HomeMy WebLinkAbout94-02021
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CHARLES M, SHIVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs,
.
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NO, CIVIL 1994
CIVIL ACTION - LAW
.
,
KATHY L, SHIVELY,
Defendant
,
,
,
,
: CUSTODY/VISITATION
IN RE: Custody of
KARLEE A. SHIVELY and MATT,
BRANDON SHIVELY, minor children
:
.
,
,
.
ORDER OF COURT
AND NOW, this ettnC( day of ftprl ), 1994, upon
consideration of the attached complaint, it is hereby directed that
the arties and their respective counsel appear before
10'\. rt- . I Iro- ~, the conciliator, at r-4
- Oi)/ l....., ,cur N;;u.s;r on the 2..!'A day of
~ , 1994, at ()/~#IJ ,moo for a Pre-Hearing Custody
Conferen e. At such conference, an effort will be made to resolve
the issues in disputel or if this cannot be accomplished, to define
and narrow the issues to be heard by the court, and to enter into
a temporary order, All children age five or older may also be
present at the conference, Failure to appear at the conference
may provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
BY:
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 17013
(717) 240-6200
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW 7
eN -JMI C,'v'"/ It(/'fl
NO, CIVIL 1994
CHARLES M, SHIVELY,
Plaintiff
KATHY L. SHIVELY,
Defendant
IN CUSTODY
In Re: Custody of
KARLEE A. SHIVELY and
MATT BRANDON SHIVELY,
Minor Children
COMPLAINT FOR CUSTODY
COMES NOW, CHARLES M. SHIVELY, Plaintiff in the above matter
and represents as follows:
1, The Plaintiff is CHARLES M, SHIVELY, residing at
501 Spring Run Drive, Mechanicsburg, Cumberland County, Pennsylvania
17055,
2. The Defendant is KATHY L, SHIVELY, residing at 126 Gilbert
Road, Shippensburg, Cumberland County, Pennsylvania 17257.
3. Plaintiff seeks shared legal custody and regular
visitation of the following children:
NAME PRESENT RESIDENCE AGE
Karlee A. Shively 126 Gilbert Road 9 years
Shippensburg, PA 17257
Matt Brandon Shively 126 Gilbert Road 6 years
Shippensburg, PA 17257
The Plaintiff and Defendant are the natural parents of the
said children and were born in wedlock, Karlee was born on
October 10, 1984, at Carlisle Hospital and Matt was born on
August 3, 1986 at Carlisle Hospital,
During the past five years, the children have resided with the
following persons and at the following addresses:
NAME ADDRESS DATES
Defendant 18 South Locust Street
Hagerstown, MD 1989-1990
Defendant Roxbury Ridge Apartments
Shippensburg, PA 1990-1992
Defendant Hammond Road
Shippensburg, PA 1992
Defendant 126 Gilbert Road
Shippensburg, PA 1992 - to date
4. Plaintiff is the natural father to both children.
Plaintiff and Defendant were divorced by decree dated June 8, 1992,
Franklin Co. No. FR 1989-95, and Plaintiff has since remarried.
Plaintiff resides with his wife Debra Jo Shively,
5, The Defendant is the childrens natural mother.
Plaintiff and Defendant are currently divorced,
6, Plaintiff has not participated as a party or witness, or
in another capacity, in other litigation concerning the custody
of the children in this or another Court.
7. Plaintiff has no information concerning any custody
proceeding concerning the children 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 children or claims to
have custody or visitation rights with respect to the children,
9. The best interest and permanent welfare of the children
will be served by granting the relief requested:
A. The parties have no formal visitation agreement
relative to the children,
B. Problems have arisen in communication and scheduling
visitation which the Plaintiff has been unable to
resolve.
C, Defendant has refused to cooperate in scheduling
visitation and denied Plaintiff access to his
children on a reasonable, regular basis,
10, 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, All other
persons, named below, who are known to have or claim a right to
custody or visitation of the children will be given notice of the
pendency of this action and the right to intervene:
N~E
ADDRESS
BASIS OF CLAIM
N/A
WHEREFORE, Plaintiff requests the Court to grant custody of
the children to him, or such alternative relief as the Court deems
proper,
Date: April 19, 1994
Edw,rd W, a , Esquire
ono/.west High Street
Carlisle, PA 17013
(7t7) 243-1083
Supreme Court I,D, 06362
'. . I
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa,C,s,s 4904 relating to unsworn
falsification to authorities.
Date: '-i /ICl \q Lj
.
MAY 1 6 m4 cf"......
v
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
: ~".!.{I
:NO. ~ - CIVIL - 1994
CHARLES M. SHIVELY,
Plaintiff
.
.
KATHY L. SHIVELY,
Defendant
h-
AND NOW, this,1 day of
the attached~odY Co
directed as follows:
.
.
:CIVIL ACTION - CUSTODY
, 1994, upon consideration of
on Report, it is ordered and
1. The Mother, Kathy L. Shively, and the Father, Charles M.
Shively, shall enjoy shared legal custody of Karlee A.
Shively, born October 10, 1984, and Matt Brandon Shively,
born August 3, 1986.
2. The Mother shall enjoy primary physical custody of the
minor children.
3. The Father shall enjoy temporary physical custody of the
minor children as follows:
A. On alternating weekends from Friday at 6 P.M. until
Sunday at 6 P.M.
B. On the following alternating holidays from 9 A.M.
until 6 P.M.: President's Day, Good Friday,
Independence Day, Labor Day, and Veteran's Day.
The Mother shall have custody on July 4th of 1994.
Additional holidays shall be handled as follows:
Father shall have custody on Thanksgiving from 3 P.M.
until 7 P.M., on Christmas Eve from 6 P,M. until
10 P.M., on Easter from 3 P.M. until 7 P.M.
4. The Father shall always have custody of the children from 9 A.M
until 6 P.M. on Father's Day, and the Mother shall always
have custody of the children for the same time on Mother's Day.
This provision shall supersede any other provision of this
Order.
5. During the Christmas school break, the Father shall have two
additional days (48 hours) of temporary custody with that time
to be agreed upon by the parties and the time not to interfere
with Mother's holiday visitation with the family.
6. During the summer vacation, Father shall have two weeks of
temporary custody with the children. One week shall be at
the designation of the Father as long as it does not interfere
with the Mother's vacation. The other week shall be either the
last week of July or the first week of August, this week to be
selected by the Mother with her advising Father on or before
July 1.
7. Father shall provide transportation for exchange of custody.
8. The parties may alter this Order as the parties may agree.
Absent an agreement between the parties, this Order shall
control this custody arrangement.
9. This Order is entered pursuant to an agreement of the parties
reached at a Custody Conciliation Conference. In the event
either party determines that this Order is unsatisfactory,
that party may petition the Court to have the case again
scheduled before the Custody Conciliator Eor a conference.
BY THE COURT,
cc:
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Edward W. Harker, Esquire ~ 1-" f:J 'r- '
Richard Lewis Bushman, Esquire - ~oPd ,HlLL<.-luJ. 5"//7/'11
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CHARLES M. SHIVELY,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
.
.
:NO. 2021 - CIVIL - 1994
.
.
KATHY L. SHIVELY,
Defendant
.
.
:CIVIL ACTION - CUS'l'ODY
CONCILIATION CONFERENCE SlIHHARY 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:
Karlee A. Shively, born October 10, 1984, and Matt Brandon
Shively, born August 3, 1986.
2. A Conciliation Conference was held on May 5, 1994, with the
following individuals in attendance:
The Father, Charles M. Shively, with his counsel, Edward
W. Harker, Esquire, and the Mother, Kathy L. Shively, with
her counsel, Richard Lewis Bushman, Esquire.
3. The parties agreed to the entry of an Order in the form as
attached.
sf/II ?v
DATE
t1;/ >d
Hubert X. Gilr
Custody Concil
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SHERIFF'S RETURN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
In the Court of Common Pleas of
Cumberland County, Pennsylvnaia
No, 94-2021 civil Term,
Order of Court and Complaint
for Custody
Charles M, Shively
VS
Kathy L, Shively
R. THOMAS KLINE, Sheriff, who being duly sworn according to law,
says, that he made diligent search and inquiry for the within named
defendan t, to wi t:
Kathv L, Shively
but was unable to locate
her
in his bailiwick. He therefore
deputized the sheriff of
Franklin
County, Pennsylvania.
to serve the within
Order of Court and Complaint for Custody
On
May 19. 1994
, this office was in receipt of
the attached return from
Franklin
County, Pennsylvania,
Sheriff's Costs:
Docketing
Out of County
Surcharge
Franklin Co,
So answers:
14 ,00
5.00
2.00
21. 06
42,06 Pd. by Atty,
Sworn and subscribed to before me 5-19-94
"
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R. THOMAS KLINE, Sheriff
this ,;)3 A4
day of
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19 9'f , A,D,
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Prothonotary
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SHERIFF'S DEPARTMENT
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-3877
.-... -'---'-~-~--'._"
SHERIFF SERVICE
PROCESS RECEIPT. and AFFIDAVIT OF RETURN
DK47P218
.
INSTRUCTIONS FOR SERVICE OF PROCESS. Please type or print
Ioglbly. 00 001 delach any copies.
1 PLAINTIFF 151
CHARLES M, SHIVELY
3 DEFENDANT 151
KATHY L, SHIVELY
{ ~ NAME or INDIVIDUAl.. COMPANY, COltl'tHMTl{Hl lie
KATHY L, SHIVELY
O. ADDRESS (Slreet or nro. Apilrlmenl No. Clly. Ooro. TWI). Slah~ iJnU liP COOl!)
AT GREIF COMPANY 208 NORTH LURGAN AVE, SHIPPENSBURG, PA
T.INDICATE UNUSUAL SERVICE' 0 COMMON OF PA IJ DEPUTIZE 0 omEn
Now, 19, I. SHERIFF OF FRANKLIN COUNTY, P^-. do hereby deputize tho Sherifl 01
Counly 10 oxoculo this Writ and make return Ihereof according
10 law. This depulation boing made allhe requesl and risk of Ihe plaintifl.
8, SPEClAllNsmucnONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDlT1NG SERVICE:
SERVE
.
2 COURT NUMBEIl
94-2021 civil term
4 TYPE OF WIlIT 011 COMPLAINT'
ORDER OF COURT & COMPLAINT
10 ~1[HVICI. ou (}rSCIUl'IIONor f'lIopr.nl Y Toor trVI[O, AI I^CltEOOn SOLO
'''IIIM' Of IIUlNl'.IINCOI"il'l'
IlO'IE ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any depuly sheri" levy,ng upon 0' allaching any properly under
wilhin wrll may Ieaye sarno Wllhout n walchman, In cuslody 01 whomever IS found III possession, lIlIer nollfYlOg person 01 levy or attachment. without
Iiabilitv on 100 pari of such dOpUly or tho shflr.tt to ally plal!llitl ht'fPII1 lor any loss. df!sltucllon or removal of an stich ro orl belore sheriff's sale thoreof
9. SIGNATURE 01 ATTORNEY or olhe' ORIGINATOR 10 TELEPHONE NUMBER 11, DATE
EDWARD W, HARKER, ESQ, (717)243-1083
T2. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW, !This area must be completed II nolicels 10 be mailed)
SHERIFF OF CUMBERLAND COUNTY, 1 COURT HOUSE SQUARE, CARLISLE, PA 17013
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS UNE
13.1 ackoowledgu receipl 01 the writ \ SI NATURE of Aulhorlzed FCSD Deputy Of Clerk and Tille 14. Dale ReceIved 15_ Expiralion/Hearing date
01 compk1inl asiodicaledabove I oV. a "~~ 4/29/94 5/4/94
16. I hereby CERTlFY and RETURN that I h vo personnlly served, 0 have legal cvltJcnce 01 service as shown In "nemarks", 0 have oxecuted .IS shown
in MRcmarks".lhe writ or complaint doscr. ed on Iho Inlllvidual. company, corporalion, ote , at Ihl! mJdmss shown above or on the individual, company,
corporation. etc.. allhe address inserted below by handling a TRUE and ATTESTED COPY Ihereof
17.01 hereby cerlily nrd rei urn a NOT FOUND becausc I.un unable 10 locale the indiVidual. company. corpornlion, etc. named above. (See remarks below)
18. Name and title or individual served (If not shown above) 10, A IIf~f$l.lnol !ltlol.lbll' ,""'" ;Ioddo-..cmhon Itw'll
'1IS.d,roq on lht. dlll{'nd,lnlll Ir..tlal (It,lCfl III
abodll U
21 Dolle 01 &!fV1CC 22. Time
20. Address of where served (complete only If (Mlcrenl Ihan shown abov(~l (Sheet or RFO, Apilrtment No.,
Cily, Bora. Twp. Slale and Zip Code)
-
PM
'r.1,
5/3
24. Advance Costs
50,00 /1311
30. REMARKS:
$14,00
5-3-94
1:45
23. ATTEMPTS
Miles
22
Oep,ln!.
V/!4
25. Service Costs
Oep.ln!.
34. d.1Y ql
NAY
19
17TH
94
so ANSWER.
31. AFFIRMED and subscribed 10 betoro mt! Uus
:I,' SKJII.llul1.o1
f>.,: "",."" CHARLES E. B~_~-A
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MYCQMMIs..<;IQ!lJ;mH!;~_ ., ." _. .
38,1 ACKNOWLEDGE REOEIPT or Ttfk.Jit4J~.iil.rt. :u:tt: IlIRtfSIGNATURE--j" ---.-.-----------~- -----1'.. lJ.II,'II''l'''l~'l1 -
OF AUTIlOIllZEDISSUINGcIWf.tlQftl;r<r..Afol'C1-rrn,i: I .
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~harles M, Shively
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Kathy L, Shively
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94-2021 Civil Term
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April 27. 1994
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IN THE COURT OF COMMON~ PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES M, SHIVELY
Petitioner
: Civil Action
vs,
: ~O:?I
: No, ~Clv1l1994
KATHY L, SHIVELY
Respondent
: Custody
ANSWER TO COMPLAINT FOR CUSTODY
COMES NOW, Kathy L. Shively, by and through her attomey, Richard L.
Bushman, Esquire, and files the following Answer to the Complaint of Plaintiff for custody
of the minor children Karlee Amber Shively and Matt Brandon Shively,
1, Admitted
2, Admitted
3, Admited.
4. Admitted, It is further noted that the previous Order of Court was entered by
consent of the parties in May of 1994 and has been observed since that time by all
parties without any disagreements or problems.
. ,
Page 2 of 4
5, Petitioner has failed to properly set forth the residences of the minor children,
with whom they have resided, or other information specified In Pa,R,C.P. 1915,15,
Accordingly, It Is further averred that the minor children have resided with their mother
their entire lifetimes, The parties were married in July of 1983; they resided together
until February of 1988 [at which time Karlee was age 4 and Matt was age 2] when
Petitioner abandoned the family. From 1990 until 1994 Petitioner exercised sporadic
visitation but did not have significant contact with the minor children. The Order of Court
dated May 17th, 1994 provided for "shared legal custody", which legal status has not
heretofore been either disputed or unworkable; accordingly, the request for "joint legal
custody" is moot.
6, Denied, The best interest and permanent welfare of the children would not be
served by granting the petitioner primary physical custody as:
[a] Neither child wishes the present arrangement to be significantly altered;
[b] Both children have lived a stable existence with Respondent since the
breakup of the marriage in 1988, a period in excess of twelve [12] years
during which Respondent has been the primary care giver;
[c] Neither child will benefit from a disruption in their present living patterns;
[d] Karlee is of sufficient age as to have significant input into this matter and
does not desire to have her present custody situation altered; and
Ie] Matt does not desire to have his present custody situation altered either.
" .
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Page 3 of 4
Wherefore, plaintiff requests the court to not modify the Order of Court dated May
17th, 1994, leaving same as the governing instrument in this matter.
VERI FICA TION
I verify that the statements made in this Answer are true and correct. I understand
that false statements herein are made subject to the pen lties of 18 Pa,C,S, ~4904, relating
to unsworn falsification to authorities,
May 9, 2000
I verify that the statements made in this Answer are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa,C,S. ~4904,
relating to unsworn falsification to authorities,
May 9, 2000
I verify that the statements made in this Answer are true and correct, I understand
that false statements herein are made subject to the penalties of 18 Pa,C,S. ~4904,
relating to unsworn falsification to authorities,
May 9, 2000
May 9, 2000
i
or for espondent
1 767 Path Valley Road
P,O, Box 51
Spring Run, PA 17262-0051
I,D, # 36406
[717] 349.7657
. .,
Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that this day I have served the foregoing Answer by United States
First Class Mail, postage prepaid, by mailing same at Spring Run, Pennsylvania, to the party
or their attorney of record as set forth below, which service is in accordance with the
requirements of PA,R.C,P 440(a):
Marcus A, McKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle PA 17013
Dated: May 10, 2000
TEL: [717] 349-7657
FAX: [717] 349-2982
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JUN162~
CHARLES M, SHIVELY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
:;l()d \ \p,
NO. 94~1 CIVIL
IN CUSTODY
v
KA TIlY L, SHIVELY,
Defendant
COURT ORDER
AND NOW, this ~"l--day of June, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I. This Court's prior Order of May 17, 1994 is vacated,
2, The Mother, Kathy L. Shively, and the Father, Charles M. Shively, shall enjoy
shared legal custody of Karlee A, Shively, born October 10, 1984 and Matt Brandon
Shively, born August 3, 1986.
3, The Mother shall enjoy primary physical custody of the minor children,
4, The Father shall enjoy periods of temporary physical custody of the minor children
as follows:
A. On alternating weekends from Friday at 6:00 p,m. until Sunday at
6:00 p,m,
B, At such other times as agreed upon by the parties,
S. The parties shall alternate custody on the following holidays: New Year's Day,
Easter, Memorial Day, July 4111, and Labor Day. Mother shall have custody on July
4, 2000 with the parties alternating thereafter.
6, Father shall have custody on Thanksgiving from 3:00 p,m, until 7:00 p,m" with the
Mother having custody for the remainder of the Thanksgiving holiday.
7, The Christmas holiday shall be split into two segments, the first being December
241h at Noon until Christmas Day at Noon, and the second segment being Christmas
Day at Noon until December 26111 at Noon, The parties shall alternate custody on
these two segments of the holiday, with Mother having the first segment in 2000,
8, The Father shall always have custody on Father's Day and the Mother shall always
have custody on Mother's Day, The timeframe shall be from 9:00 a,m. until 6:00
p,m, This provision shall supercede any other provision of this order,
.
9, During the Christmas school break, the Father shall have two additional days (48
hours) of temporary custody with that time to be agreed upon by the parties and the
time to not interfere with the Mother's holiday visitation with the family,
10, During the summer vacation, Father shall have three (3) weeks of temporary custody
with the minor children, One week shall be at the designation of the Father as long
as it does not interfere with Mother's vacation which nonnally is the first week of
August, Additionally, Father's weeks of vacation with the minor children during the
summer shall not include any time when either of the children are in summer school.
11. Father shall handle transportation for exchange of custody except on the alternating
weekends when Mother shall pick up the minor children on Sunday evening. Once
Karlee starts driving, Mother may afford Karlee a vehicle for transportation and
Karlee can handle the transportation at that particular time in lieu of Mother
providing the transportation,
12. Mother shall not relocate the children out of the Big Springs School District without
written agreement from the Father or without first bringing the case back to court for
review by the Conciliator and the court,
13, The parties may modify this order as they agree, Absent an agreement between the
parties. this order shall control.
14. This Order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference, In the event either party detennines that this Order is
unsatisfactory, that party may petition the Court t~ hav the case again scheduled
before the Custody Conciliator for a Conference,
J.
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Marcus A. McKnight, III, Esquire
Richard L. Bushman, Esquire
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 94-2201 CIVIL
IN CUSTODY
v
KATHY L. SHIVELY,
Defendant
Prior Judge: George E, Hoffer
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
I 91S,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:
Karlec A. Shively, born October 10,1984 and Matt Brandon Shively, born August 3,1986.
2. A Conciliation Conference was held on June 8, 2000, with the following individuals in
attendance:
The Father, Charles M. Shively, with his counsel, Marcus A. McKnight, III, Esquire; and
the Mother, Kathy L, Shively, with her counsel, Richard L. Bushman, Esquire.
3. The parties agree to the entry of an order in the form as attached,
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Hubert X, Gilroy,
Custody Concil' or
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Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
~,
NO. H61.CIVIL 1994
v,
KATHY L, SHIVELY,
Respondent
IN CUSTODY
ORDER OF COURT
AND NOW, this 4 day of ~\'\ \ ,2000, upon consideration of the
attach~~tion, it is here~y directed that the parties and their respective coun~ppenr
before ~~~ ~ J ;?~O-.{ Esquire, the conciliator, at "\h~ U )
(jnh>r \ )<....~ , on the ga. day of 1u... ,2000 at Q:X:J .HM,
for a Pre-Hearing Custody Conterence, 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 Ihis conference may provide grounds for entry of a
temporary or penn anent order,
By the Court,
.
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By:
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, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
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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 infonnation about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our olliee, All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduling conference or hearing,
CHARLES M, SHIVELY,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
NO, 2201-CIVIL 1994
KATHY L, SHIVELY,
Respondent
IN CUSTODY
PETITION FOR CUSTODY
AND NOW, this 30th day of March 2000, comes the Petitioner, Charles M, Shively, by
his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody.
1.
The petitioner is Charles M, Shively, an adult individual residing at 705 West Pine Street,
Cumberland County, Mount Holly Springs, Pennsylvania 17065,
2,
The respondent is Kathy L. Shively, an adult individual residing 9 Hammond Road,
Walnut Bottom, Cumberland County, Pennsylvania, 17266,
3,
The parties are the natural parents of two minor children, namely, Karlee A. Shively, born
October 10, 1984, and Matt Brandon Shively, born August 3, 1986,
4.
The previous Order of Court regarding custody in this case dated May 17, 1994, is hereby
attached and made a part of this Custody Petition and is marked as Exhibit "A,"
5,
Petitioner desires primary physical custody of the children and joint legal custody with
periods of visitation to respondent as can be mutually arranged between the parties.
6,
The best interest of the children requires that the court grant the petitioner's request as set
forth above,
WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking
primary physical custody of the child and joint legal custody with periods of visitation to
respondent as can be mutually arranged between the parties,
Respectfully submitted,
By:
, McKnight, III,
Petitioner,
Charles 'vel
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court 1. D. No. 25476
Date: March 30, 2000
EXHIBIT A
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Plaintiff
I IN '.rHB COUR'.r OF CONNON PLEAS OF
:CUHBERLAND COUN'nf, PBNNSrLVANIA
:
:NO. 2201 - CIVIL - 1994
:
v
lCA'rM L. SHIVBLr,
Defendant
.
.
:CIVIL AC'rION - CUS'l'ODr
COUR'.r opnrm
AND NOff, this 171-1, day of ((j t:1.'1 ,1994, upon consideration of
the attached Custody Con~Report, it is ordered and
directed as follows:
1. '.rhe Hother, Kathy L. Shively, and the Father, Charles H.
Shively, shall enjoy shared legal custody of Karlee A.
Shively, born October 10, 1984, and Hatt Brandon Shively,
born August 3, 1986.
2. '.rhe Hother shall e1Jjoy primary physical custody of the
JDinor children.
3. '.rhe Father shall enjoy temporary physical custody of the
JDinor chi~dren as follows:
A. On a~ternating weekends from Friday at 6 P.M. until
Sunday at 6 P.H.
B. On the following alternating holidays from 9 A.H.
until 6 P.M.: President's Day, Good Friday,
Independence Day, Labor Day, and Veteran's Day.
'rhe Mother shall have custody on July 4th of 1994.
Additional holidays shall, be handled as follows:
Father shall have custody on '.rhanksgiving from 3 P.H.
until 7 P.M., on Christmas EVe from 6 P.M. until
10 P.H., on Baster from 3 P.M. until 7 P.M.
4. '.rhe Father shall always have custody of the children from 9 A.M
until 6 P.H. on Father's Day, and the Mother shall always
have custody of the children for the same time on Hother's Day.
'.rhis provision shall supersede any other provision of this
Order.
5. During the Christmas school break, the Father shall have two
additional days (48 hours) of temporary custody with that time
to be agreed upon by the parties and the time not to interfere
with Hother's holiday visitation with the family.
.
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6. During the sWlllller vacation, Father shall have two weeks of
temporary custody with the children. One week shall be at
the designation of the Father as long as it does not interfere
with the Hotber's vacation. 2'he other week shall be either the
last week of July or the first week of August, tbis week to be
selected by the Hother with ber advising Fatber on or before
July l.
7. Father shall provide transportation for excbange of custody.
8. 2'be parties lIIay al ter thi.s Order as the parties lIIay agree.
Absent an agrefllllent between tbe parties, tbis Order shall
control this custody arrangeJDent.
9. 2'his Order is entered pursuant to an agrefllllent of tbe part1es
reached at a Custody Conciliation Conference. In tbe event
e1ther party deter.mines that this Order 1s unsatisfactory,
tbat party lIIay peti.t1on the Court to have the case aga.tn
scheduled before tbe Custody Concil1ator for a conference.
BY 21HZ COUR2',
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R1cbard Lewis BushlDan, Bsquire
TRUE COpy FROM REC.o,~?
In TestlmlY.'tIj '.'liter!).')!, I j'li\l'dUI~~~ ~i'lt ffi,l\and
and Ihll s.a..al oi $:11d r, ~t::1 "l (,;:, lisle, ~~i'
This /7;tt. day Ol~, 19 .'1
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CBARLBS N. SHIV1fLr,
PldntiLf
: IN 'J'HB COUR'J' OF COHHON PLEAS OF
:CUHBBRLAND COUN'l'r, PBNNSrLVANIA
v
.
.
:NO. 2021 - CIVIL - 1994
.
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lCA'J'Hr L. SHIVBLr,
DefelJdant
:
:CIVIL AC'J'ION - CUS'J'ODr
COllC.piIAfiON CORYBRBNCB SlJJIH1lRY RIfPOR'J'
IN ACCORlJANCIf WI'J'H CUHBBRLAND COUN'J'Y RULE OF CIVIL PROCBDURB
1915.3-8(b), tbe undersigned Custody Conciliator submits tbe
followJ.ng report: ,
1. 'J'be pertinent information' pertaining to tbe cbildren who are
the subject of this litigation is as follows:
Karlee A. Sbively, born October 10, 1984, and Natt Brandon
Shively, born August 3, 1986.
2. A Concil.iation Conference was beld on Nay 5, 1994, with the
following individuaJ.s .in attendance:
'J'be Father, Chades N. Shively, with bis counsel, Bdward
fl. Barker, If.qui.re, and the Notber, Katby L. Shively, wJ.tb
ber counsel, Richard J:,ewis Bushman, Ifsquire.
3. flhe partJ.es agreed to tbe entry of an Order in the form as
attacbed.
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VERI FICA TlON
The foregoing Petition for Custody is based upon infonnution which has been gathered by
counsel and myselfin the preparation ofthir action, I have head the statements made in this
document and they are true and correct to the best of my knowledge, infonnation and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa, C,S,A, Section
4904, relating to unsworn falsitication to authorities,
D~ .2000
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO, 94 - 2021 CIVIL
IN CUSTODY
CHARLES M, SHIVELY,
Plaintiff
KATHY L. SHIVELY,
Defendant
COURT ORDER
AND NOW, this ~ day of October, 2000, upon considemtion of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. This Court's prior Order of June 22, 2000 shall remain in effect subject to the
following modifications:
A, Father's custody on a weekday evening shall be every Wednesday
from 3:30 p,m, until 8:30 p,m,
B, Both parties shall enjoy reasonable telephone contact with the minor
children when the children are in the other parent's custody. The
custodial parent shall provide telephone access so the children may
initiate phone calls to the non-custodial parent which phone calls
shall not be collect but shall be billed on a long distance charge from
the originating phone.
C. Where one of the holidays set forth in Paragraph 5 of the June 22,
2000 Order falls on a Friday or Monday of a weekend that the parent
enjoying that particular holiday also has that weekend, the holiday
shall be included in the weekend visitation, For example, if Father
has the weekend prior to Memorial Day which falls on a Monday,
Father may keep the child from Friday through Monday evening,
Furthennore, if Father has July 41h which falls on a Friday before his
weekend, Father may have custody of the children on Friday
morning in conjunction with the holiday schedule. This provision
shall not override the holiday schedule in the sense that if it is
Father's weekend but the Monday holiday is Mother's holiday, the
child shall be returned to Mother on Sunday evening pursuant to the
schedule,
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D. Where the parties agree to modifY this Order, the parties may do so
but it is recommended that the parties implement a procedure
whereby they may modifY the Order pursuant to written agreements
between the parties either via correspondence, e-mail, fax or other
appropriate documentation so there is no misunderstanding with
respect to the custody agreement by the parties.
2, Father's petition for contempt is dismissed without prejudice to Father including any
allegations raised in that Petition in any future petition Father may feel required to
file in this case,
BY THE COURT,
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Thomas S, Diehl, Esquire
Richard L. Bushman, Esquire
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CHARLES M. SHIVELY,
Plaintitr
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94 - 2021 CIVIL
IN CUSTODY
v
KATHY L, SHIVELY,
Defendant
Prior Judge: George E. Hoffer
,.,.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
19I5,3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent infonnation pertaining to the children who are the subject of this litigation is
as follows:
Karlee Amber Shively, born October 10, 1984; and Matt Brandon Shively, born August 3,
1986.
2, A Conciliation Conference was held on October 5, 2000, with the following individuals in
attendance:
The Father, Charles M, Shively, with his counsel, Thomas S, Diehl, Esquire; and the
Mother, Kathy L. Shively, with her counsel, Richard L. Bushman, Esquire.
3. The parties agree to the entry of an order in the fonn as attached.
~
DATE
CJtt-:
Hubert X, Gilroy, Esquire
Custody Conciliator
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CHARLES M, SHIVELY
PLAINTIFF
V,
KA TIlY L, SHIVELY
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94-2021 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 10lh day of August ,2000. upon consideration of the attached Complaint,
it is hereby directed that the parties and their respectivc counscl appear before Hubert X, Gilroy, Esq, ,the conciliator,
at 4th Floor, Cumberland County Courthouse. Carlisle on thc ~ day of October ,2000, at 10:30 a.m,
for 0 Pre-Hearing Custody Conference, At such conference, on effort will be mode to resolve the issues in dispute; or
ifthis cannot be accomplished, to define and narrow thc issues to be heard by the court, and to enter into 0 temporary
order, All children age five or older may also be present at the conference, Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order,
FOR THE COURT,
By: Isl
,
Hilbert X. GilrQY, ES~\
CUSlody Conciliator
The Court of Common Pleas of Cumberland County is required by low to comply with the
Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable
accommodations nvailable to disabled individuals having business before thc 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 conferencc or hearing,
YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE, IF YOU DO NOT
HAVE AN ATIORNEY 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, Pcnnsylvania 17013
Tclephonc (717) 249-3166
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LAW O'P"C.ES OF
MISLITSKY AND DIEHL
ONE WEST HIGH STREET. SUITE 208
CARLISLE. PCNNSYl.VAN.lA 17013
AUli
4 2000
Y
CHARLES M, SHIVELY,
Plaintitl7Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 94-2021
CIVIL TERM
KATHYL, SHIVELY,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this , upon consideration of the attached
Petition it is hereby directed that the parties and their respective counsel appear before
Esquire, the conciliator, at
, Pennsylvania, on the day of
2000, at A,M,/P,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, All children age five or older may 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:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU 00 NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP,
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
CHARLES M, SHIVELY,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 94.2021
CIVIL TERM
KATHY L, SHIVELY,
DefendantlRespondent
: CIVIL ACTION - LAW
: IN CUSTODY
PETITION FOR CIVIL CONTEMPT AND MODIFICATION OF CUSTODY ORDER
AND NOW, comes the Petitioner, Charles M, Shively, by and through his legal counsel,
Thomas S, Diehl, Esquire, who respectfully represents the following:
I, The Petitioner is the above-named Plaintiff, Charles M. Shively, an adult
individual currently residing at 705 West Pine Street, Mount Holly Springs, Cumberland County,
Pennsylvania 17065,
2, The Respondent is the above-named Defendant, Kathy L, Shively, an adult
individual currently residing at 9 Hammond Road, Walnut Bottom, Cumberland County,
Pennsylvania 17266,
3, The parties are the natural parents of the children, Karlee Amber Shively, born
October 10,1984; and Matt Brandon Shively, born August 3, 1986,
4, The parties are subject to an Order of Court dated June 22, 2000, attached hereto
and incorporated herein be reference as Exhibit' A',
COUNT 1- CONTEMPT
5, Paral,'1llphs I through 4 are incorporated herein by reference,
6, Since the entry of the Court's Order of June 22, 2000, the children have primarily
resided with the Respondent.
7, Even before the Court's Order of June 22, 2000, the parties were operating under
a prior Order in which the Petitioner exercised custody of the children on an alternating weekend
basis,
8, Under the alternating weekend schedule, the Petitioner was due to exercise
custody on the weekend of Friday, June 23, 2000,
9, Prior to said weekend, Respondent informed the Petitioner that she had plans on
the weekend of June 23, 2000, and therefore requested of the Petitioner that he give up that
weekend, The Petitioner complied and the parties mutually agreed that the Petitioner would
instead accept the weekend of June 16,2000 and continue to alternate weekends thereafter,
10, Accordingly the Petitioner planned his schedule around the parties' mutual
agreement.
II, As per the above-mentioned agreement, the Petitioner expected to exercise
custody on the weekend of June 30, 2000, his next scheduled alternating weekend, However, he
was informed on or about Wednesday, June 28, 2000 by the Respondent that she intended to
exercise custody on the weekend of June 30, 2000,
12, Accordingly, the Respondent did not permit the Petitioner contact with the
children on the weekend of June 30, 2000,
13, On or about Sunday, July 9, 2000, the Petitioner was again informed by the
Respondent that she would not release the children for his period of weekend custody scheduled
for Friday, July 14,2000,
14, The Respondent informed the Petitioner that he should have exercised custody on
the prior weekend of Friday, July 7, 2000,
IS, The Petitioner, however, was unable to ev,=rcise custody of the children on
the weekend of Friday, July 7, 2000 due to pre-scheduled events that had been planned in
reliance on the parties' abovementioned ab>reement regarding the weekend of June 23, 2000,
16, Accordingly the Petitioner did not exercise his custodial weekend of
Friday, July 14,2000,
17, In sum the Petitioner has not enjoyed a weekend of custody with the
children since June 17,2000, and has not exercised any weekends of custody under the parties'
current custody Order dated June 22, 2000,
WHEREFORE, the Petitioner, Charles M, Shively, respectfully requests this Honorable
Court to find the Respondent in contempt of the existing Order, grant any reasonable attorney's
fees incurred by the Petitioner, and such other relief as the Court deems fit.
COUNT 11- MODIFICATION
PART I
18, Paragraphs I through 17 are incorporated herein by reference,
19, In Parab'1'llph 4(b) of the Court's Order of June 22, 2000, pennits the parties to
"modifY the Agreement at such other times as ab>reed upon by the parties,"
20, As indicated above under Count I, the parties have exhibited difficulty in carrying
out verbal agreements or changes in times agreed upon verbally,
WHEREFORE, the Petitioner, Charles M, Shively, respectfully requests this Honorable
Court to modifY the existing Order whereby all future agreements must be executed in writing,
PART II
21, Parab'1'llphs I through 20 are incorporated herein by reference,
"',,:t
PART III
26, Paragraphs I through 25 are incorporated herein by reference,
22, The Petitioner is of the understanding that he is to receive one weekday evening
per week in which to exercise physical custody of the children, It is further his understanding
that the parties must mutually agree upon which weekday evening such partial custody is to take
place,
230 Although the current Order of June 22, 2000 does not expressly include a
provision whereby the Petitioner is to receive one weekday evening per week, it is his beliefand
understanding that the parties' negotiating leading up to and including the Custody Conciliation
Conference of June 8, 2000, meant to include such contact under Parab'Tllph 4(b) of the Current
Court Order wherein contact with the children was to take place at "such other times as agreed
upon by the parties,"
24, Although the Respondent has generally pcnnitted one weekday evening per week,
she has unilaterally scheduled such times without taking the Petitioner's schedule into
consideration,
25, Accordingly, the Petitioner avers that it would be in both parties' and children's
best interest to modily the existing Order so that the Petitioner would exercise custody on every
Wednesday evening in lieu of the open-ended agreement that currently exists,
WHEREFORE, the Petitioner, Charles M, Shively, respectfully requests this Honorable
Court to modifY the existing Order so that he would exercise physical custody every Wednesday
evening,
27, The Petitioner avers that it is in the best interest of the children that telephone
contact be encouraged between the parties.
28, Telephone contact is currently being hampered by the Respondent not currently
having a long-distance carrier service on her residential telephone line,
29, Telephone calls between the parties' residences are long-distance calls,
30, Accordingly, the children are able to contact the Respondent from the Petitioner's
home, however they are unable to contact the Petitioner from the Respondent's home,
WHEREFORE, the Petitioner, Charles M, Shively, respectfully request this Honorable
to Court to modifY the existing Order of Court to require both parties to carry long distance
service to ensure free contact with the children,
PART IV
31, Paragraphs I through 30 are incorporated herein by reference,
32, The natural mother of the children is Kathy L, Shively, She is single,
33, The natural father of the children is Charles M. Shively, He is married,
34, The relationship of the Petitioner to the children is that of natural father, The
natural father currently resides with his wife,
35, The relationship of the Respondent to the children is that of natural mother, The
natural mother currently resides with the children,
36, The Petitioner has not participated as a party or as a witness in any other capacity
in litigation concerning the children with the exception of the litigation specifically addressed
above in this Petition,
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37, The Petitioner has no infonnation of a custody proceeding concerning the
children pending in any Court of this Commonwealth,
38, The best interest and pennanent welfare of the children will best be provided for by
modifYing the existing Order for the following reasons:
(a) Establishing an objective weekday schedule will allow the parties to better
schedule their plans and periods of custody in advance,
(b) Having the parties maintain a long-distance service on their residential
telephones would facilitate communication between the parties and the children;
(c) Requiring future modifications to be in writing would prevent future
misunderstandings leading to unnecessary litigation, which has caused undue stress upon the
parties and the children,
25, The Petitioner does not know of any person not a party to the proceedings who
claims to have custody or visitation rights with respect to the children,
WHEREFORE, the Petitioner, Charles M, Shively, respectfully requests this Honorable
Court to modifY the existing Order of Court,
Respectfully submitted,
Date:
'/-[ '1- 0;)
omas S, Diehl, Esquire
Mislitsky & Diehl
Supreme Court 1.0, No, 78942
One West High Street
Post Office Box 1290
Carlisle, Pennsylvania 170 I 3
(717) 240-0833
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904, relating to
unsworn falsification to authorities,
CHARLES M, S IVEL Y, Petitio er
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EXIIIBIT A
.........
"UN
CHARLES M, SHIVELY.
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
~~l
NO. 9~CIVIL
IN CUSTODY
v
KATIIY L, SHIVELY,
Defendant
COURT ORDER
AND NOW, this 12. clay of June, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. This Court's prior Order of May 17, 1994 is vacated,
2. The Mother, Kathy L. Shively, and the Father, Charles M. Shively, shall enjoy
shared legal custody ofKarlee A, Shively, born October 10, 1984 and Matt Brandon
Shively, born August 3,1986,
3, The Mother shall enjoy primary physical custody of the minor children.
4, The Father shall enjoy periods of temporary physical custody of the minor children
as follows:
A, On alternating weekends from Friday at 6:00 p,m. IUltil Sunday at
6:00 p.rn.
.
B, At such other times as agreed upon by the parties.
5, The parties shall alternate custody on the following holidays: New Year's Day,
Easter, Memorial Day, July 41h, and Labor Day, Mother shall have custody on July
4, 2000 with the parties alternating thereafter,
6, Father shall have custody on Thanksgiving from 3:00 p,rn. 1Ulti1 7:00 p,m., with the
Mother having custody for the remainder of the Thanksgiving holiday,
7, The Christmas holiday shall be split into two segments, the first being December
241h at Noon 1Ulti1 Christmas Day at Noon, and the second segment being Christmas
Day at Noon IUltil December 26lh at Noon. The parties shall alternate custody on
these two segments of the holiday, with Mother having the first segment in 2000.
.
8. The Father shall always have custody on Father's Day and the Mother shall always
have custody on Mother's Day, The timeframe shall be from 9:00 a.m, IUltil 6:00
p,m. nus provision shall supercede any other provision of this order.
-
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9, During the Christmas school break, the Father shall have two additional days (48
hours) of temporary custody with that lime to be agreed upon by the partiennd thi:
time to not interfere with the Mother's holiday visitation with the family,
10. During the swnmer vacation, Father shall have three (3) weeks of temporary custody
with the minor children, One week shall be at the designation of the Father as long
as it docs not interfere with Mother's vocation which nonnally is the fust week of
August, Additionally, Father's weeks of vacation with the minor children during the
swnmer shall not include any time when either of the children arc in swnmer school.
11, Father shall handle tnII1SpOr18tlon for exchange of custody except on the alternating
weekends when Mother shall pick up the mInor children on Sunday evening. Once
Karlcc s\ar1S driving, Mother may afford Karlcc a vehicle for transpor18tion and
Karlcc can handle the transpor18tlon at that particular time in lieu of Mother
providing the transpor18tion.
12. Mother shall not reloCate the children out of the Big Springs School District without
written agreement from the Father or without first bringing the case back to court for
review by the Conciliator and the court.
13, The parties may modify this order as they agree, Absent an agreement bctwccn the
parties, this order shall control.
14, This Order is entered pursuant to an agreement reached by the parties at a Custody
Conclllatlon Conference, In the event either party dctennines that this Order is
unsatisfactory, that party may petition the Court to have the case again scheduled
before the Custody Conciliator for a Conference.
BY THE COURT,
/
cc: Marcus A. McKnight, 111, Esquire
Richard L. Bushman, Esquire
TRlI;: CC,~y r:~0\~ ~!.:C':-'R!)
In Te~timolil' ~,h':rccf, I h'.r.; 11';0 .~t nl'f hand
and the seal of said Court at C~ Pa.
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rothonotary
CHARLES M, SHIVELY,
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO, 94-2201 CIVIL
IN CUSTODY
~
v
KAmYL.SHIVELY,
Defendant
Prior Judge: Qcorge E, Hoffer
CONCILIATIQjIl CONFERENCE SUMMARY REPOR'I:
IN ACCORDANCE wrrn TIm CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
19I5,3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who 8Ie the subject of this litigation is
as follows:
Karlee A. Shively, born October 10,1984 and Matt Brandon Shively, born August 3, 1986,
2, A Conciliation Conference was held on JlUle 8, 2000, with the following individuals in
attendance:
The Father, Charles M. Shively, with his counsel, Marcus A. McKnight, ill, Esq~; and
the Mother, Kathy L, Shively,with her counsel, Richard L. Bushman, Esquire.
3, The parties agree to the enlry of an order in the fonn as attached.
rJ tt! ()O
DA
Hubert X. Gilroy,
Custody Concil' r
I
,
I
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES M. SHIVELY
Petitioner
: Civil Action
vs,
: 9d^'
: No,~.Civil1994
KATHY L. SHIVELY
Respondent
: Custody
ANSWER TO COMPLAINT FOR CUSTODY
COMES NOW, Kathy L. Shively, by and through her attorney, Richard L.
Bushman, Esquire, and files the following Answer to the Complaint of Plaintiff for custody
of the minor children Karlee Amber Shively and Matt Brandon Shively.
1. Admitted
2. Admitted
3, Admitted,
4, Admitted. It is further noted that a previous Order of Court was entered by
consent of the parties in May of 1994 and has been observed since that time by all
parties without any disagreements or problems and that the Order of Court entered June
2200,2000, was entered by consent of the parties,
Page 2 of 9
COUNT I . CONTEMPT
5, No response is necessary,
6, Admitted,
7. Admitted, It is further noted that, in the year 2000, the "alternating weekends"
which Petitioner Charles M, Shively had weekend custody were as follows:
SUNDAY MONDAY TUE WED THUR FRI SAT
January 1
2 3 4 5 6 7 X 8 X
9 X 10 11 12 13 14 15
16 17 18 18 20 21 X 22 X
23 X 24 25 26 27 28 29
30 31 February 2 3 4 X 5 X
6 X 7 8 9 10 11 12
13 14 15 16 17 18 X 19 X
20 X 21 22 23 24 25 26
27 28 29 March 2 3 X 4 X
5 X 6 7 8 9 10 11
12 13 14 15 16 17 X 18 X
19 X 20 21 22 23 24 25
26 27 28 29 30 31 X April X
2 X 3 4 5 6 7 8
9 10 11 12 13 14 X 15 X
16 X 17 18 19 20 21 22
23 24 25 26 27 28 X 29 X
30 X May 2 3 4 5 6
Page 3 of 9
7 8 9 10 11 12 X 13 X
14 X 15 16 17 18 19 20
21 22 23 24 25 26 X 27 X
28 X 29 30 31 June 2 3
4 5 6 7 8 9 X 10 X
11 X 12.... X 13 X 14 X 15 X 16 X 17 X
18 X 19 20 21 X 22 23 24
25 26 27 28 X 29 30 #### JULY
2 3 4 5 X 6 7 NS 8 NS
9 NS 10 11 12 X 13 14 #### 15
16 17 18 19 X 20 21 NS 22NS
23 24 25 26 X 27 28 29
30 31 August 2 3 4 5
6 X 7 X 8 X 9 X 10 X 11 X 12 X
13 X 14 X 15 X 16 X 17 X 18 X 19 X
20 X
NS: No Show
.... Request by mother to father to switch following weekend for current weekend
[accepted by father]
#### Claim by petitioner that this was his weekend
8, Admitted,
9, Admitted in part and denied in part, It is admitted that on the 12th day of June,
2000, Kathy Shively had requested of Charles M, Shively that he switch the weekend of
the 23rd through the 25th for the weekend of the 16th through the 18th, to which he agreed:
it is DENIED that anything was said about "continue to alternate weekends thereafter" ,
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Page 4 of 9
10, It is denied that there was any mutual agreement beyond the switching of the
weekend of the 23rd through the 251h for the weekend of the 16th through the 18th,
11, Denied, It is averred that, as set forth in the above tables of visitation and
custody, Petitioner has had Wednesday visitation on 14th of June, and, thereafter, the
June 21", June 28th, July 51h, July 12th, July 19th, and July 26th; at each of these times
there was communication between the parties and, specifically, on the 28th of June Kathy
Shively advised Petitioner that his next weekend was NOT the 30th as he was alleging
but was the 7th of July, Petitioner did not show up to pick up his children on the 7th of
July, Likewise, on 12th of July Kathy Shively advised Petitioner that his next weekend
was NOT the 14th but the 21"t of July, for which Petitioner, again, did not show up to pick
up his children,
12, Denied in that the 30th of June was to be Petitioner's weekend; reference to
the preceding averment.
13, Denied in that the 14th of July was NOT to be a custodial weekend based
upon the alternating weekends in effect for the prior six years [reference to the foregoing
table],
14, Admitted.
COUNT II MODIFICATION
Part I
Page 5 of 9
15, Admitted that Petitioner should have exercised custody on the weekend of the
7th of July but it is unknown to Respondent as to why Petitioner failed to so exercise
custody,
16, Admitted,
17, Denied in that Petitioner has failed to exercise custody on the alternate
weekends [continuing the pattern existing since 1994] which he was advised were
available, e.g" the th of July, and the 21"1 of July; further, that the children have been in
Petitioner's custody since the 6th of August [and will be through the 20th of August] for his
two week period of vacation time,
WHEREFORE, Respondent respectfully requests this court to deny the prayer of
Petitioner,
18, No response is necessary,
19, Admitted,
20, Denied in that respondent understands what "alternating" means; admitted
that Petitioner does not understand what "alternating" means and that it is obvious that
Petitioner cannot deal with oral or verbal agreements,
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Page 6 of 9
WHEREFORE respondent has no objection to the court specifying exact times for
visitation and designating what weekends are to be petitioners,
Part II
21, No response is required.
22, Admitted in part and denied in part; It is admitted that Petitioner is to receive
one weekday evening; it is further averred that he has, indeed, received one weekday
evening [Wednesday at his initial request]: that being Wednesday as such was agreed
upon by the parties at the conclusion of the last modification conciliation meeting and in
the presence of counsel for both parties and has continued since by agreement.
23, Admitted as to the lack of specificity in the Order; Denied that Respondent
has any information as to what belief and understandings Petitioner has,
24, Denied that Petitioner's wishes have not been a consideration,
25, Admitted,
Part III
26, No response is required,
27, Admitted
Part IV
Page 7 of 9
28. Denied; Respondent does have long distance telephone service available and
does not prevent the children from utilizing same,
29, Admitted,
30, Denied; long distance telephone service is available,
31, No response is required.
32, Admitted,
33, Admitted,
34, Admitted,
35, Admitted,
36, Admitted
37, Admitted,
38, Admitted as to all.
, '
Page 8 of 9
25, Admitted. [note that this averment is not numbered correctly but is responded
to as set forth in the original pleading],
Wherefore, plaintiff requests the court to modify the Order of Court dated June
2200, 2000 as agreed herein,
VERI FICA liON
I verify that the statements made in this Answer a true and correct.
that false statements herein are made subject to the en ies of 18 Pa, ,S,
to unsworn falsification to authorities,
August 18, 2000
r
Attorn f Resp t
16767 Path Valley Road
P,O, Box 51
Spring Run, PA 17262-0051
1.0. # 36406
[717] 349-7657
August 18,2000
;,.,,;. <./
Page 9 of 9
CERTIFICATE OF SERVICE
I hereby certify that this day I have served the foregoing Answer by United States
First Class Mail, postage prepaid, by mailing same at Spring Run, Pennsylvania, to the party
or their attorney of record as set forth below, which service is in accordance with the
requirements of PA,R.C,P 440(a):
Thomas S, Diehl, Esquire
MISLlTSKY & DIEHL
One West High Street
PO Box 1290
Carlisle PA 17013
Dated: August 18, 2000
TEL: [717] 349-7 57
FAX: [717] 349- 982
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CARLISLE, PENNSYLVANIA 17013
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Tn."HONK 17171 2.0-083:\
. P'.X t7171 Z.o-oe.3
CHARLES M. SHIVELY,
Plaintiff
IN THE COURT OF COMMON PLEASE OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 1994-2021
CIVIL ACTION--LA W
KATHY L. SHIVELY,
Defendant
: IN CUSTODY
CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into on the day and year
hereinafter set forth, by and between CHARLES M, SHIVELY, hereinafter referred to as
"Father" and KATHY L, SHIVELY, hereinafter referred to as "Mother".
WHEREAS, the parties are the natural parents ofKarlee A, Shively, born October 10,
1984; and Matt Brandon Shively, born August 3,1986; and
WHEREAS, the parties wish to enter into an agreement relative to custody and partial
custody of the children,
NOW THEREFORE, in consideration of the mutual covenants, promises, and
agreements as hereinafter set forth, the parties agree as follows:
1. The Court's prior Order of October 17, :!OOQ, shall remain in effect subject to the
following modifications:
A, Father shall enjoy primary. physical custody of the parties' son, Matt
Brandon Shively,
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B, Mother shall enjoy partial, physical custody of the parties' son, Matt
Brandon Shively, at such times as mutually agreed upon by the parties,
IN WITNESS WHEREOF. the parties hereto intending to be legally bound by the tenns
hereof set forth their signatures the day and year herein mentioned,
)/'--dE
'Thomas S. Diehl. Esquire
~SA/.)a,j'l~J."-
3- q -0 I
DATE
~ - q-eN
DATE
ORDER OF COURT
AND NOW, this \ ~ ~~ day of
I1A , > d"l
. 2001, upon presentation and
consideration of the above Custody Stipulation and Agreement it is hereby ordered and directed
that it be entered as an Order of Court,
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BY THE COURT,
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