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HomeMy WebLinkAbout01-5605KAREN L. SHAPUTIS, Plaintiff DAVID J. TONER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS YVANIA CIVIL ACTION LAW - IN CUSTODY O_~R D E R OF COURT AND NOW, this __ day of September, 2001, upon considerationof the attached Complaint for Custody, it is hereby directed that the parties and their respective counsel, appear before 2001, at ,the conciliator, on the __ day of .m., for a Pre-Hearing Custody Conference. At such conference~ an effort will be made to resoive 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 the entry of a temporary or permanent Order. BY THE COURT: Dated: ~ By: Custody Conciliator 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. 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 17013-3387 PHONE: (717) 249-3166 Document #.. 216179.1 KAREN L. SHAPUTIS, Plaintiff : : V. : DAVID J. TONER, : : Defendant : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYVANIA CIVIL ACTION LAW - IN CUSTODY COMPLAINT IN CUSTODY AND NOW, this ~ day of September, 2001, comes the Plaintiff, Karen L. Shaputis and files the within Complaint for Custody: 1. The Plaintiff is Karen L. Shaputis, an adult individual currently residing at 3907 Ridgeland Blvd., Mechanicsburg, Cumberland County, Pennsylvania 17050since 1997. 2. The Defendant is David J. Toner, an adult individual whose current address is P.O. Box 49, Shermansdale, Perry County, Pennsylvania 17049. 3. The Plaintiff and Defendant are not married. 4. Plaintiff seeks primary legal and physical custody of the minor child: Name Present Address Hudson Shaputis D.O.B. With Plaintiff 04/17/01 Plaintiff and Defendant are the natural parents of the above mentioned minor child. The minor child was born out of wedlock. 5. The minor child is presently in the custody of Plaintiff, Karen L. Shaputis, who resides at 3907 Ridgeland Blvd., Mechanicsburg, Cumberland County, Pennsylvania 17050. Document/4.. 187450.1 During the past five (5) months, the minor child has resided with the following persons at the following addresses: Karen Shaputis and Grandmother Address 3907 Ridgeland Blvd. Mechanicsburg, PA 17050 4/17/01 to present The father of the child is Defendant who resides at 470 Darlington Avenue, Jonestown, Pennsylvania 17038. The mother of the minor child is Plaintiff, who resides at 3907 Ridgeland Blvd., Mechanicsburg, Pennsylvania 17050. 6. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Name Virginia Bonarrigo Hudson S. Shaputis _Relations~o_~hi Grandmother Son 7. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Steve and Kim Ambacher and their 6 children Relatio~___~.hi Friends 8. Plaintiff has not participated as a party or witness, or in any other capacity in any other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Document Il.. 187450. l Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation with respect to the minor child. 9. The best interest and permanent welfare of the minor child will be served by granting the relief requested because: Plaintiff, Karen L. Shaputis is in the best position, both financially and emotionally, to provide stability and custody for the minor child. Plaintiff is in the best position to provide a stable, responsible environment for the raising of the minor child. Plaintiff is more stable, more capable of providing the proper parental care, and can better provide for the physical and emotional needs of the minor child. Plaintiff has been the primary caretaker of the minor child since his birth. e. Defendant has made no attempt to visit with the minor child. 10. Each parent whose parental rights to the minor child has not been terminated and the person who has physical custody of the minor child has been named as parties to this action. Document ii.. 187450. WHEREFORE, the Plaintiff, Karen L. Shaputis, requests the Court to grant her primary physical and legal custody of the minor child. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: '~ Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8~87 Attorneys for Plaintiff D°cument#.'187450.1 VERIFICATION I verify that the statements made in the foregoing COMPLAINT IN CUSTODY are true and correct to the best of my knowledge, information 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: Document ti,. 187450.1 CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of Complaint for Custody with reference to the foregoing action by first class mail, postage prepaid this o',',',',',',',','~day of September, 2001, on the following: David J. Toner (via certified mail) 470 Darlington Avenue Jonestown, PA 17038 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Melissa L. Van Eck, Esquire Document #: 187450.1 KAREN L. SHAPUTIS : PLAINTIFF V. : 01-S60S DAVID J. TONER DEFENDANT : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Monday, October 01, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesbur§,PA 17055 on Thursday, October25,2001 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: M Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KAREN L. SHAPUTIS, Plaintiff VS. DAVID J. TONER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5605 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Karen L. Shaputis, and the Father, David J. Toner, shall have shared legal custody of Hudson Shaputis, bom April 17, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Both parties shall have equal access to all records pertaining to the Child, including medical and school records. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child every weekend from Friday at 7:00 p.m. through Sunday at 7:00 p.m., beginning October 26, 2001. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall nm from Christmas Eve through Christmas morning, and Segment B, which shall nm from Christmas morning through December 26. The specific times for exchanges of custody over the Christmas holiday shall be arranged by agreement of the parties. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. THANKSGIVING/EASTER: The parties shall share having custody of the Child on both Thanksgiving Day and Easter with the exchange times to be arranged by agreement. C. MEMORIAL DAY/JULY 4TU/LABOR DAY: The parties shall share or alternate having custody of the Child over the Memorial Day, July 4th and Labor Day holidays as arranged by agreement. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day with the exchange times to be arranged by agreement of the parties. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Unless otherwise agreed between the parties, the Father shall provide transportation for all exchanges of custody. 6. Each party shall ensure that the other party has his or her current address and telephone number. 7. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Melissa L. VanEck, Esquire - Counsel for Mother David J. Toner, Father KAREN L. SHAPUTIS, Plaintiff VS, DAVID J. TONER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5605 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: NAME CIVIL The pertinent information concerning the Child who is the subject of this litigation is as DATE OF BIRTH CURRENTLY IN CUSTODY OF Hudson Shaputis April 17, 2001 Mother 2. A Conciliation Conference was held on October 25, 2001, with the following individuals in attendance: The Mother, Karen L. Shaputis, with her counsel, Melissa L. VanEck, Esquire, and the Father, David J. Toner, who is not represented by counsel in this matter. Date 3. The parties agreed to entry of an Order in the form as attached. Custody Concilimor KAREN L. SHAPUTIS, Plaintiff VS. DAVID J. TONER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-5605 : : CIVIL ACTION - AT LAW : CUSTODY PLAINTIFF'S PETITION TO MOFIII~~ CIISTO1)V AND NOW, comes the Plaintiff, Karen L. Shaputis, by and through her attorney, Jeann~ B. Costopoulos, Esquire, files the following Petition, respectfully representing as follows: 1. Petitioner is Karen L. Shaputis, Plaintiffabove, who currently resides at 1083 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Respondent is David J. Toner, Defendant above, who currently resides at 4 Kansas Road, Landisburg, Perry County, Pennsylvania, 17040. 3. The parties are the natural parents of Hudson Shaputis,, born April 17, 2001 (hereinafter referred to as the "child"). 4. An Order of Court was signed by the Honorable Edward E. Guido on November 6, 2001 following an agreement reached between the parties at a custody conciliation conference held on October 25, 2001. Said Order is atlached as Exhibit A. 5. Since December of 2001, Defendant's interaction with the child has consisted of the following: (1) Between December of 2001 and April 12, 2003, Defendant failed to exercise any visitation with his son. (2) On Saturday, April 12, 2003, Defendant showed up to take the child shopping for this birthday. Plalmiffaccompanied Defendant and the child to K-Mart. (3) Defendant showed up on Sunday, April 13, 2003 at noon to take the child for the afternoon. He had purchased a car seat which was still in the box and Defendant was unable to use it so he borrowed Plainti~s car seat. The child engaged in a temper tantrum when he realized he would be leaving with Defendant. Defendant later showed up at Plaintiff's mother's house and smokedl a cigarette outside the house while the child remained in the car in the driveway. (4) On April 19, 2003, Defendant attended a birthday party Plaintiffheld for the child. When he appeared at 3:00 p.m., the child mn into his room and hid. Defendant sat in a comer and had little or no interaction with the child. He left at 4:30 p.m. without ;saying goodbye to the child. (5) On June 15, 2003, Defendant showed ttp at Plaintiff's house unannounced at 9:30 a.m. and stayed fc,r one hour. (6) On July 4, 2003, Defendant showed up at Plaintiff's house unannounced at 6:45 p.m. accompanied by his mother. Since it was a holiday and getting late and Plaintiff had not expected anyone, Plaintiffdid not permit them to visit with the child at that time. (7) On July 18, 2003, a neighbor reported to Plalntiffthat a man in a red car fitting the description of Defendant was outside of Plalnti~s house tinging the doorbell and knocking on the door for about a half an hour or SO. 6. During the few visits Defendant has chose to exercise with the child, he has not interacted much with the child nor has he exhibited any trace of ability to properly care for the child. As a result, Plaintiffbelieves that he should not be left unsupervised with the child until such time as he complete a parenting skills class and has been observed by someone qualified to determine whether or not his skills have improved so such an extent that he can properly care for a small child on his own. WHEREFORE, Plalntiffrespectfully requests this Honorable Court enter an Order reflecting the status quo which has been established between the parties, confirming primary custody with Plaintiff subject to periods of supervised visitation with Defendant. BY: e~ B. Costopoulos,~squire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 ATTORNEY FOR PLAINTIFF KAREN L. SHAPUTIS, Plaintiff VS. DAVID J. TONER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-5605 : : CWIL ACTION - AT LAW : CUSTODY I, Karen L. Shaputis, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 P a. C.S. § 4904, relating to unswom falsification to authorities. Date: Karer~ L. Shar(}/tis t KAREN L. SHAPUTIS, Plaintiff VS. : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-5605 DAVID J. TONER, Defendant CIVIL ACTION - AT LAW CUSTODY CERTIFICATE OF ,ql~RVIf~E I, Jeann6 B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: David J. Toner 4 Kansas Road Landisburg, PA 17040 Dated: e~/~//0) BY: e~-~ B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (71;7) 790-9546 Supreme Ct. ID No. 68735 ATTORNEY FOR PLAINTIFF EXHIBIT A KAREN L. SHAPUTIS, Plaintiff VS. DAVID J. TONER, 'Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA 01-5605 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT upon consideration of the attached CustOdy Conciliation Report, it is ordered and directed as follows: ' 1. The Mother, Karen L. Shaputis, and the Father, D ' awd j. Toner, shall have shared legal custody of Hudson Shaputis, bom April 17, 2001. Each parent ,';hall have an equal right, to be exercised jointly with the other parent, to make all major non-ernergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Both parties shall have equal access to all records pertaining to the Child, including medical and school records. 2. The M6thei~: shall have primary physical CUstody;6f the Ch'ild. 3. The Father shall have partial physical custody of the Chill ever} weekend 'fr~m' Friday at 7:00 p.m. through Sunday at 7:00 p.m., beginning October 26, 2001.. 4. The parties shall sha. re or alternate having custody of the Ctr[ld on holidays as follows: A. _CHRISTMAS: The Christmas holiday shall run from Christmas Eve through Christmas m0minbg~ divided into Segment A, which shall and Segment B, which shall mn from Christmas morning through December 26. The specific times for exchanges of custody over the Christmas holiday shall be arranged by agreement 9fthe parties. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A even numbered years and during Segment B in odd numbered years, in B. ~THANKSGIVING/EASTER. The parties shall share having custody of the Child on both Thanksgiving Day and Easter with the exchange times to be arranged by agreement. C. MEMORIAL DAY/JULY 4~rn/LABO DAY: . The part/es shall share or alternate havhag .custOdy of the Child over:the MemOrial D~i~,~ July 4th and Labor Day holidays as arranged by agreement. D. ~MOTItER'S DAy/FATHER'S DAV: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day with the exchange times to be arranged by agreement of the parties. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Unless otherwise agreed between the parties, the Father shall provide transpmtation for all exchanges of custody. 6. Each party shall ensure that the other party has his or her current address and telephone number. 7. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an a;greement of the parties at a Custody Conciliation Conference. The parties may modify the provisi(~ns of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Melissa L. VanEck, Esquire - Counsel for Mother David J. Toner, Father ' BY THE COURT, In ?e~tT) .. KAREN L. SHAPUTIS, Plaintiff VS. DAVID J. TONER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAN~D COUNTY, PENNSYLVANIA 01-5605 C, IVIL ACTION LAW IN CUSTODY .CUSTODY CONCILIATION SUM/VIARY REPORT PRO ...... ~IN._.A_C_CORDAI~.CE. V~TH CUMBERLAND 'COUNTY RULE-OF CIVIL ~-~IJUI, CE 1915.3-8, the ~ders~ed Custody Conciliator subnfits the follo~ng repo~: 1. The pe~inent i~o~ation concerning the C~ld who is the subject of tbs litigation is as follows: NAME DATE OF BIRTH ..CURRENTLY IN CUSTODy OF Hudson ShhpUtis April 17, 2001 'Mother 2. A Conciliation Conference was held on October 25, 2001, with the following individuals in attendance: The Mother, Karen L. Shapufis, with her counsel, Melissa L. VanEck, Esquire, and the Father, David J. Toner3 who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date - Dawn S. Sunday, Esquire Custody Conciliator KAREN L, SHAPUTI$, Plaintiff V# DAVID $. TONER, Defend~t : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, PENNSYLVANIA ; No, 01-$605 : CIVIL ACTION - LAW : CUSTODY PETITION TO F_2VrER SIiIPIJLATION AS AN ORD~ot OF COURI' AND NOW, come the parties, Kava L. Shaputis and David J, Toner, and n:speci:~tlly request the following $tipuhfion to be entered as an ord~ of court, replacing all prior orders: The l~d~, Karen L. Shapufis (the Mother he~inafiar) and David J. Toner (thc Father hem/nailer), have bom to them one child, namely Hudson Shal~tls, born April ~ 7, 2001 (the Child hereinafter) and the parties wish to enter illto an a~reement relative to physical and legal custody of the child. In consideration of the mutual covensn~, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: Mother shall have full primary physical and legal custody of the child. Therefore, Mother ,~hal! have sole authority to make decisions on behalf o£the child without first obtaining consent from Father. Father shall be permitted visitation with ~he child only a~ the sole cllscretion of Mother. In add/tion, Mother is authorized to relocate with the child to any place she chooses. WHEREFORE, the parties, intendin$ to be legally bound, ~ld ~th the desire that this Agreement be entm-~i a~ an order of c0u~ bereby set their hands and seals and Rte date of their AVID J. ToItrER KAREN L. SHAPUTIS PLAINTIFF V. DAVID J. TONER DEFENDANT iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-5605 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Monday, August 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. _, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September 04, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is reqmred by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KAREN L. SHAPUTIS, Plaimiff DAVID J. TONER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5605 : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this ' ~l~y of ~, 2003, upon consideration ofthe within Petition to Enter Stipulation as an Order of Court, the Petition is hereby granted. B~...,THE COURt:' ~ ^UG1.5 2003 KAREN L. SHAPUTIS VS. Plaintiff DAVID J. TONER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL~LND COUNTY, PENNSYLVANIA 01-5605 CIVIL ACTION LAW IN CUSTODY .ORDER AND NOW, this . 14TM day of ~, the conciliator, being advised by plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Cust°dy C°nciliation Conference scheduled for September 4, 2003, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire~ Custody Conciliator IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA KAREN L. SHAPUTIS Plaintiff, No. 01-561)5 Civ/1 Term Civil Action - Custody DAVID J. TONER Defendant STIPIII,ATION FOR ENTRY OF AN AC. REED ORDER OF ~II~TODY THIS STIPULATION AND AGREEMENT entered into this c7~ day of ~"~~~J~. _ 2003, by and between David J. Toner, (hereinafter referred to as "Father") and Karen L. Shaputis, (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father, (hereinafter jointly refen'ed to as the "parties"), are the natural parents of one (1) child, namely, Hudson S. Shaputis, bom April 17:~001 , (hereinafter "child"); and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual prmmses, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. Mother shall have sole legal and physical custody. 2. Father has waived and agreed to terminate all parental rights in accordance with and reliance upon mothers waiver of father's support for the child. 3. Mother is authorized to relocate with the child to any place of her choosing. 4. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 5. The parties hereby stipulate to the entry of the above as an order of court and waive their right to appear before the court for the presentation of this stipulation and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should cimumstances change and should either party desire further or require further modification of said Order. IN WITNESS WItEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. (SEAL) David J! Toner ~ Kare~ L. Sh~anu/is (SEAL) Law Offices ofLee E. Oesterling, LLC 42 East Main S~eet Mechanicsburg, PA17055 (717)790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KAREN L. SHAPUTIS Plaintiff DAVID J. TONER Defendant No. 01-5605 Civil Term Civil Action 2 Child Custody ORDER AND NOW, this day of__ ~ ~ ., 2003, in consideration of the Stipulation for Entry o f a n A greed Order o f Custody filed b y t he parties to the above-captioned matter, it is ORDERED that said stipulation is hereby made an ORDER OF COURT as if fully set forth herein. 11-13 -OD ¥1NYA'IASNN~d IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA KAREN L. SHAPUTIS Plaintiff, No. 01-5605 Civil Terra Civil Action - Custody DAVID J. TONER Defendant ,~ITIPlII,ATION FOR ENTRV OF AN AGREED ORDER OF CII,~ITf)Dy THIS STIPULATION AND AGREEMENT entered into this ~ day 2003, by and between David J. Toner, (hereinafter referred to as "Father") and Karen L. Shapntis, (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father, (hereinafter jointly referred to as the "parties"), are the natural parents of one (1) child, namely, Hudson S. Shaputis, bom April 17~ 2001 , (hereinafter "child"); and WItEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. Mother shall have sole legal and physical custody. 2. Father has waived and agreed to terrmnate all parental rights in accordance with and reliance upon mothers waiver of father's support for the child. 3. Mother is authorized to relocate with the child to any place of her choosing. 4. The parties agree that m making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 5. The parties hereby stipulate to the entry of the above as an order of court and waive their fight to appear before the court for the presentation of this stipulation :and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Curnberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and should either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. ~~e~----------~~ (SEAL) Da~i~/Toner ~ ~ Kare~a L. S apl~s~'~'' (SEAL)