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HomeMy WebLinkAbout95-07025Riegier • Shienvold & Associates Custody Evaluation Colleen R. Washinger v. John Shaffer, III Islliot Itiegler, (1948-1909) Arnold *r. Shienvold,l'h.D. Niclindu Bash, NIS James hush, LSW Michael J. Asken, NO). Ilonnic Howard, Ph.D, Amy K. Keisling, ACSW, l.CSW. 0CD ,rrucy Itich;uds, QCSW, LCSW Don Lumence, LSW Dyanne Seymorc, QCSW, LSW Jeffrey Pincus, Ph.D. Ann Vergules. ACSW, LSW, BCD Lisa R. Paponeui, NIA Referred By: Order Of Court dated May 2, 2001 and signed by The Honorable J. Wesley Ohler, Jr. Referral Reason: To conduct a comprehensive custody evaluation and to make recommendations regarding the most appropriate custodial arrangements for Kayla Marie Shaffer, DOB 9/2/94, and Quentin Michael Shaffer, DOB 12/23/95 Individual Interviews: Colleen Washinger John Shaffer Kayla Shaffer Quentin Shaffer Steve Washinger Valerie Shaffer 6/25/01, 7/31/01, 8/10/01 6/28/01, 8/03/01, 8/10/01 8/14/01, 8/17/01 8/14/01, 8/17/01 8/9/01 8/7/01 Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2) 'Colleen Washinger 'John Shaffer 'Steve Washinger 'Valerie Shaffer Bricklin Perceptual Scale (BPS) 'Kayla Shaffer Home Studies: Each parent's residence was evaluated for safety concerns and the children were observed interacting with their parent in the home environment Parent-Child Interactions: The children were observed interacting with their parent in the office setting PLAINTIFFS EXHIBIT 2151 1-inglestown Road, Suite 200 - Ilarrisburg, Pennsylvania 171 10 - (717) 540-1313 - Fax: (717) 540-1416 Washinger v. Shaffer Page 2 Additional Information: I. Letters dated May 4, 2001 and August 23, 2001 from Marilyn C. Zilli, Esquire to Dr. Shienvold 2. Letter from Gregory J. Katshir, Esq. to Dr. Shienvold dated May 10, 2001 3. Petition For Modification Of Custody filed on behalf of John Shaffer, 111 dated March 10, 1999 4. Order Of Court dated August 16, 1999 5. Petition For Modification Of Custody Order filed on behalf of Colleen Washinger Background: John and Colleen have shared the physical and legal custody of Kayla and Quentin since 1997. The physical custody arrangement has the children switching residents every Sunday for a week at a time. John had attempted to get primary physical custody of the children in 1999, but that attempt was turned down by Judge Ohler. At this point in time, it is Colleen who is seeking a modification in the current custody arrangement so that the children spend the majority of their time with her during the school year. John opposes that arrangement and continues to seek a custodial arrangement which places the children primarily with him during the school year. The primary reason for the request to change custody is the fact that the parents live in two separate school districts. Colleen lives in the Halifax School District and John lives in the East Pennsboro District. Last year, Kayla attended kindergarten in the E. Pennsboro area. That was decided during a time period when Colleen was experiencing marital problems and had separated from her husband for a brief period. Due to the uncertainty of her situation, she agreed to allow Kayla to start her schooling in E. Penn. Since Colleen has subsequently resolved the marital problems, she would like the children to attend school within her residential district. Colleen believes that it is in the children's best interests to attend school from her home. She is convinced that John's primary motive for seeking primary custody, or at least maintaining shared custody, is related to child support issues. According to Colleen, John does not want to pay any child support. Additionally, when he filed for primary custody in 1999, he was only willing to allow her visits with the children three weekends per month. Colleen found such a suggestion insulting. Last November, Colleen was laid off from her job in Gratz. That meant that she could be home all day with the children. She could be there before and after school and could easily be Washinger v. Shaffer Page 3 involved in daytime school activities. In May of this year, Colleen took a pert-time job with The Bon-Ton. She works very flexible hours which continue to allow for her availability to the children. Colleen believes that the children are in need of a more stable custody arrangement than the one that currently exists. Colleen is not convinced that John has a particularly stable home. She noted that he has had many jobs over the last several years. Also, his home was for sale at the time of the evaluation and she was uncertain to where he would be moving. Finally, Colleen is adamantly opposed to Valerie Shaffer being the primary care-taker of the children if they are in John's custody. She perceives Valerie as the primary reason that the marriage broke-up and finds it unforgivable that she would primarily watch the children while John works. On the other hand, Colleen feels that she is an excellent mother. She reported that the children have always been primary in her life. She stated that her only goal in life had been to be married and raise children. She originally agreed to a shared custodial arrangement, "because I'm a nice person." She reported, "hating fighting and arguing" with John. Therefore, she acquiesced to a suggestion for shared physical custody. Colleen perceives herself as being very patient with the children. She believes that the children are comfortable talking to her about anything and they know she will not lie to them. Colleen also makes sure that the children know that they are loved by her by showing them affection daily. John feels that the children should be placed in his primary physical custody. According to John, he and Colleen had always agreed that the children would attend either the East Pennsboro District or the Cumberland Valley District. He attended East Pennsboro, so he feels more familiar and comfortable with that district. On the other hand, he has acquired no information about the Halifax District because, "Colleen supplied me with no information." He has not bothered seeking any of that information because, "I'm hard on the kids going to East Penn. They already started there." John admitted that Kayla started kindergarten at East Pennsboro for the reasons that Colleen described. However, he believes that it is now best to keep Kayla in her first school. According to John, Kayla has already begun to develop friendships through the school and in his neighborhood. He is uncertain if Kayla has any friends who go to the Halifax school. John is also concerned that Colleen will not involve Kayla in any outside activities. According to John, Colleen refused to allow Kayla to be in girl scouts and she was reluctant to allow her to take swimming lessons while with him. John reported that he has no concerns about Colleen's care of the children. He admitted that she is a good mother. John believes that he is a good father. John feels that he has always been there for the children. He is good at providing them with discipline and that he is very active with them. He denied that he is experiencing any financial problems at this time. John admitted Washinger v. Shaffer Page 4 that he believes it is unfair that he has to pay child support when the children are with him an equal amount of time. He feels that Colleen "is trying to get as much out of me as she can." John indicated that his wife, Valerie, has an excellent relationship with the children and would be available to care for the them before and after school when he was working. By way of history, John and Colleen met in 1992. After dating for a while they moved in together in Middletown. They married on August 21, 1993. At the time, John was working for Fry Communications and Colleen was employed by the American Legion in Wormleysburg. Kayla's conception was not planned, but both were excited about having the baby, Kayla was born approximately one month prematurely and had to spend an extra week in the hospital. Colleen then took off from work to care for the baby. She was also selling Avon in her spare time. Colleen and John lived briefly in an apartment in Mechanicsburg, but then bought their home in Enola. John was working a great deal and problems began to develop in the relationship. Colleen felt that John did not want to be with her or Kayla. She stated that he found reasons to be away from the house, including the fact of going out drinking a great deal. John agreed that was true, but indicated that he had "cut myself off from the bar." He believes that by the time he made that decision it was "too late." Colleen also alleged that John had become involved with Valerie and that he had refused to attend counseling with her. John denies there was an affair, but there was a "ftiendship." Interestingly, Valerie moved in with John within six weeks after they separated. John reported that she moved in "only to share expenses." During the course of the separation, which occurred in 1995, Colleen discovered that she was pregnant with Quentin. John initially denied that the baby was his and wanted a paternity test. According to Colleen, he also wanted her to abort the baby. John denies that allegation. The baby was John's and Quentin was born 4 months premature, weighing only 1 '/3 pound at birth. Quentin spent the next 4 months in the NICU. Colleen admitted that John wits an interested and involved parent. He visited with Quentin frequently while he was in the NICU. What Colleen resented was the fact that on the day of Quentin's discharge, John demanded that he go home with him because it was "his' week. The week on/ week off arrangement had already begun. From that time forward, the shared arrangement was in effect. Analysis: Kayla Shaffer is a cute, 7 year old girl who attends the first grade. She is described by her parents as "fantastic," "smart," and very "feminine." Colleen describes her as "7 going on 30, implying that she is very mature. John reports that she is a "respectful," "delightful," "very good" child who enjoys helping around the house and getting attention. She can be stubborn and has a temper "like her father's." Both parents feel that Kayla can deal with change well, but they disagree on how sensitive she is. Colleen feels that Kayla is quite sensitive, but John does not agree. Washinger v. Shaffer Page 5 Kayla did extremely well her first year of school. The teachers liked her and found her to be very helpful with other children in the classroom. She exhibited no problem behaviors and excelled in learning. She also did well socially at school. She has a considerable number of friends in school and at the daycare. Colleen pointed out that Kayla has a number of friends in the Halifax area. Kayla appears to be more of a leader with her friends as they look to her for direction. Kayla's physical health and development are well within normal expectations. She demonstrates a good appetite and is willing to try new foods. Both parents expect the family to eat together at dinner time, if possible„ Kayla is a sound sleeper who experiences no particular sleep disturbances. Her bedtime is between 8:30 and 9:00 at both houses. Neither parent felt that Kayla demonstrated any behavioral or emotional problems. Kayla had no difficulty separating from either parent for her interviews. She is a somewhat serious little girl who demonstrated good verbal skills. Kayla understood the current custody schedule and was very aware that there was a difference of opinion between her parents about "where I should live." Kayla indicated that she was being interviewed in order to decide "where I want to live and where I want to go to school." It was obvious from the interviews that Kayla had discussed these issues with both of her parents. Although, it appeared that Kayla had discussed it more with her mother than her father. Kayla stated that she was "supposed" to go to school in Enola, but, "I want to go to Halifax." She reported that she had told "Daddy John" that she could make new friends at her new school. She also indicated that she had told her father that she would live at his house in the summer. Kayla reported that she felt her mom played with her more than her father. She also indicated that she prefers to talk with her mother about problems. Kayla was able to name the games that she plays with her mother, Interestingly, when she talked about the games she plays with her father, they were very similar. Kayla candidly stated that her mother wants her to live and go to school in Halifax and her father wants her to go to school in Enola. Kayla likes both Steve and Valerie. She noted that Steve will often play the games that she and her mother are playing. Similarly, it appears that Valerie also participates in the children's play, maybe to an even greater extent than John. However, Kayla reported that Steve uses spankings to punish her and Quentin, but John and Valerie do not. Both of her parents will yell at her when they are angry. Kayla has open access to the phone to call her parents if she so desires. Her mother takes her and her brother to Church, but her father and Valerie do not do that. Kayla likes the fact that her mother and Steve do not smoke. She indicated that her father's smoking bothers her. She also noted that her mother makes her laugh more than her father does. She perceives both of her parents as being "fair." Kayla misses each of her parents when she is at the other's home. Washinger v. Shaffer Page 6 Kayla completed the Bricklin Perceptual Scale. The total point score between the two parents is only 25 points out of close to 3500 points. That indicates the closeness with which Kayla views her parents relative ability to care for her. Kayla scored her father higher in 1 I categories, her mother higher in 7 categories and, not surprisingly, there were 14 categories that were tied. Kayla clearly sees her father as being more assertive than her mother and more demanding about certain limits on behavior. On the other hand, she perceives her mother as more capable in assisting her in her medical needs and in helping her work out a problem. Kayla appears to be a somewhat serious, mature young girl. It is clear she has been exposed to this conflict by both of her parents. However, there do not appear to be any significant signs of anxiety or stress in her behavior, or responses during this evaluation. Kayla seems to have a healthy relationship with all of her care-givers. Quentin Shaffer is 5 years old. He is attending kindergarten this year. Quentin is perceived as a more laid back child. While he is also seen as respectful and obedient, he is not perceived as a leader, like his sister. He is a "fearless" little guy who will put himself in unsafe situations if he is not watched. John sees Quentin's behavior as more acceptable than Colleen appears to. She described him as capable of being quite "mouthy" and needing firm limits. There are no problems in his appetite or sleep habits. His physical health is good and neither parent feels that he presents any type of behavior or emotional problem. Quentin presented as a friendly 5 year old boy. Quentin had some difficulty with his speech articulation. He is a fair skinned little boy, who wears glasses and looks a lot like his mother. In spite of the articulation problems, Quentin was understandable in what he was saying. Upon entering the interview area when his mother brought him to the appointment, Quentin stated that he wanted to live and go to school in Halifax. He related that he always went to his dad's house on "Sunday," and that it was necessary to spend that long there. Quentin reported that "Daddy John says we should live with him." He also indicated that he and his mother had talked about what to say in his interviews. His mother had said that he should tell the truth and "said I should live here," meaning Halifax. Quentin's report on what occurs within each household was similar to Kayla's report, that is, both of his parents play a lot of games with him. Steve and Valerie are nice and they do a lot of things with the children, also. Quentin reported that his mother helps him get dressed in the mornings when he is there and he likes when his father reads to him before bed when he is at his house. Quentin indicated that his mother is a good cook and takes care of him when he is sick. She recently took him to get glasses. He reported that his father has also taken him to the doctor. Quentin displayed no particular behavioral difficulties. Fie was a little "wiggly" during his interviews, but his play was without signs of hyperactivity or distractibility. As noted above, he Washinger v. Shaffer Page 7 has articulation problems making it somewhat difficult for him to communicate. He did not appear anxious or under any particular distress. His parents appear to be "helping" him form opinions about where it would be best to live. Colleen Washinger is 30 years old. She lives with Steve Washinger in his home in Halifax, Pennsylvania. She met Steve in 1996 through a personal advertisement. After dating for approximately a year and living together, they married on November 19,1997. Colleen works on a part time basis for The Bon-Ton. Colleen presented as a mildly anxious, passive woman who had limited goals for herself outside of her family. Her mood was very serious when it came to the welfare of her children, but her affective expression was broad and normal. She appears to be of average intellectual ability. Colleen was able to present her side of the situation in a clear, concise and logical fashion. No problems were noted in any of her cognitive functions. Colleen reported that she drinks alcohol on a rare occasion. She stated that she drinks 6 times per year, at most. She does not smoke cigarettes and she uses no drugs. Colleen has never been fired or suspended from a job and she has never been arrested or charged with a crime. She was in counseling several years ago when she was experiencing marital problems. However, she denied any feelings of anxiety or depression at this time. She has never expressed suicidal ideation. Colleen was raised in Camp Hill, PA. Her father was a dock worker for Roadway Express Company and her mother has worked at Sporting Hill Elementary School since she and her siblings entered school. Colleen has an older sister and younger brother. She has a close relationship with both of her siblings and spends time with them frequently. Colleen reported that her family was close and her parents did a great job of raising her. The family stressed honesty, politeness and the golden rule. Church was an important part of her upbringing that she has continued with her own children. Colleen completed the MMPI-2. Her results are valid and suggest that she has answered in a frank manner to questions regarding her frailties. All of Colleen's scales are within normal limits. Common characteristics of women with this profile are naivete, optimism and a need for attention. They are typically passive and submissive in their relationships. They have a need for attention and affection that may, at times, be difficult to meet. These individuals tend to be clear thinking. However, their tendency to avoid conflict and unpleasant situations may lead to problems. The Washinger home is somewhat older and sits on the outskirts of Halifax. The home has undergone extensive renovations. The house is well maintained and no safety hazards were noted during the home study. Each of the children have their own bedrooms which are appropriately decorated for children their ages. Washinger v. Shaffer Page 8 Interactions between Colleen and the children were relaxed and comfortable for all. Colleen was somewhat quiet during the office observation. She allowed the children to take the lead on the projects. Kayla looked particularly relaxed with her mother and smiled more frequently than during the interaction with her father. During the home visit, Colleen was able to demonstrate the ability to set firm limits on Quentin's behavior. She was also able to soothe and nurture him when he was angry. Steve appeared to have a positive relationship with both children. Kayla, in particular, liked to stay close to where he was. John Shaffer is a 33 year old man who works for Arnold Logistics. He lives with his wife, Valerie, in Enola in the original family residence. John and Valerie met in 1995 and became friends prior to his separation from Colleen. They married on November 14, 1997. Actually, they had a second, larger ceremony and celebration in June, 1998. They have no children from their union because Valerie has no interest in children of her own. John presented as an assertive and straightforward man. He was not anxious during the evaluation, but did not totally support its need, either. He arrived for all appointments on time and was always appropriately dressed and groomed. John had no problem with eye-contact and he was able to present his side of the story in a clear and logical manner. He exhibited no problems with any cognitive functions. John was born in Trenton, New Jersey. His father was in the Air Force so the family moved around before settling in Harrisburg. He has lived in Enola since he was approximately 4 years old. John has an older sister. He reported that his parents divorced when he was 15 years old. After the divorce, he lived with his mother in Enola, but saw his father frequently. John's mother is deceased. His father works for the Pennsylvania Department of Transportation. John reported that growing up in his household was difficult at times due to the arguing of his parents. Nonetheless, he feels that his childhood was fairly normal. After graduating high school he attended Thaddeus Stevens technical school. John indicated that he has never been treated for any psychological problems. He denied feelings of anxiety or depression. He also denied any fears or phobias. John reported that his physical health is good and he uses no drugs. He has never been arrested, or charged with a crime. He was once fired from a job for tardiness. John reported that he drinks alcohol on a regular basis. He admitted that he will have "a couple of beers on weekends that the children are with him. He also may have a beer or two during the week. During weeks that he does not have the children, John will go out on the weekend and "enjoy myself." That means going to the American Legion or the Sportsman Association and having several drinks with friends. John denied ever having problems secondary to his drinking of alcohol. John also smokes cigarettes. He will smoke in the car, but not in the house. He has a sunroom in which he is allowed to smoke. John estimated that he smokes approximately a pack a day. Washinger v. Shaffer Page 9 John completed the MMPI-2 and his results are valid. John's responses indicate defensiveness and a reluctance to admit some problems. However, he has no clinical scales that go beyond the normal range. Men with this profile may be perceived as somewhat suspicious and rigid. They typically have fairly high energy levels and may, at times, be impulsive. These men sees themselves as very masculine. They emphasize aggressiveness, physical strength and action over thought. They are interpersonally sensitive and assertive. These men are usually clear thinking, but relatively concrete in their approach to problems. Change is difficult for them. John's interactions with the children were positive in the office and home setting. In the office, John was more verbally interactive with the children. He was also more directive than Colleen. He tended to spend most of his time with Quentin, who occupied that kind of attention while Kayla stayed on the periphery. However, he reinforced Kayla, when appropriate, for her attempts in the project. John's home is in Enola borough. The house is somewhat older and is one amongst similar homes in that residential area. The house is for sale, but it could use some general maintenance both internally and externally. Interactions inside of the home paralleled that which was seen in the office. Quentin dominated much of the time and conversation while Kayla, again, appeared to remain on the periphery. Quentin tended to be sillier in this particular observation and it was difficult to set limits with him. It was John who was in charge of doing that. Valerie was pleasant and smiled, but allowed John to be in charge. The interactions were positive, comfortable and showed that the family had played in the same way in the past. Recommendations: In interpreting the results of this evaluation, it appears that the shared physical custodial arrangement that these parents have been using for the past 4 years has been quite effective. The children are both developing in age appropriate ways. Kayla has made a good adjustment to school. Neither child is noted to have behavior or emotional problems and both are physically healthy. The children appear to have good relationships with both of their parents and display an attachment to each. Additionally, Steve and Valerie have also developed positive relationships with the children. Unfortunately, these parents live in different school districts. Therefore, a school district must be determined and the children must reside in that district, at least, one-half of the time. It is recommended that the children go to the Halifax School District. To that end, Colleen's home should be considered the primary residence for the children for the purpose of school determination. The nature of the custodial arrangement that is employed needs to depend on John and Valerie's willingness and availability to drive the children to school in Halifax. If John and Valerie Washinger v. Shatter Page 10 demonstrate that they are willing to make the drive on a daily basis, and assuming they can do so, then there appears to be little reason to change the custodial arrangement as it now stands. It has worked successfully, much to the credit of both of these parents. However, if John and Valerie are unable to provide the necessary transportation to and from school on their week of custody, then the arrangement must change such that the children spend the majority of the school week with their mother. It is recommended that John spend alternating weekends with the children from Friday after school until Monday morning, if they can drive to school, or until Sunday evening if they cannot. John should see the children every Wednesday either for just the evening, or overnight, and on the Monday evening following a non- custodial weekend for John. It is recommended that the summer be shared on a week or? week off basis. Furthermore, all holiday and recess time should be shared equally. There are several reasons for the selection of Colleen as the primary residential parent. First of all, Colleen has greater availability for the children during the day than does John. Her part-time work schedule allows for that. Although Valerie may have a similarly flexible schedule, given a choice between being with a step-parent or a biological parent, the biological parent makes the most sense. That is especially true when the children have a strong attachment to the biological parent. The second reason has to do with the fact that the children, and most especially Kayla, appear to be somewhat more comfortable in her mother's presence than in her father's. Kayla appears more animated when around her mother and in her mother's home. She is also openly affectionate with Steve, indicating a good relationship with him. Kayla voiced a greater ability to talk with her mother, and greater trust in her mother's care taking abilities. On the other hand, Kayla enjoys her activities with her father and would clearly miss not being with him frequently. Colleen was the least psychologically defensive of all of the adults in her psychological testing. Although she is passive and has had a tendency to avoid problems, she is also very honest, and open to doing what is right. However, she needs to let go of her anger at Valerie. Valerie has done a good job in providing for the children when they have been in her care. Colleen needs to see that that is what is important at this point in time. Holding a grudge from the past makes relationships for the children all the more difficult. Furthermore, no situation can be boiled dawn to find that there is only one villain. In other words, both adults hold some responsibility for the past. Finally, both John and Colleen need to stop sharing many of their feelings about this situation with the children. Both children had been exposed to their parent's feelings about the custodial arrangement. It is believed that Colleen spoke with them more than John, but both have placed the children in the position to have to choose between parents. That is not healthy for them, and if continued, will create future problems for the children. Wuhinger v. Shaffer Page 11 These parents are very fortunate to have such healthy, well-adjusted children. If they can continue to spend good amounts of time with them reinforcing the children's self-esteem by providing them with love, security and nurturance, the children will continue to be well adjusted regardless of the specific custody schedule. s Date Arnold ?TSM'envold, Ph.D. Page 1 of I ': hallo Dab: M1/2002 4:21:2 PM Eastern Standard Time From: TAZZIII o: mashin er holmall.com Hello Colleen, just wanted to let you know that I have a bill here from Kayla for $121, if it's ok I was gonig to give you o copy of the bill and the difference which is $6. 1 was also woundering it you could please drop off Kaylas coat at Joeys. Please let me know, Thanks, John Wednesday, May 29, 2002 America Online: TAZZIII DEFENDANT'S EXHIBIT (? i4E3 P'6 Page I of 1 bJ: Re: he" bete: 4!2/2002 7:37:17 PM Eastern Strndard Time rem: cwSok"4holmail.com (Colleen Wsshtrper) To: TAZZII aol.com Sorry, I was having a problem with my computer. In response to your email, please get me a copy of the doctors bill. Also, regarding Kayla's coat. Val can stop by our house on her way to school tomorrow (Wednesday) that way Kayla will have it while at school. Did you gel a schedule for Kayle yet as for as when her practices/games am? If so, please small it to me. Thanks. >From: TAZZIIIQad.com >To. ewashingw0hobnall.com >Subod: Re: hello >Date: Tue, 2 Apr 200216:28:35 EST >hallo colleen, not to be stupid, but I have no Idea how to read your mail. >the only thing I got was a advertisement for MSN photos. please let me >know :-how l can read the a-mails by calling a•mailing another way. thanks JOHN Oct your FREE download of MSN Explorer at http://0xpbror.msn.comMtl.asp. Headers Retum-Path: <cw&WrVr4jhotmail.com> Received: from ry-xgW.mx.ad.cem 01y4904.mall.ad.com (172.20.115.2011) by a11r-xg03.mail.aol.com (04.10) with ESMTP Id MAILINXG34.0402193717; Tue, 02 Apr 200219:37:17 -0500 Received: from holmail.com (11145.1sw8.hobnail,com 1216.33.241.1451) by ry-xg04.mx,aol.eom (vS4.10) with ESMTP id MAILRELAYINXG47.0402193721; Tue, 02 Apr 200219:37,21-0500 Received: from mail pickup service by hotmall.eom with Microsoft SMTPSVC; Tue, 2 Apr 200216:37:47.0600 Received: from 199.224.78.200 by Iw8fdJaw9.hotmall.msn.com with HTTP; Wed, 03 Apr 2002 00:37:47 GMT X-Origina0ng-IP: 1199.224.78.2001 From: "Colleen Washinger" <cwashinger®hotmall.com> To: TAZZIIIGad.com Subled: Re: hello Date: Tun, 02 Apr 200219:37:47.0500 Mime-Version: 1.0 Content-Type: textiplain; format¦llowed Message-1D: <F145VyOr80NWaSH4gge00013d7d®hotmail.eom> X-OriglnalArrivelTlme: 03 Apr 2002 00:37:47.0540 (UTC) FILETIME¦1C6F4A540:01 C1 DAA7) Wednesday, May 29, 2002 America Online: TAZZIII Page I of I F Subj: 6o11baN 4161200211:46:20 AM Eastern Standard Time rom: cw"VrV4hotmap.c0m (Colleen wiahlnpsd To: TAZZII sol.com John, please be advkud Mat Kayla & Quentin will not be participating in softbalyt-ball during my custodial week. lq?I Send and naive Hotmall on your mobile device: Click Hers Headers ----- RNum-Path: cc%rashinperQholmail.cww, Realved: *om ry.xltob.mall.aol.com (rly41106.mall.aol,com (172.20.116.2341) by air-001mall.801.00m (v64.10) With ESMTP id MAILINXH32.0406114620; Mon, 06 Apr 200211:46:20 2000 Received: from hot nall.com (f136,1aw6,hotmail.com 1216.33.241.1361) by rly-A05.niaB.sol.com (04.10) with ESMTP Id MAILRELAYINXH67-0406114664; Mon, 06 Apr 200211:46:64 -0600 Received: from mall pickup service by holmall.com with Microsoft SMTPSVC; Mon, 6 Apr 2002 06:45:50-0700 Received: from 64.6.46.161 by Iw6fd.law6,hofmail.msn.com with HTTP; Mon, 06 Apr 2002216:46:40 GMT X?Py (64.9.48.161) lieshincwsMlnWOhotmail.com> Front: CoMaen To: TAJZIIIOaol.oorn Subod: Sd" D WA: Mahon, 06 Apr 200211:46:40 -0400 MlkwVarelon: 1.0 UT fpxgVvVMw%aq?' 06 Apr 200216:46:60.0266 (UTC) FILETIME01763FF3F0:01C1DF14j Wednesday, May 29, 2002 America Online: TAZZ111 Page I of 1 411012002 3:15:18 PM Eaalam Standard Tkne cwsawnpaehob"I com (Cohan IN"hlnpxd r7-144/Alad Exchww com John She John, What about the following schedule Instead: I pick up the kids on Sunday, April 21st and keep them until April 26th. You pick them up on Friday, April 26th at Joey's house and keep until Friday, May 3rd. I pick them up on Friday, May 3rd at Joey's and keep until Sunday, May 12th. You can pick them up In Halifax on Sunday May 12th at 6:00 p.m., since It Is Mother's Day. Please let me know If this will work for you. Thanks, Colleen Get more from the Web. FREE MSN Explorer download : http://explorer.msn.com Headers -- Retum-Path: 4cwaehing"hotmall,com> Received: from ry-zd01.mx.9ol.ccm (ry-sd0l.mail.sol.com 1172.31.33.2251) by air-zd05.mail.eot,com (04.14) wNh ESMTP Id MAJUNZD54.0410151515; Tue,15 Apr 200215:15:18 -0400 Received: from hobnell.com (oe16.law8,hotmMl.com 1215.33.240.1201) by dyzd0l.mx.aol.com (04.10) wIlh ESMTP kl MAILRELAYINZ0I2.0415151505; Tue,16 Apr 200215:15:08.0400 Received: from meN pk*up aervloe by hotmall.com with Microsoft SMTPSVC; Tue. 16 Apr 200212:15:05 -0700 X.000naft4P:164.9.48.1531 From: "Cowen Waah 4cwashinger®hotmall.com To: "John Sheller" 4T IIIQ@ol.com> V2TIM 15:13:56.0400 X.Mdw, MSN Expk nr6A0.0010.1624 _ 10 Apr 200219:15:05.0844 C1E559.53F41640' FILETIME¦ 10444CB40;01 C t E57B1 Wednesday, May 29, 2002 America Online: TAZZIII Pale I of 1 WN: Re: Exchange Dale: 411612002 6:13:19 PM Eastem Standard Time From: TAZZIII To: cwashinperGhotmail com colleen, That really will not work for me because as I told you on sun. that my aunt is having a surprise 50th b-day party on sat. the 20th, that is why I ask for this weekend. How about this schedule..... you pick up at Joeys on W. 19th, I will pick up at Joeys on the following fri. on the 26th... you pick up at Joeys on fri. the 3rd, and I will wait to pick up the kids on sun. the 12th at 6pm since it is mothers day. That will give you a extra weekend and extra time with the kids. I hope this does work out but If not please let me know as soon as possible. Thanks John ps. I don't know if you know this but Quentin had his first O.T. eval today and they will complete next week. The phone # is 732-8400 x 8345 I! Wednesday, May 29, 2002 America Online: TAZZ111 Page 1 of 2 F?ri Re: laeharge 4/16(2002 0:32:54 PM Easton Standard Time cwaahlrrper?hobnaNcom (CoNsen Washkvr) TAZZII sol.com Sorry about that. This schedule below will work out fine. And I did not know that Quentin was pomp to be evaluated today. Thanks for letting me know. Colleen ;-colleen, > That rally will rot work for me because as I told you on shat my aunt is having a surprise 50th b-day party on sat. the 20th, that >le >why t ask for this weekend. > How about this schedule ..... o p ? u?toJoeys on hi.19th,1 will pick up at Josys on the following > 31 >you pick up at Joeys on M. the 3rd, and 1 will wait to pink up the kids >an >sun. the 12th at 6pm sincellis mothers day. That will give you a extra >weekend and extra time with the kids. > I hope this does work out but If not please let me know as >soorh >as possible. Thanks John =. dnt know If you know this but Quentin had his first O.T. oval >uhd they will complete next week. The phone N Is 732-8400 x 8345 your - - ---- Headers Retum-Path: <cwsshinrqpeerQhobrhail.com> Received; nom dy-xe06.mx.aol,corn (dy-xc05.msll.4d.com (172.20.105.1361) by air•xc03.mall.ool.com (v84.10) with ESMTP Id MAILINXC32.0416213254; Tue, 16 Apr 2002 21:32:54 -0500 Reoeled; from hobnati.com (f57.1sw5.hotmall.eom 1216.33.241.571) by ryxc05.mx.ed.com (v84.10) with ESMTP Id MAILRELAYINXC57.0418213231; Tus,16 Apr 2002 21:32:31 -0400 Received: horn mall pickup service by hotmall.com with Microsoft SMTPSVC; Tue. 16 Aix 2002 18:32:30 -0700 Received: from 209.74.11.51 by hv8f l.law8,hotmall.msn.com with HTTP; Wednesday, May 29, 2002 America Online: TAZZIII WAY o 12001 COLLEEN R. WASHINOER, Plaintiff BY THE COURT, vs. JOHN SHAFFER, III, Defendant Oler, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7025 : CIVIL ACTION - LAW : CUSTODY AND NOW, this 2.)l day of M z-:1 , 2001, upon consideration of the attached Custody Conciliation Summary Report, N is hereby ordered and directed as follows: 1. The prior Order of this Court dated September 29, 1999, shall remain in effect with the modifications that follow in the subsequent paragraphs. 2. The parties shall submit themselves and their minor Children to an evaluation which shall be an independent custody evaluation. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties and their Children. The parties shall also make available additional persons which the evaluator deems important and necessary to be included in a thorough evaluation. The full cost of the evaluation shall be born by the Mother. 3. On request of the parties this matter shall not be scheduled for a custody hearing at this time. However, upon the completion of the custody evaluation, the parties may request an additional Conference with the Custody Conciliator to provide them with an opportunity to resolve this matter prior to having it heard by the Court again. J Wesley Oler, r , J. Dist: Marilyn C, 21111, Esquire, 200 N. Third Street, Suite 800, Harrisburg, PA 17101 Gregory J, Katshir, Esquire, 900 Market Street, Lemoyne, PA 17043 /0e0540)3'ot g COLLEEN R. WASHINGER, Plaintiff VS. JOHN SHAFFER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-7025 : CIVIL ACTION - LAW : CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, 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: Kayla Marie Shaffer September 2, 1994 Mother and Father Quentin Michael Shaffer December 23, 1995 Mother and Father 2. A Custody Conciliation Conference was held on April 9, 2001, with the following Individuals In attendance: the Mother, Colleen R. Washinger, and her counsel, Marilyn C. Zilli, Esquire; the Father, John Shaffer, III, and his counsel, Gregory J. Katshir, Esquire. 3. The parties were seen upon Mother's petition to establish herself as primary custodial parent which petition was filed on or about March 15, 2001. On or about April 6, 2001, Father filed a cross petition also seeking primary physical custody of the Children. The most recent Order of Court dated August 16, 99, denies Father's Petition for Modification of Custody and leaves In place the Order dated Veber 27, 1997. The previous Judge signed to the case was J. Wesley Oler, Jr. 4. The parties were not able to reach an agreement as to whether either of them should be the primary custodial parent. However, they did agree to participate In a custody evaluation to address this Issue. Following the evaluation, the parents also agreed to return to the Custody Conciliation Conference to provide them with an opportunity to make a custodial plan prior to proceeding to a hearing before the Court. 5. Mother's position on custody Is as follows: Mother believes she should be the primary custodial parent because she Is presently not working outside of her home and plans to be a stay-at-home mom. Therefore, she believes her increased availability to the Children would make it in their best Interest to be in her primary physical custody. Additionally, she expressed concerns regarding the Father's use of alcohol and cigarette smoking around, in 0.1 c.. '!Cdq 01 11AY -3 1.11 1; 28 CUN!b:=hL)A;o I-oulmY PGNNSYLVANA No. 95-7025 particular, her son, and is concerned that the Children have been given access to alcoholic beverages while in the custody and control of the Father. Mother offered an arrangement whereby she would maintain primary physical custody during the school year, allow Father all but two weeks of the summer vacation, alternate weekends, spring break from school and other times upon which they may agree. Mother believes that Father should have to pay for one-half of the custody evaluation. 6. Father's position on custody Is as follows: Father states he believes they are both good parents but would like the Children to be in his primary physical custody. The older of the two Children is presently attending East Pennsboro School District and he reports that she is doing well there. Therefore, he does not see any need to change the custodial arrangement. Father also states that if it were necessary, he would quit drinking and smoking cigarettes to obtain custody of his Children. It is the position of Father's counsel that no custody evaluation is necessary and, therefore, he is unwilling to contribute to the cost of the evaluation. 6 Date Melissa Peel Greevy, Esquire Custody Conciliator COLLEEN R. WASHINOER IN TI It" COURT OF COMMON PLEAS 01: PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN SHAFFER,111 95-7025 CIVIL ACTION LAW DEFENDANT IN CUS'T'ODY AND NOW, Monday March 12, 2001 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Mellon P. Oreevy, Esq. , the conciliator, at ri? Senate Avenue Suite 105 Camp Ail), PA 17011 on Monday. April 09.2001 at 1:00 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 he 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; !s/ Melissa n Greg , Fs4 Custody Conciliator The Court of Common Fleas 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 A'FI'ORNI;Y AT ONCE. IF YOU no NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, 00'1'0 OR TELEPHONE THE. OFFICE SET FORTH BELOW TO FIND OUT WHrRE YOU CAN GE'T' LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 'telephone (717) 249-3166 ?r'!ly 01 NP.R 1 5 rfi I: L ? CUN!d.kttL ;C1 county PEnnSYLVI%A 3 3.,5 .o, . h mu v U ZUU ?J COLLEEN R. WASHINGER (formerly COLLEEN R. SHAFFER), PlaintiffiPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Vs. JOHN SHAFFER,111, Defendant/Respondent NO. 95-7025 CIVIL TERM IN CUSTODY AND NOW, , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at _ Pennsylvania, on the day of , at o'clock _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 dente and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT, By Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE; (717) 249-3166 0ry) COLLEEN R. WASHINGER (fomredy COLLEEN R. SHAFFER), PlaintiWetidoner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. V. NO. 95-7025 CIVIL TERM JOHN SHAFFER, III, CIVIL ACTION - LAW Defendent/Reapondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes PlaintifdPetitioner (hereinafter "Mother") Colleen R. Washinger, by her attomey, Marilyn C. Zilli, Esquire, who files this Petition for Modification of Custody Order and who, in support thereof, avers as follows: 1. Mother is the natural mother of two minor children, Kayla Marie, DOB 9/2/94 and Quentin Michael, DOB 12/23/95. 2. Mother resides with her husband at 1768 Enders Road, Halifax, PA. 3. Defendant/Respondent(hereinafter"Father) is the natural father ofthe minor children. 4. Father resides with wife at 39 Altoona Avenue, Enola, PA. 5. On September 29, 1997, on the basis of an agreement reached between the parties, this Honorable Court entered a Custody Order in the above-noted case. (See attached, Exhibit 1.) 6. The Order provides for shared physical custody of the minor children, on a week-on, week-off basis. 7. At the time the Order was entered, the children were three years (Kayla) and 19 months old (Quentin). Neither child was in school. 8. At the time the Order was entered, Mother was living in Halifax and was employed in Harrisburg, wonting from 9 A.M. to 4 P.M. 9. At the time the Order was entered, Father was living in Enola and was employed at Fry Communications working an erratic and sometimes unpredictable schedule which made establishing a reliable custodial arrangement difficult. 10. The September 29, 1997 agreement/Order was madelentered in response to aq of these circumstances. 11, Mother is currently unemployed. She is collecting unemployment compensation. When these payments end, in May, 2001, she intends to become self-employed and to work out of her home. 12. Father is currently employed at Excel Logistics. Mother believes he is working an 11:00 P.M. to 7:00 A.M. shift and that he sleeps when he gets home. 13. The minor child Kayla is now six (6) years old. Father enrolled her in the afternoon kindergarten session at the East Pennsboro Elementary School. 14. The minor child Quentin is five (S) years old. He is not yet in school. 15. The result of the current custodial arrangement is that both children spend a whole week without seeing the other parent. 16. During the week the children are in her custody, Mother must leave Halifax with both children right at lunch time to get Kayla to school by 12:30 P.M. and then, in order to avoid multiple trips back and forth between Halifax and Enola, must find some way to fill the time until 3:10 P.M. when she picks up Kayla and returns home. This often results in Quentin having to spend an excessive amount of time in the car. 17. During the weeks they are in Father's custody, both children arrive at Father's wife's day care center by 8:00 A.M. or before. Quentin spends the entire day at the center. Kayla is there both before and after school. Mother believes the children do not leave the day care center until at least 6:00 P.M. and that they do not see Father until that time. In addition, Father is often gone in the afternoons and evenings because of his coaching activities. 18. The shared custodial arrangement is not in the best interest ofthe children. A primary physical custodian must be named. 19. The children will both be in school as of August, 2001. It will be essential at that time that they have a primary residence from which to coordinate all school, social and religious activities. It will also be unreasonable at that time to require either parent to drive between Halifax and Enola multiple times a day to accommodate all of this activity. 20. Mother should be given primary physical custody of the children, because: A. Mother will be able to be home with the children during the day. Accordingly they will be spending time with their natural parent and will not have to be placed in day care. Father will not necessarily be deprived of time with the children as he does not we them during the day under the current arrangement, even during his weeks of custody. b. Mother reports that Kayla has expressed a desire to live with her full time. C. Father and stepmother both smoke. The smoke can adversely affectQuentin's hmga which are weak because of his premature birth. d. Father and stepmother have taken the children on many occasions to the American Legion, which is essentially a saloon. Kayla has reported to Mother that she has tasted beer. e. Despite several promises to do so, Father does not take the children to church. f. Mother will have the time to be involved in all of the children's school, social and religious activities. 21. The best interests and the permanent welfare of the minor children would be served by granting primary physical custody to Mother and periods of temporary physical custody to Father. Mother is better able to provide for the permanent needs of the minor children. WHEMORE, Mother petitions this Honorable Court to modify the existing CustodY Order and to grant ber primary physical custody of the minor children. iy- Respectfully submitted, vmlyn Zilli, iro Fetterhoffand Zilli 200 North Third Street, Suite 800 Harrisiwr8, PA 17101 (717) 232-7722 I verily that the statements nude in the foregoing document are true and correct to the bed of my knowledge, understanding, and belief, I understand that false statements herein am made subject to the penalties of IS Pa. C.S. §4904 relating to unworn falsification to authorities. Date: a. - o l Colleen 'as unger COLLEEN R. SHAFFER, Plaintiff vs. JOHN SHAFFER. III0 Defendant ? IN THE COURT OF COMMON PLEAS ? OF CUMBERLAND COUNTY, ? PENNSYLVANIA 1 ? NO. 95-7025 CIVIL TERM 1 ? CIVIL ACTION - LAW ? IN DIVORCE ORDER AND NOW, this 2f 4?6 day of -A• v , 1997, upon receipt of the Conciliator's Report, It appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, It Is hereby ordered and directed as follows: 1. All prior Orders entered in this case are vacated. 2. The parties shall share legal custody of their minor children, Kayle Marie, d.o.b. September 2, 1994, and Quentin Michael, d.o.b. December 23, 1995. 3. The parties shall share physical custody of the minor children on a week-on, week-off basis. The transfer day shall be on Sunday. The transfer shall occur In accordance with the Mother's church schedule such that on the weeks that Mother has the children in her custodial care, she will keep the children until after church at which time she will deliver them to Father. On the weeks in which the children are In their father's care, Mother shell be entitled to pick up 1 the children prior to church to begin her custodial period. In the event that Mother does not attend church on Sunday, the party who Is to begin their custodial period shall pick up the children at the other party's residence by 12:30. 4. The parties shall alternate the Thanksgiving holiday. The Thanksgiving holiday shell Include a period that commences at 7:00 p.m. on the day before Thanksgiving until 12:00 noon on the day after Thanksgiving. Father shall have the Thanksgiving holiday In 1997 and all odd-numbered years thereafter, and Mother shall have the Thanksgiving holiday In 1998 and all even-numbered years thereafter. 5. The Christmas holiday shall be broken Into two segments. Segment A shall commence on December 23rd after work and continue until Christmas Eve at 9:30 p.m. Segment B shall commence on Christmas Eve at 9:30 p.m. and continue until December 28th at 9:00 a.m. Mother shall have Segment A in 1997 and all odd-numbered years thereafter and Segment B In 1998 and all even-numbered years thereafter. Father shall have Segment A In 1998 end all even-numbered years thereafter and Segment B In 1997 and all odd-numbered veers thereafter. 6. Mother shall have the children on Mother's Day and Father shall have the children on Father's Day. These perlods of partial custody and visitation shall be at times to be agreed upon by the parties, it being the Intention of this provision that they shall try to spend as much of the day as possible with Mother or Father. 7. Such other times as the parties may ogres. BY THE COURT, e .1 . a /1tF? qv . - J. W SLEY OL , JR., Karl R. Hildebrand, Esquire Gregory J. Katshir, Esquire mib TRUE COPY FROM RECORD In Trsfinnny wheroof, I h'•r^ unto set my heed and the sod of sold court of Carlisle, Pe. This day of... 19..92 Prolhonohry CERTIFICATE OF SERVICE A true and correct copy ofthe foregoing document was delivered to the person or office listed below by first elan mail on the due indicated, as follows: John Shaffer, III 39 Altoona Avenue Enola, PA 17025 John Shaffer, III c% Gregory J. Kstshir, Esquire 900 Market Street Lemoyne, PA 17043 Date: 3 C? Marilyn C. Zii ' squire 200 North Third Street Suite 800 Harrisburg, PA 17101 (717) 232-7722 COLLEEN R. SHAFFER, Plaintiff/Petitioner VS. JOHN SHAFFER, III Defendant/Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 95-7025 Civil Term ANSWER TO PETITION FOR MODIFICATION OF CUSTODY AND NOW comes your Defendant /Respondent, John Shaffer, III (Father) by and through his attorney, Gregory J. Katshir, Esquire, with the following Answer to Petition for Modification of custody as follows: ANSWER 1. Paragraphs one through four (1-4) are admitted. 2. Paragraphs five through eight (5-8) are admitted. However, by way of further answer, on march 19, 1999, Father filed a Petition for Modification requesting primary physical custody of the minor children. After a hearing on August 13, 1999, Judge Oler of this Honorable Court denied Father's petition and ordered that the shared custody arrangement remains in full force and effect. A copy of the August 16, 1999 Order of Court is attached hereto and identified as "Exhibit 1". 3. Paragraphs nine and ten (9 - 10) are denied and strict proof thereof is demanded at the time of trial. By way of further answer, at the time of the 1991 Agreement was entered into, Father's work hours were very specific. The Agreement was entered into in order to provide maximum time with both parents. 4. Paragraph eleven (11) is denied. Father is without knowledge of the truth of the averments made in Paragraph 11 and strict proof thereof is demanded at the time of trial. 5. Paragraph twelve (12) is denied. By way of further answer, Father is employed at Arnold Logistics. Father works from 6:30 a.m. until 3:00 p.m. 6. Paragraphs thirteen through fifteen (13-15) are admitted. By way of further answer, both Kayla and Quentin are thriving under the current custody order. Kayla is doing well in Kindergarten in the East Pennsboro School District. She has made and maintained friendships. Quentin attends the Best Friends Day care pre-school program. The children's stepmother directs the program. Quentin is thriving and attends the pre-school with several other children who will matriculate to kindergarten with him next year at East Pennsboro. 7. Paragraph sixteen (16) is denied. Father is without knowledge of the truth of the averments in Paragraph 16 and strict proof thereof is demanded at the time of trial. B. Paragraph seventeen (17) is admitted in part and denied in part. Father often picks-up the children directly after his workday. Father does coach track and field in the East Pennsboro School District. Practice is over at 5:00 p.m. The track and field season is over by the end of May. After this season, Father is no longer going to coach for the school district, but is however, going to spend his time coaching or volunteering his time in activities within which Kayla and Quentin are involved. Kayla has expressed an interest to play softball and join Brownies. 9. Paragraph eighteen (18) is admitted. However, by way of further answer, it is averred that it would be in the best interest of the children that Father is named as primary physical custodian. It would be appropriate for the children to continue to attend the East Pennsboro School District. Mother suggests that the children move to Halifax and enroll in the Halifax School District. The children are currently thriving and to remove them from the East Pennsboro school district would be disruptive and not in their best interests. 10. Paragraph nineteen (19) is admitted. By way of further answer, at a point during the marriage, Mother and Father agreed that it was their joint desire for their children to attend school at either East Pennsboro or Cumberland Valley schools. Kayla has expressed a desire to participate in social activities through the East Pennsboro School District and in the Enola area. It would be appropriate that the children's primary residence be in Enola with Father. 11. Paragraph twenty (20) is denied. By way of further answer, primary physical custody of the children should be given to Father. Additionally, Father specifically denies the subparagraphs to Paragraph 20 as follows: a. Father is without: knowledge as to the truth of the averments out forth in subparagraph (a) and therefore strict proof thereof is demanded at the time of trial. Additionally, under the current order, Father does spend significant time with his children during the week. b. Father has no knowledge as to whether Kayla has expressed a deof.re to reside with Mother full time and therefore strict proof thereof is demanded at the time of trial. Additionally, Father indicates that Kayla has expressed a contrary desire to him regarding residence. She has expressed a desire to continue to attend school at East Pennsboro. c. Subparagraph 0 is admitted in part and denied in part. It is admitted that Father and stepmother both smoke. However it is denied that Quentin has weak lungs. Quentin's latest physical indicated that his lungs are strong and functioning properly. Father and stepmother do not smoke in the residence, d. Subparagraph (d) is denied. Father and stepmother have not taken the children to the American Legion. Additionally, any inference that Father has offered or provided beer to Kayla is specifically denied and is scandalous. e. Subparagraph (e) is denied. Father has not promised to take the children to church. In fact, the current order provides that Mother is to pick- up the children early on Sundays in order for her to take the children to church. Recently, Mother has not exercised that option. f. Father works and lives near the children's school. His work hours allow for him to be with the children during no-school hours. Father anxiously looks forward to coaching and volunteering in the children's activities. 12. Paragraph twenty-one (21) is denied. By way of further answer it would be in the best interest of the children to grant primary physical custody to Father and periods of partial custody to Mother. Father is better able to provide for the needs of the children. WIIERI::FORE, Father requests this Honorable Court to deny Mother's Petition and award primary physical custody of the minor children to Father. Respectfully submitted, Gregor J. Katshir, Esquire Attorn y for Father PA ID#61967 900 Market Street Lemoyne PA 17093 (717) 763-8133 COLLEEN R. WASHINGER, (formerly COLLEEN R. SHAFFER), Plaintiff V. JOHN SHAFFER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-7025 CIVIL TERM AND NOW, this (6?day of August, 1999, upon consideration of Defendant's Petition for Modification of Custody, and following a hearing, the petition is denied and the order of court dated September 29, 19997, shall remain in full force and effect. BY THE COURT, to r., J. esley Oler, Jr Kathleen Carey Daley, Esq. 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Plaintiff Gregory J. Katshir, Esq. 900 Market Street Lemoyne, PA 17043 Attorney for Defendant :rc ir01eir I verify that the facts set forth in the foregoing Answer to Petition for Modification are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: D3" 7-8 05 r Vohn Sha .11 COLLEEN R WASHINOER, (formerly COLLEEN R. SHAFFER), Plaintiff V. JOHN SHAFFER, lli, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-7025 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY Please withdraw my appearance on behalf of the above-named Plaintiff. Date. 'rzcl 01 Marilyn c. Zilli, Esqul please enter my appearance on behalf of the ve- Plai LL) Date: Matthew . Eshei Esquire Dwa.'L COLLEEN R. WASHINGER r IN THE COURT OF COMMON PLCAS OF PLAINTIFF r CUMHI;RL.AND000N'rY,PENNSYLVANIA V. = 95-7025 CIVIL. ACTION LAW JOHN SHAFFER, IL DEFENDANT IN CUS'T'ODY AND NOW, Friday, February 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, March 18, 2002 at 11:00 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/ Melissa P. Greetn, F.sq. VA_ 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. A 11 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 A'1'rORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELL-PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GIs I' I.E'GAL III-.LP. Cumberland County Bur Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 'T'elephone (717) 249.3166 p?FE1II hlI1:I:(a FcI'.??riLVr' ?'? r ;10 44 C2 •ii Cb2 wpo ; «ar? z 40 7 2002 COLLEEN R. WASFIINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA vs : NO.: 95-7025 JOHN SHAFFER,11, : CIVIL ACTION -LAW Defendant ; CUSTODY AND NOW, this day of 2002, upon consideration of the attached Praecipe to Re-List, it is hereby directed that the above parties and their respective counsel appear before Md6aa P Go=W Esquire_ the conciliator, at')14 Gn,fw Aum lw „ifw 1054 211 A 17011 on at 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 the entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR SET FORTH BELOW TO FIND CANNOT OUT WHERE YOU C TO OR TELEPHONE THE OFFICE AN ET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR 1-800-990-9108 Distribution: -Matthew J. Eshelman, Esquire, for Plaintitly 2108 Market Street, Camp Hill, PA 17011 -Gregory J. Katshir, Esquire, for Defendant, 900 Market Street, Lemoyne, PA 17043 COLLEEN R. WASHINGER, Plaintiff Vs. JOHN SHAFFER, II, Defendant TO THE PROTHONOTARY: On May 2, 2001, Judge J. Wesley Oler, Jr., issued an Order permitting either patty to request an additional conference to provide than an opportunity to resolve this matter prior to having it heard by the Court. See attached Order, Paragraph 03. 2. Kindly list the matter for another conference pursuant to the attached proposed order. Date: 1- 5 o Z Distribution: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 95-7025 CIVIL ACTION -LAW CUSTODY MattheW. E rmA Esquire 2108 Market Skeek Aztec Building Camp ITill, Pennsylvania 17011-4706 IDH 46430 Tel. (717) 763-1800 -Matthew J. Eshelman, Esquire, for Plaintiff, 2108 Market Street, Camp Hill, PA 17011 -Gregory J. Katshir, Esquire, for Defendant, 900 Market Street, Lemoyne, PA 17043 ., MAY o 1201)1 COLLEEN R. WASHINGER, Plaintiff vs. JOHN SHAFFER, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-7025 : CIVIL ACTION - LAW : CUSTODY Oler, J. AND NOW, this zed day of 2001, upon consideration of the attached Custody Conciliation Summary Report, is hereby ordered and directed as follows: 1. The prior Order of this Court dated September 29, 1999, shall remain in effect with the modifications that follow in the subsequent paragraphs. 2. The parties shall submit themselves and their minor Children to an evaluation which shall be an independent custody evaluation. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties and their Children. The parties shall also make available additional persons which the evaluator deems Important and necessary to be Included in a thorough evaluation. Tile full cost of the evaluation shall be born by the Mother. 3. On request of the parties this matter shall not be scheduled for a custody hearing at this time. However, upon the completion of the custody evaluation, the parties may request an additional Conference with the Custody Conciliator to provide them with an opportunity to resolve this matter prior to having it heard by the Court again. Dist: Marilyn C. ZIIII, Esquire, 200 N. Third Street, Suite 800, Harrisburg, PA 17101 Gregory I Kalahir, Esquire, 000 Market Street, Lemoyne, PA 17043 ./TRUE (=C fn TrnlOuny wll: and U{e wal of Fate.; Ir. ?' G n 1 hat) uim1 N." r ,7 I1nnd rdt at camlisln, I'e. COLLEEN R. WASHINOER, Plaintiff vs. JOHN SHAFFER, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-7025 : CIVIL ACTION - LAW : CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, 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: NAME DATE OF BIRTH CURRENTLY IN CUSTODY O.F_ Kayla Marie Shaffer September 2, 1994 Mother and Father Quentin Michael Shaffer December 23, 1995 Mother and Father 2. A Custody Conciliation Conference was held on April 9, 2001, with the following Individuals In attendance: the Mother, Colleen R. Washinger, and her counsel, Marilyn C. Zilli, Esquire; the Father, John Shaffer, III, and his counsel, Gregory J. Katshir, Esquire. 3. The parties were seen upon Mother's petition to establish herself as primary custodial parent which petition was filed on or about March 15, 2001. On or about April 6, 2001, Father filed a cross petition also seeking primary physical custody of the Children. The most recent Order of Court dated August 16, 1999, denies Father's Petition for Modification of Custody and leaves in place the Order dated September 27, 1997. The previous Judge signed to the case was J. Wesley Oler, Jr. 4. The parties were not able to reach an agreement as to whether either of them should be the primary custodial parent. However, they did agree to participate in a custody evaluation to address this Issue. Following the evaluation, the parents also agreed to return to the Custody Conciliation Conference to provide them with an opportunity to make a custodial plan prior to proceeding to a hearing before the Court. 5. Mother's position on custody is as follows: Mother believes she should be the primary custodial parent because she is presently not working outside of her home and plans to be a stay-at-home mom. Therefore, she believes her increased availability to the Children would make it in their best Interest to be in her primary physical custody. Additionally, she expressed concerns regarding the Father's use of alcohol and cigarette smoking around, in No. 95-7025 particular, her son, and is concerned that the Children have been given access to alcoholic beverages while in the custody and control of the Father. Mother offered an arrangement whereby she would maintain primary physical custody during the school year, allow Father all but two weeks of the summer vacation, alternate weekends, spring break from school and other times upon which they may agree, Mother believes that Father should have to pay for one-half of the custody evaluation. 6. Father's position on custody Is as follows: Father states he believes they are both good parents but would like the Children to be in his primary physical custody. The older of the two Children is presently attending East Pennsboro School District and he reports that she is doing well there. Therefore, he does not see any need to change the custodial arrangement. Father also states that If it were necessary, he would quit drinking and smoking cigarettes to obtain custody of his Children. It Is the position of Father's counsel that no custody evaluation Is necessary and, therefore, he is unwilling to contribute to the cost of the evaluation. ?Ia716 z Date Melissa Peel Greevy, Esquire Custody Conciliator APR 0 H 200? COLLEEN R. WASHINGER, Plaintiff V. JOHN SHAFFER, III, Defendant OILER, J. --- 4-1- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7025 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 9 day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of May 2, 2001 shall remain in full force and effect pending an agreement of the parties or further Order of Court. 2. Each parent shall be entitled to reasonable telephone contact when the children are in the custody of the other parent. 3. Prior to scheduling the children to participate in any non-school activity during a time which would Involve the other parent's custodial time, the parents shall consult with each other. No plans shall be made for the children to participate in extracurricular activities on the other parent's custodial time without the express agreement of that parent. Additionally, until such time as the parents have agreed on an extracurricular activities, the parent shall nut discuss these adult decisions with the minor children. 4. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the /V-GL day of • .. 200.9 -,at j r-5y o'clock J,.M., at which time testimd y will be taken. For the purposes of the hearing, the Mother, Colleen R. Washinger, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten (10) days prior to the hearing date. Dist: Matthew J. Eshelman, Esquire, 2108 Market Street, Camp Hill, PA 17011 Gregory , Katshlr, Esquire, 900 Market Strout, Lemayno, PA 17043w 3 cr td-, r• i .( .n l?n .. ? ILI .ice ? C?l l . i APR 0 8 2002 D COLLEEN R. WASHINGER, V. Plaintiff JOHN SHAFFER,111, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7025 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendant OLER, J. --- I_ ORDER OF COURT AND NOW, this '3 day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of May 2, 2001 shall remain in full force and effect pending an agreement of the parties or further Order of Court. 2. Each parent shall be entitled to reasonable telephone contact when the children are in the custody of the other parent. 3. Prior to scheduling the children to participate in any non-school activity during a time which would involve the other parent's custodial time, the parents shall consult with each other. No plans shall be made for the children to participate In extracurricular activities on the other parent's custodial time without the express agreement of that parent. Additionally, until such time as the parents have agreed on an extracurricular activities, the parent shall not discuss these adult decisions with the minor children. 4. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the IV,6t day of 200,9 , at 1;30 o'clock _L.M., at which time testiml) y will be taken. For the purposes of the hearing, the Mother, Colleen R. Washinger, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten (10) days prior to the hearing date. BY THE COURT: Dist: Matthew J. Eshelman, Esquire, 2100 Markel Street, Camp Hill, PA 17011 y/, ?/ • J ?. Gregory J. Katshir, Esquire, 000 Markel Street, Lemoyne, PA 17043 1.w M,.a. lc? Pi rp n r ri_ •., I.`}?, CY'i. ; T,MY 02 APR I I AM 10: 95 CUMBE-hLA'O COUNTY PENNSIVI -A COLLEEN R. WASHINGER, V. JOHN SHAFFER, III, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7025 CIVIL TERM CIVIL ACTION - LAW Plaintiff IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, 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: NAME DATE OF BIRTH Kayla Marie Shaffer September 2, 1994 Quentin Michael Shaffer December 23, 1995 CURRENTLY IN THE CUSTODY OF Mother and Father Mother and Father 2. The parties were seen on request of Mother filed on February 6, 2002 seeking an additional Custody Conciliation Conference prior to a hearing before the Court as provided for in this Court's Order of May 2, 2001. The Conciliation Conference was convened on March 27, 2002 with the following Individuals in attendance: the Mother, Colleen R. Washinger, and her counsel, Matthew Eshelman, Esquire; and the Father, John Shaffer, III, and his counsel, Gregory Katshir, Esquire. 3. The parties reached an agreement with regard to telephone contact and plans for extracurricular activities which are incorporated in the Order as attached. However, the ultimate Issue of whether or not to modify the children's custodial schedule from a shared week-on week-off schedule to primary physical custody in Mother with partial physical custody rights of Father is set for hearing before the Court. 4. Mother's Position: Mother seeks to have resolved her desire to modify the present shared custody arrangement to provide for primary physical custody In her and partial physical custody in Father. She has provided a written proposal to Father's counsel in this regard. Her proposal was based on a suggestion from Dr. Shienvold in the event that the shared physical custody plan became unworkable. Mother's present opinion is that the shared custody arrangement is not working well for the children because of the commute time involved between Father's home in East PennsborolSummerdale in Cumberland County to her home in Halifax, Dauphin County, Pennsylvania. At present, the children are having approximately one-half hour car ride each day to and from school during Father's custodial week. Mother also expresses concerns about the sharing of parental responsibilities with regard to decision making for the children's outside of school time and some apparently lesser difficulties with telephone contact during Father's periods of custody. Mother works In Wormleysburg from 9:15 a.m. to 4:30 p.m. One of Mother's present concerns with regard to the after school activities is that with the children participating in sports In the evening in East Pennsboro Township, she will not arrive home until somewhere around 7:00 p.m., after which she will need to prepare dinner, the children will need to bathe and do homework before their 8:30 bedtime. 5. Father's Position: Father's position Is that the present week-on week-off custodial arrangement should continue. He presently works from 6:30 a.m, to 3:00 p.m. The children's stepmother is presently providing transportation to and from school due to her present status of unemployment. Father contends the children are doing very well in school as measured by their report cards. The children are presently signed up to participate In softball and baseball In East Pennsboro Township. 6. The Conciliator makes no recommendation with regard an Interim change In the present custodial schedule pending hearing. The custody evaluation has been completed. With the filing of Memoranda by counsel, the matter is prepared for hearing. Date Me ssa Peel Greevy, Esquire Custody Conciliator :155408 COLLEEN R. WASHINGER, IN THE COURT OF COMMON PLEAS (formerly COLLEEN R. SHAFFER): CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 95-7025 CIVIL JOHN SHAFFER, III, CIVIL ACTION - LAW Defendant IN CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of August, 1999, upon consideration of defendant's petition for modification of custody and following a hearing, the record is declared closed and the matter is taken under advisement. By the Court, Kathleen Carey Daley, Esquire Counsel for Plaintiff 5- Gregory J. Katshir, Esquire Counsel for Defendant :af FI?FD-:f?1CE 99 Mr. 25 Ali 9: n2 CUMaEGU?,J COUNTY PENNSYLVANIA COLLEEN R. WASHINGER, IN THE COURT OF COMMON PLEAS OF (formerly COLLEEN R. CUMBERLAND COUNTY, PENNSYLVANIA SHAFFER), Plaintiff V. CIVIL ACTION - LAW JOHN SHAFFER, Ill, Defendant NO. 95-7025 CIVIL TERM ORDER OF COURT AND NOW, this l 6 day of August, 1999, upon consideration of Defendant's Petition for Modification of Custody, and following a hearing, the petition is denied and the order of court dated September 29, 19907, shall remain in full force and effect. BY THE COURT, 4 CA L c„ • J. esley Oler, Jr Kathleen Carey Daley, Esq. 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Plaintiff Gregory J. Katshir, Esq. 900 Market Street Lemoyne, PA 17043 Attorney for Defendant Ce?.? n,`a Gd, k//4Ig4. sS • 1', :rc CILEO-0--f-ICE OF TpE f!.: THONOTPAY 99 AUG 16 PH 2° 08 CUMWWPNIA Cl 1 0 a COLLEEN R. WASHINGER, (formerly COLLEEN R. SHAFFER) Plaintiff/Respondent VS. JOHN SHAFFER, Ill, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7025 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this 1? day of lM a-, , 1999, upon receipt of the Conciliator's Report, it appearing that a hearing is necessary, it is hereby ordered and directed as follows: 1. A hearing is scheduled for the 3IJOM' day of , 1999, at /:,19 o'clock 4.M., in Court Room Number _/ of the Cumberland County Court House, Carlisle, Pennsylvania. Both parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony. Additionally, both parties will submit their proposal for a resolution of the matter. 2. Pending said hearing, the Order of September 29, 1997, shall remain in full force and effect. BY 1IHE OURT / Z,-) I J. ESLEY OL R, ., J. -, Mrs. Colleen R. Shaffer, pro se Gregory J. Katshir, Esquire COPI CS Ml tvcc 047 mlb i "1J tl ll;,',' rl ,;.I LG COLLEEN R. WASHINGER, (formerly COLLEEN R. SHAFFER) Plaintiff/Respondent VS. JOHN SHAFFER, III, Defendant/Petitioner JUDGE PREVIOUSLY ASSIGNED: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7025 CIVIL TERM CIVIL ACTION - LAW The Honorable J. Wesley Oler, Jr. 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 concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLYIN CUSTODY OF Kayla Marie Shaffer September 2, 1994 Quentin Michael Shaffer December 23, 1995 2. A Conciliation Conference was held on April 29, 1999, and the following individuals were present: the Plaintiff appeared pro se; the Defendant appeared with his counsel, Gregory J. Katshir, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Petitioner's position on custody is as follows: Father indicated that their oldest child, Kayla, who turns 5 in September, is ready to go to kindergarten. He believes that the child should attend kindergarten at East Pcnnsboro School District. He believes that the current week- on, week-off schedule will not be in the best interest of the child when the child is attending school and therefore believes that a modification of the schedule should exist whereby that the children reside with him primarily during the school year so that they can attend East Pennsboro School District. 6. The Respondent's position on custody is as follows: Mother believes the oldest child, Kayla, who turns 5 in September, is not ready for kindergarten. In any event, she indicated that the child cannot attend school in the Halifax School District in that she misses the cut off point. Apparently the cut off point for allowing a child to attend kindergarten is September 1". Second, Mother believes that the children should be with her during the school year when they do go to school. However, as indicated, she doesn't think that that will occur until September of the year 2000. Consequently, if a modification is entertained by the court, it should provide for the children to be with her during the school year. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. A hearing in this matter will take one-half day. 10. Other matters or comments: The parties entered into an agreement by Order dated September 29, 1997, which is a shared arrangement on a week-on, week-off basis. First, the Court will have to entertain Mother's argument as to whether or not the oldest child is even ready to go to school. If the child isn't ready to go to school, then the Court will have to determine whether or not it is appropriate to make any modifications of the existing schedule. Since the parties have been operating tinder this schedule since 1997, it does not appear that there should be a change in the schedule since the modification petition was based upon the assumption that the oldest child would be going to school in the fall. The parties seemed to suggest to the Conciliator that when the child begins school, that the week-on, week-off schedule will not work. If the Court entertains a change in the schedule during the school year, then the Court would, in all likelihood, try to maximize the time with the parent who does not have the children reside with them primarily during the school year so as to try to maintain some type of shared arrangement as the parties agreed to in the past. There has been no issues raised by either party as to the other party's fitness, and even though the parties have a difficult time communicating, it appears that the shared arrangement has worked. Date: May 11, 1999 " Mic I L. Bangs Custody Conciliator is? C'l n c.:. ; . L : I IL 41. IV; F? ' L V GREGORY J. KATSHIR Attorney at Law 800 Market Street Lemoyne, Pennaylvanla 17043 (717) 7133.8133 a Fax (717) 783.8425 COLLEEN R. SHAFFER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : IN DIVORCE JOHN SHAFFER, III Defendant/Respondent NO. 95-7025 Civil Term AND NOW comes your Defendant/Respondent, John Shaffer, III by and through his attorney, Gregory J. Katshir, Esquire, with the following Answer to a Petition for Modification of Custody/Visitntion order as follows: 1. Paragraphs one through four (1-4) are admitted. 2. Paragraph five (5) is admitted in part and denied in part. It is admitted that pursuant to the prior order that the parties have joint legal custody of the minor children. However it is denied that Petitioner is the primary custodian with certain visitation rights in Respondent. By way of further response, the prior order indicates that the parties share both legal and physical custody of the children. 3. Paragraph six (6) is admitted. By way of further response, the best interests of the children will best be served if the previous Order is modified to provide primary physical custody of the children in Respondent. 4. Paragraph seven (a) (7(a)) is admitted in part and denied in part. The time periods described within paragraph 7(a) at which Respondent is to have custody of the children are admitted. However, Respondent has custody of the children as opposed to periods of visitation. 5. Paragraph seven (b) (7(b)) is denied. Respondent is without sufficient knowledge to form a belief as to the truth thereof, and strict proof thereof is demanded at the time of trial. By way of further response, if it is determined that increased stability would lessen Kayla's behavioral symptoms, it would be in the best interest of Kayla and Quentin that Respondent be primary physical custodian. 6. Paragraph seven (c) (7(c)) is a legal conclusion to which no response is necessary. 7. Paragraph seven (d) (7(d)) is specifically denied. The proposed Order as set forth in Petitioner*s Petition will substantially reduce the actual time Respondent spends with the minor children. As the current Order provides, on any given thirteen (13) day period, the children are in the custody of Respondent nine (9) days and Petitioner four (4) days. The proposed order would only provide that the children are in the custody of Respondent for three (3) days out of fifteen (15). A more appropriate solution to any problem related to stability of the minor children would be to modify the Order so that Respondent has primary physical custody and Petitioner has partial custody during ever other weekend. 8. Paragraph seven (e) (7(e)) is denied. The current custody schedule should be changed to provide weekdays with Respondent and weekend visitation with Petitioner. 9. Paragraph eight (a) is a legal conclusion to which no response is necessary. 10. The representations set forth in Paragraphs one through nine (1-9) are incorporated herein by reference and made a part hereof as if set forth in detail. 11. The best interests of the minor children would be served if the current order is modified to provide primary physical custody in Defendant. 12. The current order was issued by this Honorable Court on March 18, 1996. Over the past year, pursuant to the Order, the minor children have spent the majority of their time with Defendant. The minor children did not exhibit any behavioral problems or symptoms while they were in the custody of Defendant. The children have thrived while in the custody of Defendant. 13. In contrast to the care that the children receive while in the custody of Defendant, the minor children are not properly cared for while in the custody of Plaintiff. 14. On numerous occasions, the children have been returned to Defendant by Plaintiff with dirty teeth, diaper rashes, cases of pink eye and sunburn. Further, Plaintiff failed to administer prescription medicine to the children on several occasions. 15. Plaintiff has left the minor children unattended on several occasions. By way of example, two (2) year old Kayla was able to obtain scissors and cut her own hair when Plaintiff left her unattended. 16. It would be appropriate for this Honorable Court to modify the current custody Order to provide for primary physical I 4 ' custody in Defendant with periods of partial custody in Plaintiff during every other weekend. 17. The best interests and permanent welfare of the minor children would be served by granting primary physical custody to Defendant. Defendant is able to provide for the permanent needs of the minor children. WHEREFORE, Defendant requests this Honorable Court grant custody rights for the minor children to him. submitted, Gregory J. Kihi Attorney for Defe PA ID/ 61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 0 V R R I F I C A T I Q .N I verify that the statements made in this Answer and New Netter 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. Section 4904, relating to unsworn falsification to authorities. Date: J Shaff , III CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer to Petition for Modification of Custody/Visitation Order and New Matter was served upon the following via First Class mail, on September 11, 1997, postage prepaid as follows: Karl R. Hildebrand, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg PA 17110 Gregory J. Katslir, Esquire COLLEEN R. SHAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JOHN SHAFFER, III, Defendant NO. 95-7025 Civil Term ACCEPTANCE OF SERVICE 1, Gregory J. Katshir, Esquire, hereby certified that I am authorized to accept service of the Complaint for Custody/Visitation and Order scheduling a conciliation conference for September 18, 1997 at 2:00 p.m. on behalf of Defendant John Shaffer, 111 in the above-captioned matter and do so this Z day of Ste., 1997. 900 Maryet Street Lemoyne, PA 17043 (717) 763-8133 Attorney for Defendant COLLEEN R. SHAFFER, _ Plaintiff = V. _ JOHN SHAFFER, III, i Defendant = IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-7025 CIVIL TERM ORDER OF COURT AND NOW, this Y day of April, 1996, upon consideration of the praecipe to transmit record filed in the above-captioned case on behalf of Plaintiff, and no notice of intention to request entry of a divorce decree, or waiver of said notice, appearing in the file,' a divorce decree will not be entered at this time, without prejudice to the parties' right to file a new praecipe upon correction of the deficiency. Brian J. Puhala, Sr., Esq. Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, PA 17011 Attorney for Plaintiff src 44 ?'9b A. V. ' See Pa. R.C.P. 1920.42. BY THE COURT, COLLEEN R. WASHINGER, (formerly COLLEEN R. SHAFFER), Plaintiff V. JOHN SHAFFER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-7025 CIVIL TERM ORDER OF COURT AND NOW, this ( St day of June, 1999, upon consideration of the attached letter from Gregory J. Katshir, Esq., attorney for Defendant, the hearing previously scheduled in this matter for July 30, 1999, is RESCHEDULED to Friday, August 13, 1999, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Colleen Washinger 820 Meadow Lane Camp Hill, PA 17011 Plaintiff, Pro Se Gregory J. Katshir, Esq. 900 Market Street Lemoyne, PA 17043 Attorney for Defendant J. s ey Oler, Jr4 :rc m J FllEO,-0m??TAR'r OF xM•., 99 JUN .2 PM li 55 CUid3;????ip GREGORY J. KATSHIR Attorney at Law May 17.1999 ,Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 RE: Shaffer v. Shaffer Dear Judge Oler: Please be advised that I represent John Shaffer, III in the above custody matter. I am in receipt of an Order of Court scheduling a hearing for July 30, 1999. l will be out of town during that week and therefore, respectfully request a continuance of the matter to the next available hearing date. Both my client and Ms. Shaffer•Washinger, who is unrepresented, have agreed to a continuance of the matter. I do not wish to be a pain, or dictate your schedule, but I would also request that the hearing be scheduled as soon as possible because one of the issues in the matter is whether a minor child is ready to attend school in the fall. Thank you for your cooperation. e truly y? rs Gregory J. Katshir GJK\tkk Cc: John Shaffer, III Colleen Washinger 900 Market Street 9 Lemoyne, Pennsylvania 17043 9 (717) 763.6133 • Fax (717) 763.9425 w_ COLLEEN R. WASHINGER, : IN THE COURT OF COMMON PLEAS (foreserly COLLEEN R. SHAFFER), : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 95-7025 CIVIL JOHN SHAFFER, III, CIVIL ACTION -LAW Defendant : IN CUSTODY PLAINTIFFS PRF TRIAL STATEMENT AND NOW9 this 13th day of August, 1999, the following is submitted in anticipation of trial in connection with the above captioned matter: A. Plaintiffs Anticipated Exhibits, Documents, Diagrams, Reports and Physical Evidence to be Used at Trial: 1. Family Photographs. 2. Letter from children's physician, H. Brad Henken, D.O. B. PlaiatiWs Witness List: 1. Colleen R. Washinger - Fact Ms. Washinger will provide testimony including, but not limited to: her past ability to cue for the children on a full-time basis; her present ability to care for the children on a full- time basis; her present work schedule; her relationship with the minor children; her findings regarding day care facilities in Halifax; and her findings regarding school enrollment in Halifax for Kala. 2. Roger Dale - Fact (Father of Plaintiff) Mr. Dale will provide testimony including, but not limited to: Ms. Washinger's ability to care for the children on a fall-time basis and her relationship with the minor children. 3. Lorraine Dale - Fact (Mother of Plaintiff) Mrs, Dale will provide testimony including, but not limited to: Ms. Washinger's ability to care for the children on a full-time basis and her relationship with the minor children. 4. Ann Calderon - Fact (Friend of Plaintiff) Ms. Calderone will provide testimony including, but not limited to: Ms. W"hinger's ability to care for the children on a full-time basis and her relationship with the minor children, C. Evidentiary/tApi Issues to be Dealt with at Trial or Pre-Trial: I. Which parent shall have primary physical custody of said children? 2. What schedule should the Court order for the parent not awarded primary physical custody of said children? D. Plaintiffs Proposed Findings of Fact, Proposed Conclusions of I.aw, and a proposed Custody Order: proposed Findings of Fact: 1Naintif ; Colleen R. Washinger, is the natural mother of two minor children, namely, Kayla M. Shaffer, bom September 2, 1994, and Quentin M. Shaffer, bom December 23, 1995. She fives in Halifax, Pennsylvania, with her husband, Steven L. Washinger. She is employed full-time with MI Home Products, Inc. and works a Monday through Friday schedule, 8:00 a.m. to 5:00 p.m. Defendant, John Shaffer, III, is the natural father of the two minor children, Kayla M. Shaffer and Quentin M, Shaffer. He lives in Enola, Pennsylvania, with his wife, Valerie Shaffer. He is employed tidl-time with Excel Logistics and works a Monday through Friday schedule, 11:00 p.m. through 7:00 a.m. From the birth of Kayla M. Shaffer until August, 1995, Kayla resided with both Plaintiff and Defendant in one household. In August, 1995, the parties separated. In December, 1995, the parties' second child, Quentin M. Shaffer was born. From the date of separation until present, the parties have shared both legal and physical custody of their children. In September, 1997, the parties reduced to writing a custody schedule which provided a rotating schedule in which Father would exercise physical custody over the children for one full week and Mother would exercise physical custody for one full week. On or about March 18, 1999, Father petitioned this Honorable Court to modify the existing custody arrangement and grant him primary physical custody of the parties' two minor children, subject to periods of partial physical custody with Mother. The driving force behind Father's request seams to center on the parties' oldest child's eligibility to attend kindergarten this Fail, with the East Pennsboro School District. If the child is enrolled in the Halifax School District, she will not be eligible to attend kindergarten until next Fall. 2. Proposed Conclusions of Laws: In Pennsylvania, the courts must determine custody and visitation matters on the basis of what is in the "best interests of the child" and consider "all factors which legitimately have an effect upon a child's physical, intellectual, moral and spiritual well-being." White v. White_ 437 Pa.Super. 446,650 A.2d 110, 112-13 (1994) citing I ACv. Fontaine, 406 Pa, Super. 487,594 AN 724 (1990). other factors which the courts will consider when determining custody arrangements are which parent is deemed the status of primary care giver, which parent has the financial ability to care for the children, what are each parents' work schedule, the sex and age of the children, and which parent is more accommodating. The testimony will show that Mother has always assumed the role of primary care giver in her household, has the financial ability to care for both children, has a stable home environment in which to raise the children, has a work schedule compatible with the children's schedules and which is flexible enough to accommodate any changes or emergencies which may occur, has a good relationship with both children, is a good role model for the children, and is willing to work with Father to develop a close, loving parent-child relationship, between he and the children. 3, proposed Custody Order: A. Plaintiff and Defendant shall share legal custody of the parties' two children, Kayla M. Shaffer and Quentin M. Shaffer; B. Plaintiff shall have primary physical custody of the parties' two children; C. Defendant shall have periods of partial physical custody of said children, on the following schedule: every other weekend; alternating school holidays; Father's Day; and one-half of the summer vacation months; and D. Any additional periods of custody which the parties may agree upon. E. Anticipated Length of Trial: One (1) day. Date: August 13, 1999 RespecttLliy, submitted, DALEY LAW OFFICES 4 th leen Carey Daley, Esqui Attorney I.D. No. 30078 Attorney for Plaintiff 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 JAMES L JONES. M.D. JAMES F. DALY. JR., M.D. ROBERT L COLDREN, M.D. MARIO M. SANGILLO, M.D. SANDRA J. RATLIFF, M.D. H. BRAD HENKEN, D.O. DANA A. SETZER, M.D. UPTOWN P1?OP2851ONAL SUILOINS 2840 NORTH THIRD 5T11EET • eUITE 150 HA1111158UN13. PENNBVLVANIA 171102001 ROUTINE APPOINTMENT/ 278.4882 • MEDICAL CAUL 232.8774 • HMO REFOIIIALS/AUT?1O1112ATIONS 278.8245 August 9 , 1999 To Whom It May Concern: I am writing this letter in response to a request by Colleen Washinger. MS. Washinger has always displayed appropriate concern for her children's well being. The children have been kept up to date with their routine physicals and immunisations and have been brought to the practice in a timely fashion for sick visit evaluations. Kayla and Quentin have been well cared for. Sincerely, H. Brad Menken, D.O. KSH/pdw I, Kathleen Carey Daley, Esquire, hereby certify that on the date indicated below I served a true and correct copy of the foregoing Plaintiffs Pre-Trial Statement, on all interested parties, by hand delivery and facsimile, as follows: Gregory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17043 DALEY LAW OFFICES Date: R-l") m hleen Carey Daley, Esqui BY"bl Attorney MOWS 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 Attorney for Plaintiff GREGORY J. KATSHIR Attorney at Law August 4, 1999 Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 RE: Shaffer v. Shaffer Dear Judge Oler: Enclosed please find a Witness List and Amended Proposal for Resolution in the above matter. Mr. Shaffer wishes to amend the times at which Ms. Washinger would have partial custody of the children during the school year. The amended proposal provides that Me. Washinger is to have partial custody of the children during three (3) weekends per month, rather than one weekend as previously proposed. Additionally, the midweek visitation period would be eliminated. Thank you for your attention to this matter. If you have any questions, please feel free to contact me. ry truly you , Gregory J. tshir GJK\tkk Enclosure Cc: Colleen Washinger w/enclosure John Shaffer w/enclosure 0 900 Market Street • Lemoyno, Pennsylvania 17043 9 (717) 763.8133 • Fax (717) 763.9425 COLLEEN R. SHAFFER, Plaintiff/Respondent VS. JOHN SHAFFER, III Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE NO. 95-7025 Civil 'term WITNESS LIST AND AMENDED PROPOSAL FOR RESOLUTION AND NOW comes your Defendant, John Shaffer, III by and through his attorney, Gregory J. Katshir, Esquire, with the following Petition for Witness List and Amended Proposal for Resolution as follows: WITNESS LIST 1. John Shaffer, III - Mr. Shaffer is expected to testify as to the minor daughter's readiness to attend kindergarten in the fall and as to why it is most appropriate that the minor daughter attend school in the East Pennsboro School District. 2. Carol Osborne - Ms. Osborne, Kayla's pre-school teacher, is expected to testify that Kayla is ready to attend Kindergarten in the fall. 3. Valerie Shaffer - Mrs. Shaffer, Kayla's step-mother and Director of Kayla's pre-school, is expected to testify that Kayla is ready to attend kindergarten in the fall. 9 , AMEMDED PROPOSAL FOR RESOLUTION 1. Father shall have primary physical custody of the two (2) minor children, Kayla and Quentin, during the school year. During the school year, Mother shall have periods of partial custody during three (3) weekends per month. For example, in September 1999, Mother shall have partial custody on the weekends of the 4th, 18th and 25th. 2. During the summer months, Mother shall have primary physical custody of the two(2) children. Father shall have periods of partial custody during every other weekend. Father shall have visitation with the children each Wednesday. 3. Mother shall have partial custody of the children during each spring break. 4. Father shall be entitled to one weeks uninterrupted summer vacation with the children. Notice of the intention to exercise such right shall be provided to mother at least 30 Days prior to the intended vacation dates. 5. Provisions regarding holiday times shall remain the same as the current order. Defendant reserves the right to amend and/or supplement this list of witnesses at anytime, up to the time of hearing. WHEREFORE, Defendant requests this Honorable Court grant custody rights for the minor children to him. Respectfully submitted, Grenry J. attshir, Esquire Attorney f r Defendant PA ID# 61967 900 Market Street Lemoyne PA 17093 (717) 763-8133 CERTIFICATION OF SERVICE I hereby certify that a true and correct Copy of the foregoing Witness List and Amended Proposal for Resolution was served upon the following via First Class mail, on August 4, 1999, postage prepaid as follows: Colleen Washinger 1768 Enders Road Halifax PA 170323 Gregory J? Katshir, Esqu COLLEEN R. SHAFFER, Plaintiff vs. JOHN SHAFFER, III, Defendant ? IN THE COURT OF COMMON PLEAS ? OF CUMBERLAND COUNTY, ? PENNSYLVANIA 1 ? NO. 95-7025 CIVIL TERM 1 ? CIVIL ACTION - LAW ? IN DIVORCE ORDER AND NOW, this day of 01?1 1997, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. All prior Orders entered in this case are vacated. 2. The parties shall share legal custody of their minor children, Kayla Marie, d.o.b. September 2, 1994, and Quentin Michael, d.o.b. December 23, 1995. 3. The parties shall share physical custody of the minor children on a week-on, week-off basis. The transfer day shall be on Sunday. The transfer shall occur in accordance with the Mother's church schedule such that on the weeks that Mother has the children in her custodial care, she will keep the children until after church at which time she will deliver them to Father. On the weeks in which the children are in their father's care, Mother shall be entitled to pick up ALED-OrRCE OF TN" FrO!ic'.Nomy 97 SEP 29 I'?i I7.: nO CUtif?lci=?,;, t,iUPITY the children prior to church to begin her custodial period. In the event that Mother does not attend church on Sunday, the party who is to begin their custodial period shall pick up the children at the other party's residence by 12:30. 4. The parties shall alternate the Thanksgiving holiday. The Thanksgiving holiday shall include a period that commences at 7:00 p.m. on the day before Thanksgiving until 12:00 noon on the day after . Thanksgiving. Father shall have the Thanksgiving holiday in 1997 and all odd-numbered years thereafter, and Mother shall have the Thanksgiving holiday in 1998 and all even-numbered years thereafter. 5. The Christmas holiday shall be broken into two segments. Segment A shall commence on December 23rd after work and continue until Christmas Eve at 9:30 p.m. Segment B shall commence on Christmas Eve at 9:30 p.m. and continue until December 28th at 9:00 a.m. Mother shall have Segment A in 1997 and all odd-numbered years thereafter and Segment B in 1998 and all even-numbered years thereafter. Father shall have Segment A In 1998 and all even-numbered years thereafter and Segment B in 1997 and all odd-numbered years thereafter. 8. Mother shall have the children on Mother's Day and Father shall have the children on Father's Day. These periods of partial custody and visitation shall be at times to be agreed upon by the parties, it being the intention of this provision that they shall try to spend as much of the day as possible with Mother or Father. 7. Such other times as the parties may agree. BY THE COURT, Karl R. Hildebrand, Esquire _ n„e„v rf? ? 9J38191, Gregory J. Katshir, Esquire "-0 mib COLLEEN R. SHAFFER, 1 IN THE COURT OF COMMON PLEAS Plaintiff 1 OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 95-7025 CIVIL TERM JOHN SHAFFER, III, ) Defendant ) CIVIL ACTION - LAW IN DIVORCE JUDGE PREVIOUSLY ASSIGNED: The Honorable J. Wesley Oler, Jr. IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1916.3-81b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the childiren) who 19(are) the subject of this litigation is as follows: NAME WRTHDATE CURRENTLY IN CUSTODY OF Kayla Marie Shaffer September 2, 1994 Plaintiff and Defendant Quentin Michael Shaffer December 23, 1995 Plaintiff and Defendant 2. A Conciliation Conference was held on September 18, 1997, and the following individuals were present: the Plaintiff and her attorney, Karl R. Hildebrand, Esquire; the Defendant appeared with his attorney, Gregory J. Katshir, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. ¦ `. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent childlren): Neither party requested. S. Need for Independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Rut) Date: September 22, 1997 Michael L. Bangs Custody Conciliator •ow? 4? •7to 4tr ar •ao •x• aer as..*..? •?..;K..:r;..x..? .?..:?c •:ve• •?:.: aw •x•; ?•o IN THE COURT OF COMMON t OF CUMBERLAND STATE OF COLLEEN R. SHAFFER, $ ......................Plaintiff. ................... Venus $ JOHN SHAFFER, III, $ $ a b $ $ $ $ $ ..Defendant COUNTY PENNA. $ PLEAS $ 8 No .....957nTP.95 ................. 19 DECREE IN p R DIVORCE AND NOW, ..... Aeri I...2? 4 ........... 19.56.. , it is ordered and decreed that ... , , COLLEEN R. SHAFFER , • , , plaintiff, and ••••••••••...,JOHN, SHAFFER, IIZ„•„•,,,,•,,,,••,,,, , defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ............................................................... .......... 4P. 40 4t• . ........................................................ By The Court: C a/ r. Alteat: J• '?i.`k'.xG,1 C L GAS /?• ?i•X.iy, j . / / ?? C./14 Lt ECG, .. J( y .,1 / Prothonotary K 4C ,71C 4F `?7W •7R• 96•? •Yv A. ?? Ja:• •:?:• ,?:• Lt5 •:t:• :?> :?> :?:• •s:• :?:• •:?:? ;?:? •Y> tft:• :?i• At;t?4, IAI? IICCLLEEN R. SHAFFER, Plaintiff vs. JOHN SHAFFER, III, Defendant s IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA s s NO. 95-7025 s CIVIL ACTION - LAW PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) and 3301 (d) of the Divorce Code 2. Date and Manner of service of the Complaint: Service by fied mail on or about Decmeber 14. 1995. Acceptance of c.. in attached hereto due to lose of certified mail certificate. 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: Plaintiff - March 26, 1996, Defendant - March 25, 1996. 4. Related claims pending: No other claims are pending. Respectfully Submitted: Brian . Puhala, Sr., Esquire The Law Offices of Patrick F. Lauer, Jr. 2105 Market Street Aztec Building Camp Hill, PA 17011 ID# 52677 DATES 3-0lb-9ro ui U COLLEEN R. SHAFFER, s IN THE COURT OF COMMON PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA s JOHN SHAFFER, III, s CIVIL ACTION - LAW Defendant s IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, at the Intersection of High and Hanover Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONEr GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL RELP. COURT ADMINISTRATOR CLMDERLAND CO COURTHOUSE 4th FLOOR 1 COU MIOUSE SQUARE CARLISLE PA 17013 3387 (717) 240 6200 COLLEEN R. SHAFFER# Plaintiff vs. JOHN SHAFFER, III, Defendant t IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, PENNSYLVANIA t I No. s s CIVIL ACTION - LAW s IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODR The Plaintiff, Colleen R. Shaffer, by and through her attorneys, The Law offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorces 1. The Plaintiff, Colleen R. Shaffer, is an adult individual who currently resides at 820 Meadow Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, John Shaffer, III, is an adult individual who currently resides at 39 Altoona Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 21, 1993 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter. COUNT II - EQUITABLE DISTRUBUTION The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to 53502(a) of the Divorce Code. COUNT III - CUSTODY 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The parties are the parents of the following unemancipated child who resides with the Plaintiff, Colleen R. Shaffer: NAME AGE DATE OF BIRTH Kayla Marie Shaffer 1 year 9-02-94 10. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 11. There are no other proceedings pending involving custody of the child in this or any other state. 12. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with repsect to the child. 13. The best interest of the child will be served if custody of her is confirmed in Plaintiff. WHEREFORE, the Plaintiff requests this Honorable Court to enter an order confirming custody of the child to the Plaintiff. Respectfully submitted, Bri i J. Pu ila,sr. "k" quire Law Offices of PatricF. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Dates / P ID# 52677 Tel. (717) 763-1800 COLLEEN R. SHAFFER, Plaintiff vs. JOHN SHAFFER, III, Defendant s IN THE COURT OF CONMON PLEAS OF t CUMBERLAND COUNTY, PENNSYLVANIA : t No. t t CIVIL ACTION - LAW s IN DIVORCE 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: Signature: 4 fL k' 2Y? Colleen R. Sh ffer a a COLLEEN R. SHAFFER, plaintiff vs. JOHN SHAFFER, III, Defendant : IN THE COURT OF COMMON PLEAS OF s CUMBERLAND COUNTY, PENNSYLVANIA s No. r5-- 7C-b?5? s CIVIL ACTION - LAW i IN DIVORCE i AMENDED C0MPLAII7T AND NOW, comes the Plaintiff, Colleen R. Shaffer, by and through his attorneys, The Law Offices of Patrick F., Lauer, Jr., and amend her original Complaint filed on December 7, 1995 an follows: 1. In Plaintiff's original Complaint at paragraph 121 Plaintiff would like to add Quintan Michael Shaffer (born 12-23- 95). WHEREFORE, Plaintiff respectfully request that a decree in divorce be issued with regards to the above matter. Respectfully submitted, -2 Br; Vin J. Puhala, Sr., Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 52677 Tel. (717) 763-1800 Date: / ? ?/. COLLEEN R. SHAFFER, s IN THE COURT OF COMMON PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. s JOHN SHAFFER, III, s CIVIL ACTION - LAW Defendant s IN DIVORCE ATTORNEY VERIFICATION The undersigned, Brian J. Puhala, Sr., Esquire, hereby verifies and states that: 1. He is the attorney for Colleen Shaffer. l.' 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Amendment are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Amendment are true and correct to the beet of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfull submitted, Brian J uhala, Sr., Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 52677 Tel. (717) 763-1800 Date: P? COLLEEN R. SHAFFER, : Plaintiff : s vs. s s JOHN SHAFFER, III, s Defendant s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE I hereby certify that I am this day serving a copy of the foregoing Amendment upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: John Shaffer, III 39 Altoona Avenue Enola, PA 17025 Date: Briaa'J. B61fala, Sr., Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 IDN 52677 Tel. (717) 763-1800 COLLEEN R. SHAFFER, s Plaintiff s s vs. s JOHN SHAFFER, III, s Defendant s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7025 CIVIL ACTION - LAW IN DIVORCE RPTANCB OF SBRV I, John Shaffer, III, hereby state that I accepted service of the Complaint in Divorce which was mailed to me by Certified Mail, postage prepaid, pursuant to the requirements of Pa. R.C.P. 1920.42(c)(2) on or about December 14, 1995. I, John Shaffer, III, hereby state that I accepted service of the Amended Complaint in Divorce by first class mail on or about January 10, 1996. J1dhn Shaff-v,' II Date s '.?l.^ .? - ? r ?, ?= ? Ilt? 4. N .._ ..?y .. ' [?. ? S? r_ ?- r i e? ] ?. u_ V .n L'1 --j f? N R. SHAFFER, s IN THE COURT OF COMMON PLEAS OF N Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA t vs. t NO. 95-7025 s SHAFFERp IIIj s CIVIL ACTION - LAW Defendant s PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 330t(cl OF TES DIVORCS CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on the 7th day of December 1995. 2. The marriage of the Plaintiff and the Defendant is broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce after ce of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. S 4904 relating to ern falsification to authorities. Signaturet O'gl ?- Colleen R. Sh ffer DATED: March 261 1996 is r LL r `l 1 J1t r. ?-` c? c1 COLLEN R. SHAFFER, Plaintiff vs. JOHN SHAFFER, III, Defendant s IN THE COURT OF COMMON PLEAS OF s CUMBERLAND COUNTY, PENNSYLVANIA s s NO. 95-7025 s s CIVIL ACTION - LAW DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on the 7th day of December 1995. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are nade subject to the penalties of 18 Pa. C.S. S 4904 relating to nneworn falsification to authorities. Signatures + s' 57oohn Shaf , III Dated: March 25, 1996 i cud' c`j i co C\i if) LL. a BEN R. SHAFFER, s IN THE COURT OF COMMON PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA Vs. : No. q'5- 3O;ZS CIVIL- s SHAFFER, III, s CIVIL ACTION - LAW Defendant s IN DIVORCE ORDER OF COURT AND NOW, this _1-?t , day of tNl > ,v , 1996, after ew of the attached Stipulation and notation by the Court that parties have agreed by affixing their signatures to same, the ched Stipulation is hereby incorporated into this order. BY THE COURT: t^I.^n, r ?d R. SHAFFER, Plaintiff vs. JOHN SHAFFER, III, Defendant s IN THE COURT OF COMMON PLEAS OF s CUMBERLAND COUNTY, PENNSYLVANIA s No. s s CIVIL ACTION - LAW s IN DIVORCE STIPWMION OF THE PARTIES 1. The Plaintiff, Colleen R. Shaffer, is an adult individual rho currently resides at 820 Meadow Lane, Camp Hill, Cumberland !ounty, Pennsylvania 17011. 2. The Defendant, John Shaffer, III, is an adult individual tho currently resides at 39 Altoona Avenue, Enola, Cumberland :ounty, Pennsylvania 17025. 3. The parties have been bona fide residence of the .ommonwealth of Pennsylvania for at least six months immediately prior to this matter. 4. On December 7, 1995, a complaint in divorce was filed under the above-captioned docket. 5. On or about January 5, 1996, an amended complaint was filed under the above-captioned docket. 6. The parties are the parents of Kayla Marie Shaffer (born 9-02-94) and Quentin Michael Shaffer (born 12-23-95). 7. The parties agree as follows regarding custodial rights of said minor children: a. The parties shall enjoy joint legal and physical custody with the primary residence being with Plaintiff/Mother, Colleen R. Shaffer. b. Defendant/Father, John Shaffer, III, shall enjoy periods of custody or visitation as follows: 1. Alternating weekend beginning on Fridays at 4:30 p.m. and ending on Tuesdays at 7:00 p.m., then on the off weekend beginning on Sundays at 12:30 p.m. and ending on Wednesdays at 7:00 p.m.; and 2. Any other time as can mutually agreeable between the parties. C. The parties shall split the Thanksgiving Holiday by alternating Thanksgiving Day by Mother having custody of the children on Thanksgiving Day 1996. d. The Christmas Holiday shall be split as follows: 1. Commencing with Christmas 1996, Mother shall have the children in her custody commencing Christmas Eve at 12:00 noon until Christmas day at 2:00 p.m. Father shall have custody of the minor children from Christmas Day at 2:00 p.m. until December 26 at 12:00 noon. These periods of custody shall alternate between the parties with father enjoying the Christmas Eve time period beginning Christmas 1997. If Christmas should fall on a weekend, the arrangement for the Christmas Holiday Season takes precedent over the alternating weekends as set forth above. e. Mother shall have custody of the children on Mother's Day, and Father shall have custody of the children on Father's Day irrespective of any other arrangements. f. This agreement may be modified between the parties either verbally or in writing as they deem appropriate. 8. Parties intend to be legally bound by this agreement. n t& Y `7W dQ,t UDp V RF? /l2 S COLLEEN SHAFF VV All S SHAFF , II COLLEEN R. SHAFFER, Plaintiff s s Va. JOHN SHAFFER, III, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7025 CIVIL ACTION - LAW PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) and 3301 (d) of the Divorce Code. 2. Date and Manner of service of the Complaints Service by fied -mail on or about December 14. 1995. Acceptance of has oreviously been filed with the court. 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Codes Plaintiff - March 261 19961 Defendant - March 25, 1996. 4. Date of execution of Defendant's Waiver of Notice of Intention to Request Entry of a Divorce Decrees April 19, 1996. 5. Related claims pending: No other claims are pending. r r 4 Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 52677 Tel. (717) 763-1800 Tptf l l7ubmitted, i an J Puhala Sr. Es airs Dates e; CO Li k\j 4L. (_7 L ? C.) COLLEEN R. SHAFFER, t IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA j vs. No. 95-7025 t JOHN SHAFFER, III, : CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce II without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. .4 1 Signature: Date: `/- IF- ¦ , CoileerN R. ,SY a c (- Plaintiff V Defendant :IN THE COURT OF COMNON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 10 a 5 CIVIL 19q 5 :CUSTODY/VISITATION ORDER OF COURT' AND NOW, this (date) b1 t3 N-1, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the concili tor, at th on the I's _day of ?1PC1 rnh r 9 9-1 at n p, M:, for a Prehearing Cu tody Conference. At such con erg ence, an effort will be made to resolve the Issues in dispute; or if this cannot.be accomplished, to define and narrow the Issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the-conference, but the child/children's attendance is not mandatory. Failure to appear.-at the conference-may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: ? Custody ls`ody o. Conc ator 3?3tCTn)? YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (7I7)240-6200 FILED-OFFICE OF T1;1 "POT,C11l0rARY 97 Mr. 14 1112: 53 CUN1o,J=L,N;''? GCUVTY PD.'NSYLVV4'A 44 r ? ? [ _ .' 1 I• COLLEEN R. SHAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE JOHN SHAFFER, III, Defendant NO. 95-7025 Civil Term ORDER You, are ORDERED to appear in person in the Custody Conciliation Office, Floor, Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, on at o'clock a.m./p.m. for a Custody Mediation Conference. All parties are further ORDERED to attend a seminar entitled "Seminar for Separating Parents" and bring with you to the Conciliation Conference the Certificate of Attendance you will receive at the Seminar. The Plaintiff is scheduled to attend on The Defendant is scheduled to attend on Any requests for rescheduling must be directed to the Provider and will be granted only upon cause shown. (See attached instructions and Provider brochure with registration form.) FAILURE TO APPEAR AT THE SEMINAR AS SCHEDULED OR FAILURE TO REGISTER AND COMPLETE THE PROGRAM WILL BE BROUGHT TO THE ATTENTION OF THE COURT AND MAY RESULT IN A FINDING OF CONTEMPT AND THE IMPOSITION OF SANCTIONS BY THE COURT. If you fail to appear as provided by this Order, an Order for Custody may be entered against you, or the Court may issue a Warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Fl., Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 FOR THE COURT: Custody Mediator COLLEEN R. SHAFFER, Plaintiff VS. JOHN SHAFFER, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 95-7025 Civil Term PETITION FOR MODIFICATION OF CUSTODY/VISITATION ORDER 1. Petitioner is Colleen R. Shaffer, an adult individual residing at 1768 Enders Road, Halifax, Pennsylvania 17032. 2. Respondent is John Shaffer, Ili, an adult individual residing at 39 Altoona Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. Petitioner and Respondent are natural mother and natural father respectively, of minor children, Kayla Marie Shaffer (D.O.B. 9/2/94) and Quentin Michael Shaffer (D.O.B. 12/23/95). 4. On March 18, 1996, this Court entered an Order, approving a stipulation of the parties, setting forth the custody and visitation arrangement between the parties. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of said Order. 5. Pursuant to the aforesaid Order the parties have joint legal custody of the minor children with Petitioner being the primary custodian and with certain visitation rights in Respondent. 6. Modification of the previous Order is necessary to promote the best interests of the children. Petitioner respectfully requests that this Court modify the previous Custody Order in the following particulars: (a) 'file parties reside approximately 35 miles apart. Under the terms of the existing Order, the Respondent has visitation with the children on an alternating schedule every week. The first week he has the children from Friday at 4:30 p.m. through Tuesday at 7:00 p.m. and the following week he has the children from Sunday at 12:30 p.m. through Wednesday at 7:00 p.m. This schedule requires the children to be in two separate daycare centers and has been very disruptive to their well-being and sense of stability. (b) Kayla has exhibited behavioral symptoms which her peditrician, H. Brad Henken, D.O. has opined would be lessened by increasing stability and consistency and reducing the extensive back and forth between the parents. (c) Petitioner believes that reducing Respondent's visitation to every other weekend commencing Friday evening through Sunday evening will promote stability, lessen the behavioral difficulties that have or may be exhibited by the children, and promote their best interests. (d) The proposed modification will have a negligible effect on the time Respondent actually spends with the children. (e) Upon starting kindergarten, the current custody schedule must be changed to provide weekdays with Petitioner and some weekend visitation with Respondent. These provisions should be included at this time. -2- 8. Petitioner believes that the foregoing modifications are necessary ?o prevent continuing harm to the children and to further the best interests of the children. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: , 4RSL. Hildabrnnd, d, Esquire Attorney I.D. No. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Date: P - 9- 97 -3- 9%W A n R..SHAFFER, Plaintiff Ve. SHAFFER, III0 Defendant S IN THE COURT OF COMMON PLEAS OF S CUMBERLAND COUNTY, PENNSYLVANIA I No. RS _ mss- cirIL S t CIVIL ACTION - LAN S IN DIVORCE ORDER OF cooRT AND NON, this 18 , day of ?=aAc,. , 1996, after ar of the attached Stipulation and notation by the Court that parties have agreed by affixing their signatures to east, the oohed Stipulation is hereby incorporated into this order. BY THE COURTS -1,4q a 11), ...-0 TRUE COPY FROM RECORD-, h ° a .n^r, - . h r. a!, I hr.re urta set my lipnd a^d au 0, JL,d CCutt JI Carlisle, Pa. ? This . /9.'*' day Prothonotary NN R. SEAFFER, s IN TEE COURT OF COMMON PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA e vs. a Noe s SHAFFER, III, s CIVIL ACTION - LAW Defendant s IN DIVORCE STIPULATION OF THE PARTIES 1. The Plaintiff, Colleen R. Shaffer, is an adult individual currently resides at 020 Meadow Lane, Camp Hill, Cumberland nty, Pennsylvania 17011. 2. The Defendant, John Shaffer, III, is an adult individual currently resides at 39 Altoona Avenue, Encla, Cumberland nty, Pennsylvania 17025. 3. The parties have boon bona fide residence of the monwealth of Pennsylvania for at least six months imsediately or to this matter. 4. On December 7, 1995, a complaint in divorce was filed or the above-captioned docket. 5. On or about January 5, 1996, an amended complaint was ad under the above-captioned docket. 6. The parties are the parents of Kayla Marie Shaffer (born 2-94) and Quentin Michael Shaffer (born 12-23-95). 7. The parties agree as follows regarding custodial rights said minor childrens A* The parties shall enjoy joint legal and physical custody with the primary residence being with Plaintiff/Mother, Colleen R. Shaffer. b. Defendant/Father, John Shaffer, III, shall enjoy periods of custody or visitation as followst 1. Alternating weekend beginning on Fridays at 400 p.m. and ending on Tuesdays at 7:00 p.m., then on the off weekend beginning on Sundays at 12:30 p.m. and ending on Wednesdays at 7:00 p.m.j and 2. Any other time as can mutually agreeable between the parties. C. The parties shall split the Thanksgiving Holiday by alternating Thanksgiving Day by mother having custody of the children on Thanksgiving Day 1916. d. The Christmas Holiday shall be split as followes 1. Commencing with Christmas 1996, Mother shall have the children in her custody commencing Christmas Eve at 12:00 noon until Christmas day at 2900 p.m. Father shall have custody of the minor children from Christmas Day at 2:00 p.m. until December 26 at 12:00 noon. These periods of custody shall alternate between the parties with father enjoying the Christmas Eve time period beginning Christmas 1997. If Christmas should fall on a weekend, the arrangement for the Christmas Holiday Season takes precedent over the alternating weekends as set forth above. e. Mother shall have custody of the children on Mother's Day$ and Father shall have custody of the children on Father's Day irrespective of any other arrangements. f. This agreement may be modified between the parties either verbally or in writing as they deem appropriate. S. Parties intend to be legally bound by this agreement. COLLEEN SRA?FV- VV • J S F ? II VERIFICATION I, Colleen R. Shaffer, hereby certify I have read the foregoing Petition for Modification of CustodyNisitation Order and believe it 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.A. §4904 relating to unsworn falsification to authorities. yy " q ? Mh.t, u Colleen R. Shaffer l I r(JQ 7 Dm4wnt N: COLLEEN R. SHAFFER, Plaintiff/Respondent VS. JOHN SHAFFER, III Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 95-7025 Civil Term WITNESS LIST AND PROPOSAL FOR RESOLUTION AND NOW comes your Defendant, John Shaffer, III by and through his attorney, Gregory J. Katshir, Esquire, with the following Petition for Witness List and Proposal for Resolution as follows: WITNESS LIST 1. John Shaffer, III - Mr. Shaffer is expected to testify as to the minor daughter's readiness to attend kindergarten in the fall and as to why it is most appropriate that the minor daughter attend school in the East Pennsboro School District. 2. Carol Osborne - Ms. Osborne, Kayla's pre-school teacher, is expected to testify that Kayla is ready to attend Kindergarten in the fall. 3. Valerie Shaffer - Mrs. Shaffer, Kayla's step-mother and Director of Kayla's pre-school, is expected to testify that Kayla is ready to attend kindergarten in the fall. AUG - 3 1 PROPOSAL FOR RESOLUTION 1. Father shall have primary physical custody of the two (2) minor children, Kayla and Quentin, during the school year. During the school year, Mother shall have periods of partial custody during every other weekend. Mother shall have visitation with the children each Wednesday evening for several hours. 2. During the summer months, Mother shall have primary physical custody of the two(2) children. Father shall have periods of partial custody during every other weekend. Father shall have visitation with the children each Wednesday. 3. Mother shall have partial custody of the children during each spring break. 4. Father shall be entitled to one weeks uninterrupted summer vacation with the children. Notice of the intention to exercise such right shall be provided to Mother at least 30 Days prior to the intended vacation dates. 5. Provisions regarding holiday times shall remain the same as the current order. Defendant reserves the right to amend and/or supplement this list of witnesses at anytime, up to the time of hearing. WHEREFORE, Defendant requests this Honorable Court grant custody rights for the minor children to him. Respqj;Avfully submitted, Gregory J./ Khtshir, Esquire Attorney (for Defendant PA ID# 61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Witness List and Proposal for ResolMini was served upon the following via First Class mail, on _, postage prepaid as follows: Colleen Washinger 1768 Enders Road Halifax PA 170323 Child Skills Checklist Name h"G" e rr i h,I , S' U' ', Observer WCn, 5/1 ? i• S/? gi,7 Program IiisF Frtrnds n(,y (.u,`. Ivc5u•.vf Dells C///?Y Directions: Put e ? for items you see the child perform regularly. Put N for Items where there Is no oppor• luniry to observe. Leave all other items blank. Item Evidence Date Does not cling to classroom Uccv`,te nw '?"q1? w'•Nr utbcv without teacher's help Shy 4,yn-1-; ii; ptc,y wlt'n• Plays roles confidentlyln _,? _ v • •<•Ih ? ' i f•S•tir i ; c1 ?,1?, : v c• :,1 r ¢ Stands up for own rights -1P 5,+l?,rcr,?. i.5 anh:y •,,,y Slit L411 tell +he doing things for sell ..,?„+ dq v ucccn.711shmenas. fuss away from home pr:ble,ry 45 OBSERVATION AS ASSESSMENT 1. SPIf•Idenllry i.: o; n , i , , , :,: , ,.? ,' `,., I ' ?L. Separates from parents • c u :..i i y ,• t i: ':; +k n 1 •, ' ? wunommmcuny icl•... r?? tiev?r.•?,?? in•„-. ?? etafl excessively C f\ UJr rn , ? Makes eye contact with -4 -ptc,ch4t? ulbett IouKti c1 s.y.yy adults 51'auick,,cj or b-„Iy gpckeQ ,c Makes activity choices j n ?•? nl 4 W,++'? C •vY Seeks other children to play SK. ?- 't"0 , tt qnllc Vten LS 1 1I q ? •ni c. ? + +, f !• vy with `?? ? 1 c , l av w , t n .In it <,l tie tP Int.: GYetj S'nL r dramatic play j Q 1,15 ,'t'n c ? 1, 'I., s. .?. Displays enthusiasm about ;rmllzs and cell tFhnYO Y.Emotional Development t" `1`?'''?'vn t.:,u '•,'.y i,"v ? Allows sell to be comforted during stressful time ? Eats, sleeps, toilets wlihoNl H" b 'r`l.ll a o •t• L• v,++? V+ i'u k r ti w j, 5," loom A41 46 CHAPTER 2 r, 1.1 CHAPTER Z Item Evidence Date Claps hands In rhythm to av jut wh •i +'a; s wtr.nt .ur do beat Beals drum alternating b cl,;+n : b I r I +<' . ny ' ?' y 9 hands In rhythm to beat 1 r, W •; , S. Small Motor Development „•s rly{,+ ',ir,na, - Shows hand preference -?_ y ry (which is _ ) / JL Turns with hand easily CAh -turn '6%65 on Uuvise5 7 9 v (knobe,lids, eggheatere) }uy.5-s'vL l. 05 rdacden Kwb Cou,r{e Pours liquid Into glass nuurv& `t ccn+arrtvv cIn a 5s ?. )•Y9 without spilling W y -ti \- I M +. it M / i Can x1 n / +UA'4uh, uses Unfastens/fastens z ppers, buttons, Velcro tabs u 1 D e -i W l r t. x i ((rV' ct nd S ?• 97 •+cn Picks up and Inserts objects ?u} PuYYIC Pieces 1c?r+;, el S x•99 with ease wltt, ease.c'nd wucdeh nn(Ji>;It. uhr / 1L Uses drawing/writing tools ith t l L a n h d 1 d W P t n c1 I) CteyGo I-MaHtrt whit no 7 ?'4y w con ro rc hldtn / ('r r? .* ?. ?A 111 {? CI r) Uses scissors with control c; r 9' u F ,r }, r w , rb vs v ?.y9 Pounds in nails with control 7. Cognitive Development: 3 assifieatlon and Sariatlon Recognizes basic geometric shapes See c, ++uc tN ih.e I S .SYr/ .. -' t yt {• 1t)fln?l-FieS Cli??ee r Recognizes colors Calo+ clsyclt5 . b bo51C ul;r S. l Jr -C I Recognizes differences In 1deh{•islc5, rrh1111 rr•Lt(lu.r S S 4y size luayi C6umples civclvs? ?iGr rn IZ%! vs I 50 CHAPTER 2 Item Evidence Date 9, Spoken Language btry eugEv 4C ,.uIC ti; t'.r _`L Speaks confidently In the r,r,rca LlliI eri classroom _ V Speaks clearly enough for 1 ao c l' ?'+ Q.r n nJ ev s t•"'d . 5.0 adults to understand K+'• .' p+ 5 q l• Cu l' r Speaksinerpanded U`>?.y h.re }'nan n ?rJ ?..:5 sentences W.rl > woeu Takes part in conversations {Oval tc Cvhdetse• With -57 5.177 with other children d+?eyy,.durln Clvcle T,nra Asks questions with proper H e v Eeest:CO5 uvE' (?•/-Y? word order voievsl4Lo?U ?t _- Makes *No" responses Will 5uY 'NU' Aqf t:,rh !,/.yc with proper word order Cvrnrie-le S•p+:nrc• Uses past tense verbs u1111 }e(I ntr W'nu+ 51 d'd correctly ?IaSk,ju'I(LA Z played vF rvy Moms ve +.rJ»? Plays with rhyming words Oees c.1u V'inq :lit?i??y 9?5*t5 1 S (. • 4y 19. Prewriting and Prereading See a 1 *QL11, .t 4her b >?Itllle ? Pretends to write by scribbling horizontally ? Includes features of yQa u44-elC d OVe V real letters in scribbling / ?L Writes real alphabet letters S+e a+{uc4..J '?kr i- )'•3•r9 ? Writes words with Invented S e r (I+ ij e ?? ?' • 'I • 5 r y spelling Retells stories from books with increasing accuracy 52 CHAPTER z Item Evidence Date Assigns roles or takes r^??4c,p4 4-5 ?siv assigned roles May switch roles without packed themes and actions related to role /vr-y•ry themes, Ideas, details warning Uses language for creating and sustaining plot Uses ezciting, danger- ? Takes on cheracterlstica ti ?/'? It p c ? col Yclr 3 'Cji ny ? / 97 Uses elaborate and creative Copyright O 1984 by Macmillan Publishing Company. manm is an impnm o, mom„..„o„ .....,,-.....,, __...?_.,- and-out must be permission charge granted and to checklist may not be Included In l a compilation of readings for profit or othetwise. 6(OAJ COLLEEN R. SHAFFER (NOW COLLEEN R. WAiHiffER): Plaint V. JOHN SHAFFER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 95-7025 CIVIL TERM IN DIVORCE AND NOW, this 19th day of June, 2002, upon consideration of Plaintiff's Petition for Modification of Custody order with respect to the parties' children, Kayla Marie Shaffer (date of birth September 2, 1994) and Quentin Michael Shaffer (date of birth December 23, 1995), and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. Matthew J. Eshelman, Esquire 2108 Market Street Camp Hill, PA 17011 For the Plaintiff Gregory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17043 For the Defendant pcb By the Court, r? ?.?' ?,11'ftvG 02 JUII 21 (.'. 3' 2n3 r??r;?svtvtiv?a COLLEEN R. SHAFFER (now WASHINGER), Plaintiff V. JOHN SHAFFER, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-7025 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTOQY ORDER BEFORE OLER. J. ORDER OF COURT AND NOW, this 20'h day of June, 2002, upon consideration of Plaintiff's Petition for Modification of Custody Order, with respect to the parties' children, Kayla Marie Shaffer (d.o.b. September 2, 1994) and Quentin Michael Shaffer (d.o.b. December 23, 1995), following a hearing held on June 19, 2002, and based upon the court's perception as to the best interests of the children, it is ordered and directed as follows: 1. Except as modified below, the custodial terms contained in the Order of Court dated September 29, 1997, shall remain in full force and effect; 2. Each parent shall be entitled to reasonable telephone contact when the children are in the custody of the other parent; 3. Prior to scheduling a child to participate in any non-school activity during a time which would involve the other parent's custodial time, the parents shall consult with each other. No plans shall be made for a child to participate in extracurricular activities on the other parent's custodial time without the express agreement of that parent. Additionally, until such time as the parents have agreed on the extracurricular activity, the parent shall not discuss these adult decisions with the minor children; 4. The children shall remain in the Halifax Area School District; and i 9 {.x•1.1.-j-1CP ?;: - ,:i!???•iOraAY J1R121 fill II: 12 CUMS i iu '%J COUNTY PENNSYLVANIA 5. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement, BY THE COURT, esley Oler, J. Matthew J. Eshelman, Esq. Aztec Building 2108 Market Street Camp Hill, PA 17011-4706 ,t 1. o :r Attorney for Plaintiff Gregory J. Katshir, Esq. 900 Market Street Lemoyne, PA 17043 Attorney for Defendant I COLLEEN R. WASHINGER, Plaintiff Va. JOHN SHAFFER, U, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 95-7025 CIVIL ACTION -LAW CUSTODY Plane withdraw the appearan a of Law Offim of Patrick F. Lauer, h., in the mbme-pptioaed action. raY Reg 210: SCa n Can Due: 0 WN Taw PQAFl'rPW Tn N' C+E TO THE PROTHONOTARY: Please enter the appearance ofMatthew Due: y ly-o3 Matthew J. EdWn m, Enquire 2109 Market Sum Camp Hill, Pennsylvania 170114706 M# 72655 Td. (717) 737-3405 COLLEEN R. WASHINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.: 95-7025 JOHN SHAFFER, II, : CIVIL ACTION -LAW Defendant : CUSTODY TO THE PROTHONOTARY: Place withdraw the appearance of Law Offices of Patrick F. Lauer, Jr., in the sbovecspdoned action. Respect * submitted, Offices of Patrick F. Lauer, Jr. 2108 Market Stmt Camp 94 Permsylvanla 17011 Date: EW 46430 Tel. (717) 737-1800 TO THE PROTHONOTARY: Please enter the appeanum of Matdm J. Esheln wk Esquire the above-captioned action. V, - Matthew J. E Esquire 2109 Market Street 17011-4706 Date: 7ly Camp -o IDk 7726 S PT?71 7)7373405 r.r ::1 AS OF .0 /-31 1U, CASE#. q5,m looi5 HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. Quintina M. Laudermilch, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN R. WASHINGER, Plaintiff V. JOHN SHAFFER, III, Defendant No. 95-7025 CIVIL CIVIL ACTION-LAW IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT is entered into this c7O day of October, 2006, by and between Colleen R. Washinger (hereinafter referred to as "Mother") and John Shaffer, III (hereinafter referred to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Parties are the natural parents of two (2) minor children, namely, Kayla Marie Shaffer, whose date of birth is September 2, 1994 (hereinafter referred to as "Kayla") and Quentin Michael Shaffer, whose date of birth is December 23, 1995 (hereinafter referred to as "Quentin"); and WHEREAS, the Parties desire to attempt to reach an agreement without the need for court intervention; and WHEREAS, the Parties on their own terms, met and were successful in reaching an agreement; and WHEREAS, the Parties now wish to set forth the terms of their agreement. NOW THEREFORE, the Parties agree as follows: 1. Mother and Father will continue to share legal custody of Kayla and Quentin Shaffer. 2. Beginning October 22, 2006, Kayla and Quentin shall reside with their Mother during the school year, who shall assume primary physical custody of the children, subject to the following periods of partial physical custody with Father: (A) The school year shall begin at 5:00 p.m. the Friday prior to the first day of school each year. (B) Kayla and Quentin shall spend every other weekend with their Father beginning Friday at 5:00 p.m. and ending Sunday at 5:00 p.m. The Parties agree that the Father will pick up the children for said visitations and the Mother will provide the children's transportation back to her custody when said visitations are done. (C) Father shall have additional periods of visitation for three (3) hours on every Wednesday beginning at 5:00 p.m. and ending at 8:00 p.m., which weekend visitation does not occur. 3. During summer vacation, Kayla and Quentin shall reside with Father, who shall assume primary physical custody of the children, subject to the following periods of partial physical custody with Mother: (A) Summer shall begin at 5:00 p.m. the Friday after the last day of school each year. (B) Kayla and Quentin shall spend every other weekend with their Mother beginning Friday at 5:00 p.m. and ending Sunday at 5:00 p.m. The Parties agree that the Mother will pick up the children for said visitations and the Father will provide the children's transportation back to his custody when said visitations are done. (C) Mother shall have additional periods of visitation for three (3) hours on every Wednesday beginning at 5:00 p.m. and ending at 8:00 p.m., which weekend visitation does not occur. (D) Mother shall have the opportunity to have Kayla and Quentin for seven (7) days during the summer for vacation purposes. The selected day(s) will be mutually determined by the parties and notice must be provided to Father at least fourteen (14) days in advance. 4. The Parties shall alternate the Thanksgiving Holiday. The Thanksgiving Holiday shall begin the day before Thanksgiving at 7:00 p.m. and end the day after Thanksgiving at 12:00 p.m. Mother shall have custody of the children on all "even" years and Father shall have custody on all "odd" years. 5. The Christmas Holiday will be divided into two segments. During "even" years, Mother shall have the children from December 23 after work until December 24 at 9:30 p.m. and Father shall have the children from December 24 at 9:30 p.m. until December 26 at 9:00 a.m. During "odd" years, Father shall have the children from December 23 after work until December 24 at 9:30 p.m. and Mother shall have the children from December 24 at 9:30 p.m. until December 26 at 9:00 a.m. 6. Mother will always have the children on Mother's Day and Father will always have the children on Father's Day. These periods of partial custody and visitation shall be at times to be agreed upon by the parties, it being the intention of the provision that they shall try to spend as much of the day as possible with Mother or Father. 7. Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties and both children, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. 8. The Parties, by their signatures, request that this AGREEMENT shall be entered as an Order of Court. Quintina M. Laudermilch, Counsel for Plaintiff' Witness C IIA;,' 114VIW Colleen R. Washinger, Plaintiff r ohn Shaf&r,, ITI-, Defendant ` !s r n { am -- f -_ y i? j f y y?•t _ , irr?1 ? 'Y OCT 3120M p? Quintina M. Laudermilch, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN R. WASHINGER, Plaintiff No. 95-7025 CIVIL V. JOHN SHAFFER, III, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER AND NOW, this c , day of ?) rw, . , 2006, upon presentation and consideration of the attached Agreement of the Parties, it is hereby ORDERED and DECREED that: Mother and Father will continue to share legal custody of Kayla and Quentin Shaffer. 2. Beginning October 22, 2006, Kayla and Quentin shall reside with their Mother during the school year, who shall assume primary physical custody of the children, subject to the following periods of partial physical custody with Father: (A) The school year shall begin at 5:00 p.m. the Friday prior to the first day of school each year. (B) Kayla and Quentin shall spend every other weekend with their Father beginning Friday at 5:00 p.m. and ending Sunday at 5:00 p.m. The Parties agree that the Father will pick up the children for said visitations and the Mother will provide the children's transportation back to her custody when said visitations are done. (C) Father shall have additional periods of visitation for three (3) hours on every Wednesday beginning at 5:00 p.m. and ending at 8:00 p.m., which weekend visitation does not occur. 3. During summer vacation, Kayla and Quentin shall reside with Father, who shall assume primary physical custody of the children, subject to the following periods of partial physical custody with Mother: (A) Summer shall begin at 5:00 p.m. the Friday after the last day of school each year. (B) Kayla and Quentin shall spend every other weekend with their Mother beginning Friday at 5:00 p.m. and ending Sunday at 5:00 p.m. The Parties agree that the Mother will pick up the children for said visitations and the Father will provide the children's transportation back to his custody when said visitations are done. (C) Mother shall have additional periods of visitation for three (3) hours on every Wednesday beginning at 5:00 p.m. and ending at 8:00 p.m., which weekend visitation does not occur. (D) Mother shall have the opportunity to have Kayla and Quentin for seven (7) days during the summer for vacation purposes. The selected day(s) will be mutually determined by the parties and notice must be provided to Father at least fourteen (14) days in advance. 4. The Parties shall alternate the Thanksgiving Holiday. The Thanksgiving Holiday shall begin the day before Thanksgiving at 7:00 p.m. and end the day after Thanksgiving at 12:00 p.m. Mother shall have custody of the children on all "even" years and Father shall have custody on all "odd" years. 5. The Christmas Holiday will be divided into two segments. During "even" years, Mother shall have the children from December 23 after work until December 24 at 9:30 p.m. and Father shall have the children from December 24 at 9:30 p.m. until December 26 at 9:00 a.m. During "odd" years, Father shall have the children from December 23 after work until December 24 at 9:30 p.m. and Mother shall have the children from December 24 at 9:30 p.m. until December 26 at 9:00 a.m. 6. Mother will always have the children on Mother's Day and Father will always have the children on Father's Day. These periods of partial custody and visitation shall be at times to be agreed upon by the parties, it being the intention of the provision that they shall try to spend as much of the day as possible with Mother or Father. 7. Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties and both children, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. _c:p ? C? N Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tiaudemiilch@dzmmgia-,v.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN R. WASHINGER, Petitioner/Plaintiff No. 95-7025 (Civil Term) V. JOHN SHAFFER, III, Respondent/Defendant CIVIL ACTION - LAW (In Custody) PETITION FOR MODIFICATION AND NOW COMES Petitioner, Colleen R. Washinger, by and through her counsel Quintina M. Laudermilch, Esquire and Daley Zucker Meilton Miner & Gingrich, LLC, files this Petition for Modification. In support thereof, Petitioner avers as follows: 1. Petitioner is the Plaintiff, Colleen R. Washinger (hereinafter "Mother"), in the above referenced custody matter, who currently resides at 1768 Enders Road, Halifax, Dauphin County, Pennsylvania. 2. Respondent is the Defendant, John Shaffer, III (hereinafter "Father"), in the above referenced custody matter, whose last known address is 1919 Roxbury Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two minor children, namely, Kayla Marie Shaffer (hereinafter "Kayla"), whose date of birth is September 2, 1994 and Quentin Michael Shaffer (hereinafter "Quentin"), whose date of birth is December 23, 1995. 4. Pursuant to a November 3, 2006 Custody Order entered by the Honorable J. Wesley Oler, Jr. pursuant to an agreement of the parties, Mother currently has primary physical custody of the children during the school year and Father has periods of partial physical custody of the children. During the summer months, Father has primary physical custody of the children and Mother has periods of partial physical custody of the children. A copy of the November 3, 2006 Order is attached hereto as Exhibit "A" and incorporated by reference. 5. Over the course of the last year, Father was arrested on two separate occasions and charged with theft related offences and driving under the influence ("DUI") charges. A copy of the Court of Common Pleas Dockets for each are attached hereto as Exhibit "B" and "C" and incorporated by reference. 6. Mother believes and therefore avers that Father has been sentenced in both cases and is currently on probation for the theft offences and that his drivers' license has been suspended as a result of the DUI charges. 7. Since sometime in April 2007, Father was residing with his sister and her family at 1919 Roxbury Court, Mechanicsburg, Cumberland County, Pennsylvania; however, the children were typically spending their custodial time with Father's former wife, Valerie McCartt, at her residence located at 1025 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania. 8. On or about March 10, 2008, Mother learned that Father had moved out of his sister's house in Mechanicsburg and is now residing with a friend of his in Marysville, Pennsylvania. 9. Mother believes and therefore avers that the apartment in which Father is residing is an efficiency apartment with no separate bedrooms. 10. Mother is concerned that Father's current living arrangement is not suitable for the children to stay with him, especially during the upcoming summer months when Father is scheduled to have primary physical custody of the children. 3 11. Mother is concerned that without a drivers' license Father will be unable to properly care for the children during the summer months when he has primary physical custody. 12. Mother believes and therefore avers that the children's best interests will be served by granting Mother primary physical custody throughout the year with periods of partial custody to Father. 13. Mother 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. 14. Mother has no information of any other custody proceeding concerning the children pending in any court of this Commonwealth. 15. Mother does not know of any other person not a party to the proceedings, besides those who have been notified by this Petition, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. Each parent whose parental rights to the children have not been terminated and the person who has primary physical custody of the children has been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the children. 17. The children's best interest and permanent welfare will be best served by granting the relief requested because: a) Mother has a strong bond with the children; and b) Mother has taken an active interest in and has actively participated in the children's life and activities and has fostered the children's interests; and c) Mother continues to exercise parental duties and responsibilities and continues to enjoy the children's love and affection; and 4 d) Mother will continue to support and foster the children's relationship with Father; and WHEREFORE, Petitioner requests this Honorable Court to grant the Petition to Modify Custody and enter an Order granting Mother primary physical custody of the children throughout the year with periods of partial custody with Father consistent with the best interests of the children. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC )0 Dated: `? I ? ^` ; ? ?,??c? Quintina M. Laudermilch, Esquire Attorney I.D. No. 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 5 VERIFICATION 1, Colleen R. Washinger, verify that the statements made in the attached document 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. U rrf 1 f ??? 2 (JG ti Da e Colleen R. Washinger, Petitioner/Pl ntiff EXHIBIT "A" Quintina :M. Laudermilch, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN R. WASHINGER, Plaintiff No. 95-7025 CIVIL V. JOHN SHAFFER, III, Defendant CIVIL ACTION-LAW IN CUSTODY ORDER rd AND NOW, this 3 -day of 06v. _, 2006, upon presentation and consideration of the attached Agreement of the Parties, it is hereby ORDERED and DECREED that: Mother and Father will continue to share legal custody of Kayla and Quentin Shaffer. 2. Beginning October 22, 2006, Kayla and Quentin shall reside with their Mother during the school year, who shall assume primary physical custody of the children, subject to the following periods of partial physical custody with Father: (A) The school year shall begin at 5:00 p.m. the Friday prior to the first day of school each year. (B) Kayla and Quentin shall spend every other weekend with their Father beginning Friday at 5:00 p.m. and ending Sunday at 5:00 p.m. The Parties agree that the Father will pick up the children for said visitations and the Mother will provide the children's transportation back to her custody when said visitations are done. (C) Father shall have additional periods of visitation for three (3) hours on every Wednesday beginning at 5:00 p.m. and ending at 8:00 p.m., which weekend visitation does not occur. 3. During summer vacation, Kayla and Quentin shall reside with Father, who shall assume primary physical custody of the children, subject to the following periods of partial physical custody with Mother: (A) Summer shall begin at 5:00 p.m. the Friday after the last day of school each year. (B) Kayla and Quentin shall spend every other weekend with their Mother beginning Friday at 5:00 p.m. and ending Sunday at 5:00 p.m. The Parties agree that the Mother will pick up the children for said visitations and the Father will provide the children's transportation back to his custody when said visitations are done. (C) Mother shall have additional periods of visitation for three (3) hours on every Wednesday beginning at 5:00 p.m. and ending at 8:00 p.m., which weekend visitation does not occur. (D) Mother shall have the opportunity to have Kayla and Quentin for seven (7) days during the summer for vacation purposes. The selected day(s) will be mutually determined by the parties and notice must be provided to Father at least fourteen (14) days in advance. 4. The Parties shall alternate the Thanksgiving Holiday. The Thanksgiving Holiday shall begin the day before Thanksgiving at 7:00 p.m. and end the day after Thanksgiving at 12:00 p.m. Mother shall have custody of the children on all "even" years and Father shall have custody on all "odd" years. 5. The Christmas Holiday will be divided into two segments. During "even" years, Mother shall have the children from December 23 after work until December 24 at 9:30 p.m. and Father shall have the children from December 24 at 9:30 p.m. until December 26 at 9:00 a.m. During "odd" years, Father shall have the children from December 23 after work until December 24 at 9:30 p.m. and Mother shall have the children from December 24 at 9:30 p.m. until December 26 at 9:00 a.m. 6. Mother will always have the children on Mother's Day and Father will always have the children on Father's Day. These periods of partial custody and visitation shall be at times to be agreed upon by the parties, it being the intention of the provision that they shall try to spend as much of the day as possible with Mother or Father. 7. Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties and both children, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. BY THE COU J. 63% , r ,?,. ., ., ,• ?. r In 7:?v,;. ? hanc and a &,n ... 3 .......,?/ loo J, .. off. EXHIBIT `B" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0000618-2007 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 1 of 6 V. John Shaffer III CASE INFORMATION Cross Court Docket Nos: CR-0000015-07 Judge Assigned: Date Filed: 03/08/2007 Initiation Date: 01/16/2007 OTN: K5973855 Lower Court Docket No: CR-0000015-07 Initial Issuing Authority: Richard S. Dougherty Jr. Final Issuing Authority: Richard S. Dougherty Jr. Arresting Agenc rte. E Pennsboro Twp, Police Dept Arresting Officer: Shope, Adam Case Local Number Type(s) Case Local Number(s) Case Status: Closed Status Date 12/11/2007 10/23/2007 05/15/2007 03/09/2007 03/08/2007 03/08/2007 STATUS INFORMATION Processing Status Sentenced/Penalty Imposed Awaiting Sentencing Awaiting Pre-Trial Conference Awaiting Formal Arraignment Awaiting Filing of Information Awaiting ARD Hearing Complaint Date: 01/16/2007 CALENDAR `EVENTS Case Calendar Event Schedule Start Room Judge Name Schedule Type Start Date Time Status Formal Arraignment 05/15/2007 9:00 am Scheduled Pre-Trial Conference 08/28/2007 1:30 pm 4th Floor Moved Pre-Trial Conference 10/23/2007 1:30 pm 4th Floor Scheduled Sentencing 12/11/2007 9:30 am Courtroom 1 Judge J. Wesley Oler Jr. Scheduled Date Of Birth: Participant Type Defendant DEFENDANT INFORMATION 12/10/1970 City/State/Zip: Enola, PA 17025 CASE PARTICIPANT'S Name Shaffer, John III Recent entries made in the court riling offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0000618-2007 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 2 of 6 V. John Shafferlll SAIL INFORMATION Shaffer, John III Nebbia Status: None Bail Action Date Bail Tvpe Percentage Amount Bail Posting Status Posting Date Set 03/05/2007 ROR $0.00 Posted 03/05/2007 CHARGES Sequence Grade Section/ Description Statute Description Offense OTN Date 1 F3 18 §3921 §§A Theft By Unlaw Taking-Movable Prop 07/08/2005 K5973855 2 M1 18 § 3921 §§A Theft By Unlaw Taking-Movable Prop 07/08/2005 K5973855 DISPOSITION SENTENCING/PENALTIES Disposition Case Event Disposition Date Final Disposition Sequence/Description Offense Disposition Section Sentencing Judge Sentence Date Credit For Time Served Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date Sentence Conditions Linked Offense - Sentence Link Type Linked Docket Number Lower Court Proceeding (generic) Lower Court Disposition 03/05/2007 Not Final 1 / Theft By Unlaw Taking-Movable Prop Waived for Court (Lower Court) 18§3921§§A Guilty Plea Pre-Trial Conference 10/23/2007 Final Disposition 1 / Theft By Unlaw Taking-Movable Prop Dismissed 18§3921§§A Oler, J. Wesley Jr. 12/11/2007 2 / Theft By Unlaw Taking-Movable Prop Guilty Plea 18§3921 §§A Oler, J. Wesley Jr. 12111/2007 Probation Min of 23.00 Months 12/11/2007 Max of 23.00 Months Other Supervision for Collections Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET IQL Docket Number: CP-21-CR-0000618-2007 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. John Shaffer III COMMONWEALTH INFORMATION Name: Cumberland County District Attorney's Office Prosecutor Supreme Court No: Phone Number(s): (717) 240-6210 (Phone) Address: One Courthouse Square Carlisle PA 17013 Page 3 of 6 17/111?nn7 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. ATTORNEY INFORMATION Name: Ellen . Barry, Esq. Public Defender Supreme Court No: 029334 Counsel Status: Active Phone Number(s): (717) 240-6285 (Phone) (717) 240-7792 (Fax) Address: Cumberland County Public Defender's Office 1 Courthouse Square Carlisle PA 17013 Representing: Shaffer, John III COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET 'I&L 92 Docket Number: CP-21-CR-0000618-2007 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. John Shaffer III ENTRIES Document/Sequence CP Filed Date Title Comments Registry Entry Service To Issue Date Service Type 1 03/08/2007 Original Papers Received from Lower Court Filed By Service Status Page 4 of 6 Court of Common Pleas - Cumberland County 1 05/08/2007 Information Filed Cumberland County District Attorney's Office 1 05/15/2007 Acknowledgment of Arraignment and Public Defender Appointment, Filed Def. is to appear for PTC on 8/28/07 at 12:30pm and Trial on 9/10/07 at 9am. Barry, Ellen .. 1 09/04/2007 08/28/2007 Order of Court, Filed 8/28/07. In Re: Continuance. Trial is continued. The defendant is directed to appear for PTC on on 10/23/07 at 1:30pm and Trial on 11/5/07 at 9am. 9/5/07-Copies delivered Hess, Kevin A. 1 10/23/2007 Guilty Plea Oler, J. Wesley Jr. 2 10/23/2007 Guilty Plea Colloquy and Plea of Defendant, Filed 10/23/07. Barry, Ellen .. Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Document Date Service By Status Date COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0000618-2007 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. John Shaffer III ENTRIES Document/Sequence CP Filed Date Title Comments Registry Entry Document Date Service To Service By Filed B Issue Date Service Twe Status Date Service Status 1 11/01/2007 10/23/2007 Order of Court, Filed 10/23/07. In Re: Amending Information. The information is deemed amended to reflect a grading of the offense as a misdemeanor of the first degree. 11/1/07 - Copies delivered. Page 5 of 6 2 11/01/2007 10/2312007 Guilty Plea Order of Court, Filed 10/23/07. PSI is ordered. The Def. is to appear for sentence on Tuesday, 12/11/07 at 9:30am in Courtroom No. 1. 11/1/07 - Copies delivered. Oler, J. Wesley Jr. 1 12111/2007 Order - Sentence/Penalty Imposed 2 12/11/2007 Penalty Assessed Oler, J. Wesley Jr. Court of Common Pleas - Cumberland County Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0000618-2007 q&L CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 6 of 6 V. John Shaffer III CASE FINANCIAL' INFORMATION Last Payment Date: Total of Last Payment: $0.00 Shaffer, John III Assessment Payments Ad use tments Non Monetary Total Defendant Payments Costs/Fees State Court Cost (Act 204 of 1976) $10.00 $0.00 $0.00 $0.00 $10.00 Commonwealth Cost - HB627 (Act 167 $8.60 $0.00 $0.00 $0.00 $8.60 of 1992) County Court Costs (Act 204 of 1976) $27.90 $0.00 $0.00 $0.00 $27.90 Crime Victims Compensation (Act 96 $35.00 $0.00 $0.00 $0.00 $35.00 of 1984) Domestic Violence Compensation (Act $10.00 $0.00 $0.00 $0.00 $10.00 44 of 1988) Victim Witness Services (Act 111 of $25.00 $0.00 $0.00 $0.00 $25.00 1998) Firearm Education and Training Fund $5.00 $0.00 $0.00 $0.00 $5.00 (158 of 1994) JCP $8.00 $0.00 $0.00 $0.00 $8.00 ATJ $2.00 $0.00 $0.00 $0.00 $2.00 District Attorney (Cumberland) $19.00 $0.00 $0.00 $0.00 $19.00 Plea Fee (Cumberland) $150.00 $0.00 $0.00 $0.00 $150.00 Administrative Fee (Cumberland) $45.00 $0.00 $0.00 $0.00 $45.00 Sheriff Costs (Cumberland) $1.50 $0.00 $0.00 $0.00 $1.50 Automation Fee (Cumberland) $5.00 $0.00 $0.00 $0.00 $5.00 Non DUI Central Processing Cost $200.00 $0.00 $0.00 $0.00 $200.00 (Cumberland) Costs/Fees Totals: $552.00 $0.00 $0.00 $0.00 $552.00 Restitution Restitution - Unknown Recipient $3,697.00 $0.00 $0.00 $0.00 $3,697.00 Restitution Totals: $3,697.00 $0.00 $0.00 $0.00 $3,697.00 Grand Totals: $4,249.00 $0.00 $0.00 $0.00 $4,249.00 '* - Indicates assessment is subrogated AOPC 2220 - Rev 12/11/2007 Printed'. 1211112007 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. EXHIBIT "C" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Cross Court Docket Nos: CR-0000194-07 Judge Assigned: OTN: L3587673 Initial Issuing Authority: Mark W. Martin Arresting Agency: Upper Allen Twp, Police Dept Case Local Number Type(s) Commonwealth of Pennsylvania Docket Number: CP-21-CR-0002607-2007 CRIMINAL DOCKET Court Case V. Page 1 of 7 John Shaffer III CASE INFORMATION Date Filed: 10/12/2007 Initiation Date: 06/25/2007 Lower Court Docket No: CR-0000194-07 Final Issuing Authority: Mark W. Martin Arresting Officer: Miller, James R. Case Local Number(s) STATUS INFORMATION Case Status: Closed Status Date Processing Status 02/26/2008 Sentenced/Penalty imposed 01/15/2008 Awaiting Sentencing 11/20/2007 Awaiting Pre-Trial Conference 10/12/2007 Awaiting Formal Arraignment 10/12/2007 Awaiting Filing of Information 10/12/2007 Awaiting ARD Hearing Arrest Date: 06/25/2007 Complaint Date: 06/27/2007 CALENDAR EVENTS Case Calendar Event Schedule Start Room Judge Name Schedule Type Start Date Time Status Formal Arraignment 11/20/2007 9:00 am Jury Assembly Scheduled Room Pre-Trial Conference 01/15/2008 9:00 am 4th Floor Scheduled Sentencing 02/26/2008 9:30 am Courtroom 3 Judge Edward E. Guido Scheduled Date Of Birth 12/10/1970 Participant Type Defendant DEFENDANT INFORMATION City/State/Zip: Mechanicsburg, PA 17055 CASE PARTICIPANTS Name Shaffer, John III Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET IQL Commonwealth of Pennsylvania V. John Shafferlll BAIL INFORMATION Shaffer, John III Bail Action Date Bail Type Percentage Set 09/26/2007 ROR CHARGES Docket Number: CP-21-CR-0002607-2007 CRIMINAL DOCKET Court Case Page 2 of 7 Nebbia Status: None Amount Bail Posting Status Posting Date $0.00 Posted 09/26/2007 Sequence Grade Section/ Description Statute Description Offense OTN Date 1 M 75 §3802 §§A1" DUI: Gen Imp/Inc of Driving Safely - 1st 06/25/2007 L3587673 Off 2 M 75§ 3802 §§C* DUI: Highest Rte of Alc (BAC .16+) 1 st 06/24/2007 L3587673 Off DISPOS ITION SENTENCING/PENALTIES Disposition Case Event Disposition Date Final Disposition Sequence/Description Offense Disposition Section Sentencing Judge Sentence Date Credit For Time Served Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date Sentence Conditions Linked Offense - Sentence Link Type Linked Docket Number Lower Court Proceeding (generic) Lower Court Disposition 09/26/2007 Not Final 1 / DUI: Gen Imp/Inc of Driving Safely - 1st Off Waived for Court (Lower Court) 75§3802§§A1* 2 / DUI: Highest Rte of Alc (BAC .16+) 1st Off Waived for Court (Lower Court) 75§3802§§C" Guilty Plea Pre-Trial Conference 01/15/2008 Final Disposition 1 / DUI: Gen Imp/Inc of Driving Safely - 1st Off Dismissed 75§3802§§A1* Guido, Edward E. 02/26/2008 2 / DUI: Highest Rte of Alc (BAC.16+) 1st Off Guilty Plea 75§3802§§C* Guido, Edward E. 02/26/2008 Confinement Min of 72.00 Hours 02/29/2008 Max of 6.00 Months Other AOPC 2220 - Rev 0 212 7 /2 0 08 Print.d n9n7nnna Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET 9011, Am Docket Number: CP-21-CR-0002607-2007 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 3 of 7 V. John Shaffer III COMMONWEALTH INFORMATION ATTORNEY INFORMATION Name: Cumberland County District Attorney's Name: Shane Brien Kope, Esq. Office Prosecutor Supreme Court No: Phone Number(s): (717) 240-6210 (Phone) Address: One Courthouse Square Carlisle PA 17013 Private Supreme Court No: 092207 Counsel Status: Active Phone Number(s): (717) 761-7573 (Phone) (717) 761-7572 (Fax) Address: 4660 Trindle Rd Ste 201 Camp Hill PA 17011 Representing: Shaffer, John III Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0002607-2007 CRIMINAL DOCKET Court Case Document/Seguence CP Filed Date Title Comments Registry Entry Commonwealth of Pennsylvania V. John Shaffer III ENTRIES Document Date Service To Service By Filed By Issue Date Service Type Status Date Service Status 1 10/12/2007 Original Papers Received from Lower Court Page 4 of 7 Court of Common Pleas - Cumberland County 1 11/15/2007 Information Filed 1 11/20/2007 Entry of Appearance 2 11/20/2007 11/20/2007 Acknowledgment of Arraignment, filed 11/20/07. Def. is to appear for PTC on 1/15/08 at 8:30am and Trial on 1/28/08 at 9am. 1 01 / 15/2008 01/15/2008 Guilty Plea Colloquy & Plea of Defendant, filed 1/15/08. 2 01/15/2008 Guilty Plea 1 01/18/2008 01/15/2008 Guilty Plea Order of Court, filed 1/15/08. Def. is to appear for sentencing on 2/26/08 at 9:30am. DUI Report ordered. Copies delivered/mailed 1/23/08. AOPC 2220 - Rev 02/27/2008 Cumberland County District Attorney's Office Kope, Shane Brien Kope, Shane Brien Kope, Shane Brien Guido, Edward E. Printed Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0002607-2007 CRIMINAL DOCKET Court Case Document/Sequence CP Filed Date Title Comments Registry Entry Service To Issue Date Service Type Commonwealth of Pennsylvania V. John Shaffer III ENTRIES Document Date Service By Filed By Status Date Service Status Guido, Edward E. 1 02/26/2008 Order - Sentence/Penalty Imposed 2 02/26/2008 DL-21 Prepared. PennDOT 02/26/2008 1 Penalty Assessed Certified 02/27/2008 Page 5 of 7 Guido, Edward E. Lebo, Dennis E. Court of Common Pleas - Cumberland County PAYMENT PLAN SUMMARY Payment Plan No Payment Plan Freq. Next Due Date Active Overdue Amt Resoonsible Participant Suspended Next Due Amt 21-2008-P22 Monthly 03/15/2008 True $0.00 Shaffer, John III False $60.00 Payment Plan History: 01/30/2008 Payment $2,880.00 01/30/2008 Payment $120.00 n219719nnA Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Last Payment Date: Shaffer, John III Defendant Costs/Fees Alco - Blood (Carlisle) (Cumberland) State Court Cost (Act 204 of 1976) Commonwealth Cost - HB627 (Act 167 of 1992) County Court Costs (Act 204 of 1976) Crime Victims Compensation (Act 96 of 1984) Victim Witness Services (Act 111 of 1998) Firearm Education and Training Fund (158 of 1994) Emergency Medical Services (Act 45 of 1985) JCP ATJ CAT/MCARE (Act 13 of 2002) Substance Abuse Education (Act 198 of 2002) Substance Abuse Education (Act 198 of 2002) District Attorney (Cumberland) Plea Fee (Cumberland) Administrative Fee (Cumberland) Sheriff Costs (Cumberland) Automation Fee (Cumberland) Traffic Report Costs (Cumberland) Co DUI School (Cumberland) DUI Booking Fee (Cumberland) Costs/Fees Totals Fines Title 75, DUI Title 75, DUI Docket Number: CP-21-CR-0002607-2007 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. John Shaffer III Page 6 of 7 CASE FINANCIAL INFORMATION Total of Last Payment: $0.00 Assessment Payments Adjustments Non Monetary Total Payments $150.00 $0.00 $0.00 $0.00 $150.00 $10.00 $0.00 $0.00 $0.00 $10.00 $8.60 $0.00 $0.00 $0.00 $8.60 $27.90 $0.00 $0.00 $0.00 $27.90 $35.00 $0.00 $0.00 $0.00 $35.00 $25.00 $0.00 $0.00 $0.00 $25.00 $5.00 $0.00 $0.00 $0.00 $5.00 $10.00 $0.00 $0.00 $0.00 $10.00 $8.00 $0.00 $0.00 $0.00 $8.00 $2.00 $0.00 $0.00 $0.00 $2.00 $50.00 $0.00 $0.00 $0.00 $50.00 $150.00 $0.00 $0.00 $0.00 $150.00 $150.00 $0.00 $0.00 $0.00 $150.00 $19.00 $0.00 $0.00 $0.00 $19.00 $150.00 $0.00 $0.00 $0.00 $150.00 $45.00 $0.00 $0.00 $0.00 $45.00 $1.50 $0.00 $0.00 $0.00 $1.50 $5.00 $0.00 $0.00 $0.00 $5.00 $8.00 $0.00 $0.00 $0.00 $8.00 $200.00 $0.00 $0.00 $0.00 $200.00 $200.00 $0.00 $0.00 $0.00 $200.00 $1,260.00 $0.00 $0.00 $0.00 $1,260.00 $500.00 $0.00 $0.00 $0.00 $500.00 $500.00 $0.00 $0.00 $0.00 $500.00 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0002607-2007 CRIMINAL DOCKET Court Case Shaffer, John III Defendant Fines Totals: Grand Totals: "* - Indicates assessment is subrogated Commonwealth of Pennsylvania V. John Shaffer III CASE FINANCIAL INFORMATION Assessment Payments Adjustments Non Monetary Payments $1,000.00 $0.00 $0.00 $0.00 $2,260.00 $0.00 $0.00 $0.00 Page 7 of 7 Total $1,000.00 $2,260.00 AOPC 2220 - Rev 02!27/2008 Printed: 02/27/2008 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. CERTIFICATE OF SERVICE AND NOW, this /" day of Pot-11 2008, I, Jennifer L. Carl, Paralegal, hereby certify that I have this day served a copy of the Petition for Modification, by mailing same via regular U.S. Mail, addressed as follows: John Shaffer, III 1919 Roxbury Court Mechanicsburg, PA 17055 DALEYZUCKER MELTON MINER & GINGRICH, LLC By: Je ifer L. Carl,` aralegal 9 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 a ? .. ?p w ? ? --4 ? ? ,, _ O R> ..ca ?w;, ? ? _ ? 6' t31 ? -# COLLEEN R. WASHINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1995-7025 CIVIL ACTION LAW JOHN SHAFFER, III IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 18, 2008 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 22, 2008 at 10:30 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. 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/ Hubert X. Gilroy, Es q. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 O%.:Z I-'d I Z U G80Z Quintina M. Laudermilch, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudemiilch@,dznunglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN R. WASHINGER, Plaintiff No. 95-7025 CIVIL V. JOHN SHAFFER, III, CIVIL ACTION-LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 28a' day of April, 2008, I, Quintina M. Laudermilch, Esquire, hereby certify the following person was served with a Certified Copy of the Petition to Modify Custody filed in the above-referenced matter. This document was mailed on April 23, 2008 in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, and Regular United States Mail addressed as follows: John Shaffer, III 1919 Roxbury Court Mechanicsburg, PA 17055 A copy of the USPS Certified Mail Receipt and Return Receipt evidence delivery to Mr. Shaffer on April 26, 2008 is attached hereto as Exhibit "A" and is by reference incorporated herein and made a part hereof. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Qumtina M. Laudermilch, Esquire Attorney I.D. No. 94664 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff EXHIBIT "A" so d p Domestic A A I I G' rn Postage S a cermled Fee ° o w O Restricted Dellmy Fee t r (Endorsement Required) so rU C Total Postage & Fees $ Q - Pomma* 2 3 2NO C3 JOHN SHAFFER ASPS rti w xb;. - ------------ -------- -- ----------------- ----------------------- orPOaarrNa 1919 ROXBURY COURT Z3y `` ' --- MECHANICSBURG,PA 17055 ! Milr Nam 1, 2 oW 3. Abo canpNle? am' MAm!Mr-sflDWKwyb fail • r cw.. and adtins 1 on the nwom a>f f Mrs an FOU111 the card to you. 0 ? 1hb card to to beck of the rrallpioe. w a i the front R space pm,, O. 1. AlIMMrAddir?dtoc MR. JOHN SHAFFER 1919 ROXBURY COURT MUCHANICSBURG, PA 17055 x ?V .,-- B Rwdvsd by (Pn4Nad N64 C. !j -01 D. Ill ddvwy addxm We - flan cam 11 ? 10 I(YK ~ ddhwy nddrn blow. O No a. ?fim VVN Md b bpm and O R?gl - I O Rsher Rt?olpt for M&*Amdhw D Mwir w and D ao.D. 4. RrtrloMd DMwry4 Oft Fey Q va s ,Nl4rt POW 7004 2690 '0001 393x1 1006 fe ft m w 1. FIIMtmy =4 ? `" _. h r^xr .: ??: ryi' G7 ; [ i. ? ?' : 8"7"1 s. T ?i-' ? ??? ?\) `?' y s ' COLLEEN R. WASHINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW JOHN SHAFFER, III, NO. 1995-7025 Defendant IN CUSTODY COURT ORDER AND NOW, this day of June, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of November 3, 2006, is ratified subject to the modifications as set forth below: For the summer of 2008, mother shall continue to have primary custody of the minor children with father having temporary custody on alternating weekends and pursuant to the holiday schedule that is already in place. 2. During the summer of 2008, father shall also have at least one week of vacation with the minor children at a time as arranged between the parties. 3. The parties shall examine future summer custody arrangements and discuss the possibility of returning to the prior schedule where father had primary custody during the summer. 'T'his discussion shall be centered upon father's ability to care for the two children during the summer months. If the parties are unable to reach an agreement on that issue, either party may ask the Court to have the case again referred to the Custody Conciliator for a conference. 4. The parties shall limit communications on custody issues to communications between themselves and the parties shall not use the children as intermediaries with respect to modifications or other issues relating to the custody schedule. BY THE COURT, J esley Oler, , Judge cc: 1- nQuintina M. Laudermilch, Esquire /Ms. John Shaffer, III t£S rn?cC£c? G /%?8 V;' V VA tAS YI V del ry 0 1 :$ WV 01 Nnr 8ooZ 3DWO- W _ y COLLEEN R. WASHINGER, Plaintiff V JOHN SHAFFER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1995-7025 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kayla Marie Shaffer, born September 2, 1994 Quentin Michael Shaffer, born December 23, 1995 2. A Conciliation Conference was held on June 2, 2008, with the following individuals in attendance: The father, John Shaffer, III, who appeared without counsel, and the mother, Colleen R. Washinger, with her counsel, Quintina M. Laudermilch, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: June 4 , 2008 Hubert X. Gilr y, Esquire Custody Co iliator