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Home My WebLink About94-01986 ~ - - j ~ f ,..1 ! ~I d, I , 1 I ~! ~I .......... ~ 0-. ! . Dc'c:ocah \<.... ~'no..)\ \1:. r Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA v. . \:)0.'-.)\ ~ \-\ I 0"-...)\ \1:. (' Defendant : CIVIL ACTION LAW :' NO. \9~<O CIVIL 19 q,-\ : CUSTODY VISITATION ORDER OF COURT And now, this~, upon consideration ofthe attached complaint, it is hereby directed that the above parties and their re~ective counsel appear before \ r . \ , Esquire, the conciliator, at. . \', \ '., , Pennsylvania, on the (;., day of , 1999, at.9 : ',?,() .@' P.M., for a Pre-hearing Custody Conference. At sucli 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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: l~~~ \ --y.~ Custody Conciliator (1'!:l,) 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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 P ka SE 4> b c..t.. 10 -n L'i. . J. f/r..sS CUMai:.HLi~~J COUN1Y PENNSYLVANIA F1lr:o..O~rICE OF ~,,:- r..r:....\1UI','.'''TAnv I', .,'" -'., .....J 1'\&11 99 ~Pr: '2 Pr112: 39 )j.p.?f w. "o/~~~4-4/~ ';'I,;).~ 7Hf;:< ~ ~ ~ ?"/.;J.7'y @j??,JaeHf:-' .,f, ~~ - , ) DEBORAH K SHULLER, Respondent/Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1986 DAVID H. SHULLER, Petitioner/Defendant CIVIL ACTION - LAW : CUSTODY ORDER OF COURT ; You, Deborah K Shuller, Plaintiff in the above~ptioned custody action, have been sued in court to obtain custody, partial custody or visitation of the following children: Dylan H. Shuller, DOB 11/24/91, and Devin K Shuller, DOB 613/94. You are ordered to appear in person at (!t-t.f./,;{>1,(I7 'n, ff ,.j , on the .:J -of dayof~) nil, ), (',) , 1999, at / /; (7/ (:..1_ .m., for: X a conciliation or mediation conference. . N -A ,'_ .J" 1.." d' n ;/" ~ a pretrial conference. X a"h~~ri~if~f~~he court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or tho Court may issue a warrant for your arrest. 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. Cumberfand County Bar Association 2 Liberty Avenue Carfisle, PA 17013 (717) 249-3166 BY THE COURT: Dated: ...J/'<.'1h'i J. i~ I l . WIOBELS.& WELCH 1400 North Second SInot HurbburJ, P^ 17102 (717) 221.0900 MAR28~ I , , - ~ DEBORAH K SHULLER, Respondent/Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No, 94-1986 DAVID H. SHULLER, Petitioner/Defendant : CIVIL ACTION - LAW : CUSTODY i I I I I ORDER OF COURT AND NOW, this day of , 1999, upon consideration of Defendant's Petition for Emergency Relief, it is hereby ordered and decreed that temporary primary physical custody of the parties' minor children, Dylan H. Shuller, DOB 11/24/91, and Devin K Shuller, DOB 6/3/94, shall be with father pending scheduling of a conference, hearing, or trial on the matter. BY THE COURT: J. DEBORAH K. SHULLER, RespondenUPlaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1986 v. DAVID H. SHULLER, Petitioner/Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT You, Deborah K. Shuller, Plaintiff in the above-captioned custody action, have been sued in court to obtain custody, partial custody or visitation of the following children: Dylan H. Shuller, DOB 11/24/91, and Devin K Shuller, DOB 6/3/94. You are ordered to appear in person at day of , 1999, at , on the ,m., for. a conciliation or mediation conference, a pretrial conference, a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BY THE COURT: Dated: J. J. t~<:., ;.~-;::::::~"'~-,,~~' " v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1986 DEBORAH K. SHULLER, RespondenUPlaintiff DAVID H. SHULLER, Petitioner/Defendant CIVIL ACTION - LAW CUSTODY 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 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. BY THE COURT: DEBORAH K. SHULLER, RespondenUPlaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94.1986 v. DAVID H. SHULLER, Petitioner/Defendant CIVIL ACTION - LAW CUSTODY DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner/Defendant, David H. Shuller, by and through his attorney, Jeanne B, Wigbels, Esquire, and avers the following in support of this Petition for Emergency Relief: 1. The PetitionerlDefendant, David H. Shuller, is an adult individual who currently resides at 341 South Union Street, Middletown, Dauphin County, Pennsylvania 17057. 2. The RespondenUPlaintiff, Deborah K. Shuller, is an adult individual who currently resides at 420 North 5th Street, Newport, Perry County, Pennsylvania 17074, 3. There are two dependent children of the parties, namely Dylan H. Shuller, DaB 11/24/91, and Devin K Shuller, DaB 6/3/94, 4. Petitioner seeks primary of the following children: Name Present Residence Ace. Dylan H. Shuller 420 North 5th Street 7 Newport, PA 17074 DaB 11/24/91 420 North 5th Street 4 Newport, PA 17074 DaB 613/94 Devin K Shuller The children were not born out of wedlock, . The children are presently in the custody of their mother, Respondent, Deborah K Shuller, who currently resides at 420 North 5th Street, Newport, PA 17074. Since the date of the last custody order entered in October of 1995 at the above docket, the children have resided with the following persons and at the following addresses: Name Address Dates Deborah K Shuller, Respondent Michael Robinson (her minor son) 420 North Fifth Street Newport, PA 17074 1999 to date Deborah K Shuller, Respondent 320 Linton Hill Road Roy Robinson (her boyfriend) Duncannon, PA 17020 Michael Robinson (Respondent's minor son with Roy Robinson) 1996-1998 The mother of the children is Respondent, Deborah K Shuller, currently residing at420 North Fifth Street, Newport, Perry County, PA 17074. The father of the child is Petitioner David H. Shuller, currently residing at 341 South Union Street, Middletown, Dauphin County, Pennsylvania, 17057. Petitioner and Respondent are divorced, 5. The relationship of the Petitioner to the children is that of natural father. The Petitioner currently resides with the following persons: Georgia Shuller, his wife. . The relationship of the Respondent to the children is that of natural mother. To Petitioner's knowledge, Mother currently resides with the subject children and her other minor son, Michael Robinson, age two. 6. There are two court orders at the above docket number currently in effect, both of which are dated October 16, 1995 and are signed by the Honorable Harold E. Sheely, These orde~s are attached hereto as Exhibit A. 7. Petitioner does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 8. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Petitioner is the natural father of the children, (b) Petitioner has established a relationship with the children. (c) Petitioner desires to continue exercising parental duties and enjoys the love and affection of the children. (d) The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural father. (e) The children would benefit from custody being transferred to their natural father because of the current situation, which is explained in detail in paragraphs ten (10) through seventeen (17) below. 9. 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. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Petitioner respectfully requests that he be granted temporary primary physical custody of his children pending a hearing or conference on the matters set forth herein. PETITION FOR EMERGENCY RELIEF - REQUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY 10. Paragraphs one (1) through (9) are hereby incorporated be reference as though fully set forth. 11. Petitioner believes the children will suffer needless irreparable harm and may be in danger if custody is not immediately temporarily transferred to him for the following reasons: (a) Respondent has been on a drinking binge for several weeks. (b) Respondent dropped her 2-year-old son while drunk. (c) Respondent has been driving drunk with her children in the car and she has a history of wrecking cars. (d) Respondent often hires baby-sitters for long periods of time while she is out gelling drunk. (e) Respondent has a history of alcohol problems and has been in a rehabilitation center in the past. (f) Respondent is currently in need of alcohol treatment and should not have custody of the children until she provides proof of successful completion of an alcohol treatment program. . WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting him primary physical custody of his children pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted: By: ~ Dated: 7(,/;'[;('19 , Jean e B. Wigbels, Esquire ATTORNEY FOR PETITIONER 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. 10 No. 68735 ..... --"'" -,---~,-- DEBORAH K. SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 94-1986 DAVID H. SHULLER, Defendant CIVIL ACTION - LAW CUSTODY VERIFICATION I, DAVID H. SHULLER, hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief, I understand that faIse statements herein are made subject to the penalties of 18 Pa, C.S, ~4904, relating to unsworn falsification to authorities. Date:(fJ/1/lLh Z L, 1J9? / Signature: ~\ ~ l I v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1986 DEBORAH K SHULLER, RespondenUPlaintiff DAVID H. SHULLER, Petitioner/Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Wigbels, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the following attorney of record for PlaintifflRespondent in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by faxing a copy to the facsimile number below and by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Paul Orr, Esquire 50 East High Street Carlisle, PA 17013 FACSIMILE NO. 258-5289 BY: I~ \ nne B. Wigbels, Esquire A ORNEY FOR PETITIONER 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Cl. ID No, 68735 DATED: ~'ftff ~,,~'''~11l EXHIBIT A r,-,'" ,.....-"~~:',~.':': '"<':',<':'~~ ';'"" '. . ~.l' . . r . , . DEBORAH K. SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW 94-1986 CIVIL TERM V. ": IN RE: VISITATION ORDER OF COURT AND NOW, this 16th day of October, 1995, a hearing was held this date, at which time both parties were represented by counsel. The issue today solely concerns partial custody on behalf of the father. The parties have agreed that the "mother should have primary physical custody of both children. The mother lives in Newport, Perry County, Pennsylvania. The father lives in Boiling Springs, Cumberland County, Pennsylvania. There's about a 30 to 35 mile distance between the residence of the mother and the residence of the father one way. As indicated above, the testimony today was limited, and was limited solely to th3 periods of partial custody of the children with their father. From the hearing today, the Court makes the following order: 1. Deborah K. Shuller, the natural mother of the children, is awarded primary physical custody or Dylan H. Shuller, born November 24th, 1991, and Devin K. Shuller, born June 3rd, 1994. 2. Joint legal custody of both children is awarded to both parents. 3. David H. Shuller, the father of the children, shall have partial custody of both children on the following dates and times: '.' . , '.' . '. .' a. Every other Thursday from 6:00 p.m. on Thursday to Sunday at 6:00 p~m. The effective date shall be Thursday, October 19th, 1995. b. Alternating Thanksgiving and christmas from 3:00 p.m. the day before the holiday until 3:00 p.m. the day of the holiday. Also the father may have partial custody of the children at such other times during the Christmas holiday as the parties may agree upon. Father shall have Christmas 1995. c. Other holidays as the parties may agree upon from 3:00 p.m. the day before the holiday until 6:00 p.m. the day of the holiday.. d. During the summer weeks the father may have partial physical custody of the children four weeks each summer. Two of the weeks may be consecutive. To enable the parties to make appropriate arrangements for vacations during the summer, I would ask that the father give the mother 45 days prior notice of the weeks he wants to have custody of the children. 4. Mrs. Vaughn, who is the fiancee of Mr. Shuller, and RoY Robinson, who is the boyfriend of Mrs. Shuller, may assist in picking up and returning the children from the periods of partial custody when required. By the Court, .---- , P.J. ~Ul B. Orr, Esquire For the Plaintiff ~'~'r;:. (''',-,., ;:"':!4 ": r,:-t::(~:tD .. . ,. .. "t I,.,.d ."" '. 1:111 . r "'" " .. ~ ~...' :; .:,:.,..;:;,:, i'~. James J. Kayer, Esquire For the Defendant ';:.:; .I.S:.~ ::".' d ..~...., is'..9.'s' ...............~Wd'..,.Cc....,..."?...u.~.u.,........ .l)~' rro;honol~ry mal DEBORAH K. SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANrA CIVIL ACTION - LAW 94-1986 CIVIL TERM V. DAVID H. SHULLER, Defendant IN CUSTODY IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 16th day of October, 1995, the parties appeared before a custody conciliator on May 26th, 1995, and, among other things, he directed that the father would have partial custody of both children from June 3rd at noon until June 4th at 6:00 p.m. He also directed that the father have partial custody on June 16th at 5:00 p.m., June 29th at 5:00 p.m., July 12th at 5:00 p.m., and on July 26th at 5:00 p.m. This was all oral. The custody conciliator did put this into writing, and it was presented to the Court Administrator's office on May 31st, 1995, and I believe it was given to me on the same date, May 31st, 1995. I signed the order on June 2nd, 1995, and the order was filed in the Prothonotary's office on June 2nd, 1995, at 1:57 p.m. On June 3rd, 1995, the father and his fiancee went to the residence of Mrs. Shuller to pick up ~he children shortly before noon. She was not present at than time. Later on she did arrive, and she refused to give the father custody of both children. In her mind she said the transfer was not to take place until 5:00 p.m., the same as four other dates as I have mentioned above. Apparently Mr. Shuller would not agree that it was 5:00, which was, in fact, correct, and he would not leave, and the boyfriend of Mrs. Shuller came to the house and y apparently loaded a rifle and tQld Mr. Shuller to get off of his property. The State Police were called. They arrived, and after they talked this matter over Mrs. Shuller gave the younger child, Devin, to Mr. Shuller. The delay in picking up the children was approximately three hours, and he did get the children and then left the premises. I was informed through testimony today that the State Police did not file charges against anyone concerning this particular incident. The father since this incident has filed this petition for contempt alleging that the mother violated the 'custody.order that was directed by the custody conciliator. Based on all the testimony that I heard today, I find that there was a technical violation of the order since.I did sign the order June 2nd, 1995, which directed that the father was to'have custody of both children on June 3rd at noon and not at 5:00 p.m. However, considering all things, the fact that the order had not been written, and she had not received a copy of it until later, I am not going to make an adjudication of a formal contempt except I will direct that she pay for the filing fees for the petition for contempt, if the filin~. fees were charged by the Prothonotary. The request to make her pay for attorney's fees in connection with the contempt hearing is refused. _ a . ; . _ _. "... ' ,... , 0." ..:': '~e, r: '.. . .:-",1 ha~,d By the Court, I:: .. 9'u, Sheely, P. . .;.::.. '. ,=~. .':'.:, ::., i,l" /2;d.., ~"',' ~(. ,($4t :" 194,~. ..............:,..~\...\....G. ...::f~~1..<.... .D~ Prolh:,10i;:ry . . i ' ~l B. Orr, Esquire ~~~J the Plaintiff James J. Kayer, Esquire For the Defendant mal ~~i: I' '. ~; OCT 20 1995 2!j,1 j LJ' 'j.... ..:.J - -- "'I a&.-:.:,..'I%." -......... _...... __..__~ ~ -:1' >- .::: '0, P.10 .. .,,~ " CO ,':)..- l__. ;?:.:! ( , :.~: I'" -" ("j':'': -...: . ~(' ~'.\ ::;.i (<. r'~ , , lIt i. {'oJ ff!!:..l . . '. -, n-: I;,:." ~~ "'J . .' .~;j :0.. '" . '''- ... .~.. c" ~, 0 , 0' 0 ~l~~ ~]::~ ~~t6 ~if' II'IGlJ/ilS do 111il.(.'/I J ./00 N, SL'C"",I SIf'l'e[ Ilanri,bu'R,/~1 /7101 (7/71 ]11-11900 MAR 2 3 1~~9 )J . t J. 11II"/"" .i ,..' DEBORAH K SHULLER, Respondent/Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 94-1986 DAVID H. SHULLER, Petitioner/Defendant : CIVIL ACTION - LAW : CUSTODY ORD.ER OF COURT AND NOW, this day of , 1999, upon consideration of Defendant's Petition for Emergency Relief, it is hereby ordered and decreed that temporary primary physical custody of the parties' minor children, Dylan H. Shuller, DOB 11/24/91, and Devin K Shuller, DOB 613/94, shall be with father pending scheduling of a conference, hearing, or trial on the malter. BY THE COURT: r~-^- ~!'"tf~'~~)~~'f,Jr,",~ . , DEBORAH K. SHULLER, RespondenUPlaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 94-1986 DAVID H. SHULLER, Petitioner/Defendant : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT You, Deborah K. Shuller, Plaintiff in the above-captioned custody action, have been sued in court to obtain custody, partial custody or visitation of the following children: Dylan H, Shuller, DOB 11/24/91, and Devin K. Shuller, DOB 6/3/94, 'I I You are ordered to appear in person at (:t-t.l/Cl/l.(r?,'7I, -It <- , on the ,?J.o-r. day of ---h7(/.)('./l- ,1999,at II; (/(I 0_ .m.,for. X a conciliation or mediation conference., t:~ ..ILe... ..1- <' ,.L" ~u<-I!.L;(. a pretrial conference. X ah~~rif~ifb~f~r'(the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BY THE COURT: Dated: J/1..'1/'h L J. ~ ~ l w --. '" Lo, h~ "" .9:>' t,______...____~ ...-_. i;: ct) ~ -:: ~f;-! .:.: ~~f if F ct: t~: ~. ~ :i: LJ. ::c o Ol 0, r;: ;~7".-.- .!:.- ~ , "..J ': ) , -.; :i,..,; ~j~::: ..:.) U DEBORAH K. SHULLER, RespondenUPlaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1986 v. DAVID H. SHULLER, Petitioner/Defendant CIVIL ACTION - LAW CUSTODY 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 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. BY THE COURT: J. , < I ,. r~~""."~~'r~'f:'~ ..,----:-:, . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1986 DEBORAH K SHULLER, RespondenUPlaintiff DAVID H. SHULLER, Petitioner/Defendant CIVIL ACTION - LAW CUSTODY DEFENDANT'S PEnnON FOR EMERGENCY RELIEF AND NOW, comes the Petitioner/Defendant, David H. Shuller, by and through his attomey, Jeanne B. Wigbels, Esquire, and avers the following in support of this Petition for Emergency Relief: 1. The Petitioner/Defendant, David H. Shuller, is an adult individual who currently resides at 341 South Union Street, Middletown, Dauphin County, Pennsylvania 17057. 2. The RespondenUPlaintiff, Deborah K Shuller, is an adult individual who currently resides at 420 North 5th Street, Newport, Perry County, Pennsylvania 17074. 3. There are two dependent children of the parties, namely Dylan H. Shuller, DOB 11/24/91, and Devin K Shuller, DOB 613/94. 4. Petitioner seeks primary of the following children: Name Present Residence Ace Dylan H. Shuller 420 North 5th Street Newport, PA 17074 420 North 5th Street Newport, PA 17074 7 DOB 11/24/91 Devin K Shuller f DOB 613/94 The children were not bom out of wedlock. The children are presently in the custody of their mother, Respondent, Deborah K Shuller, who currently resides at 420 North 5111 Street, Newport, PA 17074. Since the date of the last custody order entered in October of 1995 at the above docket, the children have resided with the following persons and at the following addresses: Name Address Dates Deborah K Shuller, Respondent Michael Robinson (her minor son) 420 North Fifth Street Newport, PA 17074 1999 to date Deborah K Shuller, Respondent 320 Linton Hill Road Roy Robinson (her boyfriend) Duncannon, PA 17020 Michael Robinson (Respondent's minor son with Roy Robinson) 1996-1998 The mother of the children is Respondent, Deborah K Shuller, currently residing at420 North Fifth Street, Newport, Perry County, PA 17074. The father of the child is Petitioner David H, Shuller, currently residing at 341 South Union Street, Middletown, Dauphin County, Pennsylvania, 17057. Petitioner and Respondent are divorced. 5. The relationship of the Petitioner to the children is that of natural father. The Petitioner currently resides with the following persons: Georgia Shuller, his wife. The relationship of the Respondent to the children is that of natural mother. To Petitioner's knowledge, Mother currently resides with the subject children and her other minor son, Michael Robinson, age two. 6. There are two court orders at the above docket number currently in effect, both of which are dated October 16, 1995 and are signed by the Honorable Harold E. Sheely. These orders are attached hereto as Exhibit A. 7, Petitioner does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 8. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Petitioner is the natural father of the children. (b) Petitioner has established a relationship with the children. (c) Petitioner desires to continue exercising parental duties and enjoys the love and affection of the children. (d) The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural father. (e) The children would benefit from custody being transferred to their natural father because of the current situation, which is explained in detail in paragraphs ten (10) through seventeen (17) below. 9. 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. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. PETITION FOR EMERGENCY RELIEF - REQUEST FOB ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY WHEREFORE, Petitioner respectfully requests that he be granted temporary primary physical custody of his children pending a hearing or conference on the matters set forth herein. 10. Paragraphs one (1) through (9) are hereby Incorporated be reference as though fully set forth. 11. Petitioner believes the children will suffer needless irreparable harm and may be in danger if custody is not immediately temporarily transferred to him for the following reasons: (a) Respondent has been on a drinking binge for several weeks. (b) Respondent dropped her 2-year-old son while drunk. (c) Respondent has been driving drunk with her children in the car and she has a history of wrecking cars, (d) Respondent often hires baby-sitters for long periods of time while she is out getting drunk. (e) Respondent has a history of alcohol problems and has been in a rehabilitation center in the past. (f) Respondent is currently in need of alcohol treatment and should not have custody of the children until she provides proof of successful completion of an alcohol treatment program. . ,_._.......,-,-~- - WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting him primary physical custody of his children pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted: By: 0-- Dated: }/~7,('tr . Jean B. Wigbels, Esquire ATTORNEY FOR PETITIONER 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme CLIO No. 68735 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 94-1986 CIVIL ACTION - LAW : CUSTODY DEBORAH K. SHULLER, Plaintiff DAVID H. SHULLER, Defendant VERIFICATION I, DAVID H. SHULLER, hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, infonnation, and belief. 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:/flI1/Uh Z. ~J 1/91 / Signature: v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1986 DEBORAH K SHULLER, RespondenUPlaintiff DAVID H. SHULLER, Petitioner/Defendant : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Wigbels, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the following attomey of record for Plaintiff/Respondent in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by faxing a copy to the facsimile number below and by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mall, prepaid, and addressed as follows: Paul Orr, Esquire 50 East High Street Carlisle, PA 17013 FACSIMILE NO, 258-5289 BY: \ IA/~ J nne B, Wigbels, Esquire A ORNEY FOR PETITIONER 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. 10 No, 68735 DATED: ~~fff EXHIBIT A i . I.' , DEBORAH K. SHULLER, Plaintiff IN TItE COURT or COMMON PLEAS OF. I CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 94-1986 CIVIL TERM V. IN RE: VISITATION ORDER OF COURT AND NOW, this 16th day of October, 1995, a hearing was held this date, at which time both parties were represented by counsel. The issue today solely concerns partial custody on behalf of the father. The parties have agreed that the'mother should have primary physical custody of both children. The mother lives in Newport, Perry County, Pennsylvania. The father lives in Boiling Springs, Cumberland County, Pennsylvania. There's about a 30 to 3S mile distance between the residence of the mother and the residence of the father one way. As indicated above, the testimony today was limited, and was limited solely to th3 periods of partial custody of the children with their father. From the hearing today, the Court makes the following orderl 1. Deborah K. Shuller, the natural mother of the children, is awarded primary physical custody of. Dylan H. Shuller, born November 24th, 1991, and Devin K. Shuller, born June 3rd, 1994. 2. Joint legal custody of both children is awarded to both parents. 3. David It. Shuller, the father of the children, shall have partial custody of both children on the following dates and times I '. . I, ...t a. Every other Thursday from 6:00 p.m. on - . Thursday to Sunday at 6:00 p.m. The effective date shall be Thursday, October 19th, 1995. b. Alternating Thanksgiving and Christmas from 3:00 p.m. the day before the holiday until 3:00 p.m. the day of the holiday. Also the father may have partial custody of the children at such other times during the Christmas holiday as the parties may agree upon. Father shall have Christmas 1995. c. Other holidays as the parties may agree upon from 3:00 p.m. the day before the holiday until 6:00 p.m. the day of the holiday. d. During the summer weeks the father may have partial physical custody of the children four weeks each summer. Two of the weeks may be consecutive. To enable the parties to make appropriate arrangements for vacations during the summer, I would ask that the father give the mother 45 days prior notice of the weeks he wants to have custody of the children. 4. Mrs. Vaughn, who is the fiancee of Mr. Shuller, and Roy Robinson, who is the boyfriend of Mrs. Shuller, may assist in picking up and returning the children from the periods of partial custody when required. By the Court, ,--- , P.J. ~~l B. Orr, Esquire For the Plaintiff -"'.I~:~. r'~ l.,~' ::"'.':'" f I. r, ~('.,,~ ,. ", ,'~~_'i~W .. ',", .-:' hsrld James J. Kayer, Esquire For the Defendant " - . .:- "'''' . .. ...'. . ~: .,'.t:,; ,:/ ;.~. ',:.:; I So.:tt.. ::~.' cf ..trkt....., 1S'..7.'.s: ..............,~J.; ~~t.(f'.'.c....,... "?..L4;..,v.......... .<J FJi.. . jlrotho~olc:ry mal V. CIVIL ACTION - LAW 94-1986 CIVIL TERM . . " . DEBORAH K. SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF. :. CUMBERLAND COUNTY, PENNSYLVANIA DAVID H. SHULLER, Defendant IN CUSTODY IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 16th day of October, 1995, the parties appeared before a custody conciliator on May 26th, 1995, and, among other things, he directed that the father would have partial custody of both children from June 3rd at noon until June 4th at 6:00 p.m. He also directed that the father have partial custody on June 16th at 5:00 p.m., June 29th at 5:00 p.m., July 12th at 5:00 p.m., and on July 26th at S:OO p.m. This was all oral. The custody conciliator did put this into writing, and it was presented to the Court Administrator's office on May 31st, 1995, and I believe it was given to me on the same date, May 31st, 1995. I signed the order on June 2nd, 1995, and the order was filed in the Prothonotary's office on June 2nd, 1995, at 1:57 p.m. On June 3rd, 1995, the father and his fiancee went to the residence of Mrs. Shuller to pick up the children shortly before noon. She was not present at that time. Later on she did arrive, and she refused to give the father custody of both children. In her mind she said the transfer was not to take place until 5:00 p.m., the same as four other dates as I have mentioned above. Apparently Mr. Shuller would not agree that it was 5iOO, which was, in fact, correct, and he would not leave, and the boyfriend of Mrs. Shuller came to the house and " .. ~pparently loaded a rifle and told Mr. Shuller to get off of his property. The State Police were called. They arrived, and after they talked this matter over Mrs. Shuller gave the younger child, Devin, to Mr. Shuller. The delay in picking up the children was approximately three hours, and he did get the children and then left the premises. I was informed through testimony today that the State Police did not file charges against anyone concerning this particular incident. The father since this incident has filed this petition for contempt alleging that the mother violated the 'custodyorder that was directed by the custody conciliator. Based on all the testimony that I heard today, I find that there was a technical violation of the order since I did sign the order June 2nd, 1995, which directed that the father was to'have custody of both children on June 3rd at noon and not at 5:00 p.m. However, considering all things, the fact that the order had not been written, and she had not received a copy of it until later, I am not going to make an adjudication of a formal contempt except I will direct that she pay for the filing fees for the petition for contempt, if the filin~. fees were charged by the Prothonotary. The request to mane her pay for attorney's fees in connection with the contempt hearing is refused. .... r'- 0, ,.....,.. ,,~, '. \,.... '., , .,"''' h:~ld By the Court, ,. '.. .,. .'.. . ,~~:..: '.:, ;.:.. (:: .. gu, Sheely, P. :.1!; 1..~;d.. ,"',' ,;.. ..~.', ~ H4,~. ~._.. t. _\. 0.. .'f....,~!..<.... ,..,...........,..~'\J..~'" ..... '.,.... O'F7r rrcih~,-,oitry / I . . . ., . ~l B. Orr, Esquire ~~~' the ~laintiff James J. Kayer, Esquire For the Defendant mal ~fi.' rl: OCT201995 :./:j i:' ci}) i 'j.... , ;iJ L..:_ ._ ""\ a.:.~:''I':._''''' ......, _......._.._.._~ DEBORAH K. SHULLER, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACfION - LAW : NO. 94.1986 CIVIL TERM : IN CUSTODY v. DAVID H. SHULLER, Defendant/Petitioner RESPONDENT'S PRE.TRIAL MEMORANDUM I. BRIEF FACTUAL HISTORY The children involved in this dispute, Dylan H. Shuller, male, whose correct date of birth i!l'l~.....1tf!f'14,.1991, not November 14, 1991, as Petitioner believes; and Devin ",_.~-._..-......--- K. Shuller, female, date of birth June 3, 1994, are the children of the parties, David H. Shuller and Deborah K. Shuller. The parties are married, yet a divorce is being finalized. The parties have lived separate and apart since March of 1994. Dylan H. Shuller, male, has lived with his mother since the date of separation in March of 1994 with the exception of a one day period whereby the Petitioner deceived Respondent by requesting an hour or two of visitation time, yet Petitioner instead hid Dylan H. Shuller at his brother's house refusing to disclose his whereabouts. It was not until Respondent obtained a temporary custody order giving her full physical custody and such order enforced by the Pennsylvania State Police that the son was returned to her. The female child, Devin K. Shuller, has lived with her mother since her birth on June 3, 1994. Although not involved in any prior proceedings, Respondent's present counsel understands that the natural mother was reluctant to give overnight visitations to the Petitioner due to the tender age of the youngest child. Through conferences with Petitioner's counsel, Respondent's counsel is aware of a prior order issued by the Custody Conciliator, Hubert X. Gilroy, Esquire, whereby alternating weekend visitations were established. It is Respondent's counsel's understanding that the Court Order dated June 2, 1995, was determined after a rather heated conciliation conference where Respondent appeared pro se and Petitioner appeared represented by counsel. The folIowing day, June 3, 1995, the visitation period was scheduled to begin at noon, unlike the remaining four visitation periods established by the conciliator which were to begin at 5:00 p.m. This first scheduled visit did not begin smoothly. According to Respondent, Petitioner arrived in a highly agitated state and almost at once began threatening Respondent. In fact, within moments, the Petitioner, although cautioned by Respondent to remain outside of her home, entered the house through a side door and when blocked by Respondent from entering further, Petitioner shoved Respondent to the kitchen floor and continued searching the house for the children. It was at this point that Respondent telephoned her boyfriend, who was approximately 2 and 1/2 miles away, and requested his assistance. When Respondent's boyfriend arrived, Petitioner was continuing to berate Respondent and Respondent's boyfriend subsequently withdrew a hunting rifle from his gun cabinet and demanded that Petitioner leave his property. Due to the prior incident whereby Petitioner deceived Respondent and then hid one of the children from her, she calIed the Newport State Police Barracks and requested their assistance. The State Police arrived a short time later, between approximately 2:00 and 2:30 p.m., and upon questioning the parties involved, determined no actual court order was yet in any of the partit:s' possession. The police advised Respondent to not relinquish physical custody of the children to Petitioner without said written court order. However, at that time tempers had subsided and the Respondent agreed to allow the children to leave with Petitioner at approximately 2:30 p.m. Due to the contempt hearing being scheduled subsequent to the custody hearing, the parties have agreed to address the contempt issue before This Honorable Court in addition to the hearing on the relative custody/visitation issue. II. RESPONDENT'S WITNESSES 1. Deborah K. Shuller - Respondent. The children's mother will testify as to why she believes that the relief requested by Petitioner should be somewhat modified. She will also address concerns she has regarding the visitation periods due to past experiences whereby Petitioner was no always truthful with her. Lastly, she will address the concerns raised by Petitioner in his Petition for Contempt. 2. Roy Robinson - Respondent's Boyfriend. Mr, Robinson will testify as to his observations surrounding the incident leading to the Petition for Contempt filed by Petitioner. He shall also testify as to his observations regarding the parent/child interactions and the overall parental care given to both children by the Respondent. Ill. RESPONDENT'S CONCERNS REGARDING RELIEF SOUGHT BY PETITIONER Respondent has primary physical custody and shared legal custody of both children. She has infonned counsel that, overall, she is in agreement with the relief sought by Petitioner. However, she would request that the Court enter an order for partial physical custody of Dylan and Devin Shuller as follows: A. Every other weekend from~-;'\ at 3:00 p.m. until Sunday at 6:00 C;- - 1-1",- ~"'-'-" ~,-,,.,,t) IV ~I--'>-;:- ~ p.m. .. h \ ___~ r J "o-l..... r- V'.......,\- ""'" v. v-- . v>- B. Alternating Thanksgiving Day and Christmas Day from 9:00 a.m. until )t' 7:00 p.m. with Father having Christmas Day 1995. C. Eac(~lUrs;/evening from 3:00 p.m. until 8:00 p.m. D. Fiance of Father may pick up and return the children for the Thursday period of partial physical custody and for the weekend partial physical custody, if Father is working. .~ , E. Father shall have physical custody of the children for a period ~ (2) weeks during the summer. This period may be broken into weekly periods of time at the mutual agreement of the parties. It should be noted that due to the tender age of the female child (approximately 14 months) Mother is reluctant to give up physical custody of her daughter for any more than one week of extended visitation at a time. Regarding the issue of contempt, Mother, once advised by present counsel, has been in complete agreement in making up Father's lost time during the incident referred to in Section I of this Pre-Trial Memorandum, Due to the confusing nature of the times given in the custody conciliation court order and other circumstances surrounding the initial transfer, Respondent would ask This Honorable Court to award the additional amount of time of 2-3 hours on some subsequent visitation. Further, the "threat" of bodily harm that Mr. Shuller suffered at the hands of Mrs. Shuller's boyfriend, must be looked at by the totality of the circumstances. The threat arose only after Mr. Shuller had threatened bodily harm, make good on his threat by shoving Respondent to the ground, and refusing to not only leave the grounds of Respondent's home, but the home itself. Finally, it must be noted that no charges were brought against Respondent's boyfriend by the Pennsylvania State Police even though they were well aware of the situation and circumstances thereof. Therefore, Respondent again respectfully requests This Honorable Court to award the period of time that was lost by Petitioner in his initial visitation period awarded by the Court Order dated June 2, 1995. Respectfully submitted, Paul Bradford Orr, Esquire Attorney for Respondent 78 West Porn fret Street Carlisle, PA 17013 Telephone: (717) 258.8558 Supreme Court It> No. 717586 I hereby certify that on this date, . 1995, a true copy of v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 94-1986 CIVIL TERM : IN CUSTODY DEBORAH K. SHULLER, Plaintiff/Respondent DAVID H. SHULLER, Defendant/Petitioner CERTIFICATE OF SERVICE Respondent's Pre-Trial Memorandum was served on the following person by hand delivering a copy as follows: James J. Kayer, Esq. Liberty Loft 4 E. Liberty Avenue Carlisle, PA 17013 Paul Bradford Orr, Esq. ..-_-..;'.....:,......'."..'".,'-."- , MAY 311995d"" ".. DEBORAH K. SHULLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1986 - CIVIL - 1994 DAVID H. SHULLER, Defendant . . :CIVIL ACTION - CUSTODY ...\ AND NOW, this l.- ~ day of of the attached Custody directed as follows: COURT ORDER k.....--'-_ , 1995, upon consideration Conciliation Report, it is ordered and 1. A Hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on August 9, 1995 at 9 A.M. At this Hearing, the Father, David H. Shuller, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel, a Memorandum setting forth the history of the custody in this case, a list of anticipated witnesses that will be called by each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least ten days prior to the mentioned Hearing. 2. Pending resolution of this case after a Hearing and further Order of Court, the existing Order of September 28, 1994, shall remain in effect subject to the following modifications. A. Father's periods of temporary custody shall include custody of both Dylan H. Shuller, born November 24, 1991, and Devin K. Shuller, born June 3, 1994. B. Father's periods of temporary custody with the two minor children pending the Hearing shall be as follows: 1. From June 3 at noon until June 4 at 6 P.M. 2. From June 16 at 5 P.M. until June 18 at 6 P.M. 3. From June 29 at 5 P.M. until July 2 at 6 P.M. 4. From July 12 at 5 P.M. until July 16 at 6 P.M. 5. From July 26 at 5 P.M. until July 30 at 6 P.M. ce: James J. Kayer, Esquire Deborah K. Shuller _ ~...~ "MrS'. ,b.f. .' 3. For pick up and delivery of the minor children, the Father may make arrangements to have his fiance pick up the minor children and the Mother may make arrangements to have her boyfriend pick up the minor children. BY THE COURT, ~/<- f (~ . <~k~ Jud~e Har~. Sheely - I . . ... DEBORAH K. SHULLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1986 - CIVIL - 1994 DAVID H. SHULLER, Defendant . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE HAROLD E. SHEELY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH 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 children who are the subject of this litigation is as follows: Dylan H. Shuller, born November 24, 1991, and Devin K. Shuller, born June 3, 1994. 2. A Conciliation Conference was held on May 26, 1995, with the following individuals in attendance: The Father, David H. Shuller, with his counsel, James J. Kayer, Esquire, and the Mother, Deborah K. Shuller, who appeared without legal counsel. 3. There is an existing Order from September of 1994 which gives the parties shared legal custody with the Mother enjoying primary physical custody and the Father enjoying temporary custody on alternating weekends from Saturday through Sunday. However, the Order only provided the Father to have custody with Dylan. Father has not had custody or visitation with Devin. 4. The existing Order was entered after a Hearing and was entered at a time when Devin was very young and the Father indicated that the Father did not seek temporary custody of Devin because of his age. S. Father now seeks expanded visitation to include custody with both children and to also include extended periods of time in the summer months. The parties discussed these issues at a Conciliation Conference and, for a variety of reasons, the parties were unable to reach an agreement. t' nu/ fr DATE ., 6. A Hearing is necessary in this case and a Hearing should take no more than one day. 7. Based upon the Conciliator I s discussions with the parties, the Conciliator feels that the Father should be afforded time with Devin and, additionally, the Father should be afforded extended time with both children over the summer months. The Conciliator's proposal is that the time with Devin be expanded on a schedule of originally one overnight and expanding thereafter. 8. The Conciliator recommends an Order in the form as attached which includes a proposed interim Order on custody. . ~~6.l..&to~lLJLI &~OL~ Vd '8181\180 . 9nu9^V 41l1C111 '3 it . 1I01419<r1' . . ' ,:',----.,.'__'0 uOllwodJoO 18U0l888JOJd V . ',' ,. i',e.. M ~ - . .-~': ", ::'~, . .'>,'; . '" U DJB PU8 J8n8>1. ......d.;,;~..:.; ::'" ":. {.;, <!\'~' },:::~:~;.,.~~~~r') ~u;~:'":~~I::~_~_~~~~~:: _~' ;-:_":.~~,,~~_~_~~~-:..b_~~_::".. .:..:-:~2;.:A~' ;.,1: ;~:~~!'..~~ ...t ~ .,,~::,::;,,~.-,.:-;t.'( I;,;" ~66l L'llnr. ,,':' ..-!:':";.~;' ...., " . '-0_. _.--;:'.~~..;_ , ' '. -. '.~." ~ ,~i." .';-", .... ..l 'I"~ DEBORAH K. SHULLER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1986 CIVIL TERM v. DAVID H. SHULLER, Defendant/petitioner IN CUSTODY PETITIONER'S PRE-TRIAL MEMORANDUM I. BRIEF FACTUAL HISTORY The children involved in this dispute, Dylan H. Shuller, male, date of birth November 14, 1991; and Devin K. Shuller, female, date of birth June 3, 1994, are the children of the parties, David H. Shuller and Deborah K. Shuller. The parties are married but a divorce is pending. The parties have lived separate WId apart since March of 1994. The children have lived with the mother since this Court's prior order dated September 28,-1994. A copy of that Order is attached hereto for reference. In the prior hearing, Respondent was represented by Legal Services, the Petitioner was pro se. Due to concerns regarding Devin's young age. as well as the Petitioner's failure to appreciate the whole family doctrine as interpreted by the Pennsylvania Courts, the father communicated to the Judge in the prior hearing that his interest was in pursing primary physical custody rights regarding the parties' oldest child, but not Devin who was 3 months old at the time. The Court in its Order con finned that should the Defendant wish to seek primary custody of the children. he may file an appropriate petition after ninety (90) days from the date of this Order. In the instant petition, the Petitioner, David H. Shuller, ~OClS>not'lJlllllc.opj1:nllry'physical. cystq4y..of.tha.chiJdren; however, he does seek temporary physical custody of~JiQj1i children. He has expressed this desire to the natuml mother repeatedly, including at the Custody Conciliation Conference. however, it has been impossible to reach any agreement regarding visitation as the , ! ':' f I I " i ~ If natural mother simply refused to consider any proposal that would allow father access to the parties' youngest child. As it was impossible to reach an agreement regarding father's visitation with the youngest child, is was necessary for the Conciliator to draft a temporary Order detailing father's partial physical custody rights of Devin. The Conciliator, Hubert X. Gilroy, Esquire, crafted a temporary Order which provided the father with alternating weekend visitation of both children and with each successive weekend visit, added another day on of visitation. In this way, the first visit last only one day, the second visit lasted two days duration, the third day lasted three days duration, ani so forth. At the first scheduled visit, the mother refused to provide access of the youngest child to the father. An incident ensued in which heated words were exchanged and a loaded firearm was pointed at the father by the mother's boyfriend, At that time the police had been called in and after a delay of two to three hours, the father was finally pennitted to see his daughter for the first time since nearly her birth. Petitioner has filed a Petition for Contempt based upon this incident. Originally a hearing had been scheduled before the Conciliator on August II, 1995. The parties have attempted to work with the Conciliator's office to move that hearing up prior to the hearing on the merits before this Honorable Court; however, they have been unsuccessful in doing so. The parties have agreed to address the contempt issue before this Honorable Court in addition to the hearing on the merits. II. WITNESSES I) David H. Shuller - Petitioner. The children's father will testify as to why he believes that the relief that he seeks should be granted by the Court. He will also address the anticipated concerns that the mother shall raise regarding his parenting skills, 2) Penny Vaughn - Petitioner's fiancee. Ms. Vaughn will testify as to her observations of father and child interaction. She shall also testify as to her observations regarding the contempt petition that was filed by the father. 3) Jim Shuller - Petitioner's brother. Mr. Shuller shall testify as to his observations of parent/child intemction, particularly focusing on the visits that he has observed between father and children during this current Summer. 4) Barbam Shuller - Jim Shuller's wife and Penny Vaughn's sister. Mrs. Shuller will also testify regarding her observations of Mr. Shuller and the children's intemction. III. RELIEF SOUGHT The Petitioner seeks to continue to share legal custody of both children. He wishes the Court to issue an Order for partial physical custody of Dylan and Devin Shuller as follows: 'j \\,l,,,- A. .Every"othefWeekend from Friday at 6:00, p.rn. until Sunday at 6:00 p.m.", B. Alternating Thanksgiving day and Christmas day from 9:00 a.m. to 7:00 p.m. and that -t~ '7 Mr. Shuller is to have Christmas day for the year of 1995. '~-~ I/~" C. Ea~h~dnesday,'e~ning frOJ11 3:00 p,m. until 8:00 p.m,. The fiancee of the \) 1\, "')., -..~ / \' """ __--.. ~ II etitione~m!ly_plck.up and retum.the-childr~ ~~~.the-W~esday period of\partial physical custod~' ano to. w"'e~hYSiCal custody, if the father is working. / D. Father shall have physical custody of the children for a period of eight (8) weeks '---.-/ during the Summer. This period can be broken down to two (2) four-week periods of time at the mutual agreement of the parties. The Petitioner believes such a request to be a reasonable one in nature. He has cherished the time that he has spent with the children since the temporary Order has gone in to effect, and the children have thrived in his care. With regard to the issue of contempt, the father requests that he be provided with an additional weekend of visitation. While he recognizes that he only "(ost" two to three hours of - ,~~ time with his daughter, he wishes to stress to the Court the fact that this incident took place on the very first custody transfer after the Conciliation Conference. This was a Conciliation Conference where the mother did not recognize the right of the father to have any access to the daughter, whatsoever. It also was an incident which included the mother's boyfriend pointing a loaded weapon at the father. The mother asserts that she was merely confused about the time of transfer, but even assuming arguendo that this was a source of valid confusion to her, her actions in depriving the father access to the children when he had made the trip to pick them up and to allow her boyfriend to threaten Mr. Shuller with bodily harm in the form of a loaded gun is reprehensible and must be addressed. Respectfully submitted ---' MAY 2 1 1:'?Sdfl" DEBORAH K. SHULLER, Plaintiff :IN THE COURT OF COMMON PLEAS OP :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 1986 - CIVIL - 1994 v DAVID H. SHULLER, Defendant . . . . :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this L-day of <l..-...- , 1995, of the attached Custody COiiYl1iation Report, directed as follows: 1. A Hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on August 9, 1995 at 9 A.M. At this Hearing, the Father, David H. Shuller, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel, a Memorandum setting forth the history of the custody in this case, a list of anticipated witnesses that will be called by each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least ten days prior to the mentioned Hearing. upon consideration it is ordered and 2. Pending resolution of this case after a Hearing and further Order of Court, the existing Order of September 28, 1994, shall remain in effect subject to the following modifications. A. Father's periods of temporary custody shall include custody of both Dylan H. Shuller, born November 24, 1991, and Devin K. Shuller, born June 3, 1994. B. Father's periods of temporary custody with the two minor children pending the Hearing shall be as follows: 1- From June 3 at noon until June 4 at 6 P.M. 2. From June 16 at 5 P.M. until June 18 at 6 P.M. 3. From June 29 at 5 P.M. until July 2 at 6 P.M. 4. From July 12 at 5 P.M. until July 16 at 6 P.M. 5. From July 26 at 5 P.M. until July 30 at 6 P.M. 3. For pick up and delivery of the minor children, the Father may make arrangements to have his fiance pick up the minor children and the Mother may make arrangements to have her boyfriend pick up the minor children. BY THB COURT, /sl 1Jrv...u.... t, ~ Judge Harold E. Sheel CCI James J. Kayer, Esquire Deborah K. Shuller TRlIF. COpy FROM RECORD In Tl.sl;m~"'J . ;t r..of. I h. r" 1'01') ~~I my h~nd and Ihe seal ot said COllrl al Carli5lc, Pa. This ..,.;I.~.... d.ay of..,~....., 19,9.J::. _11 'n !e,~ ............~.~.....~.....".,~...,............ .l::;pia.' Prothonotary ., + " "};"J'" ,'''s. ,--,,-; 1'::1 f,'.. I , J i DBBORAH R. SHULLBR, Plaintiff v :IN THB COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PBNNSYLVANIA : :NO. 1986 - CIVIL - 1994 : : :CIVIL ACTION - CUSTODY DAVID H. SHULLBR, Defendant J j ,4 , i , I , 1 PRIOR JUDGB: JUDGB HAROLD B. SHEELY CONCILIATION CONFERENCB SUMMARY REPORT IN ACCORDANCB WITH CUMBBRLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Dylan H. Shuller, born November 24, 1991, and Devin R. Shuller, born June 3, 1994. 2. A Conciliation Conference was held on May 26, 1995, with the following individuals in attendance: The Father, David H. Shuller, with his counsel, James J. Kayer, Esquire, and the Mother, Deborah K. Shuller, who appeared without legal counsel. 3. There is an existing Order from September of 1994 which gives the parties shared legal custody with the Mother enjoying primary physical custody and the 'Father enjoying temporary custody on alternating weekends from Saturday th~ough Sunday. However, the Order only provided the Father to have custody with Dylan. Father has not had custody or visitation with Devin. 4. The existing Order was entered after a Hearing and was entered at a time when Devin was very young and the Father indicated that the Father did not seek temporary custody of Devin because of his age. S. Father now seeks expanded visitation to include custody with both children and to also include extended periods of time in the summer months. The parties discussed these issues at a Conciliation Conference and, for a variety of reasons, the parties were unable to reach an agreement. tnll!9.r DATE 6. A Bearing is necessary in this case and a Bearing should take no more than one day. 7. Based upon the Conciliator's discussions with the parties, the Conciliator feels that the Father should be afforded time with Devin and, additionally, the Father should be afforded extended time with both children over the summer months. The Conciliator's proposal is that the time with Devin be expanded on a schedule of originally one overnight and expanding thereafter. 8. The Conciliator recommends an Order in the form as attached which includes a proposed interim Order on custody. -.-- CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Petitioner's Pre-trial Memorandum was served on the following person(s) by First Class mall, postage prepaid by forwarding a true and correct copy unto: Paul Bradford Orr, Esquire 78 West Pomfret Street Carlisle, PA 17013 Dated: -tIZ61'f~ ....-- (.- ~7""':'~"""~'j ,.;y~ . . . DEBORAH K. SHULLER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . 94-1986 CIVIL TERM . . . DAVID H. SHULLER, : Defendant . CUSTODY . ORDER OF COURT AND NOW, this 28th day of September, 1994, after hearing, the following order is entered: 1. Deborah K. Shuller, Plaintiff and natural mother, is awarded primary physical custody of Dylan H. Shul1er born November 14th, 1991, and Devin Keely Shuller born June 3, 1994. 2. Joint legal custody of both children is awarded to both parents. 3. David H. Shuller, Defendant and natural father, shall have partial physical custody of Dylan H. Shller as follows: (a) Every other weekend from Saturday noon until Sunday at 6:00 p.m., commencing the weekend of October 8, 1994. (b) Alternating Thanksgiving Day and Christams Day from 9:00 a.m. to 7:00 p.m. The Defendant to have Thanksgiving Day for the year of 1994. (c) On the weekend when father does not have partial custody he will exercise his partial custody each Wednesday from 3:00 p.m. to 7:00 p.m. The fiance of the Defendant may pick up and return Dylan for the Wednesday period of partial custody and for weekend partial custody, if the father is working. " . 4. If Defendant wishes to seek primary physical custody of both children, he may file an appropriate petition after 90 days from the date of this order. 5. until January 1, 1995, transportation on the Wednesday period of partial custody and on the alternating weekends shall be furnished by the Defendant. 6. After Janury 1, 1995, the parties shall share transporation, with the Defendant picking up Dylan from the home of the mother, and with the plaintiff picking up Dylan from return from the father's residence to her home. By the Court, ~ \~ Ha d E. Sheely, ~( .J: Joan E. Carey, Esquire Legal Services David H. Shuller, pro Be 1291 High Street Boiling spring, PA 17007 lt ~~ " :i~ ~ t -:r. (lIlS' - ::r.:' ....~ ,., '-<' en . :.-17.... l.,. ,I, ~. ~,' .:. " N o- w :=" DEBORAH K. SHULLER, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-1986 CIVIL TERM DAVID H. SHULLER, Defendant CUSTODY PLAINTIFF'S WITNESS LIST The plaintiff, Deborah K. Shuller, by and through her attorney, Joan Carey of Legal Services, Inc., sets forth this list of witnesses along with a summary of their expected testimony for a custody hearing to be held on September 28, 1994, at 11:00 a.m. in Courtroom No.1. (J) ,.,., -u (..Q WITNESSES .r::. , N 1.1. -.", ;:..:; 1. Deborah K. Shuller ,.; I :);: -- R.D. 1, Box 34 Newport. PA 17074 (717) 444-2063 ,Ai; ..oc. The plaintiff to testify that she has provided for the children's physical and emotional needs since their births and in addition, has provided for their financial needs since separating from the defendant, and is able to continue to provide for their needs including a stable and nurturing environment. 2. Boyd Thumma 215 Forge Road Boiling Springs, PA 17007 (7t7) 258-3376 The plaintiff's step-father to testify to the plaintiff's character, parenting skills and relationship with the children, as well as the defendant's parenting skills, interaction with the children and abuse of the plaintiff in the presence of the child. 3. Joyce Cook 287 Bradley Circle New CUmberland. PA 17070 (717) 774-1630 . The plaintiff's aunt, Joyce Cook, to testify to the plaintiff's character, her parenting skills, and her interaction with the children. 4. Juani ta Mur 1 ing R.D. I, Box 34 Newport, PA 17074 (717) 444-2063 The plaintiff's friend and housematc to testify to the plaintiff's character, her parenting skills, her intcraction with the children, and her observance of the defendant's care of Dylan during transfer of custody of the child. 5. Betty Koopman R.D. 2, Box A193 Newport, PA 17074 (717) 567-7421 The plaintiff's employer to testify to the plaintiff's parenting skills, her interaction with her children, and her character and reliability as an employee. 6. Jeff Oarman 2223 Pine Road Newville, PA 17241 (717) 776-4951 The plaintiff's brother to testify to the plaintiff's character, her interaction with the children, as well as the defendant's behavior as it affected the child. The plaintiff reserves the right to call other witnesses upon reasonable notice to the court and counsel. EXHIBITS Pertinent educational, medical and any other relevant records. Respectfully submitted, , ! September 19, 1994 LWAL SERVICI!S, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 . DEBORAH K. SHULLER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION - LAW NO. 94-1986 CIVIL TERM v. MAY 08 1995 DA VID H, SHULLER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~day of May. 1995, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before (4;. Custody Conciliator on 1t 1" of MI" . 1995, at lo.'3"~., for a Pre-Hearing Custody Conference at 4 t h tlo.J( ( v,.J.. (", (O..(lh"....~. . 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 pennanent order. FOR THE COURT, By: ~~dfi~2?~ ~ 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17103 (717) 240-6200 , ki ~ ,.." '...' . ----"'.,.. /In 12 3 57 fif '9 $- /.). fis"th;I a,"':'1J1~1 ~ q/t J!o.r .r- /~'7.) 'J1~ IJI~ ~ ;11 $-/;) .9..r ttl-?p ~/ ~K #. ~ yt.& ~- ,; '\.. ~~6L.tt>~ (L~L) C~OU Vd 'OISIIJeo . onuO^V '<1J9qJ1 '3 to . 1I00.<iJecn S661 90 AVW UOjlllJodJoO leuOfsSOIOJd v-<J'" . UMOJB pUB Je,{B)I . . .i:;~~'" ( _~':";t...::,~;t-:~~,_i:f;~~~~~:.-,--.'i,:..:~~~,..:..~':~:' '.).' >" '~ """ ~l""""'~_"":# . _:::c~}:.:;.,...,<, . ..},~ d}'"--:_':~:.::;.;d:...;;. ,~ .:-j~~'-' .' DEBORAH K. SHULLER. Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1986 CIVIL TERM v. DAVID H. SHULLER. Defendant IN CUSTODY PETITION FOR CUSTODY COMES NOW, Defendant, David H. Shuller, by and through his attorney, James J. Kayer, Esquire and avers as follows: I. Plaintiff is Debomh K. Shuller, an adult individual, residing at R.D. #1, Box 134, Newport. Perry County, Pennsylvania. 2. Defendant is David H. Shuller. an adult individual, residing at 1291 High Street, Boiling Springs, Cumberland County, PA 17007. 3. Defendant seeks custody of the following children: Name Present Residence Age Dylan H. Shuller, residing with his mother, the Plaintiff, born November 14, 1991 and Devin K. Shuller, residing with his mother, the Plaintiff, born June 3, 1994. The children were not born out of wedlock. The children are presently in the custody of mother, Deborah K. Shuller. During the past five years, the children have resided with the following person(s) at the below address(es): November 24,1991 to March 13, 1994 - Mother. Debomh K. Shuller, and Father, David H. Shuller, at 1291 High Street, Boiling Springs, Pennsylvania 17007. March 13, 1994 to March 16,1994 - Mother, Debomh K. Shuller, and Emily, Boyd, and David Thumma (the Plaintifrs mother, stepfather and brother respectively) at 215 Forge Road, Boiling Springs, Pennsylvania 17007. .' March 16, 1994 to April 17, 1994 - Mother, Deborah K. ShulIer, and Juanita, Jim and Jennifer Murling, Shane Bankus, and Roy Robinson (the Plaintiffs best friend, her husband, children and brother respectively) at R.D.#I, Box 134, Newport, Pennsylvania 17074. April 17, 1994 to September 28, 1994 - Father, David H. Shuller at 1291 High Street, Boiling Springs, Pennsylvania, 17007. September 28,1994 to Present - Mother, Deborah K. Shuller at R.D.#I, Box 134, Newport, Pennsylvania 17074. Dylan ShulIer Devin ShulIer 4. The mother of the children is Deborah K. ShulIer, currently residing at R.D. #1, Box 134, Newport, Pennsylvania 17074. She is married. 5. The father of the child is David H. ShulIer, currently residing at 1291 High Street, Boiling Springs, Pennsylvania 17007. He is married. 6. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the folIowing person(s): Name Relationship Son Son 7. The relationship of the Defendant to the child is that of father. The Defendant currently resides with the following person(s): Name Relationship Penny Vaughn Girlfriend Michael Pickelsimer Son of Girlfriend Brent Pickelsimer Son of Girlfriend " 8. Defendant seeks to modify this Court's Order of September 28, 1994 which established that the parties were to share legal custody of the children and that the Mother was to have primary physical custody of the children while the Father had partial physical custody of Dylan for specified periods of time. 9. The best interest and pennanent welfare of the children wilI be served by granting the relief requested because the Defendant, David H. Shuller, can provide a more stable and nurturing atmosphere. Granting Defendant custody wilI be in the best interest and pennanent welfare of the children. 10. Each parent whose parental rights to the child has not been tenninated and the person who has physical custody of the child have been named as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the child wilI be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Defendant requests the court to grant custody of the child to Defendant, VERIFICATION OF PLEADINGS The foregoing Petition is based upon information which has been gathered by my counsel and myself in the preparntion of this action. The language of the Petition may in part be the language of my counsel and not my own. I have read the !o1atements made in this Petition and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel. I have relied upon counsel in making this Verification. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities..r) I I. II ~/I(l' I.' (/ '~p/. 11t/ll\ ., r;.~~;~::_>//~~~:~'f DEBORAH K. SHULLER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 94-1986 CIVIL TERM DA VID H. SHULLER, Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this _ day of May, 1995 it is ordered that a Hearing be scheduled for May ,1995 at o'clock in Courtroom No. 1 to hear the Petitioner's Petition for Special Relief. At that Hearing the Court will address whether the Petitioner should continue to be denied access to his daughter, Devin and to determine whether he should see the child on her birthday. By the Court, Harold E. Sheely, P.J. . :-~r it !~ DEBORAH K. SHULLER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 94-1986 CIVIL TERM DA VlD H. SHULLER, DefendWlt/Petitioner IN CUSTODY PETITION FOR SPECIAL RELIEF COMES NOW, DefendWlt and Petitioner, David H. Shuller, by and through his attorney. James J. Kayer, Esquire Wld avers as follows: I. Petitioner is David H. Shuller, an adult individual residing at 1291 High Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2, Respondent is Deborah K, Shuller, an adult individual residing at RD.#I, Box 134, Newport, Pennsylvania 17074. 3. The Parties who are married and separated, are the parents of Dylan H. Shuller, born November 24, 1991 and Devin K. Shuller, born June 3, 1994. 4. This Honomble Court on September 28, 1994 conducted a Hearing and Judge Sheely after said Hearing ordered that thc parties were to share joint legal custody of the children, the mother, Debomh K. Shuller was awarded primary physical custody of the childrcn WId the father was awarded partial physical custody of the eldest child. A copy of the Court's Order is attached hereto and designated as Exhibit "I". 5. The Petitioner did not pursue partial physical cU~1ody or primary physical custody of the parties' youngest child Devin, due to her tender age at that time WId his belicf that it would be inappropriatc for him to disrupt the regular schedule that the infant had developed with her mother. TIle Petitioner also recognized that visiting the youngest ehild in thc home of the Respondent was not a viable alternative duc to thc dynwnics of thc parties' relationship. 6. Petitioner has continued to abide by the visitation schedule set fonh by the Judge in his September 28, 1994 Order. 7. Petitioner has advised the Respondent of his desire to spend time with the panies' youngest child, Devin. TIle Petitioner has been denied all access to the child by the Respondent, despite his repeated requests for visits, 8. The Petitioner has filed a Petition for Modification of Custody with this Honomble Coun on or about May 4, 1995. The Petitioner hus not been advised as to the date that a Conciliation Conference has been scheduled. 9. The Petitioner wishes to establish a visitation schedule with his younge:.1 child as soon us possible. TIle Petitioner is concerned that he will not be provided with access to the child on or around her binhday of June 3, 1995. The Petitioner is also concerned that a Conciliation Conference will not be scheduled in sufficient time to allow the panies to discuss this topic with the Conciliator prior to the child's binhday. 10. The Petitioner believes and therefore avers that as the child is now approaching one year of age, that it is more viable for the Petitioner to care for the child away from the natuml mother's residence for specified periods of panial physical custody. II. The Petitioner therefore requests this Honomble Coun to modify its September 28, 1994 Order to include both children for the Petitioner's periods of panial custody, The Order us it now reads addresses solely the panies' eldest child, Dylan. Alternatively, the Petitioner requests this Honomble Coun to schedule a visit for the father with the youngest child, Devin, to occur on or about the child's binhday of Junc 3, 1994 und to urrungc for u lcmpomry schcdnlc that will allow thc Petitioner regular access to the child until the panies arc able to mcel with thc Custody Conciliator. ,'; I ,. ;1 I ft ~ i WHEREFORE, Petitioner requests the Court to schedule a Hearing to address this Petition prior to June 3, 1995, the child's birthday. t-~'....,."",~-_~..-..;,... CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Petition for Special Relief was served on the following person(s) by First Class mail, postage prepaid by forwarding a true and correct copy unto: Deborah K. Shuller R.D.lll, Box 134 Boiling Springs, PA 17007 Joan Carey, Esquire Legal Services, loc. S Irvine Row Carlisle, PA 17013 (courtesy copy) R. Scott Cramer, Esquire Center Square DunCKnnon, PA 17020 Dated: '5 !/b!1, /I~ Jamfl J. K~' uire LibeJ1Y Lo~ 4 ij.JLibert j\ venue Carlisle, PA 17013 (717) 243-7922 &on ~ ~,~ . - ~ .'- x: 0.- o :::r M ~t~ " .- --'. = - ~~ - ,... "',...n, .'>'.., . . DEBORAH K. SHULLER . IN THE COURT OF COMMON PLEAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA . V . . . . DAVID H. SHULLER . NO. 94-1986 CIVIL TERM . . . . CIVIL ACTION - LAW . IN REI CUSTODY ORDER OF COURT AND NOW, this 15th day of MAY, 1995, the court is informed that the custody conciliator has not had an opportunity to render a decision as to Devin. Therefore, a special relief hearing before this court is REFUSED. The court directs the custody conciliator first render a decision in the case. By the Court, ~o.\G ,~/ H rold E. 'Sheely, .J. James J. Kayer, Esquire Joan Carey, Esquire Deborah K. Shuller, Plaintiff :sld ~~ 5"/I'1/'1S-. _ .A.~. nAY 17 8 41 ~H '95 ." . ; 1 ':' ~ '..;,-" ,(. ' . . :\~. ~ i'j ,I,;' d) .:", .. . DAVID H. SHULLER, Defendant/Petitioner IN CUSTODY f1Ay 1 0 1995 J,.-I . DEBORAH K. SHULLER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 94-1986 CIVIL TERM ORDER OF COURT AND NOW, this _ day of May, 1995 it is ordered that a Hearing be scheduled for May ,1995 at o'clock in Courtroom No, 1 to hear the Petitioner's Petition for Special Relief. At that Hearing the Court will address whether the Petitioner should continue to be denied access to his daughter, Devin and to determine whether he should see the child on her birthday. By the Court, Harold E. Sheely, P.J. :: ;~:~~~C~~:':': f;~~_~~~_ .'.~~~_:';~_:~:';~:_~. :~.::: _.._ " ~8J..Ctra <LIt) eloh Vd 'elSJJJBO . enue^,t' ~eqn '3 Ii' . ..... .... ~o:;:~:;~S;~~; lJCl1 ~eqn ~ ~~ ~L:'};:~~:_'~l1~'.\;'!. .. ,t.; ~'};.~"';' ", .1.:: ,-<1{- ~8m :.,. 0, A~ . . . h. '_.__ -- - ----- ::i.' 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" . , : >;.., ;.>,~l;i:~:'.~t:.-~;..;'::?:~t';..;.l._.~... . :-::: ~ d.' ..<.'.:....,.: :-:' ';. .~~.\I~;.-~.:..:'~~!:'~t;1,..}-~'qt..q,.~"'l<,~'....!;<'>~~~,"'t-i:~~);-:.".i ';',..l~;~;;,.. >. ..~ ;.,";.,A.ti)l~~"'.(...~}.r~l' -\}.c'X....ti ""(l ~\'~ -" }'" +~" '-'.~~,>>." 'i:!:kr.("~l" .u~." ...f."., ....,~,~ '""';'~""iJ',,~,,-i"~ i'>"...t"~"'A' ~'J'<:::""'}'::"f~iS :~\., -:::<"0' .." >: .':.~ .,,".-.:. "'f..:;'t'.:.:- ~';;:';~"~';;,i;~f.::,~::,.;1;t,,:/.~.. ,",;' .' - 2: ~fi0.-~2;,\'!~i. "~.~: ;,~- t. >';.;',~ >i;~.~.'.'~~,~:.: :~...D ~.... - .,:>:',. ':,: ,..~,.~.-'...<>(~.. ': ;;fj;:"'.- . 'lll:.: '. en" ;5. :~ Z ~: ~. o ~3 U~;5~ !&.Z >. O~IH '0 U HUZ a: 0\0 ~ClHClO>< OZHC7\Cl U<U1'10 ...l<IH lollll: -<ten :r:1ol...lC7\~ Hal.... U 2:> Z~HOZ HU ;...., "~..,.: .... ..U '. .re. : en lll:. '0' 1&.. :Z o ,.... H .... H \~ '11< -;~ '._'.< .. ~, J.,',.... ..;:.. .'; .,.....-.--".,..--< .....-"'.-"'- DEBORAH K. SHULLER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 94-1986 CIVIL TERM DA VID H. SHULLER, Defendant/Petitioner IN CUSTODY PETITION FOR SPECIAL RELmF COMES NOW, Defendant and Petitioner, David H. Shuller, by and through his attorney, James J. Kayer, Esquire and avers as follows: 1. Petitioner is David H. Shuller, an adult individual residing at 1291 High Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Respondent is Deborah K. Shuller, an adult individual residing at R.D.#I, Box 134, Newport, Pennsylvania 17074. 3. The Parties who are married and separated, are the parents of Dylan H. Shuller, bom November 24, 1991 and Devin K. Shuller, bom June 3, 1994. 4. This Honorable Court on September 28, 1994 conducted a Hearing and Judge Sheely after said Hearing ordered that the parties were to share joint legal custody of the children, the mother, Deborah K. Shuller was awarded primary physical custody of the children and the father was awarded partial physical custody of the eldest child. A copy of the Court's Order is attached hereto and designated as Exhibit "I". 5. The Petitioner did not pursue partial physical custody or primary physical custody of the parties' youngest child Devin, due to her tender age at that time and his belief that it would be inappropriate for him to disrupt the regular schedule that the infant had developed with her mother. The Petitioner also recognized that visiting the youngest child in the home of the Respondent was not a viable alternative due to the dynamics of the parties' relationship. - ..,,<~. ~i'.:' . , -"""-..... 6. Petitioner has continued to abide by the visitation schedule set forth by the Judge in his September 28, 1994 Order. 7. Petitioner has advised the Respondent of his desire to spend time with the parties' youngest child, Devin. The Petitioner has been denied all access to the child by the Respondent, despite his repeated requests for visits. 8. The Petitioner has filed a Petition for Modification of Custody with this Honomble Court on or about May 4, 1995. The Petitioner has not been advised as to the date that a Conciliation Conference has been scheduled. 9. The Petitioner wishes to establish a visitation schedule with his youngest child as soon as possible. The Petitioner is concemed that he will not be provided with access to the child on or around her birthday of June 3, 1995. TIle Petitioner is also concerned that a Conciliation Conference will not be scheduled in sufficient time to allow the parties to discuss this topic with the Conciliator prior to the child's birthday. 10. The Petitioner believes and therefore avers that as the child is now approaching one year of age, that it is more viable for the Petitioner to care for the child away from the natuml mother's residence for specified periods of partial physical custody. 11. The Petitioner therefore requests this Honomble Court to modify its September 28, 1994 Order to include both children for the Petitioner's periods of partial custody. The Order as it now reads addresses solely the parties' eldest child, Dylan. Altematively, the Petitioner requests this Honomble Court to schedule a visit for the father with the youngest child, Devin, to occur on or about the child's birthday of June 3, 1994 and to arrange for a tempomry schedule that will allow the Petitioner regular access to the child until the parties are able to meet with the Custody Conciliator. WHEREFORE, Petitioner requests the Court to schedule a Hearing to address this Petition prior to June 3, 1995, the child's birthday. CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Petition for Special Relief was served on the following person(s) by First Class mail, postage prepaid by forwarding a true and correct copy unto: Deborah K. Shuller R.D.ll1, Box 134 Boiling Springs, PA 17007 Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (courtesy copy) R. Scott Cramer, Esquire Center Square Duncannon, P A 17020 Dated: '5 !/b!1, DEBORAH K. SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1986 CIVIL TERM DAVID H. SHULLER, Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the Petition for Leave to Withdraw as Counsel filed by Joun Carey, Legal Services, Inc., it is hereby ordered that counsel is hereby granted leave to withdraw as the attorney for the plaintiff in the above-captioned case. By the Court, Joun Carey LEGAL SERVICFS, Attorney for Plaintiff: C. _..~j;J . Jl- ~ r~ (I ~ S\t-,,\tl James D. Kayer KA YER & BROWN Attomey for Defendant ~ .. \ \. t 1 I 1~. " '7 \' r., St, \11 . . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1986 CIVIL TERM DEBORAH K. SHULLER, Plaintiff DAVID H. SHULLER, Defendant CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUN'iEL Joun Carey, Legal Services, Inc., counsel forthe plaintiff in the above-captioned matter, respectfully represents the following: 1. The plaintiff in the above-captioned action re-applied for representation at Legal Services, Inc. in this new matter before the Court and, after a review of her financial resources and her household composition, was found to be over-income according to the financial guidelines set out by the Pennsylvania Department of Public Welfare. 2. Legal Services, Inc. staff told the plaintiff that our office could not represent her and advised her to seek private counsel in this malter. R. Scott Cramer represents the plaintiff in divorce against the defendant. 3. There are no matters currently scheduled before this court within any time that will not allow the plaintiff a sufficient opportunity to obtain new counsel. WHEREFORE, it is respectfully requested that this Honorable Court grant counsel's request for leave to withdraw. Respectfully submitted, {J1h;;;!C~~ff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 I I li,y 11 Ilk I.J 3 S2 f'iI'95 , . - ,.,..<c......~.l,~~':'.:'_ . , * 06"brc.h k'.Sk...ll~ainti.ff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW ~NO. 1~1--'ct~ CIVIL : CUSTODY /VISITATION 19 * 04,";,\ H, SJ,...I/~fendant '. ORDER OF COOK!!.' _ J,,,,rw 8"; /ctc/S.-' ., AND NOW, th~s . (date) , upon cons~derat~on attached complaint, it is hereby directed that the their respective counsel ap ear before .....b~Jf the concittator, at L. h '(. (~'M I.-J. o. . (\.4 { h......Y'J on the \h day of lAc (.4S , 19 .s-, at /011<> ,Ill' M., for a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or pez:manent order. , FOR THE COURT: By: Custody Conciliator 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 t ." [. 0/ fief OF Tt1: H,.IHOH'jHH CUHUEfiL4HO Cr'lHilY PEHH5vl'..,uitA JUH IZ 10 ~2 AH '95 /.7./,;) ,~.. Uv/, CPf1 M~-/o 4 k'1r' ~ . P 4.5 ~ fl1.J:/.tb 0, ~ . (p ./;} ,rJj- ~ ;;a,u/ -41 1fX!:Y!7~' . A 9>6ll :':;"'.'<''', ."~'~-Y::if:"-*""~'-'_.~'."'_-~';"'" ,,.' _,.c ,- '~~"'\~~,\:~,:;';,~~~t'";~:( " 2aei~~ <L~L). " ,,/e~OL~Vd:'8iq.,Bo,.enu"^v#ecn'3" ..ij01 ~lIcrr l(;:~~:::::~,{;,~~i';:U~~~ooi8UOfSleJOldv' " ,',. ,,:r'~~liih~~~;~~~~::t~~~::~_~"'7"'~~_ . ./ ',"';.:,:, . :~-';>.;: . ,;:~~! 'f ,,~y .~',-, ,. ~'./. ". .;~,- .J.;. , '. h .-~~:~; . .-~ -~ ;'1 ~-;~'i:"~; !;::'~~\{i -~,;<,,<;. '7,- :.~.~,,-;>~. Y": - "~ . ...'i: ~. . ,.","'- . ,-~' <. ::...~~_:;.,!r._ ,J_;":~~. :~~',:;;:1l ,.:0\ ):':~;s~!: '~f:t}.~: ...~.... - ~"I , .,' \,. " . ,'h.'" n 'y- '.,.' , "i: ~, , ~'- ;.: -;;? " Harold E. Sheely, Pol. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1986 CIVIL TERM DEBORAH K. SHULLER, Plaintiff/Respondent DAVID H. SHULLER, Defendant/Petitioner IN CUSTODY ORDER AND NOW, this day of June, 1995 upon consideration of the attached Petition for Adjudication of Contempt and Order of Court, a Heuring is hereby set for , 1995 at .M. o'clock in Courtroom 1, Cumberland County Court House, Carlisle, Pennsylvania, for determination of contempt. The Respondent is ordered to comply with this Court's June 2, 1995 Order regarding custody and visitation arrangements for Dylan H. Shuller and Devin K. Shuller. By the Court, cc: James J. Kayer, Esquire Attorney for Petitioner Deborah K. Shuller, Respondent pro se DA VID H. SHULLER, Defendant/Petitioner IN CUSTODY v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1986 CIVIL TERM DEBORAH K. SHULLER, Plaintiff/Respondent PETITION FOR ORDER OF COURT AND ADJUDICATION OF CONTEMPT I. On May 26, 1995, the parties at the direction of the Court met with Hubert X. Gilroy, Esquire, as Custody Conciliator incident to the Petitioner's Petition for Custody. At issue was Petitioner's request for a visitation schedule to be established with his children, specifically his daughter, Devin K. Shuller, born June 3, 1994. Visitation had previously been established regarding Dylan H. Shuller, bom November 24, 1991. 2. As the parties were unable to reach an agreement regarding visitation, the Conciliator recommended an interim order, which this Honorable Court has endorsed, establishing a regular schedule of visits. A copy of this Order is attached hereto and designated as Exhibit "A". 3. The Court's June 2, 1995 Order confirms that the first visit was to have commenced on June 3,1995 at noon until June 4,1995 at 6:00 p.m. This Order was not distributed to the parties prior to June 3, 1995, however, it was understood that this Order was to go into effect immediately after the Conciliation Conference and both parties were so instructed by the Conciliator, Hubert X. Gilroy, Esquire, on the day of the Conciliation Conference. 4. The Petitioner went to the Respondent's home to pick up the children on Saturday, June 3, 1995 at 12:00 noon. Upon his arrival, it was noted that nobody was home at the residence at that time. 5. Between 12:20 p.m. and 12:30 p.m., the Respondent arrived at her home with the children. At that time, she advised the Petitioner that she would not allow him to take the children until 5:00 p.m. as it was her belief that the visit was not to commence until that time. 6. Officers from the Pennsylvania State Police arrived at the scene at the request of both parties. After interviewing the parties, the Officers authorized the Petitioner to commence his visitation with the children despite the continued protests of the Respondent. 7. Respondent, through her conduct, caused great mental and emotional anguish to the Petitioner, as well as the parties' children. WHEREFORE, Petitioner David H. Shuller, respectfully requests this Honorable Court to order a Hearing on this malter, direct that the Respondent comply with the June 2, 1995 Order pending a Hearing on this malter, and upon a Hearing enter an Order finding the Respondent in contempt, directing that Respondent pay all costs and altomey's fees associated with this proceeding, provide for additional time for the Petitioner to have with the children to supplement the time that was denied him due to the Respondent's conduct, and such other relief as the Court may deem necessary and appropriate. Respectfully submitted, - MAY :3 ; l~:~djV\ DEBORAH K. SHULLER, Plaintiff IIN THE COURT OF COMMON PLEAS OF ICUMBERLAHD COUNTY, PENNSYLVANIA I INO. 1986 - CIVIL - 1994 : I :CIVIL ACTION - CUSTODY v DAVID H. SHULLER, Defendant COURT ORDER AND NOW, this ~day of <1.-..a- , 1995, of the attached Custody ~liation Report, directed as follows: 1. A Hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on August 9, 1995 at 9 A.M. At this Hearing, the Father, David H. Shuller, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel, a Memorandum setting forth the history of the custody in this case, a list of anticipated witnesses that will be called by each party and a summary of the anticipated testimcny of each witness. This Memorandum shall be filed at least ten days prior to the mentioned Hearing. upon consideration it is ordered and 2. Pending resolution of this case after a Hearing and further Order of Court, the existing Order of September 28, 1994, shall remain in effect subject to the following modifications. A. Father's periods of temporary custody shall include custody of both Dylan H. Shuller, born November 24, 1991, and Devin K. Shuller, born June 3, 1994. B. Father's periods of temporary custody with the two minor children pending the Hearing shall be as follows: 1. From June 3 at noon until June 4 at 6 P.M. 2. From June 16 at 5 P.M. until June 18 at 6 P.M. 3. From June 29 at 5 P.M. until July 2 at 6 P.M. 4. From July 12 at 5 P.M. until July 16 at 6 P.M. 5. From July 26 at 5 P.M. until July 30 at 6 P.M. EXHIBIT "A" ...--..-- ,.- -.,---.---.... .- 3. For pick up and delivery of the minor children, the Father may make arrangements to have his fiance pick up the minor children and the Mother may make arrangements to have her boyfriend pick up the minor children. BY THE COURT, /sl '1:Jvu..eL ~. ~ Judge Harold E. Sheel CCI James J. Kayer, Esquire Deborah K. Shuller , ' . TRlIF. COpy FROM P,ECORD In T,;;t;I11~~'1 . ;, ;.~f. I h. r:' t'~t~ ~d my hilOd and the seal of said COllrt at Carli,b, Pa. This ....;l..~.... day of..~....., 19.9.s.:. oM..:t. . f1e1~ ............~.o'....~.........~................ .b~' Prothonotary . (J~~\;;:;:!,.;':::':,_~. DEBORAH K. SHULLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1986 - CIVIL - 1994 I I :CIVIL ACTION - CUSTODY DAVID B. SHULLER, Defendant PRIOR JUDGEI JUDGE HAROLD E. SHEELY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19l5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Dylan H. Shuller, born November 24, 1991, and Devin K. Shuller, born June 3, 1994. 2. A Conciliation Conference was held on May 26, 1995, with the following individuals in attendance: The Father, David B. Shuller, with his counsel, James J. Kayer, Esquire, and the Mother, Deborah K. Shuller, who appeared without legal counsel. 3. There is an existing Order from September of 1994 which gives the parties shared legal custody with the Mother enjoying primary physical custody and the 'Father enjoying temporary custody on alternating weekends from Saturday through Sunday. However, the Order only provided the Father to have custody with Dylan. Father has not had custody or visitation with Devin. 4. The existing Order was entered after a Hearing and was entered at a time when Devin was very young and the Father indicated that the Father did not seek temporary custody of Devin because of his age. 5. Father now seeks expanded visitation to include custody with beth children and to also include extended periods of time in the summer months. The parties discussed these issues at a Conciliation Conference and, for a variety of reasons, the parties were unable to reach an agreement. -",.,.",..t,~'t;:;;:.~_,.-.. 6. A Bearing is necessary in this case and a Bearing should take no more than one day. 7. Based upon the Conciliator's discussions with the parties, the Conciliator feels that the Father should be afforded time with Devin and, additionally, the Father should be afforded extended time with both children over the summer months. The Conciliator's proposal is that the time with Devin be expanded on a schedule of originally one overnight and expanding thereafter. 8. The Conciliator recommends an Order in the form as attached which includes a proposed interim Order on custody. s-hlJ/9r DATE It r..:,"""...~,~..-.~~.. YERIFICATION OF PLEADINGS The foregoing Petition is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the Petition may in part be the language of my counsel and not my own. 1 have read the statements made in this Petition and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, 1 have relied upon counsel in making this Verification. 1 understand that false statements herein made ar Pa.C.S.A. Section 4904, relating to unsworn falsification to ,- Date: bit /15 Deborah K. Shuller R.D. #1, Box 134 Newport, PA 17074 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Petition for Order of Court and Adjudication of Contempt was served on the following person(s) by First Class mail, postage prepaid by forwarding a true and correct copy unto: Courtesy Copy to: R. Scott Cramer, Esquire Center Square Duncannon, PA 17020 Dated: 6It/t!5- ,. , -."'., .- AUG 04 1995 ~ DEBORAH K. SHULLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :NO. 1986 - CIVIL - 1994 . . DAVID H. SHULLER, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this2J day of Al#~ , 1995, the Conciliator being advised that this case is s6heduled for a Hearing before Judge Sheely without the need of a Conciliation Conference, the Conciliator relinquishes jurisdiction. {/)h " $ - - .;~ "..-,. ~..:: .- ').0"" UO;:. .::""J '" o -- - . \~ ~ '" r. ,- c.:> :::> -. DEBORAH K. SHULLER. Plaintiff/Respondent v. DAVID H. SHULLER, Defendant/Petitioner t,;~ ,..;r:.4< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1986 CIVIL TERM IN CUSTODY ORDER OF COURT ~ AND NOW, this ?-- I day of August, 1995, it is ordered that the hearing scheduled in the above-captioned matter for Wednesday, August 9, 1995, at 9:00 a.m. is hereby continued until October 16, 1995 at 9:00 a.m. That hearing shall take place in the Cumberland County Court of Common Pleas Court Room No. 1. cc: Paul Bradford Orr, Esquire Attomey for Plaintiff James J. Kayer, Esquire Attorney for Defendant BY THE COURT, jJcv~ll~ ~/ HAROLD E. SHEELY, P.J. ~ 8/ ;1;>'/ 'is' .><\.~. , ,..... e.. f' . ... Ov'.,. ~.,l ~UG 1\ 2. 20 r~ I~l) " o!flCE a' ".: ",,(I\OK,,1h!\'l' r,'Jl\" tlll~lla cru'!l'l' PE. H~':i 'fL"..' ;vr~ DEBORAH K. SHULLER, : IN THE COURT OF COMMON PLEAS OF plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : v. . 94-1986 CIVIL TERM . : DAVID H. SHULLER, . . Defendant . CUSTODY . IN RE: MEMORANDUM OPINION AND ORDER ORDER OF COURT AND NOW, this 28th day of September, 1994, a hearing was held today in which Mr. Shuller had requested primary physical custody of his son, Dylan Shuller, who was born on November 24th, 1991. The parties had previously been before a custody conciliator, and at that time they were not able to agree as to who should have primary physical custody of Dylan. Another child was born to the parties after they separated, and her name is Devin Keely Shuller, and she was born June 3, 1994. At the hearing today Mrs. Shuller was represented by Joan Carey, Esquire, from Legal Services, and Mr. Shuller was not represented by counsel. After Mr. Shuller had testified today, I informed him that it was against the law in the Commonwealth of Pennsylvania for a judge to split the custody of children unless there was an extraordinary reason for doing so. Prior to that statement being made to Mr, Shuller, he was not interested in seeking custody of Devin, who was, as I indicated, born June 3, 1994. He said that he would be willing to change his mind and accept custody of her also if this would have some bearing on his obtaining custody of his son. ~ j...---. Based on everything that I heard here today, I will direct an order that Deborah K. Shuller shall have primary physical custody of both children, Dylan H. Shuller, born November 24, 1991, and Devin Keely Shuller, born June 3, 1994. The Court directs that the parties shall share legal custody of both children. If Mr. Shuller wants to file a petition seeking custody of both children, I direct that it be filed not sooner than three months from today, and I will hold another hearing where that issue can be fairly presented. Mr. Shuller presently lives with a lady that he designates as his fiance, and she has two young boys. She indicated that when Dylan comes to stay, he gets along well with her two young boys; and she further indicated that if I permitted Dylan to stay overnight with his father, that she would be willing to care for him the same as she would for her own children. The present order of partial custody that has been set forth for Mr. Shuller is from 10:00 a.m. until 6:00 p.m. on each Sunday. That is the sole period of partial custody that he has at this time. I'm prepared to enter an order allowing Dylan to stay overnight with his father and his fiance. I will think about this a little further, and we'll enter an order either today or tomorrow authorizing that partial custody. By the Court, /h~. Harold E. .J. -,~",-"'. ~. L:- ,,~,._....~,,~-,'--.-,.,- OCl Z\ II 311 ~>ii 19~ , t iCl (1\ ., . ,:)'C'; ,\fo.': CUV;';" ., ':~ t ';'tT'1 ; t,i h ' . , ". ., ',J', M" "'.,' , ~. . Joan E. carey, Esquire Legal Services David H. Shuller, pro se 1291 High street Boiling Spring, PA 17007 lt I' \i" _;'1 ,"'. Or.l 2\ \ \ 3\\ :,n IS\\ . \, }d ;~ it d." .f> ~ . I N TIlE COURT OF COMMON PLEAS OF DEBORAH K. SHULLER, Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-t986 CIVIL TERM DAVID H. SHULLER, Defendant CUSTODY PLAINTIFF'S WITNESS LIST Thc plaintiff, Deborah K. Shu11cr, by and through hcr attorney, Joan Carey of Legal Services, Inc., sets forth this I ist of wi tnesses along wi th a summary of their ~xpected testimony for a custody hearing to be hcld on September 28, 1994, at 11:00 a.m. in Courtroom No. t. WITNESSES 1. Deborah K. Shuller R.D. I, Box 34 Newport, PA 17074 (7t71 444-2063 The plaintiff to testify that she has provided for the children's physical and emotional needs since their births and in addition, has provided for their financial needs since separating from the dcfendant, and is able to continue to provide for their needs including a stable and nurturing environment. 2. Boyd Thumma 215 Forgc Road Boiling Springs, PA 17007 (717) 258-3376 The plaintiff's step-father to testify to the plaintiff's character, parenting skills and relationship with the children, as well as thc dcfendant's parenting skills, interaction with the children and abusc of the plaintiff in the presence of the chi Id. 3. Joyce Cook 287 Bradley Circle Ncw Cumberland, PA 17070 (717) 774-1630 The plaintiff's aunt, Joyce Cook, to testify to the plaintiff's character, her parenting skills, and her interaction with the children. 4. Juani ta Mur ling R.D. I, Box 34 Newport, PA 17074 (7t7) 444-2063 The plaintiff's friend and housematc to testify to the plaintiff's character, her parenting skills, her interaction with the children, and her observance of the defendant's care of Dylan during transfer of custody of the child. 5. Betty Koopman R.D. 2, Box AI93 Newport, PA t 7074 (717) 567-7421 The plaintiff's employer to testify to the plaintiff's parenting skills, her interaction with her children, and her character and reliability as an employee. 6. Jeff Garman 2223 Pine Road Newville, PA 1724t (717) 776-4951 The plaintiff's brother to testify to the plaintiff's character, her interaction with the children, as well as the defendant's behavior as it affected the child. The plaintiff reserves the right to call other witnesses upon reasonable notice to the court and counsel. EXHIBITS Pertinent educational, medical and any other relevant records. Respectfully submitted, September 19, 1994 / I i , oan Carey, LmAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 -:r c:r> >- - ",'" = ..1- ....:.\": .~ 0- '...11,-, ;;1.i, ~ ("j;r.:"'-;' ~....-::~"""-.t. ~.. ",-:"" /''', ~.. -:T ,...-.' ..' ...'! '. cr> :.li,:~~'~ - .' ~:.~ 0- I~g ... V1 "" . . JUL 2 7199.~ ~,f.~ 1/ ,.,J DEBORAH K. SHULLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1986 - CIVIL - 1994 . . DAVID H. SHULLER, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDBR __- AND NOW, this '1...)'~ day of ~~.y~ \ , 1994, consideration of the attached Custody Conciliation Report, ordered and directed as follows: upon it is 1. A Hearing is scheduled in q9~Ftroom No. 1 of the Cumberland County Courthouse on the~ day of ../kj)/(":, hPA.J ,1994, at L/'rDll,I'(. at which time testimony will' bel taken in this case. At this Hearing, the Mother, Deborah K. Shuller, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties themselves, if they do not have legal counsel, shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody and also setting forth a list of witnesses that will testify at the Hearing along with a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least ten days prior to the Hearing date. Pending further Order of this Court, this Court's prior Order of April 18, 1994 shall remain in effect subject to the following revisions: A. Upon exchange of custody, the Father shall not leave the minor child at the Mother'S home unless the Father has delivered the child to an adult present at the home. 2. B. The Father's period of temporary custody is expanded from 10 A.M. until 6 P.M. on Sunday'S to account for Father's required travel time with the child. The Father shall handle all transportation for exchange of custody. . . ,-; ~UG ~ 10 ss AH 'Sq , I "" 'eFflef Of r,,< r.;r'THOH~T4~Y CU/4erIiLAHO C('UtIrY PCHHSYL~A~14 h l .~ I ~ . - 00: C. Father shall notify Mother by phone at Mother's aurrent resldenae if the Father is unable to make a tlmely plakup or delivery of the ahlld pursuant to t~e Court Order. BY THE COURT, ., lla.-uJ\ e _~- ~e Harold E. Sheely Jan Terpening, Legal Servlaes ./,..,d',/".L -0'3 ~-pt,., I.":"" f.-t.- >>/':!.;'''' David H. Shuller DEBORAH K. SHULLER, plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1986 - CIVIL - 1994 . . DAVID H. SHULLER, Defendant . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE HAROLD E. SHEELY CONCILIATION CONFBRENCE SUlfHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Dylan H. Shuller, born November 24, 1991, and Devin Keely Shuller, born June 3, 1994. 2. A Conciliation Conference was held on July 15, 1994, with the following individuals in attendance: The Mother, Deborah K. Shuller, with her counsel Jan Terpening of Legal Services, and the Father, David H. Shuller, who appeared without counsel. 3. The parties separated in March of 1994. At that time, Mother moved to Newport in Perry County. 4. There is a Temporary Custody Order of April 18, 1994 giving Mother primary custody and Father temporary custody every Sunday from 10 A.M. until 4 P.M. 5. At the Custody Conciliation Conference, the Mother made proposals relative to her maintaining primary physical custody with Father having periods of temporary physical custody. The Mother, who filed a Petition, only addressed in the Petition the minor child Dylan. At the time of filing the Petition, Devin was not born. 6. The Father, who is unrepresented, seeks to have primary physical custody of Dylan. The Father suggests that he does not want to include Devin in his claim for custody because he feels it may prejudice him in his ability to obtain full custody of Dylan. 7. Father suggests that he should be primary custodian of Dylan in order to help Dylan grow up as a man and teach Dylan to work with his hands and have an adequate relationship with a woman. Mother expresses concerns about Father's prior lack of contact with Dylan and Father's ability to properly care for Dylan at this time. B. An agreement could not be reached at the Custody Conciliation Conference. The Conciliator reconunends an Order in the form as attached. I) II/lEu ~ v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t'1g-tp NO. 94 - CIVIL TERM DEBORAH K. SHULLER, Plaintiff DAVID H. SHULLER, Defendant CUSTODY AND NOW, this TEMPO~RY CUSTODY ORDER 'St: day of jj}rI=::J L-;-1994, upon consideration of the Petition for Special Relief, primary custody is granted to the plaintiff, and partial custody is granted to the defendant for each Sunday from 10:00 a.m. to 4:00 p.m. The defendant is ordered to return the child immediately to the plaintiff's custody and the police are directed to enforce this custody order. This Order remains in effect until further Order of Court. By il:O,~t; ~ ( ~. .~ , ~PR \8 4 lS \'l\ '9~ ..)HtCr 01 ,;,; 'I()H7,Uk~ CUtJ.b: ,; '..f.h~} CI;\~~Hl Pctd;C;'l'o.'i~N.~l , . c. ,- , -:;' DEBORAH K. SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Iqg~ NO. 94 - CIVIL TERM CUSTODY DAVID H. SHULLER, Defendant PETITION FOR SPECIAL RELIEF The Petitioner by and through her attorney, Joan Carey, Legal Servicee, Inc., represents the following: 1. The plaintiff, Deborah K. Shu11er, hereinafter referred to ae the mother, resides at RD 1, Box 134, Newport, Perry County, Pennsylvania 17074. 2. The defendant, David H. Shuller, hereinafter referred to as the father, resides at 1291 High Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties are the parents of Dylan H. Shul1er, date of birth November 24, 1991. 4. On April 18, 1994, a Complaint for Custody was filed in the above-captioned matter by the mother. A conciliation conference is scheduled for , 1994, at .m. before 5. The mother has been the primary caretaker of the child, Dylan, since his birth. 6. The mother left the father on March 13, 1994. 7. The mother contacted Legal Services, Inc. during the week of March 13, 1994, and requested representation in the matter of custody, and on March 17, 1994, Legal Services, Inc., wrote to the defendant in an attempt to negotiate a consent agreement. (See Plaintiff's Exhibit "A", attached and incorporated by reference). 8. On or about March 21, 1994, the defendant contacted Legal Services, Inc. indicating his willingness to settle the matter of custody by consent agreement, and on March 31, 1994, Legal Services, Inc, sent the defendant a draft agreement for his review and signature requesting a response by April 15, 1994. (See Plaintiff's Exhibit "B", attached and incorporated by reference) . 9. Since the parties' separation, the mother has arranged for the father to see the child approximately four times for periods of at least three hours at the mother's parents' residence and has initiated telephone contact of the child with the father on at least three occasions. 10. On or about April 17, 1994, the father visited with the child from 10:00 a.m. until 1:00 p.m. At the end of the visit, the father physically restrained Dylan in an attempt to remove the child, and when the maternal grandparents intervened to stop the defendant from removing the child from the residence, the father, while still holding the child, punched the grandfather. The state police were called but refused to prevent the father from taking the child. 11. Later on the evening of April 17, 1994, the mother made several attempts to locate the child including returning to the marital residence where she found the father and his brother without the child. To the best of the plaintiff's knowledge the child was not in his care and as of Monday, April 18, 1994, the child has not been returned to the mother. 12. The father works at Mid-state Construction for approximately 80 hours each week and the mother has no knowledge who is providing care for the child. 13. The mother has been the child's primary caretaker; the mother is currently not employed and can continue to provide care including a stable home for the child. 14. The mother has concern for the welfare of her child because the father has never provided care for the child except sporadically for approximately two hours. WHEREFORE, the plaintiff requests that this court enter a Temporary Order granting immediate primary custody of the child to the plaintiff, and granting partial custody of the child to the defendant each Sunday from 10:00 a.m. to 4:00 p.m. until further Order of Court. The plaintiff requests that the defendant be ordered to return the child immediately to her custody and that the police shall enforce this custody order. Respectfully submitted, 1~'// (Joan Carey / Attorney for Pl intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 " ~ I LEGAL SERVICES, INC. 8 Irvine Row Carlisle. Pennsylvunia 17013 (717) 243-94110 Fax (717) 243.8026 West Shore (717) 766-11475 F,.....II..Fan.u.e . ChaMenDufJ, l"c'UII,h"'N' 17:01 17171:64-US4 19 W.If. Slm' Ocl""'" I"cllftftfva." In:" (71l)1J4.1W 103 1mmI. w.,. r:.a.. P.O. OoI.uS McCUflnclJ\hu,.. f"t''''''h,"101 11:,1.\ t7l7JUS....IU March 17, 1994 David Shuller 1291 High street Boiling springs, PA 17007 Dear Mr. Shuller: Legal Services, Inc. represents Deborah Shuller in the matter of custody of Dylan Shuller. It is Deborah's desire to have a CUstody Order in place. She would like to settle this matter without litigation by entering into a custody Consent Aqreement. Deborah proposes the following terms: 1. Deborah would have primary physical custody. 2. You would have physical custody of the child every other weekend, on alternate holidays, and at other times mutually agreed upon by you and Deborah. Please contact me, or have your attorney contact me, with your position on the Consent Agreement terms by March 29, 1994. sincerely, LEGAL SERVICES, INC. ull1.Jl/L; RuI.JJ_A.JLu..~ Shari Rubenstein Student Attorney ec: Deborah Shuller SUt/sr Exhibit "A" SERVING ADAMS. CmIUERL\ND. FRANKLlS AND tl.'LTOS COl'STIES . UnUiIll I LEGAL SERVICES, INC. 8 Irvinc Row Carlislc. Pennsylvania 17013 (717) 243-9400 Fax (717) 243.8026 Wcsl Shore (717) 766.8475 "uti.,. F.,. ...... . a..._~""""""ITlIlI . 11I71%6&ollU IIW.llipllml Ort.,..,..,.. r.Mt)'hoIw 17315 1111)))<,'611 IOJ UncoIn WI,. Eut '.0. Uoa...' M<C'oMtlhbw.. I"tltMyt",nll I11U ('.'14M..."U March 31, 1994 David Shuller 1291 High street Boiling springs, PA 17007 Dear Mr. Shuller: On March 21, 1994, you called our office and indicated that you would be willing to enter into a Consent Agreement with Deborah Shuller regarding custody of Dylan Shuller. You said that you would agree to having custody of Dylan every other weekend, on alternate holidays, and at other times mutually decided upon by you and Deborah. I have drafted a Consent Agreement containing these terms and have enclosed it herein for your review. At this time, we ask that you read the Agreement, sign it in the location marked with a post-it note, and return it to our office in the enclosed self-addressed, pre-stamped envelope. You may wish to have an attorney review the Agreement before you sign it. Please return the Agreement to our office, or let us know of your status, by April 15, 1994. Sincerely, LEGAL SERVICES, INC. Shari Rubenstein Student Attorney enclosure SUt/sr Exhibit "B" SERVING ADAMS. CUMDERL\ND. FRANKLIN AND FULTON COUNTIES . ""'U:IIl The above-named Plaintiff, Deborah K. Shuller, verifies that the statements made in the above Petition for Special Relief are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pat C.S. 14904, relating to unsworn falsification to authorities. Date: 1./- l'jAN lOd'1 i k )ktlL Deborah K. Shuller, Plaintiff c c7 LA r~A a Co"" ^ ",u f hll S ,j , f' c. 'io.e,..J4~~d CO" ,,-I Y P'-N'; Jr It.. ,..\ It o I..Ihlll / _~. p eCWP/l/4 ~. .s 11 'III' 11- ~ flAI rnll \I (f ('-.pAVICH. ",0.(186 _ c,(J1/- ,/lOV ;) SH-I'''-'fl- 4- IV 'n, Od4",brJ civIl fJ.t:,:tlaW CvJlo~,/ ! ~ ; C~ \'ocl~ (Yl C (t\ 0 r(). ^ (~ LU''-1 , :f; / ,i S pu,.,d ~(,-r:c (-' i ''C z.\ Oe~o;c.~~J Allf.fl/des ;"'IV~flJ leI1ViN.? .~_ , Gf J.: ~.lR'A<".v.< (;,... 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Ln - ,,'" e- v-: .' ,;' I, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /tf~1p : NO. 94 - CIVIL TERM DEBORAH K. SHULLER, PlAintiff DAVID H. SHULLER, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Deborah K. Shuller, Plaintiff, to proceed in forma oauoeris. I, Joan Carey, attorney for the party proceeding in forma oauoeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~ an" Carey Attorney for Pl LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 DAVID H. SHULLER, Defendant CUSTODY vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Iqgtp NO. 94 - CIVIL TERM DEBORAH K. SHULLER, Plaintiff AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associate$, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Deborah K. Shuller Address: RD 1. Box 134 Newport. PA 17074 Social Security Number: 208-56-1258 (b) If you are presently employed, state Employer: N/A Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: Salary or wages per month: 11/88 S800.00 Type of work: ProQram worker/GrouD home (c) Other income within the past twelve months Business or profession: 0 Other self-employment: 0 Interest: 0 Dividends: 0 Pension and annuities: 0 Social Security benefits: 0 Support payments: 0 Disability payments: 0 Unemployment compensation and supplemental benefits: 0 Workman's compensation: 0 Public Assistance: 0 Other: CHad been sUDDorted by her husband throuQh March 13. 1994. until the break-uD of the marriaQe) (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: , (e) Property owned Cash: S20.00 Checking Account: SO.OO Savings Account:CJoint account with her son) S90.00 Certificates of Deposit: SO.OO Real Estate (including home): Owned Jointly with husband. He is currently living in the home. Motor vehicle: Make Mazda Year 1987 Cost S10.000.00 Amount owed SO.OO SO.OO SO.OO Stocks; bonds: Other: (f) Debts and obligations Mortgage: SO.OO Rent: Living with friends. no rent oaid Loans: SO.OO Monthly Expenses:Groceries S120.00: Gas for vehicle S25.00: Miscellaneous S50.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: Dvlan Shuller Age: 2 1/2 years 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein ~ are made subject to the penalties of 18 Pat C.S. 4904, relating to unsworn falsification to authorities. Date: 'I-I fl"l if 1J()f/~l~ M~/ L Deborah K. Shuller, Plaintiff , . . ~ It'l .... ~,.. -c>- 0-'" ~~.<,':~ ~~~~;g .) - >~ '., If, ~ "::I'" c::r, - - ~.-:-- ~ -=r () () v) ....., t, ,.;:-: co ;, .!: ; , .....:;x l.,.I ~ 8 Irvine Row Carlisle. Pennsylvania 17013 (717) 243.9400 Fax (7t 7) 243.8026 West Shore (717) 766.8475 F,..Ui,. FarM laM Chllftbcnbu,.. 'caftl)'fnnll InDl 11111264-5>>4 LEGAL SERVICES, INC. 19W.Hi,tlSlfCCl o.,,,,,,,,,"_Io'7l%S C'I7)JJ6.7W IOJ UncoIa W.., EMl P,O. "'''''5 Mrt'l>noc!hhuIJ. .._loin>> (717' "'''''IS August S, 1994 David H. Shuller clo James Shuller 3895 Valley Road Marysville, P A 17053 RE: SHULLER v. SHULLER NO. 94-1986 CIVU., TERM CUSTODY Mr. Shutler: I have enclosed a certified copy of the Order of Court and Conciliation Conference Summary Report in the above-captioned matter thereby notifying you of the custody hearing. Sincerely, ~s~ me, /' Jan Terpening ~ Paralegal cc: ~onorable Harold E. Sheely Hubert X. Gilroy, Esq. - Custody Conciliator Deborah K. Shuller SERVING ADAMS. CUMBERLAND. FRANKUN AND FULTON COUNTIES . ""11II DEBORAH K. SHULLER, IN THE COURT OF COMMON PLEAS OF Pl a i nt iff : : CUMBERLAND COUNTY, PENNSYLVANIA v. . . DAVID H. SHULLER, : NO. 94 - t1f!scIVIL TERM Defendant CUSTODY AND NOW, this ORDER OF ~~ day of COURT I7fr.) 1994, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before __~~~t ~. 6:\roy ~~ ,the conciliator, at '$rJ day of .. Tu 11(;- . 1994, .m., 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, ~~J ~ 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA '17013 TELEPHONE NUMBER: (717) 240-6200 hPR 11 \\ 18 ~\\ 1M i f\C~ \,,~ . 'J \ .' . "'I \1 t, f ~I" ~ ,', ') c.. ~\.J , . , . '. " '" t ~ r.U',t'l.' ", -.'(.ll'. t)t.)\II~t - . DEBORAH K. SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. rlK~ : NO. 94 - CIVIL TERM DAVID H. RHULLER, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Deborah K. Shuller, residing at RD 1 Box 134, Newport, Perry County, Pennsylvania 17074. 2. The defendant is David H. Shuller, residing at 1291 High street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff seeks custody of the following child: Name Dylan H. Shuller Present Residence A!lll RD1 Box 134 2 Newport, PA 17074 DOB - 11/24/91 The child was not born out of wedlock. The child is presently in the custody of David H. Shuller, who resides at 1291 High Street, Boiling Springs, Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: ~ The plaintiff and defendant Address Date The plaintiff and Emily, Boyd, and David Thumma (the plaintiff's mother, stepfather, and brother, respectively) 1291 High Street Boiling Springs, PA 215 Forge Road Boiling Springs, PA 11/24/91-3/13/94 3/13/94-3/16/94 . ~ Address ~ 3/16/94-4/17/94 The plaintiff and Juanita, Jim, and Jennifer Murling, Shane Bankus, and Roy Robinson (the plaintiff's best friend, her husband, children, and brother). RD1 Box 134 Newport, PA Defendant 1291 High Street Boiling Springs, PA 4/17 /94 - Present The mother of the child is Deborah K. Shuller, currently residing at RD1 Box 134, Newport, Pennsylvania. She is married. The father of the child is David H. Shuller, currently residing at 1291 High Street, Boiling Springs, Pennsylvania. He is married. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: ~ Juanita Murling Jim Murling Jennifer Murl ing Shane Bankus Roy Robinson Relationshio Plaintiff's friend Friend's husband Friend's child Friend's child Friend's brother 5. The relationship of defendant to the child is that of father. The defendant currently lives alone. 6. 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. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including: a. The plaintiff has been the primary caretaker of the child and can continue to provide for the child's needs including a stable home. b. The defendant has not acted in the child's best interest by taking the child from the plaintiff's custody and refusing her any contact with the child. 10. 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. WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the child to the plaintiff with partial custody in the defendant. Respectfully submitted, ) osn Carey Attorney for Plai iff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 ~""'''''''''''''.'''-:'''.'''..-'~ :~ The above-named Plaintiff, Deborah K. Shuller, verifies that the statements made in the above Complaint are true and correct. Plaintiff understands that false statements herein are made sUbject to the penalties of 18 Pat C.S. 64904, relating to unsworn falsification to authorities. Date: Lj-IR- CjLJ lJJr? f k JLJL Deborah K. Shuller, Plaintiff ~ ":r' en - ,~ '4 :.- ",,'" .. ,- .~:~~..t :~ :'.~ ~~.::~ ;',:-,Y..:C1Jo .:,;":' ~ '-;."') = <::l <::l '",' "" 'I'l '- '0 .... ::r '= '" .J,.. '. ....:x;: .... '. - -.,.__....,-.~ " .-~-._>...'.~ DEBORAH K. SHULLER, IN THE COURT OP COMMON PLEAS OP Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA . . V. . CIVIL ACTION - LAW . : 94-1986 CIVIL TERM DAVID H. SHULLER, . . Defendant . IN CUSTODY . IN RE: VISITATION ORDER OP COURT AND NOW, this 16th day of October, 1995, a hearing was held this date, at which time both parties were represented by counsel. The issue today solely concerns partial custody on behalf of the father. The parties have agreed that the mother should have primary physical custody of both children. The mother lives in Newport, Perry County, Pennsylvania. The father lives in Boiling Springs, Cumberland County, Pennsylvania. There's about a 30 to 35 mile distance between the residence of the mother and the residence of the father one way. As indicated above, the testimony today was limited, and was limited solely to the periods of partial custody of the children with their fathor. From the hearing today, the Court makes the following order: 1. Deborah K. Shuller, the natural mother of the children, is awarded primary physical custody of Dylan H. Shuller, born November 24th, 1991, and Devin K. Shuller, born June 3rd, 1994. 2. Joint legal custody of both children is awarded to both parents. 3. David H. Shuller, the father of the children, shall have partial custody of both children on the following dates and timesl . . a. EvElry other Thursday from 6:00 p.m. on Thursday to Sunday at 6:00 p.m. The effective date shall be Thursday, October 19th, 1995. b. Alternating Thanksgiving and Christmas from 3100 p.m. the day before the holiday until 3100 p.m. the day of the holiday. Also the father may have partial custody of the children at such other times during the Christmas holiday as the parties may agree upon. Pather shall have Christmas 1995. c. Other holidays as the parties may agree upon from 3:00 p.m. the day before the holiday until 6:00 p.m. the day of the holiday. d. During the summer weeks the father may have partial physical custody of the children four weeks each summer. Two of the weeks may be consecutive. To enable the parties to make appropriate arrangements for vacations during the summer, X would ask that the father give the mother 45 days prior notice . of the weeks he wants to have custody of the children. 4. Mrs. Vaughn, who is the fiancee of Mr. Shuller, and Roy Robinson, who is the boyfriend of Mrs. Shuller, may assist in picking up and returning the children from the periods of partial custody when required. By the Court, Paul B. Orr, Esquire Por the Plaintiff James J. Kayer, Esquire Por the Defendant e..~..... r>"C-<-CJ... 10 It ~ 1'iS"- ,.I.~ mal '\ DBBORAH X. SHOLLBR, Plaintiff I IN THB COURT OF COMMON PLEAS OF I CUMBBRLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I 94-1986 CIVIL TBRM I V. DAVID H. SHOLLER, Defendant IN CUSTODY IN RE I PBTITION FOR CONTEMPT ORDER OF COURT AND NOW, this 16th day of October, 1995, the parties appeared before a custody conciliator on May 26th, 1995, and, among other things, he directed that the father would have partial custody of both children from June 3rd at noon until June 4th at 6100 p.m. He also directed that the father have partial custody on June 16th at 5100 p.m., June 29th at 5100 p.m., July 12th at 5100 p.m., and on July 26th at 5100 p.m. This was all oral. The custody conciliator did put this into writing, and it was presented to the Court Administrator's office on May 31st, 1995, and I believe it was given to me on the same date, May 31st, 1995. I signed the order on June 2nd, 1995, and the order was filed in the Prothonotary's office on June 2nd, 1995, at 1157 p.m. On June 3rd, 1995, the father and his fiancee went to the residence of Mrs. Shuller to pick up the children shortly before noon. She was not present at that time. Later on she did arrive, and she refused to give the father custody of both children. In her mind she said the transfer was not to take place until 5100 p.m., the same as four other dates as I have mentioned above. Apparently Mr. Shuller would not agree that it was 5100, which was, in fact, correct, and he would not leave, and the boyfriend of Mrs. Shuller came to the house and .. apparently loaded a rifle and told Mr. Shuller to get off of his property. The State Police were called. They arrived, and after they talked this matter over Mrs. Shuller gave the younger child, Devin, to Mr. Shuller. The delay in picking up the children was approximately three hours, and he did get the children and then left the premises. X was informed through testimony today that the State Police did not file charges against anyone concerning this particular incident. The father since this incident has filed this petition for contempt alleging that the mother violated the custody order that was directed by the custody conciliator. Based on all the testimony that X heard today, X find that there was a technical violation of the order since I did sign the order June 2nd, 1995, which directed that the father was to'have custody of both children on June 3rd at noon and not at 5100 p.m. However, considering all things, the fact that the order had not been written, and she had not received a copy of it until later, X am not going to make an adjudication of a formal contempt except I will direct that she pay for the filing fees for the petition for contempt, if the filing fees were charged by the Prothonotary. The request to make her pay for attorney's fees in connection with the contempt hearing is refused. So, HJ T5" By the Court, , I lJU " , ~1~, ,~ t -" ,/ Sheely, P. . .. Paul B. Orr, Esquire For the Plaintiff _ Co-fU4' -...J.,l 10/lf /9.r' i ..86'. James J. Xayer, Esqu re For the Defendant mal u-..;...""""""",,.,___ DEBORAH K. SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID H. SHULLER, Defendant CIVIL ACTION - LAW CUSTODY NO. 94-1986 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 31st day of March, 1999, the defendant/petitioner's petition for emergency relief in this case is denied. By the Court, Ke-J$.,: 'H:!A: / Paul Bradford Orr, Esquire For the Plaintiff ~~4.' n>L~G,L '1-/11,/ qq , .>>..,.. Allen Welch, Esquire For the Defendant :bg I:'\\:[)-O=~"'t' t.. ,I .V_ nl' "... '''c'' ",' "J--I"""{ J" \~'1'" ..., ""..\ rJ1 99 '.rR III ,\1\ 9: L. 8 CU".," 'I'" "~"N1Y I'''.....!"-,., ,- '1- , ' j '1j' j.......~.. ,-,,' ..J ..,-, I PcNN:;YLVX'llil . MAY 2 8 19QV I! DEBORAH K. SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1986 CIVIL IN CUSTODY v DAVID H. SHULLER, Defcndant COURT ORDER ..1........ AND NOW, this L ~ day of b4ay, 1999, upon considcration of thc attached Custody Conciliation Report, it is ordered and directed as follows: 1. lbis Court's Order of October 16, 1995 is ratified subject to the modifications set forth below. 2. Paragraph 4 of the existing ordcr is modified so that Georgia Shuller, who is now the wife of Father, may handle transportation, 3. The Mother shall und~, ,'" ,!:t alcohol evaluation. The results of that evaluation shall be shared with the Father. In the event that the evaluation shows that the Mother requires any type of alcohol treatment and the Father feels the Mother is not addressing the alcohol issues, Father may petition the court to have the case again scheduled for a conference with the Custody Conciliator. 4. Father shall also enjoy periods of temporary physical custody with the minor children at such times as the parties may agree. It is anticipated by this provision that Mother will be allowing Father additional time beyond what is set forth in the order. Specifically this is to make up for Thursday evenings when Father has been unable to exercise custody because of the existing distance between the parties. 5. The prior order is also modified to reflect that the Father is now living in Middletown, Dauphin County. BY THE COURT, cc: Paul B. Orr, Esq. David H. Shuller J. _ Co~ ,...cd.Ji..l 4>/3/f9, .,J, "P. ..'--._~-- FILHrOH-lCE OF THr: r.POTIJCH.1TAAY 99 JUN -2 PI1~: 02 CUMBEfii.JND COUNTY pENNS't'\.VANIA " :r -t j t .... -" '..-' . '"".;.,,,-.~. '- , DEBORAH K. SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1986 CIVIL IN CUSTODY v DAVID H. SHULLER, Defendant Prior Judge: Kevin A. Hess 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: I. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Dylan H. Shuller, born November 24, 1991, and Devin K. Shuller, bom June 3, 1994. 2. A Conciliation Conference was held on May 27, 1999, with the following individuals in attendance: The Mother, Deborah K. Shuller, with her counsel, Paul Bradford Orr, Esquire; and the Father, David H. Shuller, who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached. t (;). it iff DATE