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HomeMy WebLinkAbout93-0576TINA M. SWINN, Plaintiff vs. STEPHEN A. SHATTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW NO. 93-576 IN CUSTODY PETITION FOR EMERGENCY RELIEF PURSUANT TO Pa.R.C.P.1915.13 AND NOW, comes Petitioner, Tina M. Swine, by and through her counsel, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates and Petitions the Court as follows: 1. Your Petitioner is the above-named Plaintiff, Tina M. Swine, an adult individual currently residing at 220 Willow Mill Pazk Roa<i, Mechanicsburg, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Stephen A. Shatto, an adult individual currently residing at 29 South High Street, Newville, Cumberland County, Pennsylvania. 3. The parties aze the natural parents of two children, namely, Crystal Larue Shatto, born November 9, 1987 (17 yeazs of age), and Melinda Marie Shatto, born December 22, 1991 (13 yeazs of age). 4. The parties are subject to Orders of Court that have been entered in this matter, which aze attached hereto and inwrporated herein by reference as Exhibit "A" and Exhibit "B,"beings Orders of Court dated May 29, 1993 and May 14, 1995. 5. There is presently pending before the Court a Petition for Modification of Custody wherein Respondent is seeking primary physical custody of the parties' children. 6. By Order of Court dated January 2, 2005, a hearing has been scheduled on this matter in Courtroom No. 1 of the Cumberland County Courthouse, Cazlisle, Pennsylvania, for March 28, 2005, to begin at 9:30 a.m. 7. Since the initiation of the most recent proceedings for modification of prior Orders and the scheduling of a hearing in this matter, Petitioner has become aware of conduct that has been occurring in the Father's borne while the children are in his caze which is severely detrimental to the children's bast interest and harmful to them. 8. Prior to the scheduling of a hearing in this matter for March 28, 2005, Petitioner was awaze that Respondent had made a wide array of financial and material promises to the children, including promises of substantial financial offers to the children in the form of substantial weekly "allowances," material benefits, such as a vehicle for the oldest daughter, and cell phones, later bedtimes, and other leniency in their care and pazenting, if they would come to live with him. 9. Prior to the scheduling of the hearing on Mazch 28, 2005 in this matter, Petitioner was awaze that Respondent had advised the children that they were not obligated to listen to the rules of Petitioner and their Step-Father, nor the rules of the Petitioner's home. 10. Petitioner was awaze prior to the scheduling of the hearing Mazch 28, 2005 that Respondent and his paramour worked on Friday nights and were not available on his alternating weekend periods of physical custody of the children for substantial periods of time, including all night on Friday night and substantial periods of time on Saturday while he and his pazamour slept. 11. Prior to the Order scheduling a hearing on March 28, 2005, Petitioner was awaze that Father had filed false claims of physical abuse of the children with the Cumberland County Children & Youth Services in an effort to fiu•ther alienate the children from Petitioner. 12. Since the entry of the Order scheduling a hearing ini this matter, a third party close friend of the parties' daughters has come forward to advise Petitioner of the following: a.) While the children are in their Respondent's custody, they aze permitted to drink alcohol and have done so both in his presence ancf outside of his presence, to the point of intoxication; b.) While the children aze in Respondent's custody, they have engaged in smoking marijuana and possibly taking part in use of other illicit drugs, which actions have taken place while the children aze in Father's ca~•e and may or may not have taken place in Father's presence; c.) Respondent is awaze that the children, through contact with his paramour's children or other children in the azea where Father resides, have taken part in drinking alcohol, using marijuana, and possibly using other drugs to which conduct Respondent has acquest; d.) The children, at 17 and 13, became sexually active when they were 16 and 12 years old respectively, while in Respondent's caze, at Respondent's home, and at other premises; e.) That the parties' 13 yeaz old daughter, when she was 12 years old, was sexually molested by a 20 yeaz old adult male while the children are in Respondent's custody; and f.) The children have otherwise been involved in illegal activities for which they could be arrested. 13. Respondent has illustrated an inability to properly care for the children and provide them with proper guidance and control. 14. The third party witness who has provided the above information to Mother is 18 years of age and prepared to testify in Court relative to the activities in Father's home as described above and as told to him by the parties' children. 15. If there is not immediate Court intervention, the children run the risk of being involved in further criminal activity, which may lead to their arrest; involvement in additional sexual action, which may lead to pregnancy and/or disease; maybe further sexually assaulted; and may continue in involvement that will fuuther cause their lives to deteriorate as it has over the past several months from Respondent's influence. 16. Prior to Respondent beginning to instigate conflict between the children and Petitioner, and allowing the children to be involved iu the above-referenced activities, the children routinely received good grades, with the oldest daughter being on the honor roll, were deeply involved in girl scouts to the point where college scholarships are a possibility for them, were involved in playing instruments for school and otherwise were properly involved with social activities with their school. 17. Since Respondent began instigating conflicts between the children and Petitioner and her husband, and allowing the children to be involved in the above-referenced activities, the children's grades have worsened, they have become confrontational relative to directions from Petitioner and her husband, have shown a lack of interest in their extracurricular activities, such as scouting, and have otherwise illustrated a lack of interest in the positive lifestyle that they were leading prior to the fall of 2004. 18. The conduct in which the children have become involved, both willingly unwillingly, has been reported to the appropriate police officials and to Rape Crisis in order for them to investigate this matter so that appropriate parties can be prosecuted. 19. Petitioner is hopeful that the investigation will lead to criminal prosecution of any adult who has been involved in the corrupting activity and/or sexual abuse or assault of either of the children which has occurred in the past few months and Petitioner will do what she canto assist in such prosecution. 20. Since the children's lives began deteriorating in the frill of 2004, Petitioner has sought and maintained counseling for the children and for the family, such that the issues presented in this Petition are now being addressed by the counselor. 21. The children are clearly in harms way when in Father's physical custody and it is believed that the parties' daughters, who have come forward to advise Petitioner of the above-referenced activities, will confirm these improper and criminal activities that have occurred while they have been in their Father's caze. 22. Notice of the intention to file the within Petition has been provided to opposing counsel, Richard L. Webber, Jr., Esquire, by facsimile correspondence with specific notice of the time and date when the Petition will be filed, and a request for contact from opposing counsel in an effort to have opposing counsel personally available or available by telephone to argue Respondent's position in this case prior to the entry of an Emergency Order. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon Respondent to show cause, if any he has, as to why his contact with the children should not be limited to supervised contact pending an investigation of the allegations set forth herein. Da Esquire C'iRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. <` DATE: 53 ~ZC~ Tina M. Swinn, Petitioner TINA M. SW1NN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION --LAW STEPHEN A. SHATTO, N0.93-576 Defendant : IN CUSTODY CERTIFICATE OF SERVICE S'T I, Bradley L. Griffie, Esquire, hereby certify that I did, the 3J day of January, 2005, cause a copy of Plaintiff/Petitioner's Petition for Emergency Relief to be served upon Defendant/Respondent's counsel of record by first-class mail, postage prepaid at the following addresses: Richazd L. Webber, Jr., Esquire Weigle & Associates 126 East King Street Shippensburg, PA 17257 DATE: ,~i ( d 200 North Hanover Street Cazlisle, PA 17013 (717)243-5551 (800)347-5552 ,.., ,. '~ ~. ~ { ~:; ~ ~ ~. ,: TINA M. SHATTO, Plaintiff/Respondent v. STEPHEN A. SHATTO, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 576- CIVIL 1993 CIVIL ACTION -CUSTODY PETITION FOR CONTEMPT OF COURT 1. The Petitioner is Stephen A. Shatto, who resides at 29 South High Street, Apt. 1, Newville, PA 17241. 2. The Respondent is Tina M. Shatto, who resides at 220 Willow Mill Park Rd., Mechanicsburg, PA 17055. 3. The parties are the natural parents of two children, namely, Crystal Larue Shatto, born November 9, 1987, and Melinda Marie Shatto, born December 22, 1991. 4. Respondent has not been following the current Court Order dated May 19, 1995, whereby Petitioner is to have temporary physical custody ofhis children on alternating weekends. (See copy of Court Order Attached and Marked as Petitioner's Exhibit "A") 5. Petitioner has not seen his children since July 2006. 6. While Petitioner has made numerous attempts to exercise his custody, Respondent fails to allow custody transfer of said minor children. WHEREFORE, the Petitioner requests that he be granted additional periods of custody and ORDER Respondent to allow Petitioner his alternating weekend visits with his children; AND that Respondent be found in Contempt of Court; AND that Respondent be held responsible for ali Attorney Fee's and Filing Fees, and Expenses, which Petitioner Incurred in order to Fle this Contempt Petition. Respectfully Submitted, 9 0'1 ~4 Paul Bradford W L~\ uire Attorney for Defendant/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA Supreme Court ID # 71786 TINA M. SHATTO, Plaintiff/Respondent v. STEPHEN A. SHATTO, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 576- CIVIL- 1993 CIVIL ACTION- CUSTODY CERTIFICATE OF SERVICE h I hereby certify that on this day of, , 2007, I mailed a copy of Petitioner's Petition for Contempt of Court to the following persons at the following address via Certified Mail, Return Receipt Requested as follows: Tina M. Shatto 220 Willo Mill Park Rd. Mechani sb rg, 17055 ~/1,/" ' \ Paul Bradford Orr, Esquire Attorney for Defendant/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 ID No.: 71786 MAY l 8 ~9~ _/ -. ~.. TINA M. SfiATTO, Plaintiff v STEPtf~'N A. SNATTO, Defendant :IN THIS C'O(lRt OF CQ~fON PLBAS OP : CU~h~€3tLA.ND COUNTY, P~Tl~iS1ZVAD+TIA :ND. 575 - C'YVIL - 2993 z sCIVIL A~1ax - CUS~,vY GT~f1RT C&tL~R Al~D NOON, this ~ ,~i day of it {~ '~ .1995, upon cons~derat.ioa o£ th• attached Custody Conc lataon Report, ft is ordered and directed as to.Iloors: 1 . T~hia Court's prior Order off` ,flay 29, 1993, shal.k rearain irD offset subject too t.laa ~daficat3ons as set forth belcr~. A. Paragraph 3A oi' t.~a prior Qrder siia3l be mmdif.~bd aruch that Fatiaer's periods of tea-~aorary physical custody sha31 be om alterasatiasg arcs&eads rather' than fire first. and third i+es9cend. 23. For the suer of 3996, the parties sital2. discuss the possibility of tine Patiner aistaiuiaq three ores&s of susaaer vacatioa. In the avast the parties are azrnab.Ie to agrees oa this issue by slay of 1996,. F'atiner may request the Conciliator to conduct another cor:ference. C. Mhen the saiaror children are in the custody of the Father, Father shall insure that the c2Cildrea have appropriate sleepiarg arraargermeastsy that the chi.ldz~ea adhere to the standard bedtiase schedule, that the children are snote=poaed to inappropriate Iaagnage, televisiozn sico+--s or >movies, and that fire Father exercises all reaso:aable precautions to insure that the children are is a safe aztd appropriate environment. BY tSE,' CYlb7R2"', ,~ ~,1~- Judge J, iTesley Oler "" .~' `1 cc: Bradley L. Griffis, 2isquire _ ~._.~•~£ S~p 9~~ 12.ic3rard L. Webber, Jr., Esquare ~ ~_ ,: a .,. ..~..~ x.xri..,. _ ~. , s_ ~...,.~.~.....~~~~. Petitioner's Exhibit ..A,. TINA M. SXATTO, Plaintiff V STEPHEN A. SHATTO, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 57n - CIVIL - 1993 ' :CIVIL ACTION - CUSTODY O.~$ AND NOW, this ~IS~' day of`?~Y1a~, 1993, upon considerat.foa of the attached Custody Conciliation Report, it is ordered and directe3 as follows: 1. The Mother Tina M. Shatto and the Father Stephen A. Shatto shall have shared 1ega1 custody of Crystal Larne Shatto, born November 9, 1987 .and Melinda Marie Shatto, born Decesrber 22, 1991. 2. The l~iother sha11 enjoy primary physical custody of the miner children. 3. The Father sha11 enjoy temporary physical custody of the minor children as follows: A. On the first and third weekends of the month from 7:30 p.m. or after the Father. gets off work on Friday until Sunday at 7:00 p.m.. The weekends sha11 be determined such that the first weekend of the month is the first Friday of that particular month. B. For a period of two weeks in the summer, one week to be in July and one week in August. The Father sha11 advise Mother by June 15 as to when he intends to exercise these two particular weeks. 4. The parties sha31 arrange the custody schedule such that they share holidays as agreed upon by the parties. 5. The mother sha11 always have custody on Mother's Day and the Father sha11 always have custody on Father's Day, this provision to supersede any other schedule. EXH181T 4-.. ~~ - -::~ =si ~ _.., "S. TINA M. SHATTO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN A. SHATTO DEFENDANT • 93-576 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Tuesday, January 16, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland Coun~_Courthouse, Carlisle on Friday, February 16, 2007 at 8:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children ale five or older may also be present at the conference. 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 12elief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COUR"f. Bv: /s/ Hubert X. Gilro 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 WNERE YOU CAN GET LEGAL HELP. Cumberland C ounty Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ o- ~/ ~0- ~/ i ., Y,` { Y~{~'~ t;~ ;~ 46~~t ~ ~ S'-~'(~ ~~~Z ./ ,:i~.d~-.., ,., . r} ~ ' TINA M. SHATTO, Plaintiff/Respondent v. STEPHEN A. SHATTO, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 576- CIVIL- 1993 CIVIL ACTION -CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND AND NOW, this 16t'' day of January, 2006, I, Paul Bradford Orr, attorney forStephen A. Shatto, Defendant/Petitioner, in the above-captioned action, hereby swear that I have served a true copy of the Petition for Contempt of Court, executed by the Defendant/Petitioner in the above-captioned matter, upon the Plaintiff/Respondent by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by Melinda Shatto on January 13, 2007, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. t d: ~ ~/ Da e LAW FFI O P By: Paul Bradford Orr, Esquire Attorney for Defendant/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA Supreme I.D. #71786 M ^ 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: ~1 ~_ Cpl . J1'10.~~ dap 1.~Jti1k~v,.~ t~'R-~I~C--~. CJ) ?~°.~ A. Signature X Agent O Addressee B. Received by (Printed Name) C,. pate of Delivery (r/t~ D. Is delivery address different from item 1? O Yes If YES, enter delivery addressb~lp~ ;;;r].LVo c~ 61A~1 ~ '13 3. Service Type {' - g ,Certified Mail ^ F_xpr ~~~Qt~~J~~/ ^ Registered Return L'tCt7~rch ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number '~ Q 0 3 31' (i'ransfer from service labeq ~+~ 0 0 4 5 7 7 3 6 7 7 7 PS Form 3$11, August 2001 Domestic Retum Receipt 102595-02-M-1035 EXHIBIT "A" n ~ ~ ;~,.~. ~ ~ ir"i1~ t i~ "i l~ r` . ~ _ ' r f ~ F h. ! Y ~ ~~ m ~~ ~hINA, M. SWINN. : IN THE COUIZ"I~ OR COIVIMONM I'LIAS OF Plaintiff :CUMBERLAND COUNTY. PENNSYILVANIA ~,~, :CIVIL ACTION - LAW STEPHf~.N A. SHATTO : NO. 93-576 Defendant : IN CLiS"fODY PETITION FOR EMERGENCY RELIEF PURSUANT TO Pa.R.C.P. 1915.13 AND NOW, comes Petitioner, Tina M. Swinn, to Petition the Court as follows: 1, Your Petitioner is the above-named Plaintil-f; Tina M. ~winn. an adi_~~t individual currently rf~siding at 220 Willow Mill Park Koad, Mechanicst~urg, Cumberland Count}~, Pennsylvania. Your Respondent is the above-named Defendant, Stephen A. ~~hattc~. an adult individual currently residing at 29 South High Street. Newville~, Cumberland County, Pennsylvania. ;. The parties are the natural parents of two children, namely. Cr<<~stal Larur~ Shatto, born November 9, 1987 (19 years of age), and Melinda Marie Shatto. born December 22, 1991 (I S years of age}. -~. The parties are subjecr. to Orders of Court that Dave been entered in this matter. which are attached hereto and incorporated her~::in by rcterencf_ a~; Exhibit "A" and Exhibit ``B", beings Orders of Court dated May ?9. 19~~3 and Mav l9, 1995. ~. Petitioner has become aware of conduct that has been continuing to occ~ir in the Father's home while the children are in his care, ~~hich is se~~ere Iv detrimental to the children's best interest and harmful to them. F~. Petitioner was aware that Respondent had made a wide. array of lnancial offers and material promises to the children, including promises of substantial financial offers to the children in the form ~~~f substantial weekly "allowa~r~ccs,'" material benefits, such as a vehicle for the olde>t daughter, and cell ~~~hot~es., later bedtimes, and other leniency in their care and parenting. if the. ~~yould come live with him. ~7. Petitioner was aware that Respondent had advised the children that thev ~yere not obligated to listen to the rules of Petitioner and their Step-Father, nor the rules of the Petitioner's home. ~. Petitioner was aware that ]Respondent worked on Friday nights and ~~~as not available on his alternating weekend periods of physical custody of the children for substantial periods of time, including all night on Frida~~ night and substantial periods of rime on Saturday while he sleeps.. Respondem~. does verbally agree and adheres to verbal agreement to not exercise his Frii~a~. night visitation time, 1~ut instead picks up the children on Saturday r~~ornings on his alternating weekend periods of physical custod~~. 9. Petitioner was aware ~~hat in late September ?004, Father encouraged youngest daughter, namely, Melinda, to file false claims of physical abuse ofthe children with Cumberland County Children & Youth Services in arl c~ft~~rt to further alienate the children from Petitioner. 10. A third party close friend of the parties, oldest daughter has come f<rrward prior to oldest daughter's. namely, Crystals 1 S`t' birthday, to ad` isc factrtioner of the following: a. While the children are in the Respondent's custody, they are per~n~iitted to drink alcohol and have done so both in his presence and o~~~itside t~f his presence, to the point of intoxication; b. While the children are in the Respondents custody, they ha~~e engaged in smoking marijuana and possihly taking parr. in use of other illicit. drugs., which actions have taken place while the children are in the Fathcr'~; care and may or may not have taken place in Father's presence:. c. Respondent is aware that the children, through contact with his deceased paramour's children and other children in the area where Father resides. have taken part in drinking alcohol, using marijuana, and possible using other drugs to which conduct Respondent has acquest; d. The children. at a~~e 19 and l4, became sexually acti~~e when the~~ were 16 and 12 years old respectively, while in Respondent's care, at Respondents home. and at other premises; e. The parties' 15 year old daughter, when she was 1? years old, vc~as sexually molested by a 20 year old adult male while she was in the Respondent's custody; and f. The children have otherwise been involved in illegal activities fi~~=~~ ~~hich thev could be arrested. 1 l . The third party witness who has provided the at~ove inforniation to l`~1other is over ~ 8 years of age and was prepared to testif~r in Court relative to ~~l-e activities in the Father"s home as described above and as told to hire br~ the parties' children, but i s now a member of the United States Navy an~,i 1 am unable to reach him at this time. Although "l~he Newville Chief of Yo~ict° is prepared to testify in Court relative to the activiities in the Father~~s home as described herein. l ~'. Petitioner received a letter in late ,Ianuarv ~'~OS from her daughters schr,~ol counselor recommending counseling from the ~~WCA Rape Criss ~~genc~y for Melinda. Melinda had. confessed to being sexually molested b~~ a 2O--ti~ear-old male t:o her counselor. She was willing to seek counseling intervention and signed a statement giving permission to share information with Petitioner (her mother). l .~~. Petitioner was aware 1:hat in October of 2004. Father tiled before the Court a Petition for Modification of Custody, wherein Respondent was seeking primary physical custody of the parties' children. He later withdrew his Petition and agreed to take part in counseling ~~ith the petitioner and ~he~- husband and the parties' children. 1 ~~. Since the children's lives began deteriorating in the fall of 2004. Pe'~titio~~~er has sought and maintained counseling from YWC,~!~ Rape (~risis a~;enc~~ l~~or Melinda. Christian Services located in Carlisle. PA and then from Northwestern Human Services Steven's Center, for the children and (or the family, such that the issues presented in this Petition were addressed by counseling. 1 `~. After over a year of counseling, from October ~+t" 2004 through October 1 ~`~' 200, the children returned to the positive lifeslyle that they were leailin~~ prior to the fall of 2004. 16. Petitioner received a telephone call around the middle of May 200f~ ti~orri Newville Borough Chief of Police. Again, yet another 20-year-old ~~nalc allegedly raped a 13-year-old child. The incidence allegedly took place ~~~n April ?9t1i 2006, at the Respondents home. 1 ?. Newville Borough Chief of Police informed Petitioner that parties involved were several minor children including Melir-da, and that these children ~~~ere also, allegedly, taking part in the consumption of Respondents alcol}~~~1. 1 ~~. The Newville Borough Chief of Police is prepared to testify in Court relative to the activities in the Father's home as described above and as told to him by the parties' children and other witnesses. l ~-. Respondent was home at the time of these incidences and has illustrated an inability to properly c,~re for the children and provide them with proper guidance and control. ~~C-. If there is not immediate Court intervention, the children run the risk of being involved in further criminal activity, which rna~r lead to their arrest. involvement in additional sexual action. which may lead to pre~gnan~:y and/or disease; and may continue in involvement that ~~~ill further cause their lives to deteriorate as it has over the past in ?004 and ?005 from their Respondent's influence. ] . Prior to Respondent beginning to instigate conflict between the children and Petitioner and her huslaand. the children routinely received good grades, with the oldest daughter graduating with honors, were deeply involved. in ~,irl scouts to the point where college Gcholarships are a possibility for the-n, ~~~ere involved in playing instruments for school and otherwise were properlt~ involved with social activities with their school. Z '. Since Respondent again began instigating coni~ict by an inability to properly care for the children and provide them with proper guidance and control, Melinda's grades worsened, she showed a lack of interest in completing and tunling in assignments in school, she again. became confrontational relative. to directions from Petitioner and her husband. She has shown a lack of~nterest in her e~;tracurricular activities, such as scouting, ,and has otherwise ilh.istra.ted a lack of interest in the positive lifestyle that she was again leading prior to the April ?9t~' 2006 incidence. ~~. The conduct. in whicl~i the children have become involved, both wilUingl.y and unwillingly, has been reported to the appropriate police officials in older for them to investigate this matter so that appropriate parties can be prosec~~ted.. ?4~. Petitioner is hopeful t]~at the investigation will dead to criminal prosecution of any adult who has been involved in the corrupting activity and~`or se~ua~ abuse or assault of any child under the supervision of the Respondent., ~.~°hich h,~s occun-ed in the past few months and Petitioner will do what she carp to assist in such prosecution. ~~~. Melinda, and other children for that matter. are clearly in harms wad ~w~hen in Respondents physical custody and it is believed that the parties' dau~htcrs. who have come forward to advise Petitioner of the above-referenced activities, will confirm these improper and criminal activities that h,L~~e occurred while they have been in their Fathers care. ~r}~EREFOR~., Petitioner re~~uests your }honorable Court to enter a Rule upon Respondent to show cause, if any he has, as to why his contact with the children should not be limited to supervised contact pending an investigation of the allegations set f~~rt.h herein. Respectfully submitted, `~j f`- '. Datc Tina 1V1. Swinn 1'ctitioncr ~?0 Vdillow Mill Park Ro~id Mechanicsburg, PA 171~~0 (717) 697-9717 'VERIFICATION I ~,erifv that the statements made in the forgoing document are true and c~~rrect. I understand that false statements herein are made subject toy the penalties of 18 P~~.(~.5. Section 4004. relating to unsworn falsifications to authorities. ,~~ - -- Tina PvI. Swinn, Petitioner TINA M. SWINN. Plaintiff v ~, STEPHEN A. SHATTO Defendant IN THE COUNT OR COMMONI~1 PLI~„'~5 OF CUMBERLAND COUNTY. PEN'~iSYL~JANIA CIVIL ACTION }~AW NO. 93-576 IN CUSTODY' CERTIFICATE OF SERVICE 1 Tina M. Swinn, Petitioner, hereby certify that N did, the _ day of Fcbru~~r}~. 2O(i7. came a copy of PlaintifflPetitioner~s Petition for Emergency Reliel'to be ~er~.~ed upon Defendant/Respondent's counsel of record by C~rtilied mail, at the ,Folio~ti~in~ address. DA1'E~ Law Offices of Paul Bradford Orr Attorney At Law 50 East High Street Carlisle. PA 17013 ~` Tina M. Swinn Petitioner 2~:0 Willow Mill Park Road Mechanicsburg, PA l 705! 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'.r .Jr .. r1 = 17:j ..~~.,_eS J:I CT. r.? CIS.J a"-u C.J ~,~-. ~~osszbility o:' t?:e Fat~:er c~'~~i~_ina C1tre~ areek.~ o{ s:i.r,a^er vacati~os. ?^~ t~:P R•y~^': "`'e part::es are u^ab'i' to agree on t is zss(~e 5'r °!a,: ~: i9~5, Father mar request ~ +a f'~ncl..~.zatc. Via, c-o.~cu~'^ z^at:~er ccnferenc~e'. C. ++'he^ the >airar e.iLdrQ:: are _t- t::p custody of t:he r^ather, i'at~er shaSs _.^.s^,_e ^Rat 1•Zxe c~riidrer i;a~°e ar.pravr~:acte sleeair.5- .~r-a::rea~zt~3 that 1_he chi:: d.err .adhere Lv t :e sta;ad~rd .tec;t_.-e si.~aea3r~?e.. Ltiat the. crildrer, ars ^at er*csec' `a ~.*:ac~aror..ria'e Ianqua~e, te~e~-isic::: s?rc-as er a~c~ies, .:.nom that the Father exercises ak?' zeasc:~acie ~rec-3lticns tc. insane that the chii~re^ are is a safe e~-c a_Qr:,rogriate environnra»t. cc. 3rad?e~ ~:riF..ie, £sq::_re ~ - L----',r'~.~.,.'~-~-'--~r~ ~~I'J~S<. Ricbar~ ~, i9e~~er, Yr_, Fs~ _rR ,. Pe~ItIOI]~1''S Exhibit ~1 „ ~;,~~~. ^h ~~7 ry: 33 i it ~~A y ~" 1 i f y ~i ti 1 . x,t'~r ~ _ y. N'r t :. .. . _ ,;.;,,~~.?'C}, :Y?1 THE COrJRa O.F' ClD~tiiMt7AT P~E'AS C:£` ~'_rs:;,~,-i ^~: {~ :CU1~tBEnLAtv'T~ COUI~'TY, PENNSXLVAI~F.I"A ,;,~- ~, ~ CSV'1•L r~CZ'Z[~Pe ;: US~'OD3° Do fen d~~n t ORD;33~ ,~, ,~.~ ; ~i0~.; ~ ~1.is ~;~ cf ~"-' day o,~"r7`~ a_~, 1993, upon consideration a~~ -,~~;,,,, at ~~a~,rer~ Cus7 tad~~ Concilza tzon P.eport, it is ordered and ;~ , ~'.he 1.~«~h:~~_ Tints 1~. Shatto and the Father Stephan A. Shatt,a s~,f:,.1I -~~f~~ :~h~3red 1ega1 custody of Crystrl Lax-u® Shatto, bona 'iov._azb~r :>, 157 .and ~~leli.nda .Marie Shatto, harp .C-ece.+nber 22, a-'9:t , ,?~ ;:'.?~~ ,.~ci::h~e>:~ s?z:~l.Z enjoy pr.~rnary physical custody of the rn.inor. ~'. "'he c'?.1_.;a~°.:. s1~a11 enjoy ter,~pox'a.ty physical custody of the mino.: 1~.. :;n th., a`lrsrt and thizd woekends of the month from 7:30 p.r~. c~_~ after ttzc* rather.. gets off work on Friday until Sunday Bt 7:OG' r~.ra_ . ltae c~eekerads shall be determjned such Y.hat the first ;,.-,~.cenr', cf the ~zonth is 'the first Friday of that particular Ifl^;1't' li ::~ . ~'cr a period a.` two weeks in the sum2ner, o,~~e week to h~© i.rt t _~~.,~~ ~ :c aa:> ;r.~,~s: zn August . ThQ Father sha11 advise Mother by Jz::F~ ? ~ ~ _, ~o i~nc~n tae intend, to exercise these two par t.~cul:ar Fa~~~._, `'`~ F . ~~'he pa.-t:ies sha11 arrangQ the cus~ody sc:iQdu1G such i; ;a~ t::~,.;" ~~i st~G.re hc~lic'ays a.s agreed upv.:i by the parties. 1 _:~ . 'T'1ar ruot,~~c'r sha11 always have custody on Mother's Day and the ` ~ ::trl~.~: ~;r~:~~:_I air-rays have custody on Father's .Day, this prov~~sior %c s~~~.:-: ^cYe any other schedule.. ~x~~~a-r ~;~ ~~ t h ry ~n~ ~ z~ r; a ~- TINA M. SV~~'INN. Plaintiff%Petitioner ~~ ~. STEPIIEN ~. SHATTO L'~efendant/Respondent IN THE COURT OR COMMONM PI,EA4 OI CUMBERLAND COUNTY. PENNS~YLVA~ti~I.~~ :Docket No.:576-CIVIL,-199 CIVIL ACTION - CU,STOD~' PETITIOPV FOR CONTEMPT OF COURT 1, Tht Petitioner is Tina M. `~winn, who resides at 220 Willo~,~° Mill Park R;r}ad. Mechanicsburg, PA 17050. 2, The Respondent is Stephen A Shatto, who resides a~~~. 29 Sol.~th High Stre~;'t, .^.pt. 1 Newvi{le. Pl~~ 1721. 3. ~I~hr~LL parties arc the natural parents of two children, n~~.amely, Crystal Larue .~hatto, born November 9. 1987, and Melinda Marie Shatto, born December 22, 1991. -~. Respondent has not been fi~llowing the current Court Order dated 1~Zav l ~~. i'~9~, whereby :Res}~ondent is to insure that when the minor children are in the custody ot~~he father, the children have appropriate sleeping arrangements, that the children adhere to the standard bedtimr schedule. that the children are not exposed to inappropriate language., tele~,isi~~n shows or movie=,. and that the father exercises all reasonable precautions to insure that thy; ~:~hildren are in a sate ar-d appropriate environment. (See copy- of Court Order Attached and marked as Petitioner' ~ I= xhibit "A~~). >. 4'et.itioner has become aware of conduct that has been continuing to occ~~~,ir in tht gather's hom~:~ while the children are in his care. which is severely detrimental to the ch:ildren~s best interest and harmful to them. fi. Prior to September 4, 2004 Respondent lived for 12 ;years at home with his mother, Father. and t~~: o adult brothers. Respondent then moved to his IVewville apartment r~ i th his, paramour. Petitioner was aware that Respondent had then advised the children that r~!-reti were not ohligatecl to listen tc- the rules of Petitioner and their Step~Fatlher, nor the rules of the Petitioner's home. Respondent had made a wide array of financial offers ~md material promises to the childret, including promises of substantial financial offers to the children in the ti~~rm ~~~f substantial ~~eekly "allowances," material benefits, such as a vehicle for the oldest day-ght:er, and cell phones, later bedtimes, and other leniency in their care and parenting, if they ~~;~~uld come live with him, 7. Petitioner was aware that Respondent worked on Friday nights and was ~rlot ~ivailable on his alternating weekend periods of physical custody oC the children for substantial periods of time. including all night on Friday night and substantial periods of time on Saturday ~~ File he sleeps. Respondent did around the end of the year ?004, verbally agree, and adhere, to ~~erlaal agreement to not exercise his Friday night visitation time. but instead picked up th~:~ children on Saturday mornings on his alternatin~~, weekend periods of physical custody until late A~-ril of the rear ZOOEi. when incidents again occurred that were severely detrimel~ital to the children~s best interest. [ncidents were as follows: a. While the children are in the Respondents cus~~.ody, they are permitted to drink alcohol and have done so both in his presence and outside of his presen+::e. to the point of intoxication; b. While the children are in the Respondent's custody, they have engaged in smoking marijuana ar~d possibly taking part in ruse of other illicit dr~_~gs, which actions have taken plz~ce while the children are in the Father's care and ~nav or may not have taken place in Father"s presence; c. Respondent is aware that the children, through contact with hip; decease~~ paramour"s children and other children in the area where Father resides_ have taken part in drinking alcohol, using marijuana, and possibly using other drugs to which conduct Respondent has acquest, d. The children, at age ~ 9 and 15, became sexual ly active when i:hev ~~~~~rc 16 and I years old respectively, while in Respondent"s care. at Respondent's dome. and at other premises; e. 1'he parties' 1 ~-year-old daughter, Melinda M. Shatto~. when she ~~<~ l _'_ vears old. was sexually molested by a 20-year-old adult male while she ti-~~as in ~thc Respondent's custod~r, and the children have otherwise been invol~~~~d in illegal activities for which they could he arrested. 8. Petitioner received a letter in late January 200 from her daughters" schorrl counselor recommending counseling from the YWCA Rape Crisis agency for ~-lelinda. Melinda had confessed to tieing sexually molested by a 20-year-old male to her counselor. She ~~~as ~,~~il ling to seek counseling intervention and signed a statement giving permission to share infi~rm~ition with Petitioner (her mother). 9. Petitioner was aware that in October of 2004, Father filed before the Court a Petition for Modification of Custody, wherein Respondent was seeking primary physical custod~r of the parties children. He later withdrew his Petition and agreed to take part in counseling ~tiith the petitioner ;and her husband and the parties" children. 10. Sind the children's lives began deteriorating in the fall of 2004, Petitioner has sought and maintained counseling from YWCA Rape Crisis agency fir Melinda. Christian '~Scr~~ices located ir.~ Carlisle, PA and then from Northwestern Human Services Stevens C"enter. `or the childre~l and for the family, such that the issues presented in triis Petition were addressf.~d by counseling. 11. A[~~ter over a year of counseling, from October fit" 2004 thrr,~ugh October l4"' 2005. the childrel~ returned to the positive lifestyle that they were leadin~~ prior to the fall of ~.'C+O~. Petitioner received a telephone call around the middle of May 2006 from Ne~~-~-ille Borough Chief of Police. Again, yet another 20-year-old male allegedly raped a~ 13-year-old child. "hhe incidence allegedly took place on April 29t~ 2006, at the Respondents home. New~~iile~ ~3orough Chief ~~f Police informed Petitioner that parties involved v~~ere several minor children ~~~ncluding Melinda., ,and that these children were also, allegedly, taking part in the consumption ~Ef` Respondents alcohol. 'l~he Newville~ Borough Chief of Police is prepared to testif~~ in ~~'ourt relative to the activities in the Father's home as described abcwe and as told to hin~ by tl~e parties children and other witnesses. Respondent was hon~-e at the tuna of these ir-icidences and has illustrated an inability to properly care for the children and provide them with proper guidance and control. VVI~FREFORE, Petitioner requests immediate Court intervention, the children run the risk of being involved in further criminal activity, which nay (cad to their- arrest.: in~~olverr~ent in additional sexual action, which may lead t~o pregnancy and/or disease; and may continue in involvement that will further cause their lives to deteri~~r,ate as it has over the past in 2004 through 2006 from their Respondent's influence. Petiti{~ner requests a Modification of the Court order for Custody be limited to supervised contact hetween Respondent and minor daughter Melinda Marie Shatto. ~N U ti~~at Respondent he found in Contempt of Court; AND that Respondent be held retie+m~.ibl~e for all Attorney Fee's and Filing Fees, and Expenses, which Petitioner incurred in order t<~ fiie this Contempt Petition as well as Attorney Fee's and Expenses occurred in 20~J4. ?l:11)5. an~~l 200h from unresolved attempts to address this case to the courts; including the tees as:~o~:iated with counseling in 2004 and 2005, as well as further counseling still needed for Meli~7du in 2006. Respectfully Submitted, Date: ~~ ' - - ~Z- i~`- ~ ' ~` I3y : ~~. ,.~,~°ti~-tom.. ~~- -~twv-~ti,_-__ Tina lVl. Swinn Petitioner 220 Willow Mill Park Road Mechanicsburg, PA 17050 (717) 697-97 l 7 TINA `vi. S~'INN. : IN THE COURT OK COMMUNM PLI~~.~ C)}, Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYI.V t~l~~~IA vs :Docket No.:576-CIVIL-1993 S"KEPI II~?`~i ~~. SHATTO C-efendant/Respondent :CIVIL ACTION -- CU~~TODY CERTIFICATE OF SERVICE '"' "~ ~ ~ , 2007. I rr~ailed a copy I hereby certify that on this ;~~~ _ day of. ~,~,, ~. of petitioner's Petition for Contempt of Court to the following; persons at the follo~~tiing; address via Certified ?vlail, Return Receipt Requested as follows: Paul Bradford Orr, Esquire Attorney for Defendant/Respondent 50 East Nigh Street Carlisle, PA 1701 ~, -_ Tina M. Swinr~/Petitioner 220 Willow Mill Park Rr~ad Mechanicsburg„ PA 170.0 (717) 697-9717 ~' r' 1.. .. ,~ _ ~~, r - -.~ , ~Y 7~ -~ .. v ~° .' - :'~'_ r'_ tf l 7~. ,.;' ~' f :~;~ sv; `~ w~ ,_, { +,°b ~5 f. ~ dCv'. J~h ~. '(jJ.~j~ ~..f...9 . ' h, T '' ~ :aft bt ~; ' tt z^r ~ i ~~, t ~ ~~? } i ,r ~~.~ ~~ ,.~ ~ ti .T: W~ ~ i,~~ ~ •` dr ~rY,• `, r711y+V . :S S ' '~ ~ ~ .~.' M FF~~ J JJ1~1 ~ i w r y _. R'u rurr~s+3z J . ~ ~~ _ -, ';t~,~ ~e~Ul?'~fA6fld~.y~.~i .gyp,.. 5',, zl<.f:~,fE'~.9u' xr _e...__. .'_ .. ~rifiAV. ~~_ ~. f-f;ii fJJW, thisr ~ ai,s}~ of ~;•. }.`~~.~ c..^.4io`~eraf~o" ~f the d*_taChed Cttstady COAC.2.~Ii'.*_127r ~~r~~:', .. _".5 ::r~'•~. . . sr. .c? directad as fol3ov$: _. Innis Coz:.t's p,ior order ;:~F x.~~. .:_~, :yi'3, a17a.i. rfl~ta,... :; r. ei1'i.'C~ Ji7bJF•C4, t0 ~;ac+ ~?~JC;:±C:~LS:^~._ _*-3 .?=`~ ~~("t l:+ b~?!)~,. n. I~drayrdl3„7 .>!1+ O: t`~t ~':r'^~..'r ~ r'°L' S 1~1t ~`'C' .:,C~i..:`~Q:~ ai1C':i that Fatl:cer`s _~ric~~s cf ee.. ~-•-'r C,-s:cay cu,r_au'v s,':a_I ~ .» aiLer~at _ ,,.r~eY~er~'_ -.}` w¢r :.`~.3^ °~'~:~ ....: s'. ~. or the s.~..-~."~e: o: :'" %5 _~.._ a;-_ies s~4ai? dsscuss tr.e pos.sibi3z ty c t':e .:s trpx c;:,~ a i Byrd tlr-~ :reek., of sur~rer vaca~icrs. ?~ the ewe^i the t„~rtes are u:zable to a4ree a~ t,his .ss~e .`-.-r "fa•: a~f iga5, Father may regtaest t~:e t'oncilia~_e: '© ~~..,~uct ara:~i.er conference. ^. :;hen t,~~e ~iror e:~z?~re~~ are ::.- this x•ustady of the ,Father, rather shall I..^.s:;rw *.:?.at t6.e chilc~rez have appror>ri~ate sdee~ria:r a~ar.~e~^ts~ that t`he children a~'here tc the sta:ad'ard 3*ed~~.^e sche~du3g,, that t:he chIdren a.e znot ex~c.sec' to ...raCC>raaria!`e Iarrcudce, :ele~-isic;_. s?~:.*-as or aowles, ~...^d shat th~± Fathe2- exYrcises, a~`? reasn:same ~r.ecawt._oa,s to _nst;re that: the chi?t're:a are in a save a-c~ ai~~rogriate env.;ranmec~t. - _ ~ ~' s _' _ cc. Brad?e~- L. ~riffie, Esa-.~ire ~ _ _:._.~~..,,'~^..:~--~r~ r,1~7/y<- Richard ~. Fie'.a1}er, ..^r., ~sc,~.a_re ~~ N Petitioner's Exhibit r•~~r, . t; R l:'~'.~2 .~'. YG ~,~ ~.i ~ ;^, ct.,, _ , 1,193, uc;o.n c:onsic'eristicn a`- t:l{ ,4 ~ :..r~:~i.l.~.~~ `.iai;'~P.el?o~~:, .it~ ~;s c~z'deed anc~ ' . ,.~ _. _- _ ,. .c ~'.~ ~ ~,, c;Y ,::nd tlae F:ttaQr :at•epl7an A. Shatto -~xj, ~ ~ ~ ~:1 c~1.5r,:_.~:fy c;.t' C;.y.gta.I Liawue ShattU, bolo~a ~r,~1.. ,:CJ !' L ~ ,, ',7i: i:I I'.ic71''r:@' St1L Ito, t7(7.~'.II ~~@Ce.'211rIefZ' d~, ~~,.. ~, . .e r c,~~ ,: :. ;':nary ph•~sz:ca.Z custoc.y o1~ Cho 1.7~nor _ ~ ~ ,.J.~ c,~, t,~r,;7cxa.r;~ pta ysicizl r_c:s'~ody of tale m~~.nca;°. C.~.. WP_' . ... , . -.. ~.;c' t;1Yi.z`d 'aeekend:~ ~f Cho .n;on~th from 7:301 p,.~: ~. o ' ~ zc~ ~:~' ;rc t:~t of".f 'acrk on F.c~.day Ylnti.l Sunday at 7: pCl -.~ ~ ~cF ' : ~ ;•c` ac ;. ~~>,~ .aetermil~e~~ such tha'!' the fixst F~--~:~ ^n ~ . .,: 't:;7e: ~ ...rs~t Fr:~day of 'hat part.i:cuZar :?^ -~ ;; . . _.. :: ; :~ t:w~~c ~~~pe.~:s i.^. t~~e st:mrse::', o.ne week to 17e in :~' ~'_. ~ ~ _~ ~ uc°Ltsfi:. ~'1::a Fay.her sha.~y advise Mother- by f: " i.rY::etYrat tc: exe.~cise thiasp two particul.ax k; ~ st?. r'r:_i !, ~ ;7B ...... !~~:!' ~~~ .:.! f i;.L'l:'ilnCr~B the CLISI:O~y SC:Is?CZI.1~°. SLiCfY '.;11~i t ~~' ~~ t s,'~ .~..: a :.V ' ~, r, ~ ~ ; .~c ~ec:~ u~~~cr, by the parties . <~,' "' '1.° . `. ;• s. .: :c:wa;r•s .h~~ve custody on M~~>the,t's DeYy and the ~ ; ."- :~'~ :~.~ a~,v~~ cY.rs~ c~?3~ on :~atrer's Day, Chits provj:sion s . < ~- u~ ..:'1' S'c:hEs~L_tE3. r4 {. t '~~' 1.: ~~ = i' ~X~iO®IT rT, .L,_.) '-~ ; ; .eel '''Y`T~-x~~'v' ..~'F;` ~v.- i CC7{~~.sL~it~l; e'..l~cly ~~ii~laA~! ~'~~QN~ ~. TINA M. SWINN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW STEPHEN A. SHATTO, Defendant NO. 93-576 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of March, 2007, upon consideration of Plaintiff's Petition for Emergency Relief Pursuant To Pa. R.C.P. 1915.33, a hearing is scheduled for Thursday, May 31, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~na M. Swinn 220 Willow Mill Park Road Mechanicsburg, PA 17050 Plaintiff, pro Se ~ul B. Orr, Esq. J SOEast High Street Carlisle, PA 17013 Attorney for Defendant :rc c 'c o~ %° ~~ a ,,,~ ;.~`i' ~~ %~t ~~ ,,,.~ MAR 0 6 2D07 4~! TINA M. SWINN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW STEPHEN A. SHATTO, N0.93-576 Defendant IN CUSTODY COURT ORDER AND NOW, this ~ day of March, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the ~l~ day of , 2007 at ,' ~.m. At this hearing, the father shall be the moving party and sh 11 proceed initially with testimony. The Court will entertain father's Petition for Contempt against mother, mother's Petition for Contempt against father and mother's Petition for Special Relief. Counsel for the parties, and the parties themselves if they do not have counsel, shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the existing Court Custody Order shall remain in place. BY THE COURT, cc;~ ul B. Orr, Esquire ~na M. Swine a F:\FILES\DATAFILE\Grnera~Curtent\12321\Swinn v Shat[o J~i~flge J. Wesley Y ~. ~~.± r=~ i 3 + TINA M. SWINN, Plaintiff v STEPHEN A. SHATTO, Defendant Prior Judge: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.93-576 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Melinda Marie Shatto, born December 22,1991. 2. A Conciliation Conference was held on March 2, 2006, with the following individuals in attendance: The mother, Tina M. Swine, who appeared Pro Se, and the father, Stephen A. Shatto, with his counsel, Paul B. Orr, Esquire. 3. The parties have a Custody Order from 1995 that provided father with a period of alternating weekends and other times and mother with primary custody. That Order addressed two children, one of which is now an adult. Over the past twelve years, the Order has not technically been followed. Since July of 2006, the father has not had custody of Melinda. Father has filed a Petition for contempt but, essentially, father is really simply seeking some time with his daughter and has suggested a minimal amount of time of one afternoon per month on a Saturday. ., 4. Mother has on her own filed a Petition for Contempt and has filed a Petition for Emergency Relief. Mother is suggesting that the child had serious problems after visiting with father and that the daughter is currently doing well and that at best father is entitled to some type of supervised visitation. The mother is unwilling to agree upon anything with respect to an interim Order and a hearing is necessary. 5. The Conciliator recommends any Order in the form as attached. DATE: March 5, 2006 Hubert X. Gilroy squire Custody Concil' for TINA M. SWINN iN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 93-576 CIVIL ACTION LAW STEPHEN A.SHATTO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 08, 2007 ,upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland Count~Courthouse, Carlisle on Thursday, Apri105, 2007 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children al;e five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: !s! Hubert X. ~Ilro 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 offce. 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 UR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South I3edford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4~~~ ~~ ~ ~~ :~~ ~`~i,~~:~-C1~3 ~~~ °i ~ , ,~t,F (1_. ~ ~ ~.4~. ;, ,- coot ~B add TINA M. SWINN, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW STEPHEN A. SHATTO, N0.93-576 Defendant. IN CUSTODY COURT ORDER AND NOW, this 38 ~ day of ~ ~ ~ 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. Mother's Petition for Contempt of Court against the father which was filed on February 28, 2007, shall be addressed at the hearing previously scheduled in the above case in Courtroom No. 1 of the Cumberland County Courthouse on May 31, 2007, at 9:30 a.m. 2. Pending further Order of this Court, the following TEMPORARY Custody Order is entered: a. The mother, Tina M. Swine, shall enjoy legal and primary physical custody of Melinda Marie Shatto, born December 22,1991. b. The father, Stephen A. Shatto, shall enjoy visitation with the Honor child on one Saturday per month from noon until 6:00 p.m. The father's visitation shall be subject to supervision by the paternal grandmother, Vivian Shatto. In the event the minor child is working on Saturday or otherwise unable to accommodate this schedule on Saturday, the parties may move this visitation to Sunday. BY THE COURT, ~~ J, esley Oler, ,Judge cc: Ms. Tina M. Swine Paul B. Orr, Esquire ~Yw`.`~."l ~ d l' ~ ~~ ~ ~ ~~ ~f~c~ ~ - ~~~`~t~ E~~~ j ((^~ ~:.,~ ~, ~~ , ~F ,. TINA M. SWINN, Plaintiff, v STEPHEN A. SHATTO, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.93-576 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Melinda Marie Shatto, born December 22,1991. 2. A Conciliation Conference was held on April 26, 2007, with the following individuals in attendance: The mother, Tina M. Swinn, who appeared pro se, and the father, Stephen A. Shatto, with his counsel, Paul B. Orr, Esquire. The Conciliator held a prior conference in this case in March and the case is scheduled before Judge Oler for a hearing on May 31, 2007. The mother then filed on February 28, 2007, a Petition to hold father in contempt and the case again came back to the Custody Conciliator. It is the Custody Conciliator's position that the Contempt Petition should be addressed at the May 31, 2007, hearing. 3. In the meantime, there was some negotiations between the parties with respect to father obtaining temporary custody of the minor child. The parties reached an agreement on that issue, despite the fact that they could not reach an agreement on the mother's Petition for Contempt and some other issues. 4. The Conciliator recommends an Order in the form as attached. Date: Apri127, 2007 "° ubert X. Gi oy, Esquire Custody Co ciliator MAY 3 4 2007' ~ Johnson, Duffle, Stewart & Weidner By: Michael J. assidy I.D. No. 82164 301 Market Str et P. O. Box 109 Lemoyne, Pen sylvania 17043-0109 (717) 761-4540 mjc@jdsw.com Tina M. Swinn, Plaintiff v. Stephen A. Sh tto, Defendant RLAND VALLEY ~TECTIVE ORDEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 93-576 IN CUSTODY CIVIL ACTION -LAW OLER, J. JURY TRIAL DEMANDED )L DISTRICT'S M07 UANT TO Pa.R.C.P. AND N W comes Cumberland Valley School District, by and through its undersigned attorneys, and n behalf of its employee, Lisa Fones, and files this Motion for Protective Order Pursuant to Pa. .C.P. 234.4 for the purpose of seeking a Court Order limiting her testimony, and in support t ereof, avers as follows: 1. T e Movant is the Cumberland Valley School District (hereinafter "School District"), a publ c school district organized and existing under the laws of the Commonwealth of Pennsylvania, ith a primary address of 6746 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsy vania. 2. Li a Fones is employed by School District in the capacity of a Guidance Counselor at Eagle View Middle School. 3. M linda Marie Shatto is the minor daughter of Plaintiff and Defendant and is the child who is the s bject of the above-captioned litigation. 4. M linda Marie Shatto is, and at all times relevant hereto, has been a student enrolled in the C mberland Valley School District and has attended Eagle View Middle School for the last three (3) school years beginning with the 2004-05 school year through the 2006-07 school year. 5. Li a Fones served as Guidance Counselor to Melinda Marie Shatto during the three (3) years elinda Marie Shatto attended Eagle View Middle School. 6. hile she was a student at Eagle View Middle School, Melinda Marie Shatto had numerous confid ntial communications with Lisa Fones in her capacity as Guidance Counselor, which confident al communications included discussions involving her parents' custody disputes, as well as allegations of sexual assault and illicit drug use. 7. A all times relevant hereto, the communications between Linda Marie Shatto and Lisa Fones wer with the understanding that the substance of those conversations would remain confiden ial. 8. O or about May 14, 2007, Plaintiff Tina M. Swinn served Lisa Fones with a Subpoena to A nd and Testify, a copy of which is attached hereto and marked as Exhibit A, directing Lisa ones to testify in her official capacity as a Guidance Counselor for the Cumberland Val ey School District at the hearing scheduled in the above-captioned matter for May 31, 2007 at 9:30 a.m. in Courtroom No. 1 of the Cumberland County Courthouse. 9. P aintiff Tina M. Swinn also served Lisa Fones with a list of questions she intends to ask Lisa Fon sat the hearing scheduled for May 31, 2007, a copy of which is attached hereto and marked as xhibit B. 10. S veral of the questions which Plaintiff Tina M. Swinn apparently intends to ask Lisa Fones see s to have Lisa Fones reveal the substance of confidential communications between her and Melinda Marie Shatto, specifically questions 32, 33, 37, 39, 40, 41, 42, and 43. 11. P~rsuant to 42 Pa.C.S.A. §5945, a school guidance counselor can not be compelled to tes~ify regarding confidential communications with a student. 12. 1N~ile 42 Pa.C.S.A. §5945 provides that a school guidance counselor's privilege against being co yelled to testify regarding confidential communications with a student may be waived by copse t from the student, if 18 years of age or older, or by consent from a parent or guardian, if the s udent is under 18 years of age, the Cumberland Valley School District seeks a Protective Orde protecting the substance of the confidential communications between Lisa Fones and Melinda Marie Shatto, so as to protect the institution of guidance counselor and the confidentiality of the communications between the guidance counselor and student so in the future students rn~ill feel comfortable speaking openly with their guidance counselors without fear of the guidance counselor being compelled to divulge the substance of confidential communicationslin acourt of law or otherwise. 13. A~y consent which Tina M. Swinn may give in waiving her daughter's privilege would be self-sewing and would create a conflict of interest, in that she is a party to the above- captioned m 14. Lida Fones should not be compelled to testify regarding the substance of her confidential communications with Melinda Marie Shatto since Melinda Marie Shatto would be competent to testify herself as to the nature of her discussions with her guidance counselor. 15. Li~a Fones should not be compelled to testify regarding the substance of her confidential corrhmunications with Melinda Marie Shatto since any such: questions call for heresay. Cumberland Valley School District, on behalf of Lisa Fones, requests this Honorable court issue a Protective Order limiting Lisa Fones' testimony at the hearing scheduled in the ~bove-captioned matter to only those matters which do not require Lisa Fones to divulge the substance of any confidential communications she had with Melinda Marie Shatto. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER sy: 2~'~2 Elizabeth Snover, Esquire I. D. No. 0997 Michael J. Cassidy, Esquire I. D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717} 761-4540 eds@jdsw.com DATE: ~ r 2 Y' ~G~ 299041 ~,~Chila~ ~ A J Tina M. Swig Plaiu vs. Stephen A. S Defi TO. 1. 2. subs Peru imps REQI Nam• Addr Telel Supra COMMONWEALTH OF PENNS'YLVAIVIA COUNTYOFCUMBERLAND in, - ~~ File No. 93-576 hatto, Civil Term . ndant ~ . SUBPOENA TO ATTEND AND TESTIFY Lisa F nes 6746 arlisle Pike You ar ordered by the court to come to Cumberland County Courth use Courtroom 1 pec ourtroom or o er p ace) at Carlis a Cumberland County, Pennsylvania, on May 31, 2007 at ~30 0' clock, A M,. to testify on behalf of Tina M. Swine Plain ' in a ove case, and to remain un excuse And b ' g with you the following: Tf you ' to attend or to produce the documents or things required by this ~oena, ou may be subject to the sanctions authorized by Rule 234 isylvani Rules of Civil Procedure, including but not limited to costs, attorne isonme t, .TESTED BY APARTY/ATTORNEY IN COMPLIANCE WITH Pa.Rc.P.No.234.2(a): ~: T' M. Swine ess: 22 Willow Mi 1 Park Road M hanicsbur PA 17050 phone: 717 b97- 9717 :me Co II7 # PrQ se BY THE COURT: 5 of the y fees and S rothonotary/Clerk, C it Division Date: 'ipp Se '1 of the Court Deputy Official Note1 This form of subpoena. shall be used whenever a subpoena is issuable, including hearings in cc~nnectian with depositions and before arbitrators, masters, commissioners, etc. in compliance ~ith Pa. R.C.P.No.234.1. If a subpoena for a production of documents, records or .things~s_desn}ecL~omnlet~nara~r_anh' ~ ~~ ~ro~~ ~Xhib~f 13 Questions for the hearing/court proceedings 1 am being subpoenaed to testify in: 1. Would you please state your name? 2. How do you know Melinda? (1 am her school counselor.) 3. How long have you been Melinda's counselor? (3 school years} 4. Are you aware of the fact that Melinda has special education needs? (yes) 5. Could you please tell me how her needs are addressed at schoo!? (She has an lEP and gefs services through learning support) 6. Would you tell me what an IEP is? (It is an Individualized Education Plan) 7. How long has Melinda had an IEP in place at school? (She was flrsf evaluated and identified at the end of third grade. She would repeat third grade and also start to receive learning support services as stated in the IEP in third grade). 8. Who makes up the plan? (It is a team of school personnel consisting of present teachers, counselor, principal, school psychologist, and the student's ~~-• parents/guardians.) 9. Are you involved in Melinda's IEP meetings? (I usually am, but I was unable to attend the last meeting for the current IEP.} 10. You do have a copy of Melinda's current IEP and are very aware of its contents even though you missed our last meeting? (yes) 11. What is her special education identification? (She is ident~ed with a learning disability in reading and written expression.) 12. In her !EP what is under the specially designed instruction to meet her needs? (She has direct instruction in reading and English; homework checks with the learning support leacher to monitor organization and homework completion; attention supports to be sure she undersfands the directions and assignments; study strategies; testing In small group setting with modified tesfs and extended time for testing and completion of assignments.) 13. So would I be correct to say that Melinda needs to be "watched" after at school to make sure she is following directions and understanding what she needs to know and do? (yes) SUBMIT F...XHIBIT-MELINDA'S IEP DATED OCTOBER 2006 14. Was there a time you notified me that Melinda confessed to you that a 20- year oid male sexually molested her? (yes) 15. Did you have Melinda's permission to share this confidential information with me? (yes) 16. Do you remember the date when that was? (Late January 2005) SUBMIT EXHIBIT-LISA FONE'S LETTER DATED JANUARY 27, 2005 17. Do you remember how oid Melinda was at the time of her confessed assault? (13) 18. Did you ask Melinda if this just happened or did she share that it happened a few months prior to her confession? (Yes, she had just turned 13 in late December. So her confessed incident took place when she was 12.) 19. Did you recommend counseling services through YWCA Rape Crisis agency? (yes} 20. Did you make a referral to YWCA Rape Crisis and help setup counseling through them for Melinda? (yes) 21. Did the YWCA counselor stay in contact with you during the duration of counseling ? (yes) 22. Did you stay in contact with me during the duration of counseling? (yes) SUBMIT EXHIBIT-CONSENT FOR COUNSELING AND AVOCATION THROUGH THE YWCA FOR MELINDA 23. Were you aware that around that-same time we, Melinda's family, were also seeking family counseling from Northwestern Human Services, Stevens Center, Famiiy Based Mental Health Services? (yes) SUBMIT EXHIBIT-NORTHWESTERN HUMAN SERVICES, STEVENS CENTER,. FAMILY BASED MENTAL HEALTH SERVICES TREATMENT PLAN 24. Did the Stevens Center counselors also visit with Melinda at school? (yes) 25. How often did they visit? (Typically about once per week in fhe beginning and then less frequently) 26. Did they schedule these visits through you? (yes) 27, Are you aware that their services required a Psychiatric Evaluation of the client? (yes) SUBMIT EXHIBIT-MELINDA'S PSYCHIATRIC EVALUATION 28. Do you have a copy of the results of this evaluation? {yes) 29. Did you continue to meet with Melinda through the school year 2005? (yes) 30. So February, March, April, May and June 2005 continued. Then the school year ended. Counseling continued with YWCA and the Steven's Center. Were you aware of this? (yes) 31. The Steven's Center Counseling continued through the .summer of 2005 and the beginning of grade 7, August 2005 through October 2005. Is that correct? {yes) 32. Did Melinda come to see you concerning the death of her father's paramour in late August, 2005? {yes) 33. Did Melinda inform you that the paramour's two children no longer lived with her father, Steven Shatto? (yes) 34. While Stevens Center counselors kept close contact with all family members and kept everyone .involved accountable for their actions, how would you describe Me[inda's attitude, demeanor and self-esteem? (She was up and down and wanted to continue the counseling) 35. So as we stand, counseling continued into mid October 2005. At that point . it ended. About fi~or 7 months passed without much concern for harmful activity which takes us to March/April 2006 which is close to the end of Melinda's 7tn ' grade year. At that time do you recall con#acting me to recommend the Student ' Assistance Program for Melinda? (yes) 36. After that assessment, the SAP team recommended counseling for Melinda. SUBMIT SAP LETTER 37. She had confessed to drinking, trying drugs and cutting herself. Did she share this with you? (yes) 38. Are these the reasons the SAP referral was made? (yes) 39. So, Melinda confessed to relapse of drugs and alcohol. Counseling through the SAP was recommended. Did she share where she was using the drugs and alcohol? If yes, where? (yes, in Newville) J 1 40. Did she confess that she had friends come to her father's apartment on Aprtl 29, 2006, and another 13 year old girl was sexually assaulted by a 20/21 year old male at her father's apartment? (yes) 41. Did she share !stopped visitation completely with her father at that point? (yes) 42. Did Melinda share that I was trying to get supervised visits with her dad? (yes) 43. How did Melinda feel about that? (She was angry, She did not want supervised visits. She wanted to have visits wifh him during the day.) 44. The school year ended in June 2006. Nothing was settled yet. Since 8th grade, in August 2006, to the present, has Melinda visited your office as frequently as she did in the last two years. (No, the initiated contact was much less frequenf) 45. Explain her demeanor during her 8th grade year which is this year. (She appeared more focused in her academics. She seemed happier in unstructured settings with her peers.) • CERTIFICATE OF SERVICE AND NOW, this ~5~ 'day of May, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Tina M. Swinn 220 Willow Mill Park Road Mechanicsburg, PA 17050 Paul B. Orr, Esquire 50 E. High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: Ca en S. Jensen ~~ ~ ;,-. ~- ""~~ cl;~ ~ ~ ,..... W c~; 43 ^ ' y ' i ~~ r .,. a -.. ~~ C~.:x TINA M. SWINN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CNIL ACTION-LAW v. IN CUSTODY STEPHEN A SHATTO, Defendant No. 93-576 CIVIL TERM IN RE: CUMBERLAND VALLEY SCHOOL DISTRICT'S MOTION FOR PROTECTIVE ORDER PURSUANT TO Pa.R.C.P. 234.4 BEFORE OLER, J. ORDER OF COURT AND NOW, this 30'h day of May, 2007, upon consideration of Cumberland Valley Schoal District's Motion for Protective Order Pursuant to Pa.R.C.P. 234.4, a rule is hereby issued upon Plaintiff, and Defendant, to show cause why the relief requested should not be granted. RULE RETURNABLE at the hearing to be held May 31, 2007. BY THE COURT, ~na M. Swinn 220 Willow Mill Park Road Mechanicsburg, PA 17050 Plaintiff, Pro Se ~aul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Defendant ~lizabeth D. Snover, Esq. Michael J. Cassidy, Esq. JOHSON, DUFFIE, STEWART & WEIDNEF_ 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Cumberland Valley School District '~~v~b'J~~~"~~CJ3d ~.0 :~ W~ 0£ ~~~ t00Z A't~l~~it::~l~;i3d ~H! ~Q ~~~~ TINA M. SHATTO, IN THE COURT OF COMMON PLEAS OF (now TINA M. SWINN) CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW STEPHEN A. SHATTO, Defendant NO. 93-576 CIVIL TERM ORDER OF COURT AND NOW, 4th day of June, 2007, upon consideration of (a) Plaintiff s Petition for Contempt of court, filed February 28, 2007, and (b) Plaintiff s Petition for Emergency Relief Pursuant to Pa. R.C.P. 1915.33, with respect to the parties' child, Melinda Marie Shatto (December 22, 1991), and following a hearing held on May 31, 2007, it is ordered and directed as follows: 1. With respect to the petition for contempt, the Court finds that Defendant, the father, has intentionally, voluntarily and willfully failed to comply with the terms of the order herein and he is consequently adjudicated in contempt. The sanction for the contempt is that he pay a fine to the use of the county in the amount of $100.00 within 30 days of today's date and that he hereafter strictly comply with the custody order in effect; 2. With respect to the petition for emergency relief, a. Legal custody of the child shall be in Plaintiff, the mother; b. Primary physical custody of the child shall be in Plaintiff, the mother; c. Temporary or partial physical custody of the child shall be in Defendant, the father, at the following times, said custody to be exercised at the home of the child's paternal grandparents and at all times in the presence of at least one adult: t~,l ti('t ..; r. "RBI i~ ~~ ~d i7_ ~~~~~ l~~z (1) On alternating weekends, with one weekend consisting of Sunday from 11:00 a.m. until 7:30 p.m. and the next weekend consisting of Saturday from BY THE COURT, 11:00 a.m. until Sunday at 7:30 p.m. (2) On Christmas Day, from 2:00 p.m. until 8:00 p.m.; (3) On Thanksgiving Day, from 2:00 p.m. until 8:00 p.m.; (4) On all national holidays, from 2:00 p.m. until 8:00 p.m. d. Transportation for purposes of custody exchanges shall be the responsibility of the party receiving custody; e. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. f. Without regard to any other change of circumstance, the passage of nine months under this order shall be deemed to constitute a sufficient change of circumstances to warrant consideration of a petition to modify the custodial terms filed by either party. ' J esley O , Jr., J. oa a ~ina M. Swinn 220 Willow Mill Park Road Mechanicsburg, PA 17050 Plaintiff, pro Se ~aul B. Orr, Esq. SOEast High Street Carlisle, PA 17013 Attorney for Defendant :rc TINA M. SWINN, Plaintiff v STEPHEN A. SHATTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 93-576 CIVIL TERM IN RE: MOTION FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 31st day of May, 2007, upon consideration of the Cumberland Valley School District's Motion for a Protective Order, and this matter having been resolved at the hearing held on this date to the satisfaction of all parties, the motion is deemed moot. By the Court, ~ina M. Swinn 220 Willow Mill Park Road Mechanicsburg, PA 17050 Plaintiff, pro se ~aul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 ,L~lizabeth D. Snover, Esquire J 4301 Market Street P.O. Box 109 Lemoyne, PA 17043 For Cumberland Valley School District :mae ~;9 ~ \j',i~~~r~,~~l ~~,~~ 6~ ~~! t-~~ 9- ~~~f EflQZ ~,,, ~, ` ~~-C}~i`li~ ~ti1_:~,. TINA M. SWINN, Plaintiff v STEPHEN A. SHATTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 93-576 CIVIL TERM IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 31st day of May, 2007, upon consideration of the mother's Petition for Emergency Relief, and the mother's Petition for Contempt, and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. By the Court, ~jl~ina M. Swinn 220 Willow Mill Park Road Mechanicsburg, PA 17050 Plaintiff, pro se ~aul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 ~lizabeth D. Snover, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 For Cumberland Valley School Distric :mae ~~ ~Zi add ~-' t~i~f LOOZ 1~t3LvS.~~~~:; ~~;:~~ ~Nl ~C~ ~;~~.^~~~~1~