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Home My WebLink About05-6264 SCOTT A. VAILLANCOURT, JR., Plaintiff v SHANETHlA WASHINGTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW '--.- :NO. DS'- iP'J..t..'I CuL L~ : IN CUSTODY . l COMPLAINT FOR CUSTODY 1. The plaintiff is Scott A. Vaillancourt, Jr., residing at 2162 Newville Road., Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Shanethia Washington, residing at 1523 Terrace Avenue, Carlisle Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Scott A. Vaillancourt, III Present Residence 1523 Terrace Avenue Carlisle, P A DOB 6/24/05 Age 5 months The child was born out of wedlock The child is presently in the custody of Shanethia Washington who resides 1523 Terrace Avenue, Carlisle, Cumberland County, Permsylvania. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons Shanethia Washington Sherri Cross Scott A. VaiUancourt, Jr. Heather Wiser List All Addresses Dates 1523 Terrace Avenue Carlisle, P A 6/24/05-Present 2162 Newville Road Carlisle, P A Carlisle, P A 6/24/05-Present 4. The mother of the child is Shanethia Washington, residing at 1523 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania 17013. She is not married. The father of the child is Scott A. Vaillancourt, Jr., currently residing at 2162 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013 He is not married. 5. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons. Name Heather Wiser Relationship Girlfriend 6. The relationship of defendant to the child is that of mother, The defendant currently resides with the following persons. Name Sherri Cross Relationship Mother 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child 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 child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief req uest because: Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, Rominger, Bayley & Whare Date: J d ~ ~ . 0)' f1/l ~ I L-A Michael J. Whare, Esquire 155 South Hanover Street Carlisle, PA ] 7013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff VERIFICATION I verifY that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. -.J"..rt fl. U .11r. ~r.....j t. Scott A. Vaillancourt, r., Plamtlff SCOTT A. VAILLANCOURT, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION LAW : NO. : IN CUSTODY SHANETHlA WASHINGTON, Defendant CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certifY that I this day served a copy of the Custody Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Shanethia Washington 1523 Temace Avenue Carlisle, PA 17013 Dated: 1;2 - (, - p)' Respectfully submitted, ROMINGER, BAYLEY & WHARE ,M~J /L-~ Michael J. Whare, Es~ire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff -{Q. ~ Q ~ ') :- --- lI\ }- C- ~ ~ -rJ ~ ~ r .:t b t-- -L-- :":,) ,--) ,-I ,.~, ':11 ',\ .--1 ~,,'" -T"< ','.. '''-.,8 ,\.. "..-"~ '~.; :t:> , " ';.- . .,,;\ :___ ,_l f') -- , SCOTT A, VAILLANCOURT, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V, 05-6264 CIVIL ACTION LA W SHANETHIA WASHINGTON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 08, 2005 , upon consideralion of the attached Complainl, it is hereby directed lhal parties and lheir respective counsel appear before Jacqueline M. Verney, Esq, , the conciliator. at 4th ,Floor, Cumberland County Courthouse, Carlisle on Thursday,}anuary 12,2006 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to deline and narrow the issues to be heard by the eourt, and to enter inlo 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 tbe parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Tacqueline M. Vem.<:J', Esq. Custody Conciliator tr! The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Acl of 1990, For infonnalion aboul accessible facilities and reasonable aceommodalions available to disabled individuals having business before the court. please eontacl our office. All arrangemenls musl be made alleast 72 hours prior 10 any hearing or business before the court You must atlend 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 31 Soulh Bedford Strec1 Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ ~h>77 g^~ ~.&3071-7/ ~ i7 f' . -;', W.9 . /''tr V _>c7 6'("1 . ~/ ::; ~pVy ~J.t; ScJ (7' C'( ~('7' ~ :2 ~ ~ 'I"P 5c7b-{" " ["" I . '.' ,: . I i4N 1 :{ 2DU6 \\ SCOTT A. VAILLANCOURT, JR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-6264 CIVIL ACTION - LAW SHANETHlA WASHINGTON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 'Lt:J~ day of ga.... . ,2006, upon consideration of the attached Custody Conciliation Repdrt, it is ordered and directed as follows: I. The Father, Scott A. Vaillancourt, Jr. and the Mother, Shenethia Washington, shall have shared legal custody of Scott A. Vaillancourt, 1II, born June 24, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parties shall have shared physical custody of the child as follows. A. Father shall have physical custody ofthe child every Tuesday from 4:30 p,m. to Wednesday at 7:00 p.m.; every Thursday from 4:30 p.m. to Friday at 7:00 p.m. and alternating Saturdays from 7:00 p.m. to Sunday at 6:00 p.m. On the alternating Saturday, beginning January 21,2006, Father shall have the child from 7:00 a.m. to Sunday at 6:00 p.m. B. Mother shall have physical custody of the child at all other times unless otherwise specified in this Order or as agreed by the parties. 3. Holidays. The parties shall have physical custody of the Child as indicated below: A. Easter, Memorial Day, July 4t\ Labor Day and Thanksgiving the parties shaU share physical custody of the child. In the event that the parties cannot agree to the times, one party shall have the child from 9:00 a.m. to 3 :00 p,m. and the other party shall have the child from 3:00 p.m. to 9:00 p.m. B. Mother's Day/Father's Day- Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 6:00 p.m. Father shaU have physical custody of the Child on Father's Day from 9:00 a.m. to 6:00 p.m. C. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shaU be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. The parties shall alternate Block A and Block B from year to year. 4. Each parent shall have physical custody of the child at least two hours on the child's birthday. 5. Each parent shall be entitled to one uninterrupted week of physical custody with the child in the summer provided they give the other party 30 days prior notice. 6. the Child. Transportation shall be shared such that the receiving party shall transport 7. Neither party may use alcohol to the point of intoxication or use illegal drugs immediately before or during their periods of physical custody. Neither party may transport the child or have the child transported by anyone who is under the influence of drugs or alcohol. 8. Neither party may permit the child to be in the presence of anyone who is under criminal indictment. 9. Neither party may harass the other. 10. Both parties shall keep their homes in a clean condition. 11. Neither party may knowingly expose the child to locations where there are firearms or guns. 12. addict. Neither party may knowingly expose the child to anyone who is a drug 13. Neither party shall do or say anything or permit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each party shall encourage a meaningful relationship with the other party. 14. This Order is entered pursuant an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, .J cqy.1\1:ichael J. Whare, Esquire, Counsel for Father v.f6fin H. Broujos, Esquire, Counsel for Mother 2of'~ 0) - ;Z3-()0 J. )r\ 'J !~/ tll!"'r 'u 'J,,,, 1\,., .1,'- .....,.. IAN 1 a LUU5 /Yl1 SCOTT A. VAILLANCOURT, JR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V, : 2005-6264 CIVIL ACTION - LAW SHANETHlA WASHINGTON, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Scott A. Vaillancourt, III June 24, 2005 Mother 2. A Conciliation Conference was held in this matter on January 12,2006, with the following individuals in attendance: The Father, Scott A. Vaillancourt, Jr. with his counsel, Michael J. Whare, Esquire and Mother, Shanethia Washington, with her counsel, John H. Broujos, Esquire. 3. The parties agreed to an Order in the form as attached. I - 11.. -of;, Date /l1( acq ine M. Verney, Esquire Custody Conciliator SCOTT A. VAILLANCOURT, JR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-6264 CIVIL ACTION - LAW SHANETHIA WASHINGTON, . Defendant : IN CUSTODY ORDER OF COURT ? I--- AND NOW, this ( day of ?tGt 2?' , 20a upon consideration of the attached Custody Conciliation Repo d, it is ordered and directed as follows: 1. The prior Order of Court dated October 31, 2011 is hereby vacated. Mother's Petition for Contempt is withdrawn. 2. The Father, Scott A. Vaillancourt, Jr. and the Mother, Shanethia Washington, shall have shared legal custody of Scott A. Vaillancourt, born June 24, 2005, Storm Vaillancourt, born June 21, 2006 and Suriyah Vaillancourt, born November 24, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have the following periods of partial physical custody of the children: A. During the school year: 1. Alternating weekends from Friday at 4:30 p.m. to Sunday at 6:30 p.m. 2. Every Wednesday from 5:30 p.m. to 7:30 p.m. Father's girlfriend may pick up the children if Father is working. The children shall be bathed and in their pajamas upon return. B. During the summer: 1. Alternating weekends from Thursday at 4:30 p.m. to Sunday at 6:30 p.m. 2. Alternating Wednesdays (the Wednesday following Father's weekend) from 5:30 p.m. to 9:30 p.m. 5. HolidaysNacations. The parties shall have physical custody of the Children as indicated below: A. Halloween. Father shall have physical custody of the children on Trick or Treat night from 6:00 p.m. to 7:00 p.m. Mother shall have physical custody of the children on Trick or Treat night from 7:00 p.m. to 8:00 P.M. B. Thanksgiving. Father shall have physical custody of the children on the Wednesday before Thanksgiving at 3:00 p.m. to Thursday at 12:00 noon. Mother shall have physical custody of the children from 12:00 noon until Father's next period of physical custody. C. Christmas shall be divided into two blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. D. Easter shall be divided 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. The parent who has custody for the weekend shall have the earlier time and the other parent shall have the later time. E. Mother's Day/Father's Day. Mother shall have physical custody of the children for Mother's Day from 9:00 a.m. to 6:30 p.m. Father shall have physical custody of the children for Father's Day from 9:00 a.m. to 6:30 p.m. F. Memorial Day, July 4th and Labor Day shall be divided 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Mother shall have the later time on July 4th in even numbered years and the earlier time in odd numbered years. Father shall have the later time on July 4th in odd numbered years and the earlier time in even numbered years. The party who has physical custody for the weekend shall have the earlier time on Memorial Day and Labor Day and the other parent shall have the later time. If the holiday coincides with Father's weekend then his period of physical custody shall run from Friday to Monday at 3:00 p.m. G. Vacation. Each party shall be entitled to one uninterrupted week in July and August, provided they give the other party thirty days prior notice. The week shall run from Sunday to Sunday and shall include the party's weekend. 6. Transportation shall be shared such that the parties shall meet at the Walmart on Noble Blvd. in Carlisle, Pennsylvania. 7. Neither party may remove the children from the jurisdiction without prior Order of Court or written agreement of the parties. 8. Neither party shall do nor permit a third party to do, or say anything that would estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 9. This Order is entered pursuant an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc Michael J. Whare, Esquire, Counsel for Father ? Jessica Holst, Esquire, MidPenn Legal Services, Counsel for Mother ./Z4 1146PI mat 'Wrn s- o° C xy --4 ?-n - p C:) 11 C-- tiG GC) SCOTT A. VAILLANCOURT, JR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. SHANETHIA WASHINGTON, Defendant :2005-6264 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Scott A. Vaillancourt, III June 24, 2005 Mother Storm Vaillancourt June 21, 2006 Mother Suriyah Vaillancourt November 24, 2008 Mother 2. A Conciliation Conference was held in this matter on January 4, 2012, with the following individuals in attendance: The Father, Scott A. Vaillancourt, Jr. with his counsel, Michael J. Whare, Esquire and Mother, Shanethia Washington, with her counsel, Jessica Holst, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated January 20, 2006 regarding the child Scott A. Vaillancourt, providing for shared legal and physical custody. Thereafter the parties reconciled and two more children were born to the couple. The Honorable Albert H. Masland entered an Order of Court dated September 29, 2011 and October 31, 2011, providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody on alternating weekends and every Wednesday. 4. The parties agreed to an Order in the form as attached. f ?'? • 14.wa..? Date acq line M. Verney, Esquire Custody Conciliator (n Cl) c'v E Q- 0