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HomeMy WebLinkAbout07-0129 Nichole M. Staley O'Gorman, Esquire PA Atty. ID No. 79866 PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102 Telephone: (717)234-4178 Email: nstaley.~a~pkh.com SHAWN M. FULLERTON, Plaintiff vs. LAURA E. FULLERTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q~'~oc.q IN CUSTODY CIVIL ACTION -LAW COMPLAINT FOR CUSTODY AND NOW COMES Plaintiff, Shawn M. Fullerton, Jr., by his attorneys, Purcell, Krug & Haller, and files the following Custody Complaint: 1. Plaintiff is Shawn M. Fullerton, an adult individual who currently resides at 2153 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Laura E. Fullerton, an adult individual who currently resides at 2153 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks shared legal and physical custody of the following children: ,-- Name Cain M. Fullerton Dillon G. Fullerton Casey J. Fullerton Present Residence Date of Birth/Age 2153 Canterbury Drive 09/15/99 (age 7) Mechanicsburg, PA 17055 2153 Canterbury Drive 04/23/01 (age 5) Mechanicsburg, PA 17025 2153 Canterbury Drive 09/18/02 (age 4) Mechanicsburg, PA 17025 4. The children were not born out of wedlock. 5. The children are presently in the custody of the Plaintiff, Shawn M. Fullerton and the Defendant, Laura E. Fullerton. 6. During the past six (6) years, the children have resided with the following persons at the following address since their birth: Name Laura E. Fullerton and Shawn M. Fullerton Address Mechanicsburg, PA 7. The mother of the children is Defendant, Laura E. Fullerton. Mother is married to the Plaintiff, Shawn M. Fullerton. 8. The father of the children is Plaintiff, Shawn M. Fullerton. Father is married to the Defendant, Laura E. Fullerton. 9. 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. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. 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. 12. The best interests and permanent welfare of the children will be served by granting the relief requested. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant him shared physical and shared legal custody of the minor children. PURCELL, KRUG & HALLER By Ni ole M. aley O'G an, Esquire P rcell, Kru 8~ Haller 1719 North Front Street Harrisburg, PA 17102 I.D. No. 79866 (717)234-4178 Date: I~J~ ~ Attorney for Plaintiff VERIFICATION foregoing 1, ~` M• ~'~' ,hereby verify that the facts contained in the Ganplaint fc~yCuStody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. G~ ~~ Date: ~ 3 0 ~ CERTIFICATE OF SERVICE I, CATHI LEIGH MCADAMS, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the foregoing COMPLAINT IN CUSTODY was made upon the following by Regular Mail, Postage Prepaid on ~' ~ o~ Laura E. Fullerton c/o Michael Jerominski, Esquire TURD LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 Cathi Leigh M dams } ~ `~ M rn ~-- --~ :~~- ~~ ...:. ` ,~ ~~ -- ~ . ~cr_ ~ - ,_ /6 0, ^ i ~4 t~ I ~L~ ~~ SHAWN M. FULLERTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 07-129 CIVIL ACTION LAW LAURA E. FULLERTON DEFENDANT IN CUSTODY O12DF.,R OF COURT AND NOW, Friday, January 12, 2007 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Suuday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA_ 17055 on Tuesday, February_13, 2007 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. Sunday, Esq. ~~,~f`J 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 WFIERE YOU CAN <iET LEGAL HELP. Cumberland County Bar Association 3? South F3edft~rd Street Carlisle, Pennsylvania 17013 Telephone (7l7) 249-3166 ~,1,,,~~;.~;,~~.~~' .. r3~,i''.; ~' ~! 1~.1 Michael Jerominski, Esquire I.D. 92977 TURD LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Mjerominski@Turolaw.com SHAWN M. FULLERTON Plaintiff vs. LAURA E. FULLERTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (J7-129 : IN CUSTODY CIVIL ACTION -LAW ACCEPTANCE OF SERVICE I, Michael Jerominski, Esquire, hereby accept service of the Complaint for Custody on behalf of my client, Laura E. Fullerton, Defendant in the above-captioned action, and acknowledge that I am authorized to do so. DATE: I ~LL /D ~ /yYl. Michael Jerominski,-Esquire I.D. No. 92977 TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 ~ ~ *=' ~ -r7 "' - - a ~ a s ~ h 0....... _ 4 ~~ ` ._ __. - _ .. 5~; ..~ ~..~i ~'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN M. FULLERTON Plaintiff v. LAURA E. FULLERTON, Defendant DOCKET NO. 07-129 CIVIL ACTION -LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of Defendant, Laura E. Fullerton, in the above matter. Dated: 3'S~v't TO THE PROTHONOTARY: TURO LAW OFFICE By i`I'/~~wwt ~1'G, Michael M. Jero mski, Esquire I.D. No. ql°4~~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Laura E. Fullerton, in the above matter. By. McNEE$~W~ACE & NURICK LLG 0. P ~ ul Hel I. . No. 5 1 0 Pine reet P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5343 Dated: 31~ : ~ o ~ ~ O ~~ ~ (~t('~. ~°i ~ ft7 :~?" is flJ v.> ' C7 C~ -y _.. ` y ~ a C~ - ~ i'11 ~ -i .. ---4! ~ :{ APR 8 b 20D7 ,,+~ SHAWN M. FULLERTON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-129 CIVIL ACTION LAW LAURA E. FULLERTON Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z ~ ~ day of ~ ~ I 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Shawn M. Fullerton, and the Mother, Laura E. Fullerton, shall have shared legal custody of Cain M. Fullerton, born September 15, 1999, Dillon G. Fullerton, April 23, 2001, and Casey J. Fullerton, born September 18, 2002. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding a Child back in school, authorizing enrollment in college, authorizing a Child's driver's license or purchase of an automobile, authorizing employment, authorizing a Child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. Y ~ ~ C ~~ ~ ,~:,_, a. _ _ r' ~- ~ :- ""T ri ~ ~ ,-~ j j.i F-- .rc1C :.~1 ~.. tt- '"` © ° C ] c .i . 2. The parties shall have shared physical custody of the Children in accordance with the following schedule: A. The Father shall have physical custody of the Children when he works first shift and on his days off, which occur in the following segments as illustrated for clarification in Exhibit A to this Order: 1. From 5:30 p.m. on the Monday marking the beginning of the Father's four days off preceding his first shift until 10:00 a.m. on the Saturday after his two days off at the conclusion of his first shift. 2. From 8:00 a.m. on the Saturday which is the Father's day off following his second shift unti18:00 a.m. on the Monday thereafter. B. The Mother shall have physical custody of the Children at all times not otherwise specified for the Father. 3. Unless the parties establish other mutually agreeable arrangements for custody on New Year's Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas, the parties shall share having custody of the Children on each of the holidays with the non-custodial parent having custody from 1:00 p.m. unti17:00 p.m. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well being of the Children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from schools, physicians, psychologists, or other individuals concerning the progress and welfare of the Children. 5. The parents shall organize ways for their Children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they maybe in. Each parent shall confer with the other parent before arranging regularly occurring extracurricular activities for a Child which might interfere with the custodial schedule. 6. The parties agree that toys, clothes, and other personal belongings of the Children shall not become matters of contention and the Children shall be entitled to transfer their belongings between households as reasonably appropriate. 7. The parents shall permit and support access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine custodial periods resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 8. The parties agree that each parent shall exercise care in screening babysitting/child care providers and shall have the right of veto over selection of child care providers. The telephone numbers of these providers shall be provided to both parents. The parents should provide one another with a phone number and address where the Children maybe contacted at all times whenever reasonably possible, including vacations and overnights with friends. Each parent shall promptly and politely respond to the other parent's telephone calls. 9. During any period of custody, neither party shall possess or use any controlled substance, consume alcoholic beverages to the point of intoxication, or smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 10. The non-custodial parent shall be entitled to reasonable telephone contact with the Children, which shall not be excessive, as well as daily contact via email with the Children. 11. Neither parent shall permanently relocate if the relocation would necessitate a change in the custody schedule, would result in a change of school for the Children or would exceed a fifty (50) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter resolved through the legal process. 12. Each parent agrees not to attempt to alienate the affections of the Children from the other and will make a special conscious effort not to do so. Both parents shall establish a No-Conflict Zone for their Children and refrain from making derogatory comments about the other parent in the presence of the Children and, to the extent possible, shall not permit third parties from making such comments in the presence of the Children whether the Children are sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent shall refrain from encouraging the Children to provide reports about the other parent. Communications should always take place directly between parents, without using the Children as intermediaries. Each parent should encourage the Children to send the appropriate holiday cards to the other parent. 13. 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. -. cc: ~ole M. Staley O'Gorman, Esquire -Counsel for Father aul Helvy, Esquire -Counsel for Mother BY THE COURT, ---a -~. .s 3 ~ `~' ~ c ,y 7 ,.S r V r «..~a ~ ~ .~~/ o r ..... ~ ~~ r ~'n,~ y ~ ~~ ~ Y ~' ~-~' ~ M ~ ~ ~~ ~ ~ ~ ~.. ~~ ~xN'r/3 ~~ ~" Ky3 i3~~3g1-7-~ dN r SHAWN M. FULLERTON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-129 CIVIL ACTION LAW LAURA E. FULLERTON Defendant IN CUSTODY 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cain M. Fullerton September 15, 1999 Mother/Father Dillon G. Fullerton Apri123, 2001 Mother/Father Casey J. Fullerton September 18, 2002 Mother/Father 2. A custody conciliation conference was held on April 19, 2007 with the following individuals in attendance: the Father, Shawn M. Fullerton, Jr., with his counsel, Nichole M. Staley O'Gorman, Esquire, and the Mother, Laura E. Fullerton, with her counsel, J. Paul Helvy, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~~~ a ~, ~~ ~ Date Dawn S. Sunday, Esquire Custody Conciliator