HomeMy WebLinkAbout94-06624
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PIlAEClPE 11'00. ENtRY OH APPEARANCE
DOUGLAS G. SHERTZER, JR.,
m 'l'BE CXIlRr a! CXJM:fi pLEAS
a! CUMBERLAND cxun'Y, P\!NNS!LVlINIA
crvIL ACTI~ LAW
00. fiL,.. tt,(j).)/r, 19_
PLAINTIFF
vs.
NIKKI STEWART,
'l'O ~ a!
SAID cxun'Y:
DEFENDANT
sm, Please enter the appearance
of Buzgal, Davis, Reed, Olarles, Suber, , COyle, Ltd., who8e addr:eM is 525
Scuth Eighth Street, P.O. BoX 49, I.e/JanOn, PennSYlvania, 17042, as attorneys
for Douglas G. Shertzer, Jr.,
the plaintiff
in the abcJve-<:,aptioned cae.e.
B\JZGCN, Dl'.VIS, REED, CBARLES, BIlBER
, CCYLE, LTD.
DI\T'€D: November 18, 1994
BY:
~/k~
MARYH. ~lK'.ESQU1RE
Attorney 1.0. #69040
717/274-1421
DOUGLAS G, SHERTZER, JR.,
PLAINTIFF
IN TilE COURT OF COMMON PLEAS OF
vs,
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIl. ACTION - FAMILY DIVISION
NIKKI STEWART,
NO.
DEFENDANT
COMPLAINT POR CUSTODY
1. The plaintiff is Douglas G. Shertzer, Jr., residing
at 3101 spring Road, Lot 11, Carlisle, cumberland County,
Pennsylvania.
2. The Defendant is Nikki Stewart, residing at 16369
Seminole Boulevard, Brooksville; Florida, 34601.
3. Plaintiff seeks custody of the following children:
~
Present Residence
lli\..t.P. of Birth
Tahlia L. Shertzer
16369 Seminole Blvd.
Brooksville, Florida
12/10/86
Tabatha N. Shertzer
16369 Seminole Blvd,
Brooksville, Florida
2/2/88
4, The children were not born out of wedlock,
5. The children are presently in the custody of Nikki
Stewart who resides at 16369 Seminole Boulevard, Brooksville,
Florida.
9. The relationship of Plaintiff to the child is that
of father. The Plaintiff currently resides with the following
persons:
~
Peg Valitti
Kelly Weber
Relationship
Girlfriend
Girlfriend's daughter
10. The relationship of Defendant to the child is that
of mother, The Defendant currently resides with the following
persons:
~ Relationship
Donald Stewart Husband
Amber Stewart Daughter of Husband
Plaintiff has reason to believe that aleo living with
Defendant is Defendant's husband's brother and his family.
11. Plaintiff has primary physical and legal custody of
the children as per a custody agreement made between the parties in
January, 1992,
12. 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,
-3-
13. Plaintiff has no information of a custody proceeding
concerning the child pending in a Court of this Commonwealth.
14. 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,
15. The best interest and permanent welfare of the child
will be served by granting the relief requested because:
(a) The children have been accepted into the
Milton Hershey School in Pennsylvania
(See attached acceptance letters);
(b) Due to the past history of the children,
Plaintiff-father feels that the best
interest of the children is to reside at
Milton Hershey School, with liberal
visitation rights by Father and Mother;
and
(c) The oldest child, Tahlia, hae been determined
to be gifted, and it is Plaintiff-Father's
contention that the Milton Hershey school
will provide a better future for her in this
regard, as it would Tabatha; and
-4-
:\IILTON HERSHEY SCHOOL
I'" 1I11:("1ll
ItEn~;lIE". PE:"~~YI.\'.\~I,' 1';11 n 1l~;1U
FOUNDED lllO\l
19 September 1994
Tahlla Shertzer
3101 Spring Rd.
Lot11
Carlisle, PA 17013
Dear Tahlla:
Congratulations on your acceptance to Milton Hershey School! We are looking
forward to seolng you and your family on Enrollment Day, Tuesday, September 271
Please plan to arrive at The Homestead at 8:00 a.m. Since there Is no public
transportation available In Hershey, we have enclosed a map indicating directions to the
appropriate building. Please arrive on time as we have a busy morning planned. When
you arrive, please keep any personal items, Including clothing, In your car. You and
your family will take these items to your student home at the appropriate time. We ask
that you limit the amount of clothing you bring with you. You will visit our School's
clothing room during one of your first days on campus. At that time, you will get a
chance to choose an entire wardrobe of clothing from socks to a jacket.
Your family can expect to be on our campus until after our noon luncheon which will be
provided In one of our school buildings. Because of limited space during our Enrollment
Day program, please plan to have no more than four people, Including yourself, in
your group. Other members or friends of the family can plan to visit the school at a later
time, Please have a parent call Arlene In our office by September 22 to verify you
have received this Information and to tell her the number of people that will be In
your group. Our number Is 800-322-3248 or 717-534-3546. Again, we look forward to
seeing you. Have a safe trip to our campusl
Sincerely,
~~ )J~
Danny Warner
Assistant Director of Admissions
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BUZGON, DAVIS, REED, CHARLES, HUBER & COYLE, LTD.
525 SOlTlll E1Glml!ITREIIT
.,0, \lOX 19
1.Ii\lANON,I'INN5YLVANlA 17012
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II_NElD A.. 'UZGON
IICHAIO W. DAYIS
H,UIY W. IIID. J'
llAProlD H.CHAII.lI.
TIMOTHY J. HUlII
IOWAIDJ.WYLI
I<lU>/llINC P AlllNliR
ANDCOUNm.
l'IUUr I. DAVl5
('1I7)Z1..,1J1
PAX
(717)11..1'7S2
MAIY K. IUlCHIK
January 12, 1995
RE: Shertzer v. Stewart
No. 94-6624 Civil Term
Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Dear Sir or Madam:
Enclosed for filing please find a Return of Service from the
Sheriff of Hernando County, Florida, the county of Mrs. Stewart's
residence. Should you have any questions, please feel free to
contact me.
Very truly yours,
'/1 (2/J
q!ta'(f d. 1)t,'U/',U1
MARY H. BURCHIK
MHB/nlg
Enclosure
'Certified Cil/ll Trill Advocate by the NltIOf'lIlJ Board 01 Trial Advocacy,
A Pennsylvania SUprlrM Coutl Accredi'ed Agency.
FES . 9 '9'95 cJ,.-
DOUGLAS G. SHERTZER, JR., ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs. )
) NO, 94-6624 CIVIL TERM
NIKKI STBWAR'f, )
Defendant ) CUSTODY
AND NOli,
~
this 10 day of
cArR
, 1995, upon receipt of the
conciliator's report, it appearing that the parties were able to agree upon sufficient
facts to make it clear that this Court does not have jurisdiction over the children of
the parties, who are now residents of Florida and have been residents of Florida, and
full-time school students there, fOl more than a year, we hereby decline jurisdiction
in the case. Accordingly, the Plaintiff's petition in this matter is hereby dismissed.
1/
Nikki Stewart, pro se
8542 Evergreen Avenue
Brooksville, FL 34613
';-'j
Mary H. Burchik, Esquire
Attorney for Plaintiff
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IN THE COURT OF COHHON
PLEAS OF CUHBERLAND
COUNTY, PENNSYLVANIA
NO, 94-6624 CIVIL TERH
DOUGLAS G, SHERTZER, JR"
Plaintiff
NIKKI STEWART,
Defendant
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None
CONCILIATOR CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUHBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8(b), the
undersigned Custody Conciliator submits the following report:
1, The pertinent information concerning the children who are the SUbject of this
litigation is as follows:
NAHE
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Tahlia L, Shertzer
Tabatha N, Shertzer
10 December 1986
2 February 1988
Defendant/Hother
Defendant/Hother
2. A Conciliation Conference was held on 7 February 1995 and the following
individuals were present: the Plaintiff and his attorney, Hary H. Burchik, Esquire
(P.O, Box 49, Lebanon. PA 17042). The Defendant did not appear but her mother, father,
and stepfather appeared in her place. The father was accompanied by his attorney, his
fiance, and his father. I let all of these people sit in on the conference.
3, The threshold issue in this case is whether our court has venue or
jurisdiction over this case, The facts an to the residences of the children over the
past two years were agreed upon by all the parties as follows:
A, The children lived with the father and his family here in
Pennsylvania at various addresses until January of 1994,
1
B. In January of 1994. by the consent of the father and mother. both of
these children went to live with the mother in Florida. They have lived with
her since that date without interruption,
C. Both of the children are full-time students in school in Florida and
have been so since January of 1994.
D. There has never been a custody order entered by any court and. other
than some written agreements signed by the parties, there have been no formal
actions for custody.
E. The mother has d third child. Tasha Shertzer, born 7 December 1989.
which she claims is the father's child but which the father denies is his.
That child lives with the two children who are at issue in this case and the
mother and her present husband in Florida and has lived with the mother since
her birth.
4. All the parties present agreed upon these facts and there seems to be no
dispute about them,
5. I advised the parties that I did not think our court would accept jurisdiction
of the case since the children have been living in Florida for more than a year, are
enrolled in school there, and live with at least one sibling or half-sibling there. I
advised them that I believed a court in Florida would be in a far better position to
collect and evaluate the facts necessary to make a determination in the case,
6. The mother has filed no formal challenge to jurisdiction, She did contact my
office by telephone several days prior to the conference and informally raised that
objection. Under the circumstances. I think that is sufficient for the court to enter
2