Loading...
HomeMy WebLinkAbout06-5283IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT Plaintiff N0. D ~. S~ k3 CIVIL TERM v. CIVIL ACTION -LAW MARK E. SHUTT IN CUSTODY Defendant CUSTODY COMPLAINT 1. The Plaintiff is Sharon J. Shutt, residing at 4200 Roth Farm Village Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 2. The Defendant is Mark E. Shutt, residing at 70 Ashford Drive, Enola, Pennsylvania 17025. 3. Plaintiff seeks custody of the following children: NAME PLACE OF RESIDENCE AGE D.O.B. Natalie Shutt 4200 Roth Farm Village Circle 12 10!31 /93 Mechanicsburg, PA 17050 Adam Shutt 4200 Roth Farm Village Circle 10 4/3196 Mechanicsburg, PA 17050 4. The children were not born out of wedlock. 5. The children are presently in the custody of the Mother who resides at 4200 Roth Farm Village Circle, Mechanicsburg, PA 17050. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Sharon J. Shutt 4200 Roth Farm Village Circle 4125!06 to present Mechanicsburg, PA 17050 Sharon J. Shutt 306 Sarhelm Road 1 /27!06 to Harrisburg, PA 17112 4/25/06 -1- PERSONS ADDRESSES DATES Sharon J. Shutt 5107 Inverness Drive 116i0b to 1127106 Mechanicsburg, PA 17050 Sharon J. Shutt 5170 Inverness Drive 9/6!01 to 1 /6/06 Mark E. Shutt Mechanicsburg, PA 17050 7. The mother of the children is Sharon J. Shutt currently residing at 4200 Roth Farm Village Circle, Mechanicsburg, PA 17050. 8. The mother is married. 9. The father of the children is Mark E. Shutt currently residing at 70 Ashford Drive, Enola, Pennsylvania 17025. 10. The father is married. 11. The relationship of Plaintiff to the children is that of Mother. 12. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Natalie Shutt Daughter Adam Shutt Son 13. The relationship of Defendant to the children is that of Father. 14. The Defendant currently resides with the following persons: NAMES RELATIONSHIP None 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 16. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. -2- 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 18. The best interest and permanent welfare of the children will be served by granting the Plaintiff primary physical custody of the children subject to Defendant's rights of partial physical custody of the children. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to enter an order granting: A. shared legal custody; B. primary physical custody of the children to Plaintiff; C. Partial physical custody of the children to Defendant. Respectfully submitted, D SQUIRE /' 48 T ' le Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 ID No. 32112 Date: September 7, 2006 -3- VERIFICATION I verify that the statements made in this Custody 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. Date: ~ ~~ ~o ~~~~~~~~ -~~ Sharon J. Shutt -4- ~~ °C1 C /~~r 1~ 'F LT`S C~ h.J _. ,._a ~J R rte'' ---! ~~ T, ~~'_ `- _ - i r ~ .. ~ ~.7 ~: ' ' 'o SHARON J. SHUTT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARK E. SHUTT DF..,FENDANT • 06-5283 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 14, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawa S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 19, 2006 at 9:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pieas 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 ]east 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~~ ~~ ~ ~~ ~~ ~~~ ~~~~~, rv~ a ~ ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT Plaintiff N0. 06-5283 CIVIL TERM v. CIVIL ACTION -LAW MARK E. SHUTT IN CUSTODY Defendant ACCEPTANCE OF SERVICE I, John J. Connelly, Jr. Esquire, attorney for the Defendant in the above captioned action hereby accept service of the Custody Complaint. I certify that I am authorized to accept service on behalf of the Defendant. Date: ~ ~~ Hershey, PA 17033 Phone: 533-3280 q Supreme Court ID # r~l ~~ ~ r` ~ ~ Ei i't ti',~ "' ~ ~ ' " ~ _ 7 ;~ _, "`Cd ~ T 3 t' ' " fi " ? -_~; L, ''~ i ~' ~ ~ ` ~ ~y ~ ,.. ` , . ~ ~ ~ ~"' ~ .. i ~J ~ Gfi °C SHARON J. SHUTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-5283 CNIL ACTION LAW MARK E. SHUTT Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of ~J a ~ 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and their minor Children to a custody evaluation to be performed by Deborah Salem or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. All costs of the evaluation shall be shared equally between the parties. 2. Pending completion of the custody evaluation and further agreement of the parties or Order of Court, the parties shall continue to follow their existing custody schedule under which the Father has custody of the Children on alternating weekends from Friday through Sunday and two weekday overnights each week and the Mother has custody at all other times. 3. The parties shall have shared legal custody of the Children. 4. Within sixty days of receipt of the evaluator's custody recommendations, counsel for either party may contact the conciliator to schedule an additional Custody Conciliation Conference, if necessary. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Cc: Diane G. Radcliff, Esquire, counsel for Mother John J. Connelly, Jr., Esquire, counsel for Father l ~ - ~ --z1 Co ~.~-~t~ `~ r!"a i r.. C d -,i ~ ~ SHARON J. SHUTT Plaintiff vs. MARK E. SHUTT Prior Judge: none IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5283 CIVIL ACTION LAW IN CUSTODY Defendant 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 Natalie Shutt October 31, 1993 Mother Adam Shutt Apri13, 1996 Mother 2. A Custody Conciliation Conference was held on October 25, 2006, with the following individuals in attendance: The Mother, Sharon J. Shutt, with her counsel, Diane G. Radcliff, and the Father, Mark E. Shutt, with his counsel, John J. Connelly, Jr. 3. The parties agreed to entry of an Order in the form as attached. ~~d l~il ~ G ~3-oyLr Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT Plaintiff N0. 06-5283 CIVIL TERM v. CIVIL ACTION -LAW MARK E. SHUTT IN CUSTODY Defendant STIPULATED CUSTODY AGREEMENT AND NOW This 20'~ day of A1~2~C. , 2007, Sharon J. Shutt, ("Mother") and Mark E. Shutt, ("Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor children, to wit: Natalie Shutt born on 10/31 /1993, and Adam Shutt born on 04/03/1996 (the "Children"): A. LEGAL CUSTODY: The Parents shall have shared legal custody of the Children. 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.A. §5309, each Parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other Parent. To the extent one Parent has possession of any such records or information and said records are not reasonably available to the other Parent, 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. B. PHYSICAL CUSTODY: :The Parents shall share physical custody of the Children in accordance with the following custody schedule: 1. Father's School Year Periods: During the Children's school year, Father shall have physical custody of the Children: 1.a. On alternating weekends from Friday after school until Sunday evening at 8:00 pm; 1.b. On each Tuesdays overnight from after school on Tuesday until Wednesday morning when he shalt deliver the Children to school; -1- 1.c. On each Thursday overnight from after school on Thursday until Friday morning when he shall deliver the children to school. 2. Mother's School Year Periods. During the Children's school year, Mother shall have physical custody of the Children: 2.a. On alternating weekends from Friday after school until Tuesday when she shall deliver the Children to school; 2.b. On each Wednesday overnight from after school on Wednesday until Thursday morning when she shall deliver the Children to school. 3. Holidays/Special Days: Physical custody for major holidays and special days shall be in accordance with the following schedule: HOLIDAYS Et TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 8pm the evening before the Mother Father holiday until 8pm the day of the holiday Memorial Day From 8pm the evening before the Father Mother holiday until 8pm the day of the holiday July 4th From 8pm the evening before the Mother Father holiday until 8pm the day of the holiday Labor Day From 8pm the evening before the Father Mother holiday until 8pm the day of the holiday Thanksgiving Day From 8pm the evening before the Mother Father holiday until 8pm the day of the holiday Christmas #1 From 12/24 at gam until 12/25 at 1 pm Father Mother Christmas #2 12/25 at 1 pm until 12/26 at 8pm Mother Father Mothers Day From 8pm the evening before the Mother Mother holiday until 8pm the day of the holiday Fathers Day From 8pm the evening before the Father Father holiday until 8pm the day of the holiday -2- 4. Summer Schedule: During the Children's school summer vacation period, commencing with the first (15`) Sunday after the end of school through the last Sunday before school recommences in the fall, the Parents shall alternate custody of the Child on a weekly basis. Each week shall run from Sunday at 8:00 p.m. and shall end the following Sunday at 8:00 p.m. The parent not having custody of the Child for the weekend preceding this summer schedule shall have custody for the first (1ST.) alternating week. 5. Extracurricular Activities: Both Parents shall honor and participate in the activities that the Children wishes to engage in. During a Parent's custodial period, that Parent shall make certain that the Children attends any extracurricular activities and will transport the Children to and from such activities and the preparation and practice of the activities that are scheduled, in such time so that the Children is able to participate in those activities. Neither Parent shall, however, commit the Children to activities that fall during the other Parent's periods of custody without the consent of the other Parent, which consent shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shall not be required to take the Children to an activity if that Parent is out of town during the activity. In the event the custodial Parent is unable to deliver the Children to a particular activity, he or she shall notify the other Parent who shall be entitled to pick up and deliver the Children to the activity and the custodial Parent shall make certain that the Children is ready for pick up in time to timely attend the activity. 6. Precedence: The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 7. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents. The Parent receiving custody of the Children shall provide the transportation for that custodial exchange. 8. Unavailability: In the event either Parent is unavailable to exercise his or her custody rights for a period of four (4) hours or more, the other Parent shall have the right of first refusal to have physical custody of the Children for the period of unavailability before the Children are placed with any third party. 9. Modification: The Parents shalt be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, but both Parents must be in complete agreement to any new or modified terms. -3- C. ENTRY OF COURT ORDER: The parties authorize the Court of Common Pleas of Cumberland County Pennsylvania to enter an order incorporating the terms of this Stipulated Custody Agreement. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: f ~ ~;.~ , t'~/i.,°~~ 1 '~ 1~~~~~~ {SEAL} SHARON J. SHUTT,~ Date: ~ / Z 0/x'7 U ~/ I ~.,P~ ~-.-(~~ {SEAL} MAR E. SHUTf Date: i -4- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT Plaintiff N0. 06-5283 CIVIL TERM v. CIVIL ACTION -LAW MARK E. SHUTT IN CUSTODY Defendant CERTIFICATION OF PRIOR JUDGES ASSIGNED TO CASE Pursuant to Cumberland County Local Rules of Court, I, Diane G. Rsdcliff, Esquire, hereby certify that the only judge(s) assigned to this case are as follows: 1. J. Wesley Oler, Jr. entered the prior Custody Order following the Conciliation. 2. Related divorce action docketed to No. 05-4634, the Decree in Divorce was entered by Edward E. Guido. 448 Tri n Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff Respectfully submitted, ~::~ - r~ rte ~~ =r{ --'~ ~~ © , (L C;~:? °t '~ ti,_1 . ~ Cs_~ ~. :<.3 ~ (pOl I 0 AtlW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT Plaintiff N0. 06-5283 CIVIL TERM v. CIVIL ACTION -LAW MARK E. SHUTT IN CUSTODY Defendant CUSTODY ORDER AND NOW, this ~~jday of , 2007, upon consideration of the within Stipulated Custody Agreement, IT IS HEREBY RDERED AND DECREED that the Parents' Stipulated Custody Agreement is incorporated into this Order and entered as an Order of this Court the same of if fully set forth herein. BY THE COURT: J. Distribution to: Attorney for Plaintiff: ne .Radcliff, Esquire, 3448 Trindle Road Cam Hill PA 17011 P Attorney for Defendan • ohn J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 ~ ~~ Zr G `~ ~=F:~ C} ~' ~~ Fsf4~ ~lillG ,~~.~~,~ ~ t}113 ~..~<< - .