 1 • • r w.rt r • 1 = • • •'v.. �.t _ .rM'" 1 f • ' • • • ♦ t 1 Y Y c•_ t Y t • t • - Y • a J# 11• /r .17F 7-11TI-MVII-Ki T, In x 7777»x..: !14771.1717 M/[:-.a .! Tr "1 ,• ! .7711.....a, _ WUM 1 ■-: � : � � ,, • ! a ■i I11. rl• #' ■ � tip ' ,•'77:11 at!�...� 1:,A. fi,a ��1. >, • ..y."-�_:�.�_�:,_ I aid :..>,!! '�-:._ °#t- �l:i-j► # �t�_ ita'���a►s.-4�.� %_-� .'�. �' • a_ '� i, is �•t._ ,�:.`"�?'iiir� .� � +1► '� I>,�.. �°����• • rc":°?� r r I I 1 I § IN THE COURT OF COMMON PLEAS OF § YORK COUNTY, PENNSYLVANIA Plaintiffs § V. § NO. § CIVIL ACTION- CUSTODY § Defendants NOTICE OF PROPOSED RELOCATION TO BE COMPLET p By pARTY nv M"ING TO RELOCATE parent of intend to move on and answer the following questions as follows: 1. What is the address of the intended new residence? I 2. What is the mailing address of the intended new residence: 3. What are the name (s) and age(s) of all individual(s) who will be living at this new residence? r 4. What is the home telephone number of the intended new address? i 5. What is the name of the new school district? 4 i 1 6. What is the date of the proposed relocation? I i r i ti I ! i 7. What are the reasons for the proposed relocation? 8. How do you propose to change the custody schedule that is currently in effect? I 9. Is there any other information that is relevant to the proposed relocation? 4 { I 10. 1 have included a counter-affidavit that you can sue to object to-the proposed } relocation. i i WARNING TO N B-I ) ►CATIlVG PAKY IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION, YyOU MUST FILE i I THIS COUNTER-AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN THIRTY (30)DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE FORECLOSED FROM OBJECTING TO THE RELOCATION. 1 i fi k f 1 ! T 3 f } ! 1 ' 1 I I verify that the statements make in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 (relating to unworn falsification to authorities). Date Signature Print Name i t Address Telephone Number r A s i 1 i i I i I E i f i i i I. 1 i i I F j I i i i § IN THE COURT OF COMMON PLEAS OF § YORK COUNTY,PENNSYLVANIA Plaintiffs § V. § NO. § I § CIVIL ACTION-CUSTODY Defendants COUNTER-AFFIDAVIT REGARDING RELOCATION The parry objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty(30)days of receipt of the Notice of Proposed Relocation. i file this counter-affidavit regarding the proposed relocation. 1 I received the Notice of Proposed Relocation on 1. What are the names and ages of the child(ren)affected by the proposed relocation? 2. Where do this/these child(ren) currently reside? i Check one of the following: I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice. I do not object to this relocation, but I do object to the modification of the custody order and I request that a hearing be scheduled. , k t I request that a hearing be scheduled a. Prior to allowing the child(ren) to relocate. I i I r t b. After the child(ren)relocate. I do object to the relocation and I do object to the modification of the custody order, and I request that a hearing be held on both matter prior ro the relocation taking place. I understand that I must file this counter-affidavit with the Prothonotary's Office and that I must mail a copy to the other party by certified mil, return receipt requested. I understand � that if I fail to file this counter-affidavit and mail a copy to the other party within thirty(30) days of receipt of the proposed relocation notice,I shall be prevented from objecting to the relocation. I verify that the statements make in this counter-affidavit are true and correct. I understand j that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904(relating to unsworn falsification to authorities). i Date Signature a i Print Name Address 1 s Telephone Number r r I 3 i i G E 2012-02-28 16:13 TRWY A.MINK 7174585954» 7177318118 P 1N k '-P z z &nhany S. Date COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND On this o?I day of 2012,before me,a Notary Public,the undersigned officer,Pen�IY awwW B"Y S.Win,kwwn to me or satisfactorily proven to be the person whose name is subscribed to the within instrument,and wj=wkdged that he executed the above in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereby set my stamp and official seal. �la A'- a! SEAL Notary Public CO1VIlrlorlwEALTHOFPENNSYLVANIA i M Commission NOTARLP►L SEAL y Expires: Tabetha a Tanner,Notary Public Lemoyne Boro,Cumberland County MY commission expires January 28,2014 i I i i i 7 I r. Joshua . Shaver Date COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND On this ag4h day of Fe T LU N , 2012, before me, a Notary Public,the undersigned officer,personally appeared Joshua E. Shaver,known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the above in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereby set my stamp and official seal. _ �--� �PMNSYLVAN+a (SEAL) Ktimm sw Notary�Pub-c Kpw� u ra ,c 0 ice' My Commission Expires: J GL Asdocieftn d Notes I i ( i i i I s i l i 7 1 � 1 i 1 i !j i } I 9 i EXHIBIT B r i' i . f f JOSHUA E.SHAVER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. : NO.2010-2179 BETHANNY S.PATTERSON :CIVIL ACTION—LAW IN CUSTODY Defendant EMERGENCY COMPLAINT FOR TEMPORARY CUSTODY AND NOW,this 18th day of October,2011,comes the Plaintiff,JOSHUA E. SHAVER,by and through his attorney,Trudy A. Marietta Mintz,Esquire, bring this Emergency Complaint for Temporary Custody and for cause states as follows: I 1. Plaintiff Joshua E. Shaver is an adult individual residing 210 g at Spring Run '. Drive,Mechanicsburg,Cumberland County,PA 17055. 2. Plaintiff is the father of the child who is the subject of this Complaint for 4 Custody. 3. Defendant Bethanny S.Patterson is an adult individual residing,upon i i information and belief,at both 127 Emaus Street,Middletown,PA 17057 and 24 Ross Avenue,New Cumberland,PA 17070. i 4. Defendant is the mother of the child who is the subject of this Complaint for t Custody. 5. The minor child who is the subject of this action is Morgan Sue Shaver,born i 1 out of wedlock to the parties in Dauphin County, PA,is currently in the custody of the Plaintiff father. 6. The relevant information regarding the minor child is as follows: Name: Morgan Sue Shaver Present Residence: 2210 S pring Run Drive,Mechanicsburg, PA j 17055 1 t ■ Date of Birth: 9/25/2003 Present Age: 8 years old 7. Plaintiff resides with the following persons: Morgan Sue Shaver—minor child at issue—born 9/25/2003 Carl Shaver—father—born 5/11/1961 Evelyn Shaver—stepmother—born 4/4/1961 Courtney A. Young—sister of plaintiff—born 10/12/86 8. Defendant. On information and belief,resides with the following persons: At 127 Emaus Street,Middletown,PA- Laura E. Manley—sister of defendant—age unknown Keaton Manley—brother-in-law of defendant—age unknown Keaton Manley,Jr.—nephew of defendant—approximately 6 years old Annastia Manley—niece of defendant—approximately 5 years old. Natalia Manley—niece of defendant—approximately 2 years old Greenlee Manley—niece of defendant-infant i At 24 Ross Avenue,New Cumberland, PA j i Dylan Ronk—son of defendant—born 5/23/2005 Willard Arter—grandfather—age unknown i Arla Arter—grandmother—age unknown 9. Since birth, on information and belief,Morgan Sue Shaver has resided with the following persons at the following addresses at the following approximate dates: Names: Plaintiff,Defendant, Willard Arter,Arla Arter, Sara Ronk Address: 40 Shawnee Trail, York Haven,PA 17370 Dates: 9/25/2003— 1/31/2004 j Names: Plaintiff,Defendant, Caleb Patterson,Amanda Markle Address: 5145 Susquehanna Trail, Lot Dl, Strinestown, PA 17402 Dates: 2/1/2004—4/30/2004 i Names:Defendant, Willard Arter,Arla Arter, Sara Ronk Address: 40 Shawnee Trail, York Haven,PA 17370 E Dates: 5/1/2004—5/31/2005 j 2 i I Names: Defendant,Caleb Patterson, Dylan Ronk,Dimitri (Last name unknown), daughter of Dimitri Address: 2744 Reel Street,Harrisburg,PA 17110 Dates: 6/1/2005—3/30/2006 Names: Defendant,Caleb Patterson,Dylan Ronk Address: Townhouse development off of Union Deposit Road Dates: 4/1/2006—3/31/2007 Names: Defendant, Willard Arter,Arla Arter,Dylan Ronk Address: 24 Ross Avenue,New Cumberland, PA 17070 Dates: 4/1/2007— 10/31/2007 Names: Defendant,Amanda Nicoll,Edward Nicoll,Christopher Nicoll,Dylan Ronk, Address: Tower Road,Dover,PA 17315 Dates: 11/1/2007— 11/31/2008 Names: Defendant, Willard Arter, Arla Arter,Dylan Ronk Address: 24 Ross Avenue,New Cumberland, PA 17070 Dates: 12/1/2008—6/30/2009 V t Names: Defendant,Dylan Ronk,Kenneth Ryder, Leah Ryder Address: 17 Railroad Avenue, Shiremanstown,PA 17011 Dates: 7/1/2009—8/31/2009 Names: Defendant, Caleb Patterson, Dylan Ronk Address: 17 Railroad Avenue, Shiremanstown,PA 17011 Dates: 9/l/2009-3/30/2010 Names: Defendant;Dylan Ronk, Sara Ruby i Address: 17 Railroad Avenue, Shiremanstown,PA 17011 Dates: 4/1/2010— 1/31/2011 j Names: Defendant,Dylan Ronk Address: 17 Railroad Avenue, Shiremanstown, PA 17011 Dates:2/1/2011 —5/31/2011 Names: Plaintiff, Carl Shaver,Evelyn Shaver, Courtney Young Address: 2210 Spring Run Drive, Mechanicsburg,PA 17055 Dates: 6/1/2011 -present r 3 i 10. The minor child,Morgan Sue Shaver, is the subject of a Custody Order dated 1/24/2011 in Cumberland County, PA case number 2010-2179. No further Orders of Custody exist regarding this minor child. 11. The current Custody Order states that primary custody of the minor child is with the Defendant mother with every other weekend and one evening per week visitation with the Plaintiff father. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 14. Each parent whose parental rights to the child have not been terminated and the person who currently has physical custody of the child have been named as parties to this action. I 15. On June 1,2011, Plaintiff picked up the minor child for scheduled visitation of one week. 16. Defendant subsequently extended the week visitation to two weeks stating that she"had been a mother since eighteen and needed a break." 17. On June 18,2011,Defendant Bethanny Sue Patterson informed Plaintiff j Joshua E. Shaver via telephone that her electricity had been shut off and that i she did not have a car and that the minor child"would be better off with i him." 1 i 4 f 18. On August 19,2011,Defendant Betbanny Sue Patterson executed a document,which is attached as Exhibit A,invalidating the current Custody Agreement and agreeing that the minor child shall reside with Plaintiff "for the school year." 19. Plaintiff enrolled the minor child in the elementary school local to his home, specifically Shepardstown Elementary,in the second grade where she is performing well academically and has perfect attendance. 20. On information and belief,Defendant was admitted to Holy Spirit Hospital by her parents on an involuntary 72 hour hold on October 2,2011. 21. On information and belief,Defendant was released from the psychiatric unit on October 6,2011. 22. On information and belief,Defendant remains a patient at Holy Spirit Hospital as part of an out-patient program from 9:00 a.m.to 3:00 p.m.daily. 23. On October 12,2011 Defendant contacted Plaintiff and informed him that j i she intended to enforce the terms of the current Custody Agreement. 24. On October 14,2011,the child's grandfather, Willard Arter,picked up the child at the Plaintiff's residence Purportedly to transfer her to Defendant. 4 25. Defendant's grandfather temporarily returned the minor child to the plaintiff on the evening of October 16,2011 so that the minor child can have school 1 pictures taken. 26. Defendant has informed Plaintiff that beginning October 24,2011 she intends to retake primary custody of the minor child and enroll her in Middletown Elementary School. I i 5 27. The best interest of the minor child, Morgan Sue Shaver,would be to have temporary emergency custody granted to Plaintiff Joshua E. Shaver because the current mental state of the Defendant mother is at issue and may be a danger to the health and welfare of the minor child. Additionally, if allowed to return to the primary custody of the Defendant,the minor child will not be attending the school at which she has been enrolled since August and is performing well WHEREFORE,Plaintiff,JOSHUA E. SHAVER,respectfully requests that this Honorable Court enter an Order granting him temporary emergency custody and scheduling a custody conciliation conference to determine permanent j t custody. i Respectfully Submitted- UDY A. TTA AGNTZ,Esquire PA ID#208523 The Law Office of Trudy A.Marietta Mintz 14 N. Walnut Street Mechanicsburg,Pa 17055 (717)458-5921 tmmlawQvahoo.com Attorney for Plaintiff i i f i 6 CL �`1'. fir?r D n r- i I i 1 I i i I 1 i i i j 1I I w i JOSHUA E. SHAVER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff NO.2010-2179 BETHANNY S.PATTERSON : CIVIL ACTION—LAW j : IN CUSTODY Defendant VERIFICATION t I verify that the statements made in the Complaint are true and correct. I i understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: Josh E.thaver I 7 i i Trudy A.Marietta Mintz,Esquire Attorney ID#208523 236 East Main Street Mechanicsburg,PA 17055 Telephone—(717)458-5921 Fax—(717)458-5954 trnmlaw @yahoo.com JOSHUA E. SHAVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2010-2179 BETHANY S.PATTERSON, : CIVIL ACTION-LAW Defendant : CUSTODY ACTION CERTIFICATLE OF SERVICE THIS IS TO CERTIFY that on the 22nd day of March, 2013 that a true and correct copy of this Response to Petition for Modification of Custody in the above captioned matter was mailed first class postage paid to: Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 A true and correct copy was also faxed to Attorney Adams at(717)241-2456 on the 22nd of March. Trudy A. Mariepl4intz,Esquire Law Office of frudy A. Marietta Mintz, Esq. JOSHUA E. SHAVER, : IN THE COURT OF COMMON PLEAS OF •PI n—gW4 : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2010-2179 CIVIL ACTION -LAW BETHANY S. PATTERSON, oeftndnr IN CUSTODY ORDER OF COURT AND NOW,this day of M 1,tc� , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated March 15, 2012 shall remain in full force and effect with the following modifications and additions. 2. Mother shall have periods of partial physical custody of the child as follows: A. On alternating weekends from Friday when Mother shall pick up the child from school to Monday morning when Mother shall return the child to Father's residence at 7:30 a.m. In the event of a Monday school holiday, Mother shall return custody to Father on Tuesday at 7:30 a.m. B. On the Tuesday before Mother's weekend, from after school to Wednesday morning at 7:30 a.m. Mother shall return the child to Father's home. C. On the Thursday before Father's weekend, from after school to Friday morning at 7:30 a.m. Mother shall return the child to Father's home. 3. Father's objection to Mother's relocation is held in abeyance. 4. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs 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. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 5. 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. Another Conciliation conference is scheduled for Tuesday, May 21,2013 at 9:30 a.m. r . BY THE COURT, cc Jane Adams, Esquire, Counsel for Mother Trudy A. Marietta Mintz, Esquire, Counsel for Father L®p�CS uw,-lead -7a7// rM.,., ccnnr- o ` JOSHUA E. SHAVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-2179 CIVIL ACTION - LAW BETHANY S. PATTERSON, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess,P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8,the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Morgan Sue Shaver September 25, 2003 Father 2. A Conciliation Conference was held March 26, 2013 with the following individuals in attendance: The Mother, Bethany S. Patterson, with her counsel, Jane Adams, Esquire and the Father, Joshua E. Shaver, with his counsel, Trudy Marietta Mintz, Esquire. 3. The Honorable Kevin A. Hess, P.J. previously entered an Order of Court dated March 15, 2012, providing for shared legal custody, Father having primary physical custody with Mother having partial physical custody on alternating weekends and one evening per week. 4. The parties agreed to an Order in the form as attached. 3a� - r3 Vv\ � V Date Ua4eline M. Verney, Esquire Custody Conciliator From: 05/16/2013 13:11 #008 P.003/006 JOSHUA E. SHAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVAN A io-at�9 -O3 ZZ vs. No. 2� - 1463 Civil Term z M C-- ; BETHANY S. PATTERSON, ACTION IN CUSTODY ^' Defendant CIVIL ACTION - LAW xC.,) STIPULATION AND CUSTODY AGREEMENT AND NOW this I 0 Day of ��--/ , 2013, this Stipulation and Custody Agreement is made between the parties, namely, Joshua E. Shaver, (hereinafter referred to as "Father), of New Cumberland, Pennsylvania, and Bethany S. Patterson, (hereinafter referred to as Mother"), of Shippensburg, Pennsylvania; WHEREAS, the parties are the natural parents of one child, namely, Morgan Shaver, born September 25, 2003; and WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, the terms of which agreement both parties desire to set forth in the present Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is a prior Order of Court which was entered on March 15, 2012. From: 05/16/2013 13:12 #008 P.004/006 The parties agree as follows: 1. Legal Custody. Father, Joshua E. Shaver, and Mother, Bethany S. Patterson, shall have shared legal custody of their child, Morgan Shaver, born_ September25, 20fl3:-filse�pa�ties sfiatttiave an equaTng�ifto make a"1T major noii- emergency decisions affecting their child's general well-being, including, but not limited to, all decisions regarding 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 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 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. Each party shall notify the other of any medical, dental, optical and other appointments of a child with a healthcare provider, sufficiently in advance thereof so that the other party can attend. In the event of a medical emergency, the party with physical custody at the time shall make any emergency decisions, and shall promptly notify the other party as soon . as practicable after the emergency is handled. 2. Physical Custody. Mother shall have primary physical custody of Morgan Shaver. Father shall have liberal periods of partial physical custody with the child as the parties"agree and as follows: a. Father shall have every other weekend, from Friday afternoon through Sunday evening at 6:00 p.m. b. One full week per month in June, July, and August in the summer months when the child is off school. c. A fourth and additional week during the summer for vacation, provided that thirty.days notice is given to Mother along with a basic itinerary and contact number, and Mother consents. Mother's consent shall not be unreasonably withheld. d. The parties may agree to additional or different times for Father and the exchanges upon mutual consent. 3. Holidays. The parties shall observe the schedule regarding holidays contained in sections 12, 13, 14, 15, 16, and 17 of the order of March 15, 2012. From: 05/08/2013 14:57 #988 P.005I006 4. Transportation. The parties shall share transportation for all exchanges. If the parties cannot_agree otherwise_,_then the receiving pally- shaIl-pickup the. children for each exchange. 5. Reasonable Contact. The parties shall facilitate reasonable contact with the child and the other parent, via telephone contact, e-mail, Skype, text, or other electronic means. Reasonable contact means contact approximately every other day when the child is in the other parties' care. 6. Disparaging Comments. 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 and 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. 7. Taxes and Support. Mother shall retain the right to claim the child as an exemption for income tax purposes for the years 2013 and 2014. In 2015, and every third year thereafter, Father shall have the right to claim the child as an exemption on his income taxes, provided his support payments are current. Father shall pay the-amount of$200.00 per month in child support, payable on the first of every months. The parties are aware that nothing in this agreement can prevent the court from imposing a different amount, based upon the current child support guidelines, the parties incomes, or a change of circumstances warranting a different guideline amount. 8. Alcohol and Drugs. Neither party shall use illegal drugs or partake in alcohol to the point of intoxication immediately prior or during their periods of custody nor shall they permit third parties to be in the presence of the minor child while undertaking such activates. 9. Relocation. Pursuant to 23 Pa.C.S.§5337, no party shall be permitted to relocate the residence of the child which significantly impairs the other parties' ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed custody relocation or the court approves the proposed relocation in a court Order. A person proposing to relocate must comply with 23 Pa.C.S.§ 5337, and give notice under this section. Pursuant to this agreement, the parties specifically agree that the child may relocate from New Cumberland to Mother's address in Shippensburg, Pennsylvania, and she may attend Shippensburg School District. From: 0510812013 14:57 #988 P.0061006 10. Factors and Best interest of the children. In ordering any form of custody, the court can determine the best interest of the child, by considering all relevant factors_in.clu_dingJhose..Ustedin23_Pa C_.S-§5328.,..giving_weighted...-- consideration to those that affect the safety of the child. The parties have considered all of the relevant factors, and have attempted to craft a custody agreement which provides for the best interest of the child. 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 able to reach an agreement beneficial to the child, and it is in the best interest of the child and the parties to resolve this matter without litigation and with minimal conflict. 11. Stipulation. This Stipulation is entered pursuant to an agreement of the parties. The parties agree that this stipulation may be incorporated as an Order of Court and may-be enforceable as an Order of Court. The parties may modify the provisions of this Order by mutu;4I consent. In the absence of mutual consent, the terms of this agreement and Order shall control. 12. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. The parties consent to jurisdiction in Cumberland County, Pennsylvania. WITNESSETH: rudy A. Ma . a Mintz, Esquire Jo ua E. Shaver, Father 236 E. M ' St. Mecha csburg, Pa. 17,055 (717) 458-5921 I Attorney for Father �. Jan dams, Esquire Bethany S. terson, Mother 17 South St. lisle, Pa. 17013 Date: 11,;2113 17) 245-8508 Attorney for Mother JOSHUA E. SHAVER, : IN THE COURT OF COMMON PLEAS QF M, Plaintiff : CUMBERLAND COUNTY,PENNSYLV�IIA V. : NO.2010-2179 CIVIL ACTION-LAW�m = r . r-- BETHANY S.PATTERSON, : IN CUSTODY -0 r Defendant " :x —, ORDER OF COURT AND NOW, this 11`" day of July, 2013, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Jac eline M. Verney, Esquire, Custody QKnciliator x l JOSHUA E. SHAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND.COUNTY, PENNSYLVANIA ,b.. a t,a vs. No. 20M 5 144a Civil Term BETHANY S. PATTERSON, ACTION IN CUSTODY Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of ���y , 2013, having reviewed the agreement between the parties signed and dated the 12th day of July, 2013, it is hereby ORDERED and DECREED that the attached stipulation shall be entered and incorporated into this Order of Court. By the Court: cc: ,,-Trudy A. Marietta Mintz, Esquire .4ane Adams, Esquire rr1w C- C I'V7