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HomeMy WebLinkAbout05-5828 MELISSA A. SHUTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN CUSTODY : pji : NO. 05- ~ CIVIL TERM TREVOR W. SHUTT, Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. MELISSA A. SHUTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY : fa? : NO. 05- ~ CIVIL TERM TREVOR W. SHUTT, Defendant COMPLAINT FOR CUSTODY The Plaintiff, Melissa A. Shutt (hereinafter "Mother"), by her attomeys, the Family Law Clinic, alleges the following in support of her complaint for custody: I. The Plaintiff is Melissa A. Shutt, an adult individual who resides at 4303 York Street, Harrisburg, Dauphin County, Pennsylvania 17111, during the time when she has custody of her children. Mother resides at 25R Duke Street, Hershey, Dauphin County, Pennsylvania 17033 when she does not have custody of the children. 2. The Defendant is Trevor W. Shutt (hereinafter "Father"), who resides at 205 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Kathryn Ann Shutt 4303 York Street Harrisburg, P A 17111 December 24, 1996 Austin Eugein Shutt 4303 York Street Harrisburg, P A 17111 October 15,1999 The children were born during the parties' marriage. The children are presently in the custody of Mother, who resides at 4303 York Street, Dauphin County, Pennsylvania, since October 23,2005. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Dates Melissa Shutt 4303 York Street Harrisburg, P A 17111 10/23/05-present Melissa Shutt 205 Wyoming Ave Enola, P A 17025 03/05-10/05 Melissa Shutt Trevor Shutt 205 Susquehanna Ave Enola, P A 17025 11100-02/05 4. The mother of the children is Melissa Shutt, currently residing at 4303 York Street, Dauphin County, Pennsylvania. She is married to the children's father, however a divorce complaint was filed on November 1,2005 in Cumberland County, No. 05-5678. 5. The father of the children is Trevor Shutt, currently residing at 205 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. He is married to the children's mother, however a divorce complaint was filed on November 1,2005 in Cumberland County, No. 05-5678. 6. The relationship of the plaintiff to the children is that of mother. Mother resides with the following persons: Name Hershey: Matthew Myers Harrisburg: Matthew Myers Larry Myers Ruth Myers Relationship Boyfriend Boyfriend Boyfriend's Father Boyfriend's Mother 7. The relationship of the defendant to the children is that of father. Father currently resides with the following persons: Name Clarence Litchfield Relationship Friend 8. Mother has not participated as a party in other litigation concerning the custody of the children. Mother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: 1. Mother and Father have followed a verbal agreement since their separation whereby they equally share physical custody of the children. II. Father recently began residing with a convicted sex offender registered in Pennsylvania under Megan's Law. 111. Father does not exercise all of his available custodial periods and often does not pick the children up until three or four days after his scheduled time. IV. When Father does have custody of the children, they are consistently tardy for school and frequently are not given lunch or lunch money. v. Mother has been the children's primary caretaker since their birth. VI. Mother is better able to provide the children a home with the moral, emotional and physical surroundings required to adequately meet the children's needs. VII. Mother is willing to allow the children to have custodial periods with their Father, outside the presence ofMr. Litchfield, the registered sex offender. 10. 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. WHEREFORE, Plaintiff requests that the Court grant shared legal custody of the children to Plaintiff and Defendant, primary physical custody of the children to Plaintiff, and liberal periods of partial physical custody to Defendant not in the presence of his roommate, Mr. Litchfield. ~'fuIlY Sobmi","- .~p~ Certified Legal Intem tr~ DONALD-FOX LUCY OHNSTON-WALSH Supervising Attomeys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 (717)243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. rY1JM~CJ(s1nJ ill~ /05 Date Melissa Shutt, Plaintiff C) ~> C1 c~-:':r <:~--~} .n ~ C'J"l " ~-< f~:' \-';C\'Fl .~ n~ t :::; \. :~) () lj ~.~'" -') () '. [T! '--... r,'l __-..1 UJ -<. ~------------- MELISSA A. SHUTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY . p;;l : NO. 05- ~ CIVIL TERM TREVOR W. SHUTT, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Melissa A. Shutt, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attomeys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date J.L\ q l O~T' c:; BRENDA COPP E Certified Legal Intern '. rtJ$ HNSTON-WALSH A E MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 (') c ...., C:'::1 G) c..'~' -,. 25 -~ \..0 o -'11 .-1 :.1: -n ,'Tl~::; :~1 't;J ;:d~,) . -):>1 , r) L";~IT\ J :-1 ,on :< S' i'.:: '.0 MELISSA A. SHUTT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5828 CIVIL ACTION LAW TREVOR W. SHUTT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Tuesday, November 15, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at ~t~.F'I!'.()r,Cumberland County Courthouse, Carlisle. on.. Thursday, DecembeL~2, 2005 at 8:30 AM 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 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 confercnce. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnisb any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X Gilrov. Esq. -------t.f1i'I Custody Conciliator ~. The Court of Common Pleas ofCumber]and County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonab]c accommodations availab]e 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 Bedt(lrd Street Carlisle, Pennsylvania ] 70] 3 Telephone (717) 249-3 ]66 . -d ~ ~ ~~) 50.1../// ~ .~ ~ ~~ 5iJ(j .// 7 ;;I /f' /j7P1-1-' 4;'11J 5(/U II I i','("--" ",1,1'1; , 91:[ ilJ LI W:)SJDl Ir, ::lv MELISSA A. SHUTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY TREVOR W. SHUTT, Defendant : NO. 05-5828 CIVIL TERM CERTIFICATION OF SERVICE I, Brenda Coppede, Certified Legal Intem, Family Law Clinic, hereby certifY that I served a true and correct copy of the Order of Court scheduling a custody conciliation on Trevor W. Shutt, residing at 205 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania, by depositing a copy ofthe same in the United States mail, certified, restricted delivery, return receipt requested. Service was complete upon receipt by Trevor W. Shutt on November 30, 2005, as evidenced by the attached green card with the article number 7005 0390 0003 2632 4938. /' // ./~ ' iaM0 / C BRENDA COPPE . Certified Legal Intem FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 . " ~ SENDER cor 'I Lt... 'L 'ft _ -,L~ T vI, . Complete items 1, 2. and 3. Also complete ~em 4 if Restricted Pelivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 71fvor .5)If/-t.-I: J?05 ..5uLiouc.ha.nntt.. 0 Vl . Enol?!., /w /rD9..5 RlSTRICTEO 2. c. Date of Delivery (_-;'0'<15' D. Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: D No Return Receipt Requested 3. . eType Certified Mail o Registered o Insured Mail D 9Ilfess Mall Q;YReturn Receipt for Merchandise DC.D.O. 4. Restricted Delivery? (Extra Fee) Yes 7005 0390 0003 2632 4938 1025Q5-0Z-M-1540 PS Form 3811, February 2004 Domestic Return Receipt l',~ c. ., '- c -j MELISSA A. SHUTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN CUSTODY TREVOR W. SHUTT, Defendant : NO. 05-5828 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint for Custody filed on November 9, 2005. Respectfully submitted, Date /2 !610Y tE~j ~ /~ENDA COPP .' Certified Legal Intem l LUCY STON-WAU H ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 170 I3 (717) 243-2968 cs:;...... ''''.. ~' I "." ... C'~ C:r MELISSA A. SHUTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY TREVOR W. SHUTT, Defendant : NO. 05-5828 CIVIL TERM CERTIFICATION OF SERVICE I, Rene M. Gomall, Certified Legal Intem, hereby certify that the Family Law Clinic served a true and correct copy of the reinstated custody complaint on Trevor W. Shutt, residing at 205 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania, by depositing a copy of the same in the United States mail, certified, restricted delivery, retum receipt requested. Service was complete upon receipt by Trevor W. Shutt on December 13, 2005, as evidenced by the attached green card. ~// // :/' ~ <_ c:-~. ~le M. Gomall /6;:iified Legal Inter F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 . Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to; DAgent Q,Addressee C. Date of Delivery DYes D No . 7t( l(d ,:,// i(/( 1- '-) [,,5- ,--"Yu~)'{~Ufl)(LIlr,[t /tvc. f /v.I(, 1'/'-1 17[;,91;- . 3. Sef)1ee Type I!::f" Certified Mail o Registered o Insured Mail [] ~ Mail [!t"'Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. 7005 0390 0003 2632 6291 PS Form 3811, February 2004 Domestic Return Receipt 102595-Q2-M-1540 : , . , (, .-~ { v\ DEe 2 1 2005, -/'1 ~rl " MELISSA A. SHUTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-5828 CIVIL ACTION - LAW TREVOR W. SHUTT, Defendant IN CUSTODY COURT ORDER AND NOW, this ~ day of December, 200S, upon consideration of the attached Custody Conciliation Report, it is ordered and direct.ed as follows: 1. The Mother, Melissa A, Shutt, and the Father, Trevor W. Shutt, shall enjoy shared legal custody of Kathryn Ann Shutt, born December 24, 1996 and Austin Eugein Shutt, born October 15, 1999. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends, at such time for exchange of custody to be agreed upon the parties. The weekend shall be Friday through Sunday. B. At such other times as agreed upon by the parti.es. 4. When Father has custody of the minor children, he shall not allow the children to be in the presence of Terrance Litchfield. 5. Mother may register the children in the school district in Dauphin County where she resides. BY THE CO /'/ . . /~ { ~-/- i( 'E' v 110' ~~ . f+B'~ frvv Judge Cc: Ms. Kristin Schork Mr. Trevor W. Shutt ~d./ i/Yt-J../. , Jd .J66~ ~. 8 h .7 ".1 0" "00 "j"lZ J '0 ;t( v..J....,.: JJU .:.1\1.... ...", -"1::10 l\bv.LUj",~J:'_:,"-J,,-.D :ih 3~))':I:::-{m:J , i MELISSA A. SHUTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 05-5828 CIVIL ACTION - LAW TREVOR W. SHUTT, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMAlR.Y REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Condliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kathryn Ann Shutt, born December 24, 1996 Austin Eugein Shutt, born October 15, 1999 2. A Conciliation Conference was held on December 22, 2005, with the following individuals in attendance: The Mother, Melissa A. Shutt, with her student attorney, Kristin Schork, of the Dickinson School of Law Family Law Clinic: The Father, Trevor W. Shutt, who appeared without counsel. 3. The parties agreed to the entry of an Order as attached. Respectfully submitted, Date: December 22, 2005 ~~ Hubert X. Gilr , Esquire Custody ~'n 'ator .16,\! ? ( iUcb ~ - MELISSA A. SHUTT, Plaintiff //,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 05-5828 CIVIL ACTION - LAW TREVOR W. SHUTT, Defendant IN CUSTODY AMENDED COURT ORDER AND NOW, this 20" day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Order of Court entered in this case is amended as follows: 1. The Mother, Melissa A. Shutt, and the Father, Trevor W. Shutt, shall enjoy shared legal custody of Kathryn Ann Shutt, born December 24, 1996 and Austin Eugein Shutt, born October 15, 1999. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends, at such time for exchange of custody to be agreed upon the parties. The weekend shall be Friday through Sunday. B. At such other times as agreed upon by the parties. 4. When Father has custody of the minor children, he shall not allow the children to be in the presence of Clarence Litchfield. 5. Mother may register the children in the school district in Dauphin County where she resides. BY THE COURT, Cc: vl\1"s. Kristin Schork ::" v1\1r. Trevor W. Shutt Ad Judge : :' GO " ') .,,",") .. '.0 :~:\:,.\i MELISSA A. SHUTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-5828 CIVIL ACTION - LAW TREVOR W. SHUTT, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT There was an error with respect to the name of the individual in paragraph 4 of the prior Order in this case, and the Conciliator recommends an Amended Order as attached. Respectfully submitted, Date: January I g , 2006 ert X. GilroX squire Custody Conc. tor GREAT SENECA : IN THE COURT OF COMMON PLEAS OF FINANCIAL CORP., : CUMBERLAND COUNTY, PENNSYLVANIA ASSIGNEE OF FORWARD • PROPERTIES; ASSIGNEE • OF METRIS, Plaintiff • v. : CIVIL ACTION—LAW • BRENDA YOHE, Defendant : NO. 05-5825 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES IN AID OF EXECUTION ORDER OF COURT AND NOW, this 9th day of October, 2013, upon consideration of Plaintiffs Motion To Compel Defendant's Answers to Interrogatories in Aid of Execution, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 30 days of service. BY THE COURT, Christylee L. Peck, J. ,/Alan R. Mege, Esq. 70 E. Broad Street Bethlehem, PA 18016 Attorney for Plaintiff r._ vrenda Yohe, ca 802 Ritner Highway r' Y {r Apt. 1 41 -� ' � Shippensburg, PA 17257 O' -`. Defendant, pro Se c_ c.) e.) :rc c,-.