HomeMy WebLinkAbout06-5377MATTHEW E. STINE,
Plaintiff
V.
LACY L. SHEETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No.: 640 - S-2 77
IN CUSTODY
CUSTODY COMPLAINT
AND NOW, comes Plaintiff by and through his counsel, Andrew H. Shaw, and brings
this Custody Complaint:
1. Plaintiff is an adult individual residing at 63 Pine Street, Dillsburg, York County,
Pennsylvania.
2. Defendant Sheetz is an adult individual residing at 119 Fox Street, Harrisburg,
Dauphin County, Pennsylvania.
3. Plaintiff seeks custody of the following children (hereinafter "Child"):
a. Logan M. Stine, 12 Junction Road, Dillsburg; age 7 months;
4. The Child was born out of wedlock.
5. The Child is currently residing with Plaintiff at 63 Pine Street, Dillsburg,
Pennsylvania.
6. During the past five years, the Child has resided with the following persons and at the
following address:
a. 110 Apple Drive, Mechanicsburg, Pennsylvania with Plaintiff (11-1-05 to 13-31-
06).
b. 110 Apple Drive, Mechanicsburg, Pennsylvania with Plaintiff and Alainn4
Garlick (4-1-06 to 6-25-06).
c. I10 Tuckahoe Road, Dillsburg, Pennsylvania with Plaintiff, Alainna Garlick, and
Mike Sheetz (6-25-06 to 9-7-06).
d. 63 Pine Street, Dillsburg, Pennsylvania with Plaintiff and Alainna Garlick (9-7-06
to present).
7. Defendant is the mother of the children, and her current residence is 119 Fox Street,
Harrisburg, Pennsylvania. Defendant is single.
8. Plaintiff is the father of the children, currently residing at 63 Pine Street, Dillsburg,
Pennsylvania. Plaintiff is single.
9. Plaintiff currently reside in the home with Alainna Garlick and the Child.
10. 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.
11. Plaintiff has no information of a custody proceeding concerning the Child pending in
a court of this Commonwealth or any other state.
12. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the Child or claims to have custody or visitation rights with respect to the
Child.
13. The best interests and permanent welfare of the Child will be served by granting the
relief requested because of the following facts:
a. Defendant has had no contact with the Child for over four (4) consecutive weeks
on prior multiple occasions;
b. Plaintiff has provided for the Child since birth;
c. Defendant has communicated to Plaintiff that she merely desires visitation rights
with the Child.
d. Defendant has recently taken the Child out of Plaintiff s home and has provided
no information on the Child's whereabouts, and has refused Plaintiff access to the
Child.
14. 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. There are no other persons known to have or claim a right to custody or
visitation of the Child.
WHEREFORE, Plaintiff requests this Court award primary physical and legal custody
of the Child to Plaintiff.
Respectfully,
Date: ' / `T " O By:
Andrew H."Shaw, Esquire
Sup. Ct. ID No.: 87371
200 S. Spring Garden St., Suite'l 1
Carlisle, PA 17013
(717) 254-1776
(717) 254-1794 (facsimile)
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements made herein are subject to the penalties under 18 Pa. C. S. § 4904
relating to unsworn falsification to authorities.
a (p
Matt rw-E.Stine
is
MATTHEW E. STINE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LACY L. SHEETZ
DEFENDANT
06-5377 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, September 20, 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 Thursday, October 26, 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 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/ Hubert X. Gilroy, Es q.
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 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
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: DAUPHIN
Commonwealth of Pennsylvania
Pennsylvania State Constable
Michael P. Maugans
(717Y 545-4448
SERVICE OF PROCESS
vs.
DEFENDANT: NAME and ADDRESS
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L_ NA??'?????? ??? J
Docket No.: 0 6 ".573 7
Date Filed: CuM27r RSA Served upon_ , - 4,9 ? y Z , 5 / t!? , by handing a copy of
Describe Document[,): (Person to be Served)
orAq?1-4 -/w
A eoit c 41 1dA
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on F 7 , at M., at
(Date) (Time)
(Location)
For Landlord/Tenant complaints:
Since none of the above found, served by posting a copy of the complaint conspicuously on the
premises on , at . M.,
(Date) (rime)
at
(Location)
Miles Traveled: I-V-4 ?,
(Signature)
Michael P. Maugans- Constable
AOPC 624-95 (Print Name and Title)
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Process of Service, was served this date on the below named, by
placing same in the United States mail, first-class, postage prepaid thereon, addressed as
follows:
Lacy Sheetz
119 Fox Street
Harrisburg, PA 17109
Defendant
Date: / 0 ,_,? 0
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MATTHEW E. STINE,
Plaintiff
v
LACY L. SHEETZ,
Defendant
NOV 29 2006 mi
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5377
IN CUSTODY
CIVIL ACTION - LAW
COURT ORDER
AND NOW, this III th day of November, 2006, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father, Matthew E. Stine, and the Mother, Lacy L. Sheetz, shall enjoy shared legal
and shared physical custody of Logan M. Stine, born November 1, 2005.
2. Unless the parties agree otherwise, physical custody shall be handled as follows:
A. Mother shall have physical custody of the minor child from Sunday evening at 8:00
p.m. through Thursday evening at 5:30 p.m.
B. Father shall have physical custody of the minor child from Thursday evening at 5:30
p.m. until Sunday evening at 8:00 p.m.
3. The above schedule for physical custody shall be construed to be a pure 50-50 physical
custody arrangement despite the allocation of overnights. This provision shall apply for
this custody Order and for any support litigation that may arise between the parties.
4. Unless agreed otherwise by the parties, the upcoming holiday shall be handled as
follows:
A. For 2006, Father shall enjoy custody of the minor child on Thanksgiving Day
and Mother shall celebrate Thanksgiving with the child on the Friday after
Thanksgiving.
B. For the Christmas holiday, the holiday shall be divided into two segments: the first
segment shall be Christmas eve at noon until Christmas day at noon, and the
second segment shall be Christmas day at noon until December 26th at noon.
These segments shall be alternated with Father having segment one in 2006 and
Mother having segment two in 2006.
5. The parties shall meet again with the Custody Conciliator for a conference on Friday,
January 26, 2007 at 8:30 a.m.
BY THE COURT,
Judge
Cc: Grace D'Alo, Esquire _
Andrew Shaw, Esquire
SO :I Wd R AQN 900Z
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MATTHEW E. STINE,
Plaintiff
v
LACY L. SHEETZ,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5377 CIVIL ACTION - LAW
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Logan M. Stine, born November 1, 2005
2. A Conciliation Conference was held November 17, 2006 with the following parties in
attendance:
The Father, Matthew E. Stine, with his counsel, Andrew H. Shaw, Esquire
The Mother, Lacy L.Sheetz, with her attorney, Grace D'Alo, Esquire
3. The parties agreed to the entry of an Order in the form as attached.
Date: November , , 2006
'?
Hubert X.
Custody C
, Esquire
MATTHEW E. STINE,
Plaintiff
v
LACY L. SHEETZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2006-5377
IN CUSTODY
COURT ORDER
?C-1
AND NOW, this c? day of January, 2007, the Conciliator being advised the
parties have reached an agreement, the Conciliator relinquishes jurisdiction.
1?4 V;?
Hubert X. Gil y, Esquire
Custody Co iliator
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW E. STINE,
PLAINTIFF
V.
LACY L. SHEETZ,
DEFENDANT
No.: 06.5377
CIVIL ACTION - LAW
CUSTODY
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of W. Jeffrey Yates, Esquire, on behalf of the
Plaintiff, MATTHEW E. STINE, in the above captioned matter.
su
W. J r yLYates, squire
Attne IiD. # 40 8
WJefffe, to sq., P. C.
42'5 Market Street, 2nd Floor
Williamsport, PA 17701
(570) 322-4511
yateslaw@comcast.net
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7009 AUG 18 AM S: 41
RENN!SIYANA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW E. STINE,
PLAINTIFF
V.
LACY L. SHEETZ,
DEFENDANT
No.: 06.5377
CIVIL ACTION - LAW
CUSTODY
STIPULATION OF CUSTODY
WHEREAS, Matthew E. Stine (hereinafter "FATHER") and Lacy L. Sheetz,
(hereinafter "MOTHER") are the biological parents of Logan M. Stine, born November 1,
2005. (hereinafter "LOGAN"); and
WHEREAS, by Order of Court dated November 29, 2006, FATHER and
MOTHER agreed to a schedule of visitation concerning LOGAN, a copy of the Order is
attached hereto and incorporated herein by reference and is marked as Exhibit "A"; and
WHEREAS, MOTHER and FATHER desire to enter into a Stipulation of Custody
concerning LOGAN wherein MOTHER knowingly, voluntarily and intelligently agrees to
waive and forego any and all of her parental rights, duties and obligations concerning
the legal and physical custody of LOGAN; and
WHEREAS, MOTHER knowingly, voluntarily and intelligently agrees to assign,
transfer and assign any and all of her parental rights, duties and obligations concerning
LOGAN to the paternal grandparents J. Michael Stine and Julie B. Stine, his wife,
(hereinafter "the STINE'S");
NOW THEREFORE intending to be legally bound, MOTHER, FATHER and the
STINE'S hereto agree as follows:
1. Matthew E. Stine, the FATHER, and J. Michael Stine and Julie B. Stine, the
STINES, shall have joint legal custody of the minor child LOGAN M. STINE, date
of birth November 1, 2005. This means that the parties shall exchange all
information pertaining to the health, education, and welfare of LOGAN, to
include, but not be limited to information from any doctor, dentist, teacher,
school, church, babysitter, child care provider, or any other organization,
institution or authority, and copies of all reports and school records and
information; report cards, progress reports from school, approval of extraordinary
medical and dental treatments, summer school; information concerning any out
of school activities or functions and approval of upcoming events, shall be
provided immediately to the other party so that the other party will have the
opportunity to attend or participate. The parties shall have equal access to all
school and medical records, and each shall have the ability to consult
emergency medical treatment when LOGAN is in the custody of such party.
Furthermore, neither party shall make a unilateral decision(s) that effects major
decisions pertaining to the health, education, religious upbringing, and welfare of
LOGAN without the agreement of the other party. Neither party may make any
joint decisions involving LOGAN without the express agreement of the other
party.
2. MOTHER hereto knowingly, intelligently and voluntarily waives, releases and
forever forgoes any and all legal custody of LOGAN pending any future Order of
Court.
3. The STINE'S shall have primary physical custody of LOGAN.
4. FATHER, shall have partial physical custody of LOGAN at such times and on
such days as FATHER and the STINE'S mutually agree upon and that the
parties determine to be fair and equitable.
5. MOTHER hereto knowingly, intelligently and voluntarily waives, releases and
forever forgoes any and all physical custody of LOGAN pending any future Order
of Court.
6. As to all the recognized holidays, to include, but not be limited to Easter,
Memorial Day, the Fourth of July, Labor Day, Thanksgiving and Christmas, the
STINE'S and FATHER hereto agree to a holiday schedule as the parties
mutually agree upon and that the parties determine to be fair and equitable.
7. MOTHER hereto knowingly, intelligently and voluntarily waives, releases and
forever forgoes any and all physical custody of LOGAN for any and all
recognized holidays pending any future Order of Court.
8. The STINE'S and FATHER hereto agree that they shall, at all relevant times
provide each other with their current address and telephone number for the
purpose of notifying each other of any situations that may arise with LOGAN.
9. The STINE'S and FATHER hereto agree that they shall have no type of contact,
to include, but not be limited to, telephonically, electronically, or in person, either
directly or indirectly, with MOTHER, on any and all issues pertaining to, related to
or dealing with LOGAN, as well as any issues pertaining to, related to or dealing
with MOTHER'S decision that is set forth in this Stipulation as of the date of this
Stipulation.
10. The STINE'S and FATHER hereto agree that they shall have no type of contact
whatsoever, to include, but not be limited to, telephonically, electronically, or in
person, either directly or indirectly, with MOTHER as of the date of this
Stipulation.
11. FATHER and MOTHER hereto agree that the STINE'S shall claim the minor
child as a tax deduction/exemption on all future federal and state tax returns
commencing with the tax returns for the calendar year 2009.
12. The STINE'S and FATHER hereto agree that neither party shall alienate or
attempt to alienate or speak adversely of MOTHER, or allow others to alienate or
attempt to alienate the affection of LOGAN for MOTHER. FATHER and the
STINE'S hereto agree that they shall exert every reasonable effort to foster a
feeling of affection between LOGAN and MOTHER pending further Order of
Court.
13. As the parties' circumstances change from time to time, the parties' shall use
their best efforts to reach agreement on necessary changes to the Stipulated
Custody Agreement, without resorting to the Court. However; if there is a
substantial change in circumstances or otherwise and the parties' cannot agree
to a change, or if one party no longer wishes to continue with a change already
agreed upon, or if there are disputes concerning the Stipulated Custody
Agreement, the parties' shall obey the instant Agreement and Petition the Court
for a Modification of the instant Agreement.
14. Each party has his or her own concept of child rearing, which needs to be
respected. One party shall not criticize the other just because things are not
done the way the first party would do them, or insist that they be done the first
party's way, unless the things being done are harmful or detrimental to the health
and welfare of the minor child.
15. The parties acknowledge and agree that this CustodyNisitation Agreement shall
be approved as an Order of Court.
Witness:
Dated thisi day of 2009
Respectfully
Submitted:
lie B. Stine
W. Ueffrey Yates, Esq.,
425 Market Street,
2nd Floor
Williamsport, PA 17701
(570) 322-4511
yateslaw@comcast.net
J. ti'm,
NOV 2 9 2006 M?
MATTHEW E. STINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06--5377 CIVIL ACTION - LAW
LACY L. SHEET4 IN CUSTODY
Defendant .
COURT ORDER
AND NOW, this day of November, 2006, upon consideratihn of the
attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father,. Matthew E. Stine, and the Mother, Lacy L. Sheetz, shall enjoy shared legal
and shared physical custody of Logan M. Stine, born Novvember 1, 2005.
2. Unless the parties agree otherwise, physical custody shall be handled as follows:
A. Mother shall have physical custody of the :minor child from Sunday evening at 8:00
p.m. through Thursday evening at 5:30 p.m.
B. Father shall have physical custody of the minor child from Thursday evening at 5:30
p.m. until Sunday evening at 8:00 p.m.
3. The above schedule for physical custody shall be construed to be a pure 50-50 physical
custody arrangement despite the allocation of overnights. This provision shall apply for
this custody Order and for any support litigation that may arise between the parties.
4. Unless agreed otherwise by the parties, the upcoming holiday shall be handled as
follows:
A. For 2006, Father shall enjoy custody of the minor child on Thanksgiving Day
and Mother shall celebrate Thanksgiving with the child on the Friday after
Thanksgiving.
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13. For the Christmas holiday, the holiday shall be divided into two segments: the first
segment shall be Christmas eve at noon until Christmas day at noon, and the
second segment shall be Christmas day at noon until December 26th at noon.
These segments shall be alternated with Father having segment one in 2006 and
Mother having segment two in 2006.
5. The parties shall meet again with the Custody Conciliator for a conference on Friday,
January 26, 2007 at 8:30 a.m.
BY THE COURT,
PI -Judge
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Cc: Grace D'Alo, Esquire
Andrew Shaw, Esquire
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h.
MATTHEW E. -STINE,
Plaintiff
v
LACY L. SHEETZ,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5377 CIVIL ACTION - LAW
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 19153-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Logan M. Stine, born November 1, 2005
2. A Conciliation Conference was held November 17, 2006 with the following parties in
attendance:
The Father, Matthew E. Stine, with his counsel, Andrew H. Shaw, Esquire
The Mother, Lacy L.Sheett, with her attorney, Grace D'Alo, Esquire
3. The parties agreed to the entry of an Order in the form as attached.
Date: November t 1 2006
l/
Hubert X. G" oy, Esquire
Custody C tciliator
60/60 39dd S3NO-IVW 9LT6bZLLTL Z5.0T 600Z/ZZ/90
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OF M PROTHONOTARY
2009 AUG 18 Ate Ql. 41
CUR
AUG _I q ZOUy?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW E. STINE,
Plaintiff
V.
LACY L. SHEETZ,
Defendant
No.: 06-5377
CIVIL ACTION - Law
CUSTODY
CONSENT ORDER
?Ih
AND NOW, this 9 day of No% V s , 200 , upon consideration of the attached
Stipulation of Custody agreement of the parties, and pursuant to Pa.R.C.P. No. 1915.7, it is hereby
Ordered and Directed, that the Stipulation of Custody is Approved and shall have the full force and effect
of an Order of the Court.
BY THE COURT:
J
CF TkE
2009 AUG 20 AM ?? 18