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HomeMy WebLinkAbout05-1820DOUGLAS L. SHELLEHAMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. C)S- NICOLE L. SHELLEHAMER, CIVIL ACTION - LAW ff Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is DOUGLAS L. SHELLEHAMER, residing at 328 S. 5th Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant is Nicole L. Shellehamer, residing at 47764 Cale Zafiro, Indio, California, 92201. 3. Plaintiff seeks custody of the following children: NAME PRESENT ADDRESS AGE Tiffany A. Shellehamer 47764 Cale Zafiro 9 Indio, CA 92201 (dob 11/3/95) Dustin J. Shellehamer 47764 Cale Zafiro 5 Indio, CA 92201 (dob 9/26/99) Tiffany A. Shellehamer was born out of wedlock. Dustin J. Shellehamer was not born out of wedlock. The children are presently in the custody of Defendant who resides at 47764 Cale Zafiro, Indio, California, 92201. Since birth, the children have resided with the following persons at the following addresses: PERSON ADDRESS DATE Plaintiff & Defendant 328 S. 5th Street Birth - Lemoyne, PA 17043 3/23/05 Defendant 47764 Cale Zafiro 3/23/05 - Indio, CA 92201 Present The mother of the children, Defendant Nicole L. Shellehamer, is currently residing at 47764 Cale Zafiro, Indio, California, 92201. She is married to Plaintiff. The father of the children, Plaintiff Douglas L. Shellehamer, is currently residing at 328 S. 5th Street, Lemoyne, Cumberland County, Pennsylvania 17043. He is married to Defendant. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides alone. 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the minor children and her parents. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the said children. 7. The best interests and permanent welfare of the subject children will be served by granting Plaintiff primary physical custody of them because Defendant surreptitiously and under the pretense of going to California for a vacation with the subject minor children and to visit her parents there informed Plaintiff from there that neither she nor their children were returning to the marital home. Defendant did this without authorization from the Court and without even attempting to obtain it. Because of her actions Plaintiff can better provide their children with stability Defendant cannot, or will not, provide them with. Plaintiff also, unlike Defendant will respect both the law and Defendant's right as to their children. S. Each parent whose parental rights to the children has not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him custody of the children the subject hereof. DATED: 6 LJ R ctfully Submitted: :PEA HERSCHEL LOCK, ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 r VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 4-6-05 2111 1- k??- DMGL,&S L. L. SH LEHAMER VV d ?J ? o c 1 w f? n -n -? rn C3 M1,; n DOUGLAS L. SHELLEHAMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. NICOLE L. SHELLEHAMER, CIVIL ACTION - LAW Defendant CUSTODY PETITION FOR EMERGENCY EX PARTE CUSTODY RELIEF AND NOW comes Petitioner by and through his attorney Herschel Lock, and files his Petition for Emergency Ex Parte Custody Relief against Respondent avers as follows: 1. Petitioner is DOUGLAS L. SHELLEHAMER, father, who currently resides at 328 S. 5th Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Respondent is Nicole L. Shellehamer, mother who currently resides at 47764 Cale Zafiro, Indio, California, 92201. Prior to March 23, 2005, she resided with Petitioner and the minor children the subject hereof at 328 S. 5th Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The parties hereto are the parents of the following minor children, Tiffany A. Shellehamer (dob 11/3/95) and Dustin J. Shellehamer (dob 9/26/99), who currently reside at 47764 Cale Zafiro, Indio, California, 92201. 4. The parties hereto are spouses having been married on and resided together until March 23, 2005, when Petitioner went with the subject minor children to California for a vacation and to visit her parents. 5. Since then, Respondent has told Petitioner that neither she nor their children would be returning to Pennsylvania but, instead, were going to live in California. 6. Petitioner only found out about Respondent's intentions when she told him of them by telephone from California. 7. Petitioner last saw the children on March 23, 2005, on the day Respondent went to California with them. 8. Petitioner is concerned about the welfare and safety of the children. 9. Petitioner believes that Respondent has unlawfully removed the children from the jurisdiction. 10. Under Pennsylvania law, a parent with custody of minor children, be it by court order or not, cannot relocate minor children without the approval of the other parent or court approval. Respondent herein obtained neither nor did she even attempt to obtain either before she unlawfully relocated with the children in contravention of Gruber v. Gruber, 400 Pa. Super. 174, 583 A.2d 434 (1990) and Plowman v. Plowman, 409 Pa. Super. 143, 597 A.2d 701 (1991). 11. Respondent has deprived Petitioner of his right to see the children. She also has deprived the children of their right or need to see their father. Respondent has breached Petitioner's legal and physical custody rights by her actions. Petitioner loves the children and has always had a loving relationship with them. Respondent's conduct in removing the children clandestinely and in violation of Pennsylvania law is unconscionable and contrary to the best interests of the children. , Petitioner respectfully requests that your Honorable Court grant the Petition for Emergency Ex Parte Custody Relief and enter an order as follows: (a) Directing that Respondent immediately return to the jurisdiction of this Court with the children and issue a bench warrant for her arrest and return to the jurisdiction; (b) Directing that Respondent shall relinquish her passport, if any she has, and the children's passports of any thy have, to the Court; (c) Awarding Petitioner sole legal and physical custody of the children until future hearing; (d) Pursuant to the Uniform Child Custody Jurisdiction Act and the Parental Kidnaping Prevention Act, directing the courts and law enforcement agencies in whatever jurisdiction in which Respondent and/or the children may be found to enforce this order to ensure that the children are returned to Pennsylvania and surrendered to Petitioner's custody; (e) If Respondent and/or the children are found in another country that is a signatory to the Hague Convention on International Child Abduction, directing that the controlling authority for that jurisdiction be contacted to ensure that the children are returned to the jurisdiction of this Court; (f) Directing Respondent to pay Petitioner's counsel fees, costs and expenses, that are the result of the efforts by Petitioner and Petitioner's counsel to locate Respondent and bring her and the children before the Court; and (g) Permitting Petitioner to engage in open discovery Pursuant to Pennsylvania Rules Of Civil Procedure 4001, et. seq., in order to determine the whereabouts of Respondent and the children. /?' DATED: Respectfully submitted, -,J- -0- , f i HERSCHEL LOCK, ESQUIRE 3107 N. Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court ID No. 22691 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 4-6-05 44, DO" L. SH LLEHAMER ?I r c G ?J --C ca c. ?a 'J J 1 sv N Y rt T L m f, J 5002 8 0 80 03AI333M ?14 DOUGLAS L. SHELLEHAMER, Plaintiff VS. NICOLE L. SHELLEHAMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this //'06 day of April, 2005, upon review of the ,\ -0 E-uirV. within Petition for Emergency Ex Parte Custody Relief IT IS-4iEkLiIBY (a) RCS this Court wi warrant for her (b) and the children's t and return to shall relinauis (c) Petitioner shat custody of the children u (d) Pursuant to the of be a t e jurisdiction; her passport, if any she has, thy have, to the Court; d sole legal and physical 1 uture hearing; orm Child Custody Jurisdiction Act and nti Act, direct the courts and law ever j risdiction in which Respondent and/or the childr?t`the ay be found sha be directed to enforce this Order to ensure t children are turned to Pennsylvania and the Parental Kidnaping P enforcement agencies i/ surrendered t;espondent titioner's custody; (e) If and/or the childre are found in another count/ction is a signatory to the Hague Con ntion on International Child on, direct that the controlling a hority for that juris shall be c ontacted and directed to sure that the dent shall immediately ret n to the jurisdiction of the children the subject ereof and issue a bench chil n are returned to the jurisdiction his Court; (f) ondent shall pay Petit' er's counsel fees, costs and expenses, that a the result the efforts by Petitioner and Petitioner's counsel to ate Respondent and bring her and the children before the ourt; an (g) Peti 'oner shall be permitte o engage in Open discovery Pursuant Pennsylvania Rules Of Civil Proce 4001, et. seq., in ord to determine the whereabouts of Respondent and the children t7 /0. BY THE CO DATED: By: J. t!A Sh :111,J 1 1 8cN soot C; '131 IJ DOUGLAS L. SHELLEHAMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NICOLE L. SHELLEHAMER DEFENDANT 05-1820 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, __ Wednesday, April 13, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 11, 2005 at 12:30 PM 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. All children age 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'. fsf Dawn S. Sunder Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1-7 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO; 2005-01820 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHELLEHAMER DOUGLAS L VS. SHELLEHAMER NICOLE L R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named RESPONDENT SHELLEHAMER NICOLE L by United States Certified mail postage prepaid, on the 13th day of April 2005 at 0000:00 HOURS, at 47764 CALE ZAFIRO INDIO, CA 92201 , a true and attested copy of the attached ORDER AND PETITION Together with The returned receipt card was signed by SIGNATURE ILLEGIBLE on 04/20/2005 . Additional Comments: Sheriff's Costs: Docketing 18.00 Service 4.65 Postage .37 Surcharge 10.00 nn J J . V L Paid by HERSCHEL LOCK Sworn and subscribed to before me this ?,A, day of [Vxa, a.lx7 A.D. t - - - r thonotary So answe.rs: R. Thomas Kline Sheriff of Cumberland County on 04/20/2005 b ,A !?ia o Z ? ? \ •x 1 P 1 ?L o at d c u. ? Z "g 4 A o- w 07 p N - ? 4 o LL ? y y ai ?\ Z cn ? U 6 2i-b 7? ? ? aN N m ?U j a 'c w N ra N ? w vt S 4?, 0 3 w a ? o 1 0 c m U1 N Ln S ? n U U! L- o t' 3 ? N_ n W c W 7 Q 31 0 O N 5 IE I? ?I_ DOUGLAS L. SHELLEHAMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIP. V. NICOLE L. SHELLEHAMER, CIVIL ACTION - LAW Defendant NO. 05-1820 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of May, 2005, after hearing, it is hereby ordered as follows: 1. The parties shall have shared legal custody of their children, Tiffany A. Shellehamer, born November 3, 1995, and Dustin J. Shellehamer, born September 26, 1999. 2. Mother shall have primary physical custody of the children during the school year with periods of partial physical custody in father as follows: A. Christmas vacation. B. Spring vacation. C. One additional week upon father giving thirty days notice to mother and making arrangements to have the children excused from school. The periods shall be from 24 hours after schooi lets out until 24 hours before school begins. Mother shall be responsible in arranging and paying for all transportation costs of getting the children to and from Pennsylvania. D. Father may also visit with the children for up to seven additional days in California upon giving mother thirty days advance notice thereof. It shall. be father's responsibility to get the children to and from school or excused from school during that period of visitation. E. In addition, father shall have partial physical custody of the children from 1:00 p.m. today until 9:00 p.m. Sunday night. 3. Father shall have primary physical custody of the children during the summer school vacation from 48 hours after school lets out until 72 hours before school begins. Mother may have a seven day period of partial physical custody upon thirty days notice to father. Mother shall be responsible for all transportation costs of getting the children to and from Pennsylvania. 4. The physical custodial parent shall allow frequent telephone and e-mail contact between the children and the non-custodial parent. 5. The custodial parent shall e-mail the non-custodial parent at least once per day regarding the children. 6. The terms of this order may be modified by mutual agreement of the parties to allow additional visitation by and between the parties or to change the custodial arrangement. By the r' Guido, J. Herschel Lock, Esquire For the Plaintiff Joseph D. Caraciolo, Esquire For the Defendant f lfh .?t<? DOUGLAS L. SHELLEHAMER, Plaintiff, v NICOLE L. SHELLEHAMER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1820 CIVIL TERM CIVIL ACTION-LAW PETITION FOR MODIFICATION AND NOW, comes the Defendant, Nicole L. Shellehamer, by and through her attorneys, Joseph D. Caraciolo, Esquire and Foreman & Foreman, P.C., and respectfully petitions this court for modification of a partial custody or visitation order, making the following averments in support thereof: 1. The petition of Nicole L. Shellehamer respectfully represents that on May 13, 2005 an order of court was entered for partial custody, a true and correct copy of which is attached hereto and incorporated by reference. 2. As part of the above captioned order, Father shall have primary/physical custody of the children during the summer school vacation from forty-eight (48) hours after school lets out until seventy-two (72) hours before school begins. 3. Defendant has learned that, due to some recent test scores, both children have been recommended to participate in summer classes beginning on June 19 and ending on July 21, 2006. 4. Defendant has also learned that Tiffany, the older child, requires dental work as a result of an injury she sustained, and damage done to her teeth and braces. Such work should be concluded by July 22, 2006. 5. Counsel for Plaintiff was contacted on May 3, 2006 regarding the dental work and summer school. 6. The parties have been unable to agree to a stipulated deviation from the Order of Court dated May 13, 2005, allowing the children to attend summer school and receive vital dental care. 7. This order should be modified to allow the children to attend summer classes and to allow the oldest child to obtain needed dental work, as it is in the best interest of the children to be educated and without dental trauma. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the existing order for partial custody as more fully set forth herein. Respectfully submitted FO Date: 04 oG 16C V-V J eph D. Ca#*iolo, Esquire Ct12 torney for Defendant Market Street, 6th Floor Harrisburg, PA 17101 Telephone- (717) 236-9391 Attorney ID Number: 90919 P.C. ' 01-Jun-2006 01:53pm From-ENXCO DOUGLAS L, SHELLISHANMR, Plaintiff, v NICOLE L. SHELLEHAIVR, Defendant, . +7603291503 T-667 P.002/002 F-617 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-182o CIVIL TERM C1V1L ACTION-LAS' vERMC?ixrarr I verify that the statements made in the foregoing document are tme and correct to the best of my knowledge, Information and belief. To the extent that any of the averments are based upon, an understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein ate made subject to the penalties of 18 P$. C.S. § 4904, relating To uwwom falsl$Gatim to authonttes. Date: `n 6N hellebamcr 59 Mv'J NVW---NOd NCW?ZIQ? 7.L1Qgcrc?rT? TM1•r- ..,.-- •-- DOUGLAS L. SHELLEHAMER, Plaintiff, v NICOLE L. SHELLEHAMER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1820 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE 2L"' I hereby certify that I am this daY serving a copy of the foregoing. Petition for Modification upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by Certified Mail, restricted delivery and first class mail, addressed as follows: Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110-1310 Respectfully submitted P.C. Date: 0 G d( J eph D. Caraciolo, Esquire ttorney for Defendant 12 Market Street, 6t' Floor Harrisburg, PA 17101 Telephone- (717) 236-9391 Attorney ID Number: 90919 p _ T No 4, 4r_}t DOUGLAS L. SHELLEHAMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1820 CIVIL ACTION LAW NICOLE L. SHELLEHAMER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 15, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, July 14, 2006 at 11:30 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. All children age 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. affe? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 11 :Z 1Id 91 NU 90,1Z ?o l/- I la' 9P/. °? !9,f-I/_A/ ??'f ?? •?i. ;:j D-ti ?Q DOUGLAS L. SHELLEHAMER, Plaintiff VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA : No. 05-1920 NICOLE L. SHELLEHMAER, : CIVIL. ACTION - LAW Defendant : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please kindly withdraw the appearance of Herschel Lock, Esquire as counsel for Plaintiff, Douglas L. Shellehamer, in the above-captioned matter. Respect bully s bmitted, Date: 7A /d' W, /11 ? Herschel Lock, Esquire Supreme Court ID # 111 9 310 N. Front Street Harrisburg, PA 17110-1310 (717) PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please kindly enter the appearance of Jane M. Alexander, Esquire as counsel for Plaintiff, Douglas L. Shellehamer, in the above-captioned matter. Date: Respectfully submitted, , # 07355 48 South Baltimore Street O. Box 421 Dillsburg, PA 17019-0421 (717) 432-4514 :? - : C;? - ? fit` - .- ._a c_? ? _ i'' r i r? E, .,. t..?',. r_ DOUGLAS L. SHELLEHAMER Plaintiff VS. NICOLE L. SHELLEHAMER Defendant JUL t 0 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1820 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT r? AND NOW, this ('-' day of 2006, upon consideration of the attached Custody Conciliation 'Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 13, 2005 shall continue in effect as modified by this Order. 2. In the event either party proposes to make any adjustment to the Summer custody schedule for summer school or any other reason, that party shall provide the other party with at least 45 days notice in writing prior to the end of the regular school year. The purpose of the advance notice is to ensure that the proposed modification is resolved by agreement or addressed by the Court prior to the beginning of the summer. 3. To further facilitate the Father's receipt of school information concerning the Children, the Mother shall provide the Father with copies of report cards, status reports or other documentation concerning the Children's progress in school promptly upon the Father's request if the Father is unable to obtain the information directly from the school. 4. In lieu of the Mother's one week period of summer custody under the May 13, 2005 Order, the Mother shall have custody of the Children during the summer in 2006 from Saturday, July 29 at 9:00 a.m. through Sunday, July 30 at 5:00 p.m. and during the immediately following week from Monday through Friday from 9:00 a.m. until 5:00 p.m. each day. The Mother shall be responsible to provide transportation for all exchanges of custody under this provision. S. 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. Edward E. Guido J. cc: e Alexander, Esquire - Counsel for Father ?Kbseph Caraciolo, Esquire - Counsel for Mother 0?' ? .. {L i;: ,'-°a DOUGLAS L. SHELLEHAMER Plaintiff VS. NICOLE L. SHELLEHAMER Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1820 CIVIL ACTION LAW IN CUSTODY 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tiffany Shellehamer November 3, 1995 Mother/Father Dustin Shellehamer September 26, 1999 Mother/Father 2. A Custody Conciliation Conference was held on July 14, 2006, with the following individuals in attendance: The Father, Douglas L. Shellehamer, with his counsel, Jane Alexander, Esquire, and the Mother, Nicole L. Shellehamer, with her counsel, Joseph Caraciolo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ` Dawn S. Sunday, Esquire Custody Conciliator DOUGLAS L. SHELLEHAMER, Plaintiff, v NICOLE L. SHELLEHAMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1820 CIVIL TERM CIVIL ACTION-LAW EMERGENCY PETITION TO SUSPEND CUSTODY AND NOW, comes the Defendant, Nicole L. Shellehamer, by and through her attorneys, Joseph D. Caraciolo, Esquire and Foreman & Foreman, P.C., and respectfully petitions this court for modification of a partial custody or visitation order, making the following averments in support thereof: 1. Defendant, Petitioner is Mother, an adult individual who currently resides at 47764 Calle Zafiro, Indio, California. 2. Plaintiff, Respondent is Father, an adult individual who currently resides at 1106 Primrose Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011 3. The parties are the natural parents of Tiffany Shellehamer, (D.O.B 11/3/1995) and Dustin Shellehamer (D.O.B. 9/26/1999). 4. On May 13, 2005, the Honorable Judge Guido of the Court of Common Pleas of Cumberland County entered an Order of Court granting the parties shared legal custody, and Mother primary physical custody, subject to Father's periods of partial physical custody. 5. On July 25, 2006, the parties entered into a stipulated agreement whereby Mother's periods of custody were modified to include an additional week of custody in Pennsylvania. 6. Beginning after the summer of 2006 the minor children began complaining to Mother of inappropriate touching by Father. 7. Mother spoke to the children about the inappropriate touching and was informed that the children were instructed by Father to not tell anyone of the incidents. 8. Mother immediately contacted the authorities and an investigation by both the California Children Protective Services and Pennsylvania Children and Youth Services was initiated. 9. On October 27, 2006, Cumberland County Children and Youth informed the parties that a safety plan was in effect and that Tiffany should have no contact at all with Father and Dustin should only have supervised phone contact. (See Attached Exhibit "A"). 10. On December 20, 2006, a Child Protective Service report was filed indicating that the child's genitals and buttocks were fondled, penetrated, and kissed by Father. (see Attached Exhibit "B"). 11. The above captioned report indicated that abuse had occurred and was supported by consistent, credible description by the child of the sexual acts that occurred. 12. On December 20, 2006, Virginia Koser of CYS informed Mother that the children should continue to have no contact with Father as the safety plan was still in effect. (see Attached Exhibit "C") 13. As part of the investigation of CYS, the Lower Allen Police Department were notified of the incident and began a separate investigation. 14. The child, Tiffany Shellehamer, participated in an interview on December 04, 2006 with the Riverside County, California Children Protective Services, where she described being sexually assaulted by Father. 15. In the above captioned interview, the child described the physical contact of both her genitals and anus by Father's fingers, mouth, and penis. 16. Since returning to California, Tiffany has been complaining of bowel discomfort and was taken to the Valley Children's Center to see a pediatrician, Dr. Go. 17. Dr. Go opined that Tiffany has been sodomized and her colon is stretched to the point that causes excruciating pain and loss of control. 18. It is alleged, and therefore averred that Father sodomized Tiffany during her time in Pennsylvania. 19. Father is now being charged with two counts of Aggravated Indecent Assault of a child, two counts of Indecent Assault of a child, two counts of Rape of a Child, two counts of Statutory Sexual Assault of a child, two counts of Involuntary Deviant Sexual Intercourse with a child, and two counts of Incest, docketed to No. CR-0000197-07, all Felonies of the first or second decree (see Attached Exhibit "D"). 20. Father is scheduled for a Preliminary Hearing before Magisterial District Judge Charles Clement, Jr. on June 26, 2007. 21. It is anticipated that, due to the overwhelming evidence against Father, the charges will be bound over to the Court of Common Pleas where Father will stand trial for his revolting conduct. 22. Mother is concerned for the safety and welfare of the children if they return to Pennsylvania for Father's scheduled period of partial physical custody. 23. Mother's concern is supported by the actions of the Lower Allen Police Department and Cumberland County CYS in requesting that Father have no unsupervised contact with the children. 24. In order to protect the children from additional abuse by Father, Mother is requesting that Father's periods of partial physical custody be suspended. 25. On June 5, 2007, Plaintiff's Counsel of record, Jane M. Alexander was contacted regarding this emergency petition, but was unavailable. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the existing order for partial custody and suspend Father's periods of custody until such time as the criminal action is concluded, or pending further order of the Court of Common Pleas criminal division. Date:OLC U S Respectfully submitted FOREMAN & P. r12 ph DCardcWo, E fe rey or Defendant Market Street, 6t' Floor Harrisburg, PA 17101 Telephone- (717) 236-9391 Attorney ID Number: 90919 DOUGLAS L. SHELLEHAMER, Plaintiff, v . NICOLE L. SHELLEHAMER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1820 CIVIL TERM CIVIL ACTION-LAW VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon counsel. in making this Verification. 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: r-d 20. ma? w-? DQ L?WnQ Nicol Shellehamer DOUGLAS L. SHELLEHAMER, Plaintiff, v NICOLE L. SHELLEHAMER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1820 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Plaintiffs Petition for Emergency Relief upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: Jane M. Alexander, Esquire (Attorney for Plaintiff) 148 South Baltimore Street P.O. Box 421 Dillsburg, PA 17019 Respectfully submitted FO Date: QC(/0,_/&7 Je ph D. Caraciolo, EsgYlr( torney for Defendant 12 Market Street, 6th Floor Harrisburg, PA 17101 Telephone- (717) 236-9391 Attorney ID Number: 90919 f EXHIBIT "A" ,10/27/2006 16:03 7172406433 CC CHILD/YOUTH PAGE 02/02 Cumberland County Children & Youth Services 'p G G Agency Admini8 rotor Cory 1. Shuey, Msw, Lsw County Cor=66onern Bwcn enrduy Gwy Ekhelberger FZpd d Rmm.qno Suite 200 Human Services Building 16 West Highs Street Carlisle, PA 17013-2961 (717) 240-6120 (717) 697-0371, Ext. 6120 (717) 532-7286, Ext. 6120 Attorney Joseph Caraciolo Dear Mir. Caraciolo: October 27, 2006 I am writing this letter per your request. This Agency is currently involved with Nicole Shellchamer, Tiffany Sheilehamer, and Dustin Shellehamer. The children's father is Douglas Shellehamer. This Agency has requested the following safety plaza. to be in effect until further notice from this Agency: Tiffany should have no contact at all with her father, and Dustin should only have supervised phone contact with his father. Ms. Shellehamer or her mother should supervise the phone contact between Dustin and his lather and should end the phone call if anything inappropriate is said. If you need any other further information, please feel fine to contact me at 717-240-5311. Thank you. Sincerely, 'V'irginia Koser Intake Caseworker EXHIBIT "B" --.CHILD PROTECTIVE SERVICE INVESTIGATION REPORT Check this block if a report i?tf student abuse (Title 23 Pa C.S.A. Chapter 63) ?X Check this block for child abuse INSTRUCTIONS: Send one copy of this completed form to ChildLine & Abuse Registry, Hillerest, 2nd Floor, P.O. Box 2675, Harrisburg, PA 17105-2675 within 30 days of the receipt of an oral report of suspected abuse Please type or print Use one form per incident. i 1. 1DEN 1111Y1Nli LN111OKiv1 11UIN DATE OF INCIDENT A DATE OF ORAL REPORT REGISTER NUMER . August or September of 2006 1 0 - 2 3 - 0 6 21-06914 B. NAME OF CHILD/STUDENT (Last, First, Middle Initial) BIRTHDATE SEX Tiffany A. Shellehamer 1 1 - 0 3 - 9 5 (M) X (F) , ADDRESS (Include Street. Citv. Sate. Zio Code) COUNTY SOCIAL SECURITY NO. Unknown C BIOLOGICAL/ADOPTIVE MOTHER (Last, First, Middle Initial) SOCIAL SECURITY NO. BIRTHDATE Nicole L Shellehamer 3 15 72 . , ADDRESS COUNTY Unknown D. BIOLOGICAL/ADOPTNE FATHER (Last, First, Middle Initial) SOCIAL SECURITY NO. BIRTHDATE Shellehamer, Douglas L. 1 1 15 70 r n nr)RFSS (Include Street, City, State, Zip Code) COUNTY Cumberland E. AGENCY OR LEGAL GUARDIAN RESPONSIBLE FOR CHILD (Other than Public C & Y Agency) RELATIONSHIP TO CHILD SOCIAL SECURITY N0. ADDRESS (Include Street, City, Zip Code) COUNTY BIRTHDATE F PERPETRATOR/SCHOOL EMPLOYEE (Last, First, Middle Initial) SEX RELATIONSHIP TO CHILD SOCIAL SECURITY NO. Shellehamer, Douglas L. X (M) (F) Father ADDRESS (Include Street, City, State, Zip Code) COUNTY BIRTHDATE Cumberland 11 15 70 G. FAMILY HOUSEHOLD COMPOSITION (DO NOT COMPLETE FOR STUDENT ABUSE NAME (Last, First, Initial RELATIONSHIP TO VICTIM NAME Last, First, Initial RELATIONSHIP TO VICTIM Shellehamer, Dustin Brother Hindes, Judy Maternal grandmother I H. INDICATE THE INITIAL REFERRAL SUUKCt, (ChecK vne tslnctc vnrvi 100 F) Ty . U II . NATURE O?•;>EJSEIN)?E?T ' •. >.? A. TYPE OF ABUSE/NEGLECT 1. Physical Injuries 0) Bums/Scalding 06 Welts/Ecchymosis 11 Asphyxiation/Suffocation 16 Drowning 02 Fractures 07 Lacerations/Abrasions 12 Internal Injuries/Hemorrhage 17 Other 03 Skull Fractures 08 Punctures/Bites 13 Dismemberment -.,-? 04 Subdural Hematoma 09 Brain Damage 14 Sprains/Dislocations ' 05 Bruises 10 Poisoning 15 Drugs/Alcohol 1 g 2. Mental Injuries (DO NOT COMPLETE FOR STUDENT ABUSE) )o k, 3. Sexual Abuse or Exploitation 19 Rape 21 incest x Sexual Assault 25 20 Statutory Rape 22 Deviate Sexual Intercourse 24 Promoting Prostitution .. Ll INA i 4. Physical Neglect (DO NOT COMPLETE FOR STUDENT ABUSE) 76 Malnutrition 28 Lack of Supervision 29 Medical Neglect (resulting in 30 Other 27 Failure to Thrive (resulting in a physical a physical condition) condition) Imminent Risk (DO NOT COMPLETE FOR STUDENT ABUSE) 31 Physical Injury 32 Sexual Abuse or Exploitation B DESCRIBE THE IN JURIES/CONDITIONS CHECKED ABOVE The perpetrator, who is the child's father, fondled and penetrated the child's genitals (Molestation, Aggravated Indecent Assault, Indecent Assault) with his hand The perpetrator also kissed the child's genitals and buttocks (Molestation, Indecent Assault). 00046A Commonwealth of Pennsylvania Department of Public Welfare CY 48 - 6ry5 Ill. (-rl JlJKV1l rJ (!JU 1vUI uUMYLt it PUK 51 UL)LN 1 ABUSE) I A. WAS CHILD ALLEGEDLY ABUSED WHILE IN A "CHILD CARE SERVICE-" (as defined by CPSL). 11 YES NU B. WAS CHILD REMOVED FROM THE ALLEGED ABUSIVE SETTING'? (includes move by self, agencv, others) L11YES ? NO C. WERE LAW ENFORCEMENT OFFICIALS NOTIFIED OF THIS REPORT? (CY 104 sent) (DYES ? NC,? z D. SERVICES PLANNED OR PROVIDED: (Please check the appropriate blocks. (Abbreviations' PL = Planned, PR = Provided, and PERP = Perpetrator). CHILD PARENT PER-P. CHILD PARENT PERP. PL/PR PL/PR PL/PR PL/PR PL/PR PL,/PR O1 02 03 04 05 06 Counseling 25 26 27 28 Homemaker/Caretaker Services XX i 07 OS 09 1.0 11 12 Referral to Self-Help Group 29 30 3l 32 Instruction and Education for Parenthood I l3 14 15 16 17 18 Referral to Intra-Agency Services 33 Emergency Medical Care 19 20 21 22 23 24 Referral to Community 34 35 36 37 38 39 Other Services PL/PR 40 41 Multidisciplinary Team Case Review No Services Planned or Provided IV. CASE STATUS A. PENDING JUVENILE COURT ACTION B. ? PENDING CRIMINAL COURT ACTION C. ? FOUNDED (Court Finding - specify below) (Updated CY 48 required when Court (Updated CY 48 required when Court action completed` action completed) D. 7X INDICATED 1. ? Medical Evidence 2. ?X CPS Investigation 3. ? Perpetrator If h k d E. ? UNFOUNDED ( c ec e , answer 1, 2, or 3) Admission PLEASE EXPLAIN IN DETAIL THE BASIS FOR THE CASE STATUS YOU CHECKED AND SPECIFY CRIMINAL ACTION. The indicated status is supported by the consistent, credible description by the child of the sexual acts that occurred. The child disclosed that the perpetrator fondled and digitally penetrated her vaginal area. She also disclosed that the perpetrator kissed her genitals and buttocks. The perpetrator had ample access to the child during custodial visits. A criminal investigation has begun but has yet to be completed. I WAS THERE A RELIGIOUS BASIS FOR CHILD'S CONDITION? (Applicable only if E is checked) F--] YES r--] NO DID THE CHILD DIE AS A RESULT OF THIS INCIDENT OF ABUSE/NEGLECT? (Applicable only if C or D is checked) F7YES aX NO V. FACTORS CONTRIBUTING TO ABUSE (COMPLETE FOR FOUNDED OR INDICATED REPORTS ONLY) Please check as many as three factors and rank them in order of relevance ("I" being most relevant). Evidence must exist to confirm the selection of the factor(s) which Appear to contribute to abuse. SUBSTANCE ABUSE (INCLUDES DRUGS, CHEMICALS, ALCOHOL, ETC.) n STRESS (DUE TO FINANCIAL PROBLEMS, UNEMPLOYMENT, DIVORCE, ETC.) MARGINAL PARENTAL SKILLS OR KNOWLEDGE (INCLUDES UNREALISTIC EXPECTATIONS, LIMITED KNOWLEDGE OF CHILDHOOD DEVELOPMENT, ETC.) V1-[[.NERA9!1.!T`' OF CH!!.D (DI!E TO CHILD'S .GF., ?H? S[r n.L !.!??iTAT!ON, DEVELOPMENT^.L DELAYS, ETC.) SEXUAL DEVIANCY OF PERPETRATOR (BASED ON A DIAGNOSIS OR CRIMINAL CONVICTION) ABUSE BETWEEN PARENT FIGURES (HISTORY OF FIGHTING BETWEEN PARENTS OR PARENT SUBSTITUTES) INSUFFICIENT FAMILY/SOCIAL SUPPORT (SUCH AS FAMILY AND FRIENDS UNAVAILABLE TO HELP WITH FAMILY OR PERSONAL NEEDS) IMPAIRED JUDGEMENT OF PERPETRATOR (CAUSED BY PHYSICAL, MENTAL OR EMOTIONAL LIMITATIONS) PERPETRATOR ABUSED AS A CHILD COUNTY WHERE ABUSE OCCURRED INVESTIGATING COUNTY i' CHILDLIKE USE ONLY Cumberland Cumberland CODE C I LINE WORKEIL. COUNTY AGENCY WORKER A yi r' tx Virginia Koser B. COUNTY AGENCY SUPERVISOR C Edward Rouse D. J Y DATE FORM COMPLETED E. 1 2 - 2 0 - 0 6 F. FAUE 2 -- 00046b C Y 48 - 05/95 EXHIBIT "C" 12/28/2006 08:37 FAX Cumberiend County Children & Youth Services Z002 December 20, 2006 ?"xarezur:,a?r: c?"CR?ei?ed, Agency Administrator Gary I. Shuey, M$W, LSW county Oommiasioner$ Bruce Barclay Cary Scf,nlbergor Richard Ravegnq Nicole Shellehamer 3776,1 Calle Zafiro Indio, CA 92201 - ---D=-bfs.-Shcil-chamcr, --- -- RE: CPS#' Tiffany Shellehamer 21-06914 I am v?n-itinp this letter to advise you that the Child Protective Services (child abuse) investigation conccming your daughter, Tiffany Shellehamer, in which Mr. Douglas Shellehamer was named as the alleged perpetrator, is indicated and your case has been closed with Cumberland County Children and Youth Services. In the near future, you will be receiving a letter from the Department of Public Welfare which describes this finding in more detail- While your case has been closed with the Agency, this does not mean that the criminal investigation being conducted by Detective Troy McNair of Lower Allen Township Police Department has been concluded. If you have questions about the criminal case please contact Detective McNair directly at (717)975-7575 or the Cumberland County District Attorney's Office at (7171)240-6210, As we discussed, you need to ensure that Tiffany and Dustin do not have any unsupervised contact with Mr. Dou'g,Ias Shellehamer and that either you or your mother should supervise the contact in the future. I would strongly encourage you to continue counseling for both children. If the Agency receives additional referrals on your family, the Agency is required to investigate them. If you have any questions or require assistance in the future, please feel free to contact the Agency- Thank you for your time and cooperation with this matter. Suite 200 Human Services Building 16 West High Street Carlisle, PA 170132961 (717) 240-6120 (717) 697-0371, Ext. 6120 (717) 532-7286, Ext. 6120 Sincerely, Virginia Loser Caseworker EXHIBIT "D" 06/05/2007 07:58 7177746684 CLEMENT PAGE 02/08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland Magisterial District Number. 09-1-01 MDJ: Hon, Charles A. Clement Jr, Address: Old Town Commons, 400 Bridge St, Ste 3 New Cumberland, PA 17070 Telephone: (7171774-5989 DEFENDANT: (NAME and ADDRESS): 1W 1-Felony Full E] 4-Felony No Ext. Q 2-Felony Ltd. [I 5-Felony Pend. 17 3-Felony Surrounding States 771 A-Misdemeanor Full Oistartce: miles POLICE CRIMINAL COMPLAINT' COMMONWEALTH OF PENNSYLVANIA VS. Douglas Lynn Shellehamer 1106 Primrose AV Camp Will, PA 17011 { ? B-Misdemeanor Limited ? E-Misdemeanor Pending ? C-Misdemeanor Surrounding States ? 0-Misdemeanor No Extradition ? Hispanic CR-0000197-07 4-25-07 K 414374-2 LAT2006-11.01728 White ? Non DOS 11/15/1970 Poe ? Asian Hlapanlc Addl. DOID SSN 197-60-8447 Addl SSN ? Unknown ? Black GENDER ANA Native © Amerlean ® Mate HAIR COLOR ? GRY (Gray) ? RED (RedlAubn.) EYE COLOR ? Unknown E] Female ? BLK (Blanc) ?ONG (Orange) © OLN (Blonde/ / [j GRN (Green) ? PNK (Pink) ? BLU (Blue) ? PLE (purple) BLK (Black) ? GRY (Gray) ? MUL 'SID: ? ORO (Brown) ? PNK (Pink) ? WHI (white) (Multicolored} BLU (Blue) ? HZL (Hazel) Yes ? No ? GRN (Green) © SOY (Sandy) ® XXX (Unk.Sald) SRO (Srown)? MAR (Mamon)IN UNK (Unknown State PA License Number 22832270 „„ ? YesM No DNA Location plate # } State 1 Hazmat ? I Kegauraaon wmm r ? wwaui © %rm......? I l 1 Sticker (MMIYY) V_eh_,_x1nd,__ Veh. Veh, COde !VIN Year TMake Model Style Color --, Office of the attorney for the Commonwealth X Approved ? Disapproved because: (The Attorney Tor the Commonwealth may require tlmt the compkrtnt artaat wQrt+ltSt tUtikiavlL of barn tie approved by it)e allomey ror the COrtlmOfttafth prior to flAing. Sea 150,01m,15, $07), A.D.A. Peck eLP - Q14 -l1o 04-iq-0-+ (Name of Attorney for Cemmormeelth-Please Print or Typo) (919"Ore of AWTh" for Cotnmtmweettf+i (Onto) 1, Police Officer Troy McNair 1823 (Norm of Aftko-101n n Print or Typo) PSPlMPOETC Asaignad AfAnrn 1? tv4rrtber & ?ad0e r? of Lower Allen Two PA02106 (Identify Department orApeney Reprosentad and Political _ (Polo Agency or ORI Number) do hereby state: (check appropriate box) 3 1 accuse the above named defendant who lives at the address set forth above ? I accuse the defendant whose name is unknown to me but who is described as ? I accuse the defendant whose name and popular designation or nickname is unknown tome and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at y (Pfecvk-polltlcal3ubdivlebn) 1106 Primrose AV-, Camp Hill PA 17011 in Lower Allen Township. Cumberland County on or about 12120/2005 AQPC 412A-06 Page. 1 06/05/2007 07:58 7177746684 CLEMENT PAGE 03/08 POLICE CRIMINAL COMPLAINT Docket Number: Date filed: OTN/LlveScan Number Compleint/Incident Number CR--197-07 4-25-07 K 414374-2 LAT2006-11-01728 Douglas Lynn Shellehamer The acts committed by the accused are described below with each Act of the Assembly or statute violated, if appropriate: (set forth a brief summary of the facts sufficient to advise the defendant of the nature of the offense(s) charged. A citation to the statute(s) violated, without more. Is not sufficient. In a summary case, you must tits the speciflc sect}on(s) and subsection(s) of the statute(s) or ordinance(s) ollagadly violated.) .Attempt ? 99110 te"ad ? Conspiracy Al A2 B Knowled e) ? ? ? © Permitting (Title 75 t?nly) 18 901 A 18 902 A g ( LA;ding) 18903 {En9n9 75 1575 A ® 1 3125 b 18 977 I"-1 11C Lead? M/W?+ Section Subsection Title Counts Grade NCIC Offense Code UCR/NISRS Code ? Safety Zone ? Work Zone Acts of the aomsed associated with this offense: Douglas Shellehamer did penetrate eleven year old Tiffany Shellehamees anus with his penis. AGGRAVATED INDECENT ASSAULT OF A CHILD.-A PERSON COMMITS AGGRAVATED INDECENT ASSAULT OF A ( CHILD WHEN THE PERSON VIOLATES SUBSECTION (A)(1), (2),(3),(4), (5) OR (6) AND THE COMPLAINANT IS LESS THAN 13 YEARS OF AGE. - mpt tbo n ? solhAtotiO nspiracy Co F ? El (K led e} o 11 A1 A76 Only) C:] Perndtd g $ ga ,q 18 902 A w g n Aiding ?n 18 903 5 575 ? 2 312fi a7 IM 18 F-3 11 D Lead? .•?• ?? Section Subsection Title Counts Grade NCIC Offense Code UCR(NISRS Code N ? Safety Zone ? Work Zone ,..,.___.__..._..._.__ i AttS of Che aGaused associated with this Offense: ...`.?.µ"..?._..,.,._,...,,..,.,?_.r _..___.__._...?....__._._._.__...______.._..??,..._.?___._...-._-.._.,.. Douglas Shtellehamer did penetrate eleven year old Tiffany Shellehamees antis with his penis. (the complainant is less than 13 years of age; or _ _.-. _ _._:.___..._.___.._.__._.__..._._.._?.__.__.._._._.___.....___..._.__..._...,.,,,....._..,.,.. ,,.,,....., ,.,,.., T ? Atterript ? ? Sollci ition Conspiracy Al ? A2 El e {K e} owled ? Permitting (TI06 75 Only) 18 901 A 18 902 A g n 18 903 Engaging) (Aiding) 761575 A ? 3 3121 c 18 ; F-1 11A Lead? ,..,,..„r.. Section Subssatlon Title Counts Grade NCIC Offense Code UCR/NI9RS Code (] Safety Zone ? Work Zone . S.hll„lu' Acts of the accused amo fated with this Offense: Douglas Shellehamer did penetrate eleven year old Tiffany Shellehamers; anus with his penis. RAPE OF A CHILD.--A PERSON COMMITS A FELONY OF THE FIRST DEGREE WHEN THE PERSON ENGAGES IN {SEXUAL INTERCOURSE WITH A COMPLAINANT WHO IS LESS THAN 13 YEARS OF AGE, (c) RAPE OF A CHILD.--A PERSON COMMITS THE OFFENSE OF RAPE OF A CHILD, A FELONY OF THE FIRST DEGREE, WHEN THE PERSON ENGAGES IN SEXUAL INTERCOURSE WITH A COMPLAINANT WHO IS LESS THAN 13 YEARS OF Attempt Solicitation Conspiracy { Al A2 JIM [] 18 901 A ? 18 902 A 18 903 (F?gagirtg} El (Aidir 8 ? Perm0rig (rifle 75 Only) ? (Knowiealoe) 75 1575A AOPC 412A-06 2006.111.3-1 Page 2 of 06/05/2007 07:58 7177746684 CLEMENT PAGE 04/08 &Ah can POLICE CRIMINAL COMPLAINT Imw4warw Docket Number: Date Filed: OTN(LiveScan Number Complaint[incident Number CR-197--07 4-25-07 K 414374-2 LAT2006-11-01728 Douglas Lynn Shellehamer 1 4 3122.1 1 M 18 F-2 36B ? -T 1 Lead? Section Subsecdon Title Counts Grads NCIC Offense Code UCR/NIBRS Code - I © Safety Zone ? Work Zone REMIN99 - Acts of the accused associated with this OfFense: Douglas Shellehamer did penetrate eleven year Tiffany Shellehamers anus with his penis. _ ? -- ^ ..... _..__. - - ` ? Attempt A2 ? B d ) A1 ? K wl S0110ltetlon Conspiracy ? ? Permitting (TIUa 75 Only) 18 901 A ge no e 18 902 A 18 903 (?ngagfng Aldfng) ( 73 1575 A I ? 5 3123 b 18 F-1 170 Lead? Sectlon Subsedon Tide Counts Grade NCIC Offense Code UCRlNISRS Cade © Safety Zone ? Work Zone Acts of the accused asw0ated with this Offense: --- Douglas Shellehamer did penetrate eleven year old Tlftany Shellehamer's anus with his penis. INVOLUNTARY DEVIATE SEXUAL INTERCOURSE WITH A CHILD.--A PERSON COMMITS A FELONY OF THE FIRST DEGREE WHEN THE PERSON ENGAGES IN DEVIATE SEXUAL INTERCOURSE WITH A COMPLAINANT WHO IS LESS THAN 13 YEARS OF AGE. !(b) INVOLUNTARY DEVIATE SEXUAL INTERCOURSE WITH A CHILD.--A PERSON COMMITS INVOLUNTARY DEVIATE ,SEXUAL INTERCOURSE WITH A CHILD, A FELONY OF THE FIRST DEGREE, WHEN THE PERSON ENGAGES IN DEVIATE SEXUAL INTERCOURSE WITH A COMPLAINANT WHO IS LESS THAN 13 YEARS OF AGE. ? Attempt ? Solicitation Conspiracy ? Al ? AZ ? B wl d ) K ? Permitting (Tide 75 Only) qg 907 q 18 902 A ge no e 18 903 (ghgaging) (Aiding ( 75 1575 A ? 6 1 4302 ` 18 F-2 36A . te80 ...,p.... section Subsection Title Counts Grade NCIC Offense Code UCR/NMRS Cale ? Safety Zone ? Work zone _.__......._ .._........... _._._._._._....._........ _ ... _..... ___,. ..._......,__,..._._..._...._.....__. _ ........ ........:.._._...... ............ ._ NOW Aces of the accused associated with Douglas Shellehamer did penetrat his eleven year old daughter's (Tiffeny Shellehamer) anus with his penis. AOPC 412A-06 200611-1 ?-a Page 3 of 9 06/05/2007 07:58 7177746684 CLEMENT PAGE 05/08 A-kh q POLICE CRIMINAL COMPLAINT Docket Number: CR-197-07 Date Filed: 4-2507 oTN/LiveScan Number Complaint/Incident Number K 414374-2 LAT2006-11-01728 [moos = Douglas Lynn Shellehamer 2. 1 ask that a warrant of arrestor a summons be Issued and that the defendant be required to answer the charges I have made. 3. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or Information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S.§4904) relating to unswom falsification to authorities. 4. This complaint is comprised of the preceding Page, as well as the attached pages that follow, numbered 1 through 7 , specifying offenses and Participants, if any. The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited. (Before a warrant of arrest can be issued, the affidavit of probable cause must be completed, sworn to before the Issuing authority, and attached.) OY-A5-v?- _ (Date) (sfanelure or Amertl) AND NOW, on this date, 4-25-07 1 certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed In order for a warrent t94ssufe, 09-1-01 Hon. Cha es Iement Jr. No gwArlel DWA (MoMbhrp Authority) 113 A-IL AOPC 412A-06 ZU061113-:I Page 4 of 9 0610512007 07:58 7177746684 CLEMENT PAGE 06108 POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: OTN/1.1liveScan Number Complaint/Incident Number CR-197-07 4-25-07 K 414374-2 LAT2006-11-01726 Douglas Lynn Shellehamer AFFIDAVIT of PROBABLE CAUSE On Thursday, 11-30-06, at approximately 1045 Hrs. I received a telephone call from Oft. Ambrose, of West Shore Regional Police Department, who reported that he had been investigating the report of the sexual abuse of a child. Ofc. Ambrose advised he received the Initial complaint of abuse on 10-23-06 after officials in California reported the possible abuse to Cumberland County Children and Youth, Ofe. Ambrose advised that the victim was to be eleven year old Tiffany Shellehamer who currently resides with her mother, Nicole Shellehamer, and grandmother, Judy Hindes, in Indo, CA. Oft, Ambrose reported that the suspect was to be Tiffany's father, Douglas Shellehamer. The sexual assault was to have occurred over the summer of 2006 when Douglas had custody of Tlffany. The assault was to have occurred at Douglas' residence. Ofe. Ambrose was now referring the investigation to me because Douglas' residence was found to be at 1106 Primrose Ave., Camp Hill, PA (Lower Allen Township). I proceeded to the West Shore Regional Police Department where I met with Ofc. Ambrose and Virginia Koser, of Cumberland County Children and Youth. Koser provided me with a copy of a written statement from Tiffany Sheliehamer's grandmother, Judy Hines. Hines' statement advises that Douglas Shellehamer visits pornography sites on the computer daily while in the presence of Tiffany and her younger brother, uses the bathroom communally, and that Tiffany told her that "Daddy touches me." Hindes statement Indicates that Tiffany stated Douglas usually touches her after she bathes and when she Is naked. Koser also gave me a report from Melanie Morris and Larissa Callahan, employees of Riverside County (CA) Social Services, which document disclosures that Tiffany had made to them. The report states that Moms interviewed Tiffany on 10-19-06 while Tiffany was at school. The report states that during the interview Tiffany was asked if anyone made her feel uncomfortable and she stated, "My father made me feel that way." Tiffany then asked Morris to draw a picture of a person. After the picture was drawn Tiffany pointed to the vaginal area and stated, "He rubbed his hand over my privates." Tiffany stated she told Douglas, "Stop" but he did not. Tiffany stated this occurred when she was lying on the bed watching television. Tiffany stated that Douglas touched her under her clothes, She stated It occurred at night time. The report states that Larissa Callahan interviewed Tiffany on 11-29-06 while Tiffany was once again In school. When Callahan asked Tiffany if anyone had ever touched her in a way that made her feel uncomfortable, she nodded her head and said, "My daddy." Callahan reports that Tiffany then pointed toward the vaginal area of a drawing of a girl's body and described that Douglas touched her "on the front, and on the back. and that's why I'm not living with him anymore." On this same date (11-30-06) Ofc. Ambrose, Koser, and I interviewed Douglas Shellehamer. During the interview I explained to Douglas Shellehamer that his daughter, Tiffany, had made allegations that he had sexually assaulted her. Douglas denied having any sexual contact with Tiffany. Douglas did admit that he gets custody of Tiffany for the summer, at Christmas, spring break, an additional week in Pennsylvania, and a week when he can go to California. Douglas stated he usually does not utilize the week he has in California. When asked about the past summer's visitation, Douglas stated he and the children lived at the Primrose Avenue address. He stated that the summer visitation was from July 21 st or 22nd (2006) until September 2nd (2006). Douglas stated that during this time he and the children resided with his mother, Norma Shellehamer, and father, Harvey Shellehamer, who own the residence. i asked Douglas if he had any contact with Tiffany's vagina or private areas. bouglas stated that he did not have any contact with Tiffany's vagina or anus. Douglas stated that the only physical contact he had with Tiffany was that "time to time" she would ask him to wash her hair while she was bathing. Douglas denied ever having any sexual.contact with Tiffany. Douglas stated that Tiffany did not have any contact with him while he was unclothed. When questioned, AOPC 412A-06 -)nn&I 71.1 0 age r_ f 0 9 06/05/2007 07:58 7177746684 CLEMENT PAGE 07/08 kAh POLICE CRIMINAL COMPLAINT Docket Number-, CR-147-07 Date Filed: 4-25-07 N/LiveScan Number OT K 414374-2 Complaint/Incident Number LAT2006-11-01728 Douglas Lynn Shellehamer Douglas stated that he has never had any oral contact with Tiffany's vagina or anus. Douglas was adamant that he did not have any sexual contact with Tiffany. On Thursday, 01-25-07, 1 received a DVD from Denise Bowman of Riverside County (CA) Children Protective Services. The DVD was a recording of an Interview she had conducted on Tiffany Shellehamer on 12-04-07. 1 watched this recorded interview. During the interview Tiffany Is asked why she is being interviewed. Tiffany replies that she is there for the Interview because her dad has been touching her. She goes on to identify her father as being Doug Shellehamer. Eventually Bowman asks Tiffany what part of her body her father touches. Tiffany uses a crayon to circle the breast, vaginal, mouth, and anus areas of a diagram of a girls body. When asked, Tiffany states that her father touched heron two different occasions. Tiffany staffed that the first time her father touched her was around Christmas of 2005. She states the second time occurred over the summer. She stated that both of these incidents occurred at her father's residence in Camp Hill. Tiffany went on to say that her father assists in bathing her and during this time he uses soap and a wash cloth to wash her. Tiffany stated that her father washes her "private parts" hard and that it hurts. Tiffany stated that her father's hand Is always covered with a wash cloth when he bathes her. Tiffany goes on to describe the two incidents where her father touched her in a sexual manner. She advised that both incidents occurred in her father's bed while she and her father were watching a movie. She stated both occasions she fell a sleep during the movie and when she awoke she was naked. She stated her father was just wearing his underwear. She stated she asked her father, "Daddy what are you doing?" She reported that he replied, "Go back to sleep." Tiffany goes on to describe that she then felt her father's penis, or as she described it "pee parts", rubbing her vagina, or as she describes it,''pHvate parts". When asked, Tiffany stated that Doug's penis did not penetrate her vagina. When asked how she and her father were lying in bed, Tiffany stated that they were lying facing each other and said "like your hugging". Tiffany stated that afterward her "private parts" did hurt but she reported that her father's "pee part" was not inside her vagina, she stated it was just "on top". Bowman asked Tiffany If her father told her not to tell anyone. Tiffany reported that her father said, "You can't tell mommy or Judy or it will happen again and again." Tiffany stated that during both incidents her father kissed her on the mouth. She described that during the kiss her father stuck his tongue In her mouth. She stated that they kissed "like parents do". Tiffany went on to report that during both occasions Doug's "pee part" also touched her anus, or as she described it, her "bottom". Bowman asked Tiffany if her father's "pee part" touched the outside of her bottom or the inside "where there's poop". Tiffany reported that her father penetrated her anus with his penis. When asked if it hurt, Tiffany stated, "It hurts when he takes it out." Tiffany also stated that her father also moved his penis when it was inside her anus. When asked how he moved it, Tiffany used a crayon to draw a circular or spiral line. When asked where this occurred, Tiffany again stated it occurred in her father's bed. When asked to describe how they were lying, Tiffany stated she was lying on her side and her father was lying on his side behind her. Tiffany was then given anatomically correct dolls and asked to used the dolls to show Bowman how her father touched her. Tiffany then removed the clothing from both dolls. She then placed the dolls facing each other and used the male doll's penis to rub the vaginal area of the female doll. She then turned the dolls over and placed the male doll's penis against the female doll's anus. Tiffany even asked Bowman if she had to put the male doll's penis inside the female doll's anus. Bowman stated that she did not have to do this. Tiffany then took time to pull out the tongues of the dolls and placed the two dolls together as if they were kissing. The interview was then eventually concluded. On Saturday, 02-17-07, at approximately 1230 Hrs. Douglas Shellehamer was once again interviewed about this investigation. Shellehamer continually denied having any sexual contact with Shellehamer. Based on the above information I request that the previously listed charges be filed against Douglas Shellohamer and that a warrant be issued for his arrest. AOPC 412A-06 2r)oE;.t?'t.3-i, Page . 6 of 9 V__ 06/05/2007 07:58 7177746684 CLEMENT PAGE 08/08 &Ali POLICE CRIMINAL COMPLAINT Docket Number: CR-197-07 Date Filed: 4-2507 6ir ]LiveSCan Number K 414374-2 Complaint/Incident Number LAT2006-11-01728 Douglas Lynn Shelleharner __ _ _, BEING DULY SWORN ACCORDING TO THE LAW, I, 1201ige Officer Troy McNair - DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. innawm of MOM) Sworn to me and subscribed before me this 26th of A ray '2007 4-26-07 pa{a a isterial District Judge My commission expires first Monday of January, 2008 AOPC 412A-05 2(x)611.t3 --.1 Page 7 of 9 aN r ?' DOUGLAS L. SHELLEHAMER, Plaintiff, v NICOLE L. SHELLEHAMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1820 CIVIL TERM CIVIL ACTION-LAW PETITION FOR SPECIAL RELIEF AND NOW, comes the Defendant, Nicole L. Shellehamer, by and through her attorneys, Joseph D. Caraciolo, Esquire and Foreman & Foreman, P.C., and respectfully petitions this court for modification of a partial custody or visitation order, making the following averments in support thereof: 1. Defendant, Petitioner is Mother, an adult individual who currently resides at 47764 Calle Zafiro, Indio, California. 2. Plaintiff, Respondent is Father, an adult individual who currently resides at 1106 Primrose Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011 3. The parties are the natural parents of Tiffany Shellehamer, (D.O.B 11/3/1995) and Dustin Shellehamer (D.O.B. 9/26/1999). 4. By Order of the Honorable Judge Guido, the parties share physical and legal custody of the minor children. 5. Mother desires to take the children on vacation outside of the border of the United States of America. 6. The children currently do not have a passport that will allow them to travel outside of the border of the United States of America. 7. Father's signature is necessary in order to obtain a passport for the children. 8. Father has refused to cooperate with Mother in order to obtain a passport for the children. 9. Father's action in refusing to cooperate with Mother does not consider the best interest of the children. 10. By a safety plan of Cumberland County Children and Youth, Father is to have no contact with the children. 11. Father is currently being charged with ten felonies regarding inappropriate sexual contact with the children. 12. It is alleged, and therefore averred, that Father's actions in refusing to allow the children to obtain a passport is a vindictive exercise of control over Mother. 13. On June 5, 2007, Plaintiffs counsel of record, Jane Alexander was contacted regarding this petition, but was unavailable. 14. Contemporaneously with the filing of this Petition for Special Relief, Mother filed an Emergency Petition seeking a suspension of Father's custodial periods for sexually abusing the children. WHEREFORE, Petitioner respectfully requests that this Honorable Court Order Father to comply with Mother's request to obtain a passport for the children. Date: QQ v V-/0 7 Respectfa su fitted /Py FOREI'AN.v?c FORL f, .r r• /??f Jd ph D. Caralo, Esquire r' torney for Defendant '112 Market Street, 6th Floor Harrisburg, PA 17101 Telephone- (717) 236-9391 Attorney ID Number: 90919 t DOUGLAS L. SHELLEHAMER, Plaintiff, v NICOLE L. SHELLEHAMER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1820 CIVIL TERM CIVIL ACTION-LAW ATTORNEY VERIFICATION The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that: 1. He is the attorney for the Defendant, Nicole L. Shellehamer; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. FO Date: 7os ph D?Car ac iolo, Esquire r torney or or Defendant 4 12 Market Street, 6th Floor Harrisburg, PA 17101 Telephone- (717) 236-9391 Attorney ID Number: 90919 DOUGLAS L. SHELLEHAMER, Plaintiff, v : NICOLE L. SHELLEHAMER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1820 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Plaintiffs Petition for Special Relief upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: Jane M. Alexander, Esquire (Attorney for Plaintiff) 148 South Baltimore Street P.O. Box 421 Dillsburg, PA 17019 Date: Q G) G? Respectfully submitted FOREMAN/& FOREMAN, P*C:- " )aseph D. CarAei'61o, EsVire attorney for Defendant 112 Market Street, 6th Floor Harrisburg, PA 17101 Telephone- (717) 236-9391 Attorney ID Number: 90919 G C 73 . . W "'; Z Z A JUN 062001 DOUGLAS L. SHELLEHAMER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v NO. 05-1820 CIVIL TERM NICOLE L. SHELLEHAMER, CIVIL ACTION-LAW Defendant ORDER OF COURT AND NOW, this ( ' day o , 2007, upon consideration of the attached Emergency Petition to Suspend Custody, it is hereby Ordered that the Plaintiffs periods of physical custody of the minor children, Tiffany Shellehamer and Dustin Shelleharner are hereby suspended pending further Order of the Court. W ?? I? ?`° * THE CO T, plo? J. Distribution: Joseph Caraciolo, Esquire (Attorney for Defendant) 112 Market Street, 6th Floor, Harrisburg, PA 17101 /ane M. Alexander, Esquire (Attorney for Plaintiff) 148 South Baltimore Street, P.O. Box 421, Dillsburg, PA 17019 DIP d I ' t Yd 9- N LOO6 itd'J1vSf1C?Hl d0 JUN 0 7 2001,041 DOUGLAS L. SHELLEHAMER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v NO. 05-1820 CIVIL TERM NICOLE L. SHELLEHAMER, CIVIL ACTION-LAW Defendant ORDER OF COURT AND NOW, this //A. day of , 2007, upon consideration of the attached Petition for Special Relief, the Plaintiff is directed to comply with any request of the Defendant for signature or other cooperation in order to obtain passports for the parties' minor children. T, J. Distribution: Joseph D. Caraciolo, Esquire (Attorney for Defendant) 112 Market Street, 6th Floor, Harrisburg, PA 17101 w•?! ?'? '? Jane M. Alexander, Esquire (Attorney for Plaintiff) lt? 148 South Baltimore Street, P.O. Box 421, Dillsburg, PA 17019 La :6 'l, V Z 1 NfIP L 0 0 Z 3'Hi JO Foreman, Foreman & Caraciolo, P.C. Joseph D. Caraciolo, Esquire Attorney ID No. 90919 112 Market Street, 61h Floor Harrisburg, PA 17101 (717) 236-9391 Fax (717) 236-6602 joseph@ffclaw.net Attornev for Defendant DOUGLAS L. SHELLEHAMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. NICOLE L. SHELLEHAMER, n.k.a NICOLE L. HINDES, Defendant No. 05-1820 IN CUSTODY MOTION TO TRANSFER JURISDICTION TO THE STATE OF CALIFORNIA PURSUANT TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT AND NOW comes the Defendant, Nicole Shellehamer, now known as Nicole L. Hindes, by and through her attorneys, Joseph D. Caraciolo, Esquire, and Foreman, Foreman & Caraciolo, P.C., and in support of this motion avers as follows: Defendant is Nicole L. Hindes, an adult individual who resides at 47-764 Calle Zafiro, Indio, County of Riverside, California. 2. Plaintiff is Douglas L. Shellehamer, an adult individual who resides at 1106 Primrose Avenue, Camp Hill, County of Cumberland, Pennsylvania. 3. The parties are the natural parents of Tiffany Shellehamer, (D.O.B. 11/3/1995) and Dustin Shellehamer (D.O.B. 9/26/1999). 4. Plaintiff father has entered a plea of nolo contendere to two counts of Indecent Assault on a Person Less Than Thirteen, a violation of Pa. C.S.A. § 3126(a)(7) 5. As a part of the penalty for such plea, Plaintiff is ordered to have no contact with the minor children for a period of five years. 6. Plaintiff will not be in a position to seek any sort of custody or visitation for approximately five years. 7. Defendant resides in California and intends to reside in California for the foreseeable future. 8. The children have resided with Mother in California for a period of over two years. 9. Defendant does not have the resources available to travel to the Commonwealth solely for the purpose of litigation. 10. The testimony of the children in future litigation, if needed, would most efficiently be taken in California, where the children reside. 11. California. is the home state of the children. 12. Attorney Alexander, attorney of record for Father, has been contacted regarding this issue and concurs with the relief requested. WHEREFORE the Defendant respectfully requests this Honorable Court find Cumberland County to be an inconvenient forum and relinquish jurisdiction of the above-captioned matter to the Superior Court of Riverside County, California. submitted, Date: 3/1 clC1 b FO & 9,YRACIOLO, P.C. Jos D. CaraN-_folo, Esquire A rney ID No. 90919 1/2 Market Street, 6`h Floor arrisburg, PA 17101 (717) 236-9391 Attorney for Defendant Foreman, Foreman & Caraciolo, P.C. Joseph D. Caraciolo, Esquire Attorney ID No. 90919 112 Market Street, 6,h Floor Harrisburg, PA 17101 (717) 236-9391 Fax (717) 236-6602 joseph@ffclaw.net Attornev for Defendant DOUGLAS L. SHELLEHAMER, Plaintiff V. NICOLE L. SHELLEHAMER, n.k.a NICOLE L. HINDES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 05-1820 IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion to Transfer jurisdiction and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by First Class Mail addressed to the following person: Jane Alexander, Esquire 148 Baltimore Street Dillsburg, PA 17019 Resp FOR Date: 03 /Io? la5?I' I Jos II. Equv FarHcburg, y D No. 90919 arket Street, 6t' Floor PA 17101 (717) 236-9391 Attorney for Defendant , P.C. `-? ? ca - ' r ? ?_ -? ;??? ? ? ?r- r"? .? . ?.,,? {,E ? - n „ `? ? _? 2 _ :#;?l .e:? .+?' DOUGLAS L. SHELLEHAMER, Plaintiff V. NICOLE L. SHELLEHAMER, n.k.a NICOLE L. HINDES, Defendant LIAR $ 4 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 05-1820 IN CUSTODY ORDER AND NOW this day of March, 2008, upon consideration of Defendant's Motion to Transfer jurisdiction to the State of California Pursuant to the Uniform Child Custody Jurisdiction Act, it is ORDERED that jurisdiction in the above-captioned matter be relinquished to the Superior Court of Riverside County, California. J Distribution: Joseph D. Caraciolo, Esquire (Attorney for Defendant) V?rl 2 Market Street, Harrisburg, PA 17101 - Xne Alexander, Esquire (Attorney for Plaintiff) 148 Baltimore Street, Dillsburg, PA 17019 3 1 S e V 9Z 8191W 880Z