HomeMy WebLinkAbout94-06697
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SUSAN RICHCREEK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 94-
CIVIL TERM
v.
CUSTODY
WILLIAM CYRIL SHUTTLESWORTH,Jr:
Defendant
PETITION FOR SPECIAL RELIEF
The Plaintiff, through her attorney, Joan Carey, of Legal
ServiceB, Inc., represents the following:
1. The plaintiff, Susan Richcreek, hereinafter referrsd to
aB the mother, resides at 46B Wolfsbridge Road, CarliBle,
Cumberland County, Pennsylvania.
2. The defendant, William cyril shuttlesworth, Jr.,
hereinafter referred to aB the father, reBideB at 575 Kohler
School Road, Chesapeake Trailer Park, Lot 2, New Oxford, Adams
County, pennsylvania.
3. The parties are the parents of Shannon Renee and William
Anthony Shuttlesworth.
4. A Complaint for custody waB filed in the above-captioned
matter simultaneously with this Petition. A conciliation
conference will be scheduled.
5. The mother has been the primary caretaker of the chilren
since their birth until approximately November 16, 1994, when the
paternal grandparents took William A. shuttlesworth from Bchool
and transported the child to the father's residence in New
Oxford.
.
6. The mother has concerns about the father's ability to
care for the child for reasons including the following:
a. The father had been sporadically involved with the
children prior to this.
b. The father abuses drugs and alcohol and haB been
convicted of drug and alcohol related charges in the past.
c. The child has been absent from school since
November 16, 1994.
d. The father has a violent temper and has committed
such acts as cutting the plaintiff's face with a broken
bottle, requiring fifty-eight stitches and kicking thA
mother's boyfriend in the face with steel-toed Bhoes.
7. Since November 16, 1994, the mother has made repeated
requests and attemptB to have the child returned, but the father
and paternal grandparentB refuse to return the child or allow any
contact between the mother and the child.
8. The mother fears making further attemptB to get her
child because of the physical violence perpetrated by the
defendant both to her and her male friend in the past aB recently
as in or around March 1994.
WHEREFORE, the plaintiff requests that this court enter a
Temporary Order granting immediate custody of the children to the
plaintiff and the immediate return of William A. Shuttlesworth to
the mother pending further Order of Court.
ReBpectfully submitted,
~t'n.... Gj\.u~
Jo Carey " ( P
At orney for ~l~tiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named Plaintiff, SUSAN RICHCREEK, verifies that
the statements made in the above Petition are true and correct.
The plaintiff understands that false statements herein are made
subject to the penalties of 10 Pa. C.S. section 4904, relating to
unsworn falsification to authorities.
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Date: II -Ot 3- ~ 'f
f<, ~Cu-A- rcu lu~
Susan Richcreek, Plaintiff '--
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Address
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plaintiff, sonny
Shuttlesworth
(children's siBter)
plaintiff, Jeff
Edmonds (plaintiff's
boyfriend)
55 springview Rd.
Carlisle, PA
1989 - 4/91
468 WolfBbridge Rd.
carlisle, PA
4/91 - 11/16/94
575 Kohler School Rd.
New Oxford, PA
11/16/94 - present
defendant &
defendant's
girlfriend
The mother of the child is Susan Richcreek, currently
residing at 468 Wolfsbridge Road, CarliBle, pennBylvania.
She is divorced.
The father of the child is William cyril ShuttleBworth, Jr.
currently residing at 575 Kohler School Road, New Oxford,
Pennsylvania.
He is divorced.
4. The relationship of plaintiff to the children is that of
mother.
5. The relationship of defendant to the children is
that of father.
The plaintiff currently resideB with the following persons:
~
Relationship
boyfriend
daughter
Jeffrey Edmonds
Shanon Shuttlesworth
6. Plaintiff has not participated as a party or witnesB, or
in another capacity, in other litigation concerning the custody
of the children in this or another court.
7. Plaintiff haB no information of a 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 intereat and permanent welfare of the children
will be served by granting the relief requested for reasons
including the following:
a. The mother has been the primary caretaker of both
children.
b. The mother can best provide for the needs of her
children.
c. The father has not acted in the child's best
intereBt by keeping the son out of school and denying the
mother access to the child.
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.
WHEREFORE, the plaintiff requests this Court to grant
primary phyoical custody of the child to the plaintiff.
Respectfully BUbmitted,
~.~ C~)LDl
Joa Carey In
Attorney foIi' l~ntiff
LEGAL SERVICES, INC.
S Irvine Row
Carlisle, PA 17013
(717) 243-9400
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. FES 22 1995J",
SUSAN RICHCREEK,
Plaintiff
: nl THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. 6697 - CIVIL - 1994
v
WILLIAM CYRIL SHUTTLESWORTH,
Defendant
.
.
.
.
:CIVIL ACTION - CUSTODY
COURT QRlmR
AND NOW, this ~ day of ~, 1995, upon consideration of
the attached Custody Conc 1 at 0 Report, it is ordered and
directed as follows:
1. The Mother, Susan Richcreek, shall have custody of Shannon R.
Shuttlesworth, born October 29, 1979 and William A.
Shuttlesworth, born July 8, 1982.
2. The Mother shall enjoy primary physical custody of the minor
children.
3. The Father shall have visitation with the minor children at
such times and under such circumstances as agreed upon by the
Mother.
4. In the event the Father desires to modify this Order, the
Father may file a Petition with the Court requesting such a
modification at which time this case will be referred again
to the Custody Conciliator.
5. Counsel for the Mother shall serve the Father by regular mail
with a copy of this Order and a copy of the Custody
Conciliation Report. ~
BY iH~ 'COl1Ji/
'~'J)/'
Judge Edgar B. Ba ley
cc: Joan Carey, Esquire - C"7t(j /..,:--C,,L .J.J;;},'f/1S,
--S,(j' .
SUSAN RICHCREEK, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
:
v :NO. 6697 - CIVIL - 1994
:
WILLIAM CYRIL SHUTTLESWORTH, :
Defendant :CIVIL ACTION - CUSTODY
PRIOR JUDGE: JUDGE EDGAR B. BAYLEY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL 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 are:
Shannon R. Shuttlesworth, born October 29, 1979, and
William A. Shuttlesworth, born July 8, 1992.
2. A Conciliation Conference was held February 10, 1995, with the
following individuals in attendance:
The Mother, Susan Richcreek, with her counsel, Joan Carey,
Esquire, of Legal Services and Sonia Hinkel. The Father did
not attend the conference. The Father was served with notice
of the conference on December 6, 1994.
3. The Mother relates that the Father has had limited contact
with either child over the past eight months. The Father had
a one or two hour visit this past Christmas. In November of
1994, the Father took William A. Shuttlesworth without the
permission of the J.!other, at which time Judge Bayley issued a
temporary Order dated November 23, 1994, on a Petition for
Special Relief whnreby the Father was directed to return the
minor child to the Mother.
4. The Conciliator recommends an Order in the form as attached.
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