Loading...
HomeMy WebLinkAbout05-5225 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2005 - S.J.lS-' ~ Iw.-.. WILLIAM 1. SHEARER, JR., Plaintiff PATRlCIA F. SHEARER, Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY I. The Plaintiff is William 1. Shearer, Jr., who resides at 50 North Orange Street, Apartment 5, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Patricia F. Shearer, who resides at 237 Graham Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody ofthe following child: NAME PRESENT RESIDENCE AGE/mATE OF BIRTH) adison S. Shearer 237 Graham Street, Carlisle Pennsylvania 15 (August 2, 1990) The child named above was not born out of wedlock. The child named above is presently in the custody of Patricia F. Shearer who resides at he residence identified in Paragraph 2, above. During the last five (5) years, the child subject to this custody action resided with he following persons and at the following addresses: ADDRESSES DATES LAW OFFICES SNELBAKER & BRENNEMAN, P.C. atricia F. Shearer 237 Graham Street, Carlisle, P A August 2004 to present atricia F. Shearer 806 Alexander Spring Rd. Carlisle, P A April 2004 to August 2004 iIliam 1. Shearer, Jr. atricia F. Shearer nd Kyle M. Shearer 806 Alexander Spring Rd. 2000 to April 2004 Carlisle, P A The mother of the child is Defendant Patricia F. Shearer, who currently resides at the address indicated in Paragraph 2, above. She is married. The father of the child is Plaintiff William 1. Shearer, Jr., who currently resides at the address indicated in Paragraph I, above. He is married. 5. The relationship of Plaintiff to the child is that offather. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP None 6. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Madison S. Shearer Daughter 7. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the parties' child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other State. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. -2- 8. The best interest and permanent welfare of the child will be served by granting Plaintiff partial physical custody of Madison S. Shearer since it will ensure contact and communication between Plaintiff and his daughter, foster his daughter's growth and development and provide a stable environment for Madison S. Shearer. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency ofthis action and the right to intervene: None. WHEREFORE, Plaintiff William 1. Shearer, Jr. requests this Court to grant Plaintiff artial physical custody of Madison S. Shearer. SNELBAKER & BRENNEMAN, P. C. I~ ate: October 4, 2005 By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA ] 7055 (717) 697-8528 Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.c. -3- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I nderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section , 904 relating to unsworn falsification to authorities. Date: October 4, 2005 /J f~ ~ -., ~ -.1) " ~ '" ~'~ ~ ~. " '" t "- ~ '-;\~ (J" ~ ~ ~.'t, ~ .~ ~ . ~, \l\ .,~ ..~ '\'>.~ ~~ ~, ~ N.. "'- ~ ~ ~ ("1 \..- r'~-' ~-)- C':':' c.J1 co (m', ~_.\ \ t;'1 -..-"" o -rl .... <:T'..-,; ,<;1T~ _~, :;,'1 -?~~~} <> ~;~ ,"")rn ~;; '~:::J :4 ,.- 2::> en 0.' ~ WILLIAM L. SHEARER, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5225 CIVIL ACTION LAW PATRICIA F. SHEARER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 12) 2005 .' upon consideration of the attached Complaint, it is hereby directed that parties and their respective eounsel appear before Dawn S. Sunday, Esq. . the conciliator, at 39 West Main Str~".t,Me_ch.a_n.ic~h.urg,P~_ I?~5_5___ on_.~e(!!,~~day, :N,,-yel1lber 0~,}~05 at 10:00 AM for a Prc-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to deline and narrow the issues to be heard by the court, and to entcr into a temporary order. All children age live or older may also be present at the conference. Failure to appear at thc conference may provide grounds for entry of a temporary or permanent order. Tbe court hereby directs the parties to furnish any and all existing Protection from Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl(. FOR THE COURT. By: Isl Dawn S. Sundav, Esq. Custody Conciliator IJfl The Court of Common pleas ofCumberJand 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 HA VE AN A HORNEY 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 Bedt(Jrd Strect Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 {: L Jr/.P. ~~~? ~~ V.5o- e/.CJ/ ,'#ph "cr:?f p'? ~- ~h Jt? t'/Ol ~ r J2. ~ ~l .~ JCJ- e/-O/ '!'/;}::J 00 :11 lid Z I DO SOUZ ! :.-;'r:! r \' ", "".~ : ' ':, i ) -'1) l Au;",,,,,,, ,'/'," ..../1-0 ~1r'_' ; ':;~" ''::;::, ...l, ..J ::J,-"'!_~.~"L :---U::-illJ ~,:J~CEIVED \ OCT '! Ii 2005 I '. I ~3Y: IV\~L I WILLIAM L. SHEARER, JR. Plaintiff IN THE COURT OF COMMOt\ PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-5225 CNIL ACTION LA W PATRICIA F. SHEARER Defendant IN CUSTODY ORDER AND NOW, this 24th day of October.2005 , the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for November 2, 2005 is cancelled. FOR THE COURT, tJo.,,-4 ok7~ Dawn S. Sunday, Esquire Custody Conciliator ,,' i"U ~ 'j ~ :' ~ '-,) 1'''1 1.(, } " (1 WILLIAM L. SHEARER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005-5225 CIVIL PATRICIA I. SHEARER, Defendant CIVIL ACTION - LAW CUSTODY MOTION TO SCHEDULE CUSTODY CONcrLIA TrON Plaintiff William L. Shearer, Jr., by his attorneys, Snelbaker & Brenneman, P. C., submits this Motion to Schedule Custody Conciliation and in support thereof states the following; 1. On October 5, 2005 Plaintiff William L. Shearer, Jr. filed a Complaint For Custody. 2. By Order dated October 12,2005 a custody conciliation was scheduled to take place on November 2,2005 before Dawn S. Sunday, Esquire. 3. After the scheduling of the custody conciliation, the parties appeared to have reached a resolution of the custody matter concerning their daughter; therefore, by letter dated October 20,2005 counsel for William L. Shearer, Jr. advised Dawn S. Sunday, Esquire that a resolution had been reached and that the custody matter be continued generally. 4. Since the matter of the custody conciliation had been continued generally, it was learned by counsel for the parties that each party had a different idea as to what their agreement was with respect to resolving the matter of their daughter's custody. 5. The parties to this action desire that the matter be scheduled again for a custody conciliation. 6. Samuel L. Andes, Esquire now represents Defendant Patricia F. Shearer in this custody matter. 7. Samuel L. Andes, Esquire consents on behalf of his client to the submission of this LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Motion for a custody conciliation to be scheduled. LAW OFFICES SNELBAKER & BRENNEMAN. P.C. WHEREFORE, Plaintiff requests this Court to issue an Order scheduling a custody conciliation in this matter. Date: December 12, 2005 SNELBAKER & BRENNEMAN, P. C. I~-- BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff William L. Shearer, Jr. -2- CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Samuel L. Andes, Esquire 525 North Twelfth Street P. O. Box 168 Lemoyne, PA 17043-0168 SNELBAKER & BRENNEMAN, P.c. ~ By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendant William L. Shearer, Jr. Date: December 12,2005 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. ~~ -- ~ .J '.l -.... ~ <>(\ {;. V\. ~ "'" ~ ~ '" 0. ~ .. . ,. --<. WILLIAM L. SHEARER, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5225 CIVIL ACTION LAW PATRICIA I. SHEARER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, December 19, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before D.;wn S. Sunday, Esq. at____ 39 W""Ll\1'.ai~.~treet,. Mechanicsburg, P A 17055,. on _____'!hllrs~~y,.:!,,_'lUary}_9_, 2006_. , the conciliator, at 9:30 AM -"-~ for a Pre. Hearing Custody Conference. At such conference, an effort will be made to resolve the issucs in dispute; or if this cannot be accomplishcd, to de line and narrow the issues to be heard by the court, and to enter into a temporary ordcr. All children age live or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or penn anent order. The court herehy 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: ..J.sI.... Dawn S. Sund~fsq._ Custody Conciliator r~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation ahout accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our omee. 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 HA VE 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 4p~' fr ~ i";r:vtI ~? ~~<O"J11 ;r.?JU/ V'?*'1f/fr v ~ r{'/ " f'- '//-. ~.~ j;? J' /tT'--~/P 5,:.7. N;: (;1 ;;;./("- r/ ,5;}' It" ('/ ":';j"I,!n8 6 S :! I W.1 I Z :l30 SOOZ I "'v"0" " AU I ," ",,'\,"'," _ ,~U, 1J., vb:! :1'_-11 '0 :)""Jf' \....., ... 31 _::l. ~ ,j,,\.!--CJ:Jli:l [\[l.EIVED MAR 0 1 i'n6 c( WILLIAM L. SHEARER, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-5225 CIVIL ACTION LAW PATRICIA 1. SHEARER Defendant IN CUSTODY ORDER AND NOW, this 28th day of FebruarV,2006 , the conciliator, having received no request from either counselor the parties to reschedule the custody conciliation conference initially scheduled for January 19,2006, hereby relinquishes jurisdiction. FOR THE COURT, tJ~~Nl- Dawn S. Sunday, Esquire (;l Custody Conciliator \.' 0'1 :;',\ ',:J 1- '-j I o .\(\ -',.... - - WILLIAM 1. SHEARER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005-5225 CIVIL PATRICIA I. SHEARER, Defendant CIVIL ACTION ~ LAW CUSTODY MOTION TO SCHEDULE CUSTODY CONCILIA nON Plaintiff William 1. Shearer, Jr., by his attorneys, Snelbaker & Brenneman, P. c., submits his Motion to Schedule Custody Conciliation and in support thereof states the following; I. On October 5, 2005 Plaintiff William L. Shearer, Jr. filed a Complaint For Custody. 2. By Order dated October 12,2005 a custody conciliation was scheduled to take place n November 2, 2005 before Dawn S. Sunday, Esquire. I 3. The custody conciliation scheduled to take place November 2, 2005 was continued i ~nder the belief that the custody matter had been resolved by the parties. I I 4. On December 12, 2005 Plaintiff filed a Motion to Schedule Custody Conciliation ince the parties had not in fact resolved the custody matter concerning their daughter. 5. A custody conciliation was scheduled to take place on January 19,2006 before Dawn . Sunday, Esquire. 6. Again, the parties believed that they could resolve the custody matter by mutual greement and accordingly through their counsel advised Dawn Sunday, Esquire that the matter hould be continued so that the parties could finalize a custody agreement. 7. The parties were unable to reach a mutually acceptable custody agreement. 8. Given the passage of time since the scheduling of the custody conciliation for January LAW OFFICES SNELBAKER & 9, 2006 which had been continued by agreement of the parties, Dawn Sunday, Esquire BRENNEMAN, P,c. elinquished jurisdiction of the matter. , .... LAW OFFICES SNELBAKER 8:: BRENNEMAN, P.C. 9. Since the parties have been unable to reach a mutually acceptable custody angement concerning their daughter, Plaintiff desires that this matter be scheduled again for a ustody conciliation. WHEREFORE, Plaintiff requests this Court to issue an Order scheduling a custody onciliation in this case. SNELBAKER & BRENNEMAN, P. C. vf~ ate: March 15, 2006 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff William 1. Shearer, Jr. -2- ,- LAW OFFICES SNELBAKER & BRENNEMAN. P.C. VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of] 8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ Keith O. Brenneman Date: March 15, 2006 < . ,- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Samuel L. Andes, Esquire 525 North Twelfth Street P. O. Box 168 Lemoyne,PA 17043-0168 SNELBAKER & BRENNEMAN, P.e. VJ/~ By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff William L. Shearer, Jr. Date: March 15,2006 ~ ~ ~ ~, ~ ~f\ +- ~. ~ .. '\'. , "- ~ -....i ~. '~ ~~ V", 'v\ 'V'J WILLIAM L. SHEARER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-5225 CIVIL PATRICIA F. SHEARER, Defendant CNIL ACTION - LAW CUSTODY MOTION TO APPROVE STIPULATED INTERIM CUSTODY ORDER Plaintiff William L. Shearer, Jr. by his attorneys, Snelbaker & Brenneman, P. C., submits this Motion to Approve Stipulated Interim Custody Order as follows: 1. This custody action was initiated by a Complaint For Custody filed October 5,2005. 2. The parties to this custody action, being the natural parents of Madison S. Shearer, born August 2, 1990, have reached an agreement concerning the legal and physical custody of their minor daughter. 3. The parties in this action with their counsel; namely, Keith O. Brenneman, Esquire I I I who represents Plaintiff William L. Shearer, Jr., and Samuel L. Andes, Esquire who represents Defendant Patricia F. Shearer, have entered into a Stipulation regarding the custody of Madison S. Shearer which Stipulation incorporates the attached Order which the parties desire be approved and issued by this Court. 4. The parties' original Stipulation with the agreed-upon Order is attached hereto and incorporated by reference herein as "Exhibit A". 5. Samuel L. Andes, Esquire, attorney for Defendant Patricia F. Shearer, consents to this Motion being submitted to the Court. WHEREFORE, Plaintiff William L. Shearer, Jr. requests this Court to issue the Order LAW OFFICES SNELBAKER & BRENNEMAN, P,C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. agreed to by the parties through their Stipulation. SNELBAKER & BRENNEMAN, P. C. t4n~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: March 30, 2006 \ \ I I I I -2- , . .' WILLIAM L. SHEARER, JR., Plaintiff ) ) ) ) ) ) ) ) ) vs. PATRICIA F. SHEARER, Defendant STIPULATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-5225 CIVIL IN CUSTODY AND NOW come the above-named parties, with their attorneys, and stipulate and agree that the court shall enter the attached Interim Order, without prejudice to their remaining claims regarding the custody of their minor child, Madison S. Shearer. \~ Keith O. Brenneman Attorney for Plaintiff c~ Samu I L. Andes Attorney for Defendant EXHIBIT A '----- " I I ,---I II h1;:/ / 11~i d)C~.L 1(~I(jL4..- ;;- / Patricia F. Shearin' v WILLIAM L. SHEARER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-5225 CIVIL PATRICIA F. SHEARER, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this day of , 2006, upon the Stipulation of the parties we hereby enter the folIowing interim order in the matter: 1. Legal custody of the parties' minor daughter, Madison S. Shearer, born August 2, 1990, shalI be shared by her father, the Plaintiff William L. Shearer, Jr., and her mother, the Defendant Patricia F. Shearer. 2. The mother shalI have primary physical custody of the said minor child. 3. The father shalI have temporary physical custody of the child one evening per week, from 5:30 p.m., at which time he shalI pick the child up at the mother's residence, until 9:00 p.m., at which time he shalI return the child to the mother's residence. The parties shall mutually agree upon the evening each week of the father's temporary custody, considering the child's plans, schedule and activities. The parties wilI agree at the end of each period of the father's temporary custody when the next period wilI commence. In the event that parties are not able to mutually agree upon the evening each week for father's periods of temporary custody, the father's period of custody shall be Wednesday evening at the times set forth above. Temporary custody wilI begin the week of April 3, 2006. 4. The parties acknowledge that father desires to have overnight periods of temporary custody with his daughter and agree that they will commence the week of September 4, 2006, with the schedule of days to be applied in Paragraph 3. BY THE COURT: J. Distribution: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (Attomey for Plaintiff) LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Samuel L. Andes, Esquire 525 North Twelfth Street P. O. Box 168 Lemoyne, PA 17043-0168 (Attomey for Defendant) . . . . LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that 1 have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Samuel L. Andes, Esquire 525 North Twelfth Street P. O. Box 168 Lemoyne, PA 17043-0168 SNELBAKER & BRENNEMAN, P.e. ~ By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (7\7) 697-8528 Attorneys for Plaintiff William L. Shearer, Jr. Date: March 30, 2006 C:_' ;"-.-:; -r1 jli ---,.! /, , WILLIAM L. SHEARER, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Y. 05-5225 CIVIL ACTION LAW PATRICIA r. SHEARER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _...__~_Monda)', Marc_~J.Q,..2QO~_._._, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq. ,the conciliator, at_..------.--29 We~l\1llin.s.t!~t,JYIec_"_anIcs~....r:g,P':\_ll055___ on __ Tuesday, AprB!1._2006_._~ at lOQ_PM for a Pre-Hcaring Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished. to del,ne 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 pennanent order. The court hereby directs the parties to furnish an)' and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. ---WiY\ Custody Conciliator f-'" The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements l11ust 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 HA VE AN A HORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORni BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedl(ml Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~v -4 PlI'TIW 1#;l C~ .$pt :7 /7(r';>11~ ??lJt7/i, -''''r'1'''jfr~f;:.tJ.f. /~~~J 4;I~7-r77} g Z :8 H'J \ Z 1\,,11<1 O,BU7, ">1'v"(""''i'Y'~ 3\41. ~O /\W :..,\..;\".....1 ,...~ ~--, -::\'~1JA! )-(\1 IH ....v'.......--..,.. ~, '1 (J I FE' '70 . JC C ''J'J ((" r " ./. .~ f} \1tR ,I l ,10['0 \J ~3X~,=,==== WILLIAM L SHEARER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 2005,5225 CIVIL PATRICIA F. SHEARER, Defendant CIVIL ACTION - LAW CUSTODY ORDER -!ir{J- AND NOW, this 7~ day of ~, 2006, upon the Stipulation of the parties we hereby enter the following interim order in the matter: I. Legal custody ofthe parties' minor daughter, Madison S. Shearer, born August 2, I 1990, shall be shared by her father, the Plaintiff William L Shearer, Jr., and her mother, the Defendant Patricia F. Shearer. 2. The mother shall have primary physical custody of the said minor child. 3. The father shall have temporary physical custody of the child one evening per week, from 5:30 p.m., at which time he shall pick the child up at the mother's residence, until 9:00 p.m" at which time he shall return the child to the mother's residence. The parties shall mutually agree upon the evening each week of the father's temporary custody, considering the child's plans, schedule and activities. The parties will agree at the end of each period of the father's temporary custody when the next period will commence. In the event that parties are not able to mutually agree upon the evening each week for father's periods of temporary custody, the father's period of custody shall be Wednesday evening at the times set forth above. Temporary custody will begin the week of April 3, 2006. 4. The parties acknowledge that father desires to have overnight periods of temporary custody with his daughter and agree that they will commence the week of September 4, 2006, with the schedule of days to be applied in Paragraph 3. Distribution: ( J. LAW OFFICES SNELBAKER & BRENNEMAN, P,C. "' eith 0, Brenneman, Esquire ' (Attorney for Plaintiff)' <Y . \c . .,OD . ,\/ cY D arnue! L. Andes, Esquire 525 North Twelfth Stteet P. O. Box 168 Lemoyne. PA 17043,0168 (Attorney for Defendant) C.? 'I~.' ~~ J . ;1 ."" >"() ("' '! H,{ ><\(.1"1' c.,- '.:(Ji, :;:.;Lc. J :lHl:JO ;JJlH ...... ) , , : 6PR I) f 20l6" . II IX -===~,.=-=1J WILLIAM L. SHEARER, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-5225 CIVIL ACTION LAW PATRICIA 1. SHEARER Defendant IN CUSTODY ORDER AND NOW, this 5th day of April.2006 , the conciliator, being advised by counsel for the parties that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for April II, 2006, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator c: \ :S ::; 0. - \, S:Jl }..j\i .1 I j vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW WILLIAM L. SHEARER, JR., Plaintiff NO. 2005-5225 CNIL PATRICIA F. SHEARER, Defendant IN CUSTODY PETITION TO MODIFY AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the Court to modify its prior order of custody in this matter, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent is the Plaintiff. 2. The parties are the parents of one minor child, Madison S. Shearer, born 2 August 1990. That child is the subject of these custody proceedings and the order dated 3 April 2006 last entered by the Court in this matter. A copy of that order is attached hereto and marked as Exhibit A. 3. Since the entry of that order, circumstances have arisen which mandate a modification of the order. Those circumstances include: A. The child's resistence to spending time with her father and the frequency of her refusals to spend time with him as required by the order, have both grown more frequent and stronger. B. The child will not accept the guidance, instructions, or orders of Defendant that she spend time with her father as required by the order. The child exerts considerable effort to circumvent and avoid the Defendant's efforts to persuade her to spend time with her father in accordance with the order. C. The child has repeatedly complained that she is upset by her father's anger and his conduct toward her when angry. As a result, the child fears and resists spending expanded time with her father. . .11 D. The child has repeatedly stated that she will not spend the night with her father at his home and Defendant believes that the child may run away or take some other dramatic and dangerous action if she feels compelled to comply with the order. For these reasons, Defendant believes the order should be modified. 4. The modification which Defendant seeks is that the child not be compelled to spend the night with her father until such time as all the parties undergo counseling in an effort to reduce the child's resistance to the custody order and her adverse feelings toward her father. The child has expressed a limited willingness to participate in counseling, if the Court requires it, and Defendant believes that the child and all parties will benefit from such counseling. WHEREFORE, Defendant prays this Court to modify its order of 3 April 2006 to require the child and both parties to participate in a program of counseling and therapy in an effort to reestablish and restore a healthy relationship between Plaintiff and the child so that the child can spend appropriate time with her father. ~ Samu . Andes Attorney for Defendant Supreme Court ID 17225 525 North 121h Street Lemoyne, P A 17043 (717) 761-5361 ~ I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ~. DATE: R L -6' ~I I I CERTIFICATE OF SERVICE I hereby certify that on 1 ~\L5. \- 2006, I served a copy of the foregoing document upon counsel for Plaintiffby U.S. Mail, postage prepaid, addressed as follows: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 ~~ Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, P A 17043 (717) 761-5361 N~ ~ .. "- ~ ~ ts ~~ ~ ~ . ~ ~ ~ ~ -, r. , ... f'"c,) --.: ""') {,)"", :'" ... ..~ WILLIAM L. SHEARER, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-5225 CIVIL ACTION LAW PATRICIA F. SHEARER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, August 07, 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 Thursday, September 07,2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 hearin!!. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. Custody Conciliator ptL 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 HA VE 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 ~~~?~4; 1(/.~$ ~ jp:2 ~ ~ ?~'~'p. ~ r ~ /~~.... ~ -.w 1c7'/A.-.a 'v'lN\f^lASNN3d AlNnm CJlIVll:B8mO L2 :€ Wd Q- 5nV 900Z Al:IVlOt"lOH10tld 3HL :10 ~ WILLIAM L SHEARER Plaintiff I Rvr""r::'-)'\.l~:;-'D I .4--< "'--/ LA- "- ~ ~ j \ SEP 3 2006 BY: .- IN THE COURT OF N PLEAS F CUMBERLAND COUNTY, PENNSYLVANIA ~ vs. 05-5225 CNIL ACTION LAW PATRICIA F. SHEARER Defendant IN CUSTODY ORDER OF COURT AND NOW, this \ \.1 day of Q. -h-- , 2006, consideration ofthe attached Custody Conciliation Report, it~ected as follows: upon 1. The parties shall make arrangements for the Child to participate in a course of counseling with Sally Rooney. The purpose of the counseling shall be to provide the Child with an opportunity to address issues of concern with a neutral third party. The parties shall follow the guidance of the counselor as to the frequency and duration of counseling and as to the participation of the parties in any of the sessions, if appropriate. The Mother agrees to pay any costs of counseling which are not covered by insurance. 2. Counsel for either party may contact the conciliator within six months of the date of this Order to schedule a follow-up conciliation conference, if necessary. J. ---- cc: ~ith O. Brenneman, Esquire - Counsel for Father ,,(amuel L. Andes, Esquire - Counsel for Mother ~ ~ ~ ~ ~ Q ":inJ ! it :7 II! ~.,.~ , "~J I ,~j WILLIAM L. SHEARER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-5225 CNIL ACTION LAW PATRICIA F. SHEARER Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is t he subject of this litigation is as follows: CURRENTLY IN CUSTODY OF NAME DATE OF BIRTH Madison S. Shearer August 2, 1990 Mother 2. A custody conciliation conference was held on September 7, 2006, with the following individuals in attendance: The Father, William L. Shearer, with his counsel, Keith O. Brenneman, and the Mother, Patricia F. Shearer, with her counsel, Samuel L. Andes. 3. The parties agreed to entry of an Order in the form as attached. ~ Dawn S. Sunday, Esquire ( Custody Conciliator