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HomeMy WebLinkAbout06-1464REBECCA J, SHEARER, Plaintiff V. DORIS and SAMUEL GLUNT, Defendants, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY JASON SHEARER, Defendant. : NO. CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights of custody and visitation of your child. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 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 avail 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. REBECCA J. SHEARER, Plaintiff DORIS and SAMUEL GLUNT, Defendants, V. JASON SHEARER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. C /l/ 6/ CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Ms. Rebecca J. Shearer, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. The plaintiff is Ms. Rebecca J. Shearer, residing at 455 North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. The defendants are Ms. Doris Glunt and Mr. Samuel Glunt, residing at 1894 Esther Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The second defendant is Mr. Jason Shearer, residing at 23 Mt. View Terrace Newville, Cumberland County, PA 17241. 4. Plaintiff seeks partial physical custody of: Name Present Residence Age Kalyn Shearer 1894 Esther Drive 6 Carlisle, PA 17013 The child was not born out of wedlock. 5. The child is presently in the custody of Doris and Samuel Glunt, who reside at 1894 Esther Drive, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years the child has resided with the following persons at the following addresses: Persons Address Rebecca J. Shearer (mother) and Larch St. Jason Shearer (father) Fort Collins, Co Doris Glunt (paternal grandmother) and 1894 Esther Dr. Samuel Glunt (paternal step-grandfather) Carlisle, PA 17013 The mother of the child is Rebecca J. Shearer. She is married, but separated. The father of the child is Jason Shearer. He is married, but separated. Dates 1998-2001 2001- present 6. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Jeff DeV alera Relationship Plaintiff's boyfriend The relationship of the first defendants to the child is that of grandparents. The relationship of the second defendant to the child is that of father. The child was previously found to be dependent. Dependency was terminated on April 15, 2004. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has made dramatic changes in her lifestyle; b. Plaintiff provides the child with a stable environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs while the child is in her care. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her a shift from supervised visitation to unsupervised custodial periods. Respectfully submitted, Date: _'2 f I b I_ (" Sarah Rubright Certified Legal Intern THO S .PLACE ROB T E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 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.C.S. 4904 relating to unsworn falsification to authorities. Ms. Rebecca . Shearer d r ' .'' ri ^7 ? rn (? ' .. r 1 r^ REBECCA J. SHEARER, Plaintiff V. DORIS and SAMUEL GLUNT, Defendants, V. JASON SHEARER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO.Dtf-)')('/ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Rebecca J. Shearer, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys 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, Q ?`? Date 31 0-/06 CG?'k `? e:A&F' ?1 ?Y Sarah Rubright ?j - - Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ca 7 ?. Cn ?_ 3 REBECCA J. SHEARER, DORIS GLUNT IN THE COURT OF COMMON PLEAS OF AND SAMUEL GLUNT PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON SHEARER DEFENDANT 06-1464 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 23, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 28, 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a,-,e five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy,Esc I?11 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 he made at least 72 hours prior to any hearing or business before the court. You must attend the schedulec 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 FOR TI 113ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 60 -,so Jr, REBECCA J. SHEARER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1464 CIVIL ACTION LAW JASON SHEARER, DORIS GLUNT AND SAMUEL GLUNT IN CUSTODY DEFENDANT Cvt-re fed ORDEROFCOURT AND NOW, Thursday, April 06, 2006 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 28, 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a,-,e five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq._ 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 SETT 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 2 sE91 ?? /-,) J r/ REBECCA J. SHEARER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON SHEARER, DORIS GLUNT: IN CUSTODY AND SAMUEL GLUNT, Defendants, NO. 06-1464 CIVIL TERM CERTIFICATE OF SERVICE I, Sarah Rubright, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint on Mr. Samuel Glunt and Ms. Doris Glunt, residing at 1894 Esther Drive, Carlisle, PA 17013, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Mr. Samuel Glunt and Ms. Doris Glunt, on the 3`d day of April 2006 as evidenced by the attached green card. Sarah L. Rubright Certified Legal Intern Lucy Jo " d st -Walsh, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ¦ Print your name and address on the reverse so that we can return the card to you. B. Received ¦ Attach this card to the back of the mailpiece, , or on the front if space permits. 1. Article Addressed to: ?oris??Grr,vel `t?fun? {-bqq t: Ff x Dr1ue cat lr'(k' PSI 1 13 --0 Agent / 0 Addre D. Is delivery address different from Rem 1? U Yell If YES, enter delivery address below: 0 No s,. 3. Service Type IWCertlfled Mail ? Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) dyes 2 7005 0390 0003 2632 6376 PS Form 3811, February 2004 Domestic Return Receipt 10259s-02W540; REBECCA J. SHEARER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON SHEARER, DORIS GLUNT: IN CUSTODY AND SAMUEL GLUNT, Defendants, NO. 06-1464 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this day of J'T, 2006, between Ms. Rebecca J. Shearer, hereinafter Mother, Mr. Jason Shearer, hereinafter Father, and Doris and Samuel Glunt, hereinafter Paternal Grandparents, concerns the custody of the child: Kalyn Shearer, born December, 23, 1999. Mother, Father and Paternal Grandparents desire to enter into an agreement as to the custody of the child. Mother, Father and Paternal Grandparents agree to the following. 1. Mother, Father, and Paternal Grandparent shall share legal custody of the child. All decisions affecting the child's growth and development shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other, and with the view towards obtaining and following the children's best interests which decisions shall include, but not limited to, all medical and dental treatment, religious upbringing, education, scholastic or athletic pursuits, and other extracurricular activities. 2. All parties agree that Mother has fulfilled her requirement of being free from the use of drugs and alcohol for a period of at least 11 months and has obtained the required documented evidence of her fulfillment. 3. Paternal Grandparents shall have primary physical custody of the child. 4. Mother shall have unsupervised periods of partial physical custody of the child as follows: a. Every other weekend beginning Friday at 4: 00 P.M. through the following Tuesday at 8:00 A.M.; b. And at such other times as mutually agreed upon by the parties. 5. Father shall have periods of partial physical custody at a time mutually agreed upon by the parties. 6. Mother, Father and Paternal Grandparents will agree upon drop off and pick up times and locations. 7. Mother, Father and Paternal Grandparents will agree upon which holidays child will spend with each party. 8. Mother, Father and Paternal Grandparents will notify each other of all medical care the child receives while in that person's care. Mother, Father and Paternal Grandparents will notify the others immediately of medical emergencies which arise while the child is in that person's care. 9. No party will do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love and respect for the other parties. 10. All parties shall refrain from abusing alcohol and/or drugs and the child may not be in the presence of anyone abusing alcohol and/or drugs. 11. Mother shall not permit the boyfriend, Jeffrey DeValera, to be left alone with the child. 12. Father and Paternal Grandparents acknowledge that the Family Law Clinic represented only Mother's interest in this matter and has not given the other parties no legal advice other than that he should seek the advice of legal counsel. 13. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. a Ms. Rebecca J. S rer, Plaintiff sC?? 1, } Sarah L. Rubright Certified Legal Intern Counsel for Plainti f ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Counsel for Plaintiff Mr. Jason Shearer, Defendant Mrs. Doris Glunt, Defendant Mr. Samuel Glunt, Defendant Megan Malone, Esquire Counsel for Paternal Grandparents 10. All parties shall refrain from abusing alcohol and/or drugs and the child may not be in the presence of anyone abusing alcohol and/or drugs. 11. Mother shall not permit the boyfriend, Jeffrey, to be left alone with the child. 12. Father and Paternal Grandparents acknowledge that the Family Law Clinic represented only Mother's interest in this matter and has not given the other parties no legal advice other than that he should seek the advice of legal counsel. 13. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. Ms. Rebecca J. Shearer, Plaintiff Sarah L. Rubright Certified Legal Intern Counsel for Plaintiff ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCYJOHNSTON-WALSH WILLIAM G. MARTIN Counsel for Plaintiff r. Jason Shearer, Defendant ?J , Mrs. Doris 06nt, Defendant C Mr. Samuel Glum, Defendant ?G ,( /'hxx MeganMalone, Esquire Counsel for Paternal Grandparents C; - ? - N REBECCA J. SHEARER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JASON SHEARER, DORIS GLUNT and : SAMUEL GLUNT, : NO. 2006-1464 Defendant : IN CUSTODY COURT ORDER AND NOW9 this -,W day of May, 2006, The Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. 44?e ubert X. Gilroy, Esquire Custody Conciliator S ,S ry 4vf • :IMI J ?- MAY 0 5 2006 REBECCA J. SHEARER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON SHEARER, DORIS GLUNT: IN CUSTODY AND SAMUEL GLUNT, Defendants, NO. 06-1464 CIVIL TERM ORDER OF COURT AND NOW, this (day of ?b _, 2006, the attached Custody Agreement is approved and entered as an Order of Court. BY THE COURT, J. -o? . ,o VVVAIASNN3d 81 :1 Wd 6- M 9001 A1VIONO1?. dd 3HI dO goujCKo3lkd REBECCA J. SHEARER, Plaintiff, V. DORIS GLUNT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-1464 CIVIL TERM IN CUSTODY PETITION FOR LEA VE TO WITHDRA W Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further representation of Rebecca J. Shearer, pursuant to Pa.R.P.C. 1.16(a) and Pa.R.C.P. 1012(b), and in support therefore avers the following: 1. On March 16, 2006, the Family Law Clinic filed a Complaint for Custody on behalf of Plaintiff, Rebecca J. Shearer. 2. An Order of Court was issued on May 9, 2006, granting Rebecca J. Shearer shared legal custody and unsupervised periods of partial physical custody of her daughter, Kalyn Shearer, born December 23, 1999. 3. Since May 9, 2006, a conflict of interest has arisen under Pennsylvania Rules of Professional Conduct 1.7(2) and 1.8(k) that would preclude the Family Law Clinic's continued representation of Rebecca J. Shearer. 4. Pursuant to Rule 208.2(d), concurrence of opposing counsel was not obtained, as Defendant apparently is no longer represented by counsel. WHEREFORE, the Family Law Clinic respectfully requests leave to withdraw as counsel for Plaintiff, Rebecca J. Shearer. Date: C?J ?6 Respectfully Submitted, Susan Plano Certified Legal Intern THO ACE ROBERT . RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Rebecca J. Shearer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4033 CIVIL TERM Doris G1unt, Defendant : IN CUSTODY CONSENT TO WITHDRAWAL OF COUNSEL I, Rebecca J. Shearer, understand that, due to a conflict of interest, the Family Law Clinic can no longer represent me in my custody matter, and I consent to their withdrawal as my legal counsel of record. Date ? AW Rebecca J. Shearer, laintiff ,r;... ?r1 xp'TS CIL, REBECCA J. SHEARER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-1464 CIVIL TERM DORIS GLUNT, Defendant : IN CUSTODY AMENDED PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further representation of Rebecca J. Shearer, pursuant to Pa.R.P.C. 1.16(a) and Pa.R.C.P. 1012(b), and in support therefore avers the following: 1. On March 16, 2006, the Family Law Clinic filed a Complaint for Custody on behalf of Plaintiff, Rebecca J. Shearer. 2. The Honorable Judge Merle L. Ebert, issued an Order of Court on May 9, 2006, granting Rebecca J. Shearer shared legal custody and unsupervised periods of partial physical custody of her daughter, Kalyn Shearer, born December 23, 1999. 3. Since May 9, 2006, a conflict of interest has arisen under Pennsylvania Rules of Professional Conduct 1.7(2) and 1.8(k) that would preclude the Family Law Clinic's continued representation of Rebecca J. Shearer. 4. Pursuant to Rule 208.2(d), concurrence of opposing counsel was not obtained, as Defendant apparently is no longer represented by counsel. 5. Plaintiff's Affidavit of Consent for Withdrawal is attached. 1 WHEREFORE, the Family Law Clinic respectfully requests leave to withdraw as counsel for Plaintiff, Rebecca J. Shearer. Respectfully Submitted, Date: Susan C. Plano Certified Legal Intern THbMAytvt LACE ROBER E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Rebecca J. Shearer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA aoac, - 1 `/G?l V. : NO. 2OW-4633 CIVIL TERM Doris Glunt, Defendant : IN CUSTODY CONSENT TO WITHDRAWAL OF COUNSEL I, Rebecca J. Shearer, understand that, due to a conflict of interest, the Family Law Clinic can no longer represent me in my custody matter, and I consent to their withdrawal as my legal counsel of record. Date Rebecca J. Shearer, Plaintiff ,-•' ... -.,.? C3 _ ' ?? _.... rn -r_, ?- ? ? --, r? " u.? ? =r! f.?.) `? 7 C+? ' ti rJUL 0 0 aw" A. V REBECCA J. SHEARER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA 66-NGH V. : NO. 04.1-781 CIVIL TERM DORIS GLUNT, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 2007 upon consideration of the attached Petition for Leave to Withdraw and the signed Consent to Withdrawal of Counsel by Plaintiff Rebecca J. Shearer, it is hereby ordered and directed that the Family Law Clinic is granted leave to withdraw from further representation of Plaintiff. BY THE COURT: ?=C F A J, v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA J. SHEARER, No. 06-1464 Plaintiff Civil Action V. JASON SHEARER, DORIS GLUNT IN CUSTODY and SAMUEL GLUNT, Defendants PETITION TO ENTER CUSTODY AGREEMENT AND STIPULATION AS AN ORDER OF COURT AND NOW, this 7M day of November, 2007, comes the Petitioners, Doris Glunt and Samuel Glunt, by and through their attorneys, Knight & Associates, P.C., and files the following Petition to Enter Custody Agreement and Stipulation as an Order of Court and in support thereof avers as follows: 1. The Petitioners are Doris Glunt and Samuel Glunt, adult individuals residing at 1894 Esther Drive, Carlisle, Pennsylvania. 2. The Respondents are Rebecca J. Shearer, an adult individual residing at Pike Motel, Room #110, 1211 Harrisburg Pike, Carlisle, Pennsylvania, and Jason Shearer, an adult individual residing at 135 S. Belvedere Street, York, Pennsylvania. 3. The parties are the natural parents of the minor child, Kalyn Shearer ("Kalyn"), born December 23, 1999. 4. The parties desire changes in the Custody Order previously entered in this matter. 5. The parties have signed a Custody Agreement and Stipulation which is attached to this Petition and made a part hereof. 6. Respondents are not represented in this matter. WHEREFORE, Petitioners request that this Honorable Court enter the attached Custody Agreement and Stipulation as an Order of Court. Respectfully submitted, Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioners FAUser Folder\Firm Docs\Gendocs2007\4129-1 Doris G1unt\pet.euter.agt.order.wpd KNIGHT & ASSOCIATES, P.C. VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made by Petitioners' counsel based upon information provided by Petitioners to Petitioners' counsel regarding the factual averments contained herein. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. Sean M. Shultz, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA J. SHEARER, No. 06-1464 Plaintiff Civil Action V. JASON SHEARER, DORIS GLUNT IN CUSTODY and SAMUEL GLUNT, Defendants CERTIFICATE OF SERVICE AND NOW, this 714*1 day of November, 2007, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Petition to Enter Custody Agreement and Stipulation as an Order of Court by first class, United States Mail, Certified, Return Receipt Requested, Restricted Delivery, postage pre-paid, addressed as follows: Rebecca J. Shearer Pike Motel Room #110 1211 Harrisburg Pike Carlisle, Pennsylvania 17015 Jason Shearer 135 S. Belvedere Street York, Pennsylvania 17401 Respectfully submitted, KNIGHT & ASSOCIATE Y-1? Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA J. SHEARER, No. 06-1464 Plaintiff Civil Action - Law V. IN CUSTODY JASON SHEARER, DORIS GLUNT and SAMUEL GLUNT, Defendants CUSTODY AGREEMENT AND STIPULATION THIS AGREEMENT, made this 7 f"" day of A)&R*m o ' 2007, by and between Plaintiff, Rebecca J. Shearer, residing at Pike Motel, Room #110, 1211 Harrisburg Pike, Carlisle, Pennsylvania, hereinafter referred to as "Mother," Jason Shearer, residing at 135 S. Belvedere Street, York, Pennsylvania, hereinafter referred to as "Father," and Doris Glunt and Samuel Glunt, residing at 1894 Esther Drive, Carlisle, Pennsylvania, hereinafter referred to as "Grandparents," or collectively referred to as "the Parties." WHEREAS, The parties desire to provide for the custody of the child, Kalyn Shearer, born December 23, 1999, hereinafter referred to as "Kalyn." WHEREAS, the parties desire the provisions of the present Custody Agreement and Stipulation to be approved by this Honorable Court and entered as a court order with the same force and effect as though said order had been entered after Petition, Notice and Hearing. NOW, THEREFORE, the Parties, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound, do hereby covenant, promise and agree as follows: Page 1 of 4 / r 1. Grandparents shall have sole legal custody of Kalyn as per the Stipulation of Agreement and Order of Court dated April 5, 2004, docketed at 209 Juvenile 2001. Grandparents shall have the right to determine the nature of Kalyn's care and treatment and the right and duty to provide for the care, protections, training and education, and the physical, mental and moral welfare of Kalyn. Grandparents shall also have the right to make other decisions on behalf of Kalyn to include her travel, driver's license, marriage and enlistment in the armed services. 2. Grandparents shall have primary physical custody of Kalyn, subject to the following periods of custody: a. Mother's parents, Bonnie and Barry Chestnut shall have periods of partial custody of Kalyn every other weekend, from Friday to Monday after school. Mother may be present for these visits, but must be supervised at all times by Mr. or Mrs. Chestnut. Changes may be made to this Agreement, i.e., holidays, etc. with the mutual agreement of Grandparents and Mr. and Mrs. Chestnut. b. Father shall have periods of partial custody at a time mutually agreed to by Grandparents. 3. Mother must have documented evidence that she has been free from use of drugs and alcohol for a period of at least twelve months before she can petition the Court to change this visitation plan. 4. This agreement may be modified if mutually agreed upon by all parties. 5. The Parties agree that this Custody Agreement and Stipulation shall be made an order of court. Page 2 of 4 J 6. This Agreement may be modified in writing by the Parties' mutual consent at any time without resort to the Court. IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. WITNESSED BY: f SEAL) ebecca . Sheare (SEAL) ;5J;as?on Shearer ? /-ArJ 5 ? (-c-? (SEAL) Doris Glunt C (SEAL) Samuel Glunt COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On the day of , 2007, before a Notary Public, personally appeared Rebecca J. Shearer, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. Notary Public Page 3 of 4 A . N COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On the day of , 2007, before a Notary Public, personally appeared Jason Shearer, known to me to be the person whose name is subscribed to the within document, and acknowledged that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. Notary Public COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On the Zk day of 2007, before a Notary Public, personally appeared Doris Glunt and Samuel Glunt, known to me to be the persons whose names are subscribed to the within document, and acknowledged that they executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my d and Notarial Seal. COMMONWEALTH OF PENNSYLVANIA Notary Public Notarial Seal Dolly M. Housel, Notary Public Middlesex Twp., Cumberland County My Commission Expires Sept. 24, 2010 Member, Pennsylvania Association of Notaries Page 4 of 4 r•a ca t irnm W f -G 4 23 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA J. SHEARER, No. 06-1464 Plaintiff Civil Action V. JASON SHEARER, DORIS GLUNT IN CUSTODY and SAMUEL GLUNT, Defendants ORDER OF COURT *v14 WK ?h AND NOW, this day of 1?oV• , 2007, it is hereby ordered that upon the within Petition to Enter Custody Agreement and Stipulation as an Order of Court filed, by Defendants, Doris Glunt and Samuel Glunt, the within Custody Agreement and Stipulation is hereby made an Order of Court. BY THE COURT, ,\\,\ ?A' 'X-A. ---i- J. r ? O V ?u.lv?cP;h L"IRV blRONIOOZ 30I2-',--0311.40