HomeMy WebLinkAbout00-01094
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SHERRY L. BITTINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
:MICHAEL STOLTENBURG,
Defendant
: NO. 00- /0 9 'f CIVIL TERM
LAW
: CIVIL ACTION
: CUSTODY
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CUSTODY ORDER 0~ l'V
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AND NOW, this l OS f day of 1/11'\2-" L- L, ,2009, upon consideration of~8 =.::
parties' Consent Agreement, the following Order is entered with regard to custody ofthe:p~es'~
children, Mariah Stoltenburg, d.o.b. 8/7/93, and Carisa Stoltenburg, d.o.b. 9/16/90. =< ~
I. Plaintiff, Sherry L. Bittinger, hereinafter referred to as the mother, and Defendant,
Michael Stoltenburg, hereinafter referred to as the father, shall share legal custody of the child.
2.
The mother shall.have primary physical custody of the children.
3.
schedule:
The father shall have partial custody of the children according to the following
a.) Every weekend from Friday at 6:30 p.m. until Sunday at 7:30 p.m. subject
to the mother's right to have custody on selected weekends as agreed upon
by the parties and upon reasonable notice to the father.
b.) Periods during the swnrner as agreed by the parties.
c.) Other times agreed upon by the parties.
4. The mother and father shall share periods of custody Qn Christmas Day and
Christmas Eve each year as follows: the mother shall have the children from noon on Christmas
Eve until noon on Christmas Day, and the father shall have the children from noon on Christmas
Day until noon on December 26.
5. The father shall have the children on Thanksgiving Day.
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6. The mother and father shall alternate periods of custody on Easter as follows: the
mother shall have the children on years that end in an odd number and the father shall have the
children on years that end in an even number.
7. The mother and father shall alternate periods of custody for New Year's Eve and
New Year's Day as follows: the mother shall have the children from noon on New Year's Eve
lll1tilnoon on New Year's Day in years that end in an odd number. The father shall have the
children from noon on New Year's Eve until noon on New Year's day in years that end in an
even number.
8. The mother and the father shall alternate periods of custody for the children's
birthdays as follows: the mother shall have the children on their birthday in years ending in an
odd number and the father shall have the children on their birthday in years that end in an even
number.
9. The mother and father shall share custody on all other holidays as agreed upon by
the parties.
10. The mother and the father, by mutual agreement, may vary from this schedule at
any time, but the Order shall remain in effect until further Order of Court.
11. The mother and the father agree that each shall notify the other immediately of
medical emergencies which arise while the children are in that parent's care. Each parent will
notify the other of all medical care the children receive while in that parent's care.
12. Neither the mother nor the father shall drink to excess or use illegal drugs while
the children are in their custody
13. The parties realize that their children's well being is paramount to any differences
they nlight have between themselves. Therefore, they agree that neither party shall do anything
which may estrange the child from either parent, or injure the opinion of the child as to the other
parent or which may hamper the free and natural development of the child's love or respect for
the other parent.
By the Court,
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If entered pursuant to the consent of the Plaintiff and the Defendant:
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Sherry L. Bitti ger, Plaintiff
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Attorney for the PlamtIff
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SHERRY L. BITTINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 00- }DCI r CIVIL TERM
MICHAEL STOLTENBURG,
Defendant
: CIVIL ACTION - LAW
: CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Sherry L. Bittinger, residing at 519 Cherry Ct., Carlisle, Cumberland
County, Pennsylvania.
2. The defendant is Michael Stoltenburg, residing at 181 Big Spring Terrace, Newville,
Cumberland County, Pennsylvania.
3. The mother seeks custody of the following children:
Name
Mariah StQltenburg
Carisa Stoltenburg
Present Residence
519 Cherry Ct., Carlisle, PA
519 S::herry Ct., Carlisle, PA
Age
6 years
9 years
The children were born out of wedlock.
The children are presently in the custody of the mother who resides at 5 I 9 Cherry Ct.,
Carlisle, Pennsylvania.
During the children's lifetimes, they have resided with the following persons and at the
following addresses:
1.
Name
Carisa Stoltenburg
Sherry Bittinger
Michael Stoltenburg
Address
204 Meadow Dr., Shippensburg, P A
Date
1990-1997
2.
Mariah Stoltenburg
Sherry Bittinger
Michael Stoltenburg
204 Meadow Dr., Shippensburg, P A
1993-1997
. .
3.
Mariah Stoltenburg
Sherry Bittinger
B Lincoln St., Carlisle, P A
1997-1998
4.
Carisa Stoltenburg
Michael Stoltenburg
Carrie Stoltenburg
Kaitlin Stoltenburg
181 Big Spring Terr., Newville, PA 1997-1999
5.
Carisa Stoltenburg
Mariah Stoltenburg
Sherry Bittinger
519 Cherry Ct., Carlisle, PA
1999-Present
The mother of the children is Sherry Bittinger, currently residing at 519 Cherry Ct.,
Carlisle, Pennsylvania.
She is not married.
The father of the children is Michael Stoltenburg, currently residing at 181 Big Spring
Terrace, Newville, Pennsylvania.
He is married.
4. The relationship of plaintiff to the children is that of the mother.
5. The relationship of defendant to the children is that of I. he father.
The defendant currently resides with the following persons:
Name
Carrie Stoltenburg
Kaitlin Stoltenburg
Relationship
Wife
Stepdaughter
6. The plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
7. The plaintiff has no information of a custody proceeding concerning the child pending
in a court of this Commonwealth.
8. The plaintiff does not know of a person not a party to the proceedings who has
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physical custody of the children or claims to have custody or visitation rights with respect to the
children.
9. The best interest and permanent welfare of the children will be served by granting the
relief requested for reasons including the fact that the parties' agree that it is in the children's best
interests that they reside with the mother.
10. Each parent whose parental rights to the children have not been terminated have been
named parties to this action.
WHEREFORE, the plaintiff requests that this Court grant primary physical custody of the
children to her.
Respectfully submitted,
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Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I verify that I am the Plaintiff as designated in the present action and that the facts and
statements contained in the above complaint are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of I 8 Pa.C.S. g4904, relating
to unsworn falsification to authorities.
Dated: ;;)- jff'6h
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Sherry L. ~nger, Plaintiff
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SHERRY_L. BITTINGER,
plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
MICHAEL STOLTENBURG,
Defendant/Petitioner
CIVIL ACTION - LAW
IN CUSTODY
00-1094 CIVIL TERM
AND NOW, this 9th day of November, 2001, upon
consideration of Defendant's Petition for Special Relief Pursuant
to Rule 1915.13, and following a conference in'chambers in which
Plaintiff was represented by Joan Carey, Esquire, and Defendant
was represented by Karen Kurts, Certified Legal Intern, Family Law
Clinic, supervised by Teri I. Henning, Esquire, and pursuant to an
agreement reached at the conference, it is ordered and directed,
pending the conciliation conference scheduled in this matter, as
follows:
1. Custody of the parties' children, Mariah
Stoltenburg (date of birth August 7, 1993) and Carisa Stoltenburg
(date of birth September 16, 1990), shall be in Plaintiff each
weekend from Friday at 6:00p.m. until Sunday at 6 p.m.; provided,
that, where the following Monday is a school holiday, Plaintiff's
period of custody shall extend until 6:00 p.m. on that Monday.
2. At all remaining times, custody of the said
children shall be in Defendant.
3. Neither party shall remove the children or either
of them from the central Pennsylvania area, nor shall secrete the
location of either child from the other party at any time.
4. TransportatiDn with respect to exchanges of
custody shall be the responsibility of the party receiving
custody.
5. Nothing herein is intended to preclude the
parties frDm devia~~ng from the terms of this order by mutual
agreement or from making such other arrangements as to custody as
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they choose by mutual agreement.
By the Court,
Joan Carey, Esquire
Mid-Penn Legal Services
8 Irvine Road
Carlisle, PA 17013
For the Plaintiff/Respondent
Karen Kurts, Certified Legal Intern
45 North pitt Street
Carlisle, PA 17013-2899
For the Defendant/Petitioner
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NOIf 0 :1 2001 r-
SHERRY L BITTINGER,
Plaintiff/Respondent
IN THE COURT OF C0:Ml\10N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CML ACTION-LAW
IN CUSTODY
MICHAEL STOLTENBURG,
Defendant/Petitioner
NO. 00-1094
CNIL TERM
TEMPORARY CUSTODY ORDER
AND NOW, this
day of November, 2001, based upon the petition of Michael
Stoltenburg, it is hereby ordered and decreed that:
Michael Stoltenburg shall have primary physical custody of the children, Mariah
Stoltenburg, and Caris a Stoltenburg, pending conciliation in this matter.
Sherry L. Bittinger shall have partial physical custody, every weekend from Friday at 6
p.m. until Sunday at 6 p.m., pending conciliation in this matter, and at such other times as the
parties may agree.
Neither party shall remove either child from the Commonwealth of Pennsylvania, until
further Order of Court.
This Order shall remain in effect until modified by agreement of the parties or further
Order of Court.
BY THE COURT:
J.
SEERRY L. BITTINGER,
Plaintiffi'Respondent
IN TEE COURT OF COl\1MON PLEAS OF
CutvIBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN CUSTODY
MICHAEL STOLTENBURG,
Defendant/Petitioner
NO.00-1094 CIVIL TERM
PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13
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Petitioner, Michael Stoltenburg, by and through his attorneys, the Family Law Clinic,
petitions this court for special relief pursuant to Pa.R.c.P. 1915.13 to maintain primary custody
of the parties' children, Mariah Stoltenburg, d.o.b. 8/7/93, and Carisa Stoltenburg, d.o.b. 9/16/90,
pending conciliation in this matter, and avers the following in SUPPOlt thereof:
1. Petitioner, Michael Stoltenburg (Father), is the biological father of the children.
2. Respondent, Sherry Bittinger (Mother), is the biological mother of the children.
3. On March 1, 2000, pursuant to the consent of the parties, this Court entered a
Custody Order in this matter. A true and correct copy of the March 1, 2000
Custody Order is attached hereto.
4. Under the March 1, 2000 Custody Order, Mother was granted primary physical
custody of the children, and Father was granted periods of partial
physical custody.
5. Despite the March 1, 2000 Order, Mariah Stoltenburg has lived with Father since
June of 2000. Mariah has been living with her Father continuously since that
time.
6. In August 2001, Mother took Carisa Stoltenburg to live with Father and moved to
Florida. Carisa has been living with her Father.since that time.
7. The children are currently enrolled in the Big Spring School District. Carisa is in
5th grade. Mariah is in 3" grade.
8. Father has been living at the same residence for five years.
9. At the beginning of November, 2001, Mother returned to the Carlisle area. Upon
information and belief, Mother is currently staying with her sister in Carlisle and
does not have a residence of her own.
10. When the children were in the custody of Mother they did not have a stable
living environment. She moved multiple times when she had custody of the
children, sometimes taking only one child with her and leaving the other one with
Father. She has also moved to Florida on two separate occasions without the
children, once in June of 2000 and again in August of 200 1.
II. Mother has informed Father that she would like custody of the children this
weekend, from Friday, November 9,2001, until Monday, November 12, 2001.
12. Father does not object to Mother spending time with the children, and is willing to
agree to partial physical custody of the children every weekend, pending
conciliation in this matter.
13. Mother's temporary residence is not in the children's school district.
14. Under the March 1, 2000 Custody Order, Mother has primary physical custody of
the children. Father believes that it is in the children's best interest to remain with
him, pending conciliation in this matter. Father is concerned that Mother will not
return the children after her weekend visit.
IS. On November 9,2001, Father filed a Petition to Modify Custody in this matter.
The parties are currently waiting for a conciliation to be scheduled.
16.
On November 9,2001, the Family Law Clinic contacted counsel for Mother in
this matter, Joan Carey, Esquire, to ask whether she concurred with this Petition.
Ms. Carey informed the Family Law Clinic that she would not concur with this
Petition, and that she would like the opportunity to be heard by the Court before
an Order is entered in this matter.
WHEREFORE, Petitioner respectfully requests this Court to enter an Order granting
Father primary physical custody of the children pending conciliation in this matter, with liberal
periods of partial custody for Mother.
November 9,2001
K;G! f(wk
Certified Legal Intern
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Robert E. Rains
Teri L. Henning
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
SHERRY L. BITTINGER,
Plaintiff
: IN THE COURT OF CO:MMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 00- /09'1'
CIVIL TERM
MICHAEL STOLTENBURG,
Defendant
: CIVIL ACTION - LAW
: CUSTODY
CUSTODY ORDER
AND NOW, this ) ~l:. . day of J!)OSc.h ,2000, upon consideration of the
parties' Consent Agreement, the following Order is entered with regard to custody of the parties'
children, Mariah Stoltenburg, d.o.b. 8/7/93, and Carisa Stoltenburg, d.o.b. 9/16/90.
1. Plaintiff, Sherry L. Bittinger, herebafter referred to as the mother, and Defendant,
Michael Stoltenburg, hereinafter referred to as the father, shall share legal custody of the child.
2. The mother shall have primary physical custody of the children.
3. The father shall have partial custody of the children according to the following
schedule:
a.) Every weekend from Friday at 6:30 p.m. until Sunday at 7:30 p.m. subject
to the mother's right to have custody on selected weekends as agreed upon
by the parties and upon reasonable notice to the father.
b.) Periods during the summer as agreed by the parties.
. c.) Other times agreed upon by the parties.
4. The mother and father shall share periods of custody on Christmas Day and
Christmas Eve each year as follows: the mother shall have the children from noon on Christmas
Eve until noon on Christmas Day, and the father shall have the children from noon on Christmas
Day until noon on December 26.
5. The father shall have the children on Thanksgiving Day.
6. The mother and father shall alternate periods of custody on Easter as follows: the
mother shall have the children on years that end in an odd number and the father shall have the
children on years that end in an even number.
7. The mother and father shall alternate periods of custody for New Year's Eve and
New Year's Day as follows: the mother shall have the children from noon on New Year's Eve
until noon on New Year's Day in years that end in an odd number. The father shall have the
children from noon on New Year's Eve until noon on New Year's day in years that end in an
even number.
8. The mother and the father shall altemate periods of cUstody for the children's
birthdays as follows: the mother shall have the children on their birthday in years ending in an
odd number and the father shall have the children on their birthday in years that end in an even
number.
9. The mother and father shall share custody on all other holidays as agreed upon by
the parties.
10. The mother and the father, by mutual agreement, may vary from this schedule at
any time, but the Order shall remain in effect until further Order of Court.
II. The mother and the father agree that each shall notifY the other immediately of
medical emergencies which arise while the children are in that parent's care. Each parent will
notify the other of all medical care the children receive while in that parent's care.
12. Neither the mother nor the father shall drink to excess or use illegal drugs while
the children are in their custody
13. The parties realize that their children's well being is paramount to any differences
they might have between themselves. Therefore, they agree that neither party shall do anything
which may estrange the child ~orp eitherparerrf;cif'iiijure the opinion o'rfIfe-cliiIa-as totbeother
pareiirorwIll~h mayhan)p'eIth<e.tre~ and natural de~eiopmenrotTfiechi1d's love or'respect for "
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By the Court,
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Prothonct~
If entered pursuant to the consent of the Plaintiff and the Defendant:
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Sherry L. Bittinger, Plaintiff .' Michael S oltenburg, Defendant /
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clan Carey . 7 . .
Attorney for the Plamtlff
VERIFICATION
I verifY that the statements made in this petition are true and correct. I understand that false
statements herein are subject to the penalties of 18 Pa. C.S. g 4904 relating to unsworn falsification
to authorities.
Date 11/1/01
SHERRY L. BITTINGER,
Plaintiffi'Respondent
IN THE COURT OF C01\1MON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN CUSTODY
WCHAEL STOLTENBURG,
Defendant/Petitioner
: NO. 00-1094
CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Michael Stoltenburg, Petitioner, to proceed in forma pauperis.
I, Karen L. Kurts, of the Family Law Clinic, Certified Legal Intern, for the party
proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that
I am providing free legal service to the party.
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K en L. Kurts
Certified Legal Intern
7- '- 1!;2/
~AS M. PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
THE FAMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Attorneys for Plaintiff
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SHERRY L. BITTINGER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, pENNSYL V ANlA
v.
00-1094 CIVILACTIDNLAW
:MICHAEL STOLTENBURG
DEFENDANT
IN CUSTODY
ORD.ER OF COURT
AND NOW,
Thursday, November 15, 2001
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator,
at 4th Floor, Cumberland Connty Courthonse, Carlisle on Wednesday, December 05, 2001 at 9:30 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 defme 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: Isl
Jacqueline M. Verney. Esq.';1./l/\
Custody Conciliator V
The Court of Common 1'Ieas 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
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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V NOV 1 3 2001 P'--
SHERRY L BITTINGER,
Plaintiffi'Respondent
IN THE COURT OF C0Ml\10N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CML ACTION-LAW
IN CUSTODY
MICHAEL STOLTENBURG,
Defendant/Petitioner
NO. 00-1094
CN1L TERM
ORDER OF COURT
AND NOW, this
day of
, 200 I, upon consideration of the
attached complaint, it is hereby directed that the parties and their respective counsel appear
before,
, the conciliator, at
on the _ day of
,2001, at
m., for a Pre-Hearbg Custody
Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter
into a temporary order. All children age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry of a temporary or permanent
order.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT 1M VE 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, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For 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 heanng
or business before the court. You must attend the scheduled conference or hearing.
SHERRY L. BITTINGER,
PlaintifflRespondent
IN THE COURT OF CO:M:MON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNILACTION-LAW
IN CUSTODY
V.
MICHAEL STOLTENBURG,
Defendant/Petitioner
NO. 00-1094
CNIL TERM
PETITION FOR MODIFICATION OF
CUSTODY ORDER
1. The petition of Michael Stoltenburg, respectfully represents that on March 1, 2000,
an Order of Court was entered for the custody of Mariah Stoltenburg, d.o.b. 8/7/93, and Carisa
Sto1tenburg, d.o.b. 9/16/90, a true an-d correct copy of which is attached.
2. This Order should be modified because:
a. Father has had primary physical custody of the children due to Mother's absence.
Mariah Stoltenburg has been living with Father since June 2000. Carisa Stoltenburg has been living
with Father since August 200 I, when Mother moved to Florida.
b. Father has acted as the children's primary care giver in the past.
c. Fatherprovides astable living environment for the children. Father has had stable
employment for the last year. Father has lived in the same house for the last five (5) years. Father
has created a loving and nurturing living environment for the children.
d. Mother has ahistory offrequently moving from residence to residence, which does
not provide a stable living environment for the children. Mother has moved between Florida and
Pennsylvania on at least two (2) occasions in the last eighteen (18) months. Upon information and
belief, Mother changed residences on at least six (6) occasions between August 200 1 and November
200 I, while in Florida.
e. Father has children enrolled in the Big Spring School District. It is in the best
interest of the children to remain in their school and classroom environments.
WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody,
granting Father primary physical custody, because it will be in the best interest of the children.
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Kar n L. Kurts
Certified Legal Intern
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T MAS M. PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
November 9,2001
FAMILY LAW CLINIC
45 N. Pitt. St.
Carlisle, PA 17013
717 243-2968
'. .
SHERRY L. BIITINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00- /0'1'1
CNIL TERM
NITCHAELSTOLTENBUR~
Defendant
: CNIL ACTION - LAW
: CUSTODY
CUSTODY ORDER
AND NOW, this ) ~t. day of J!)a.rc.h ,2000, upon consideration of the
parties' Consent Agreement, the following Order is entered with regard to custody of the parties'
children, Mariah Stoltenburg, d.o.b. 8/7/93, and Carisa Stoltenburg, d.o.b. 9/16/90.
1. Plaintiff, Sherry L. Bittinger, hereinafter referred to as the mother, and Defendant,
Michael Stoltenburg, hereinafter referred to as the father, shall share legal custody of the child.
2.
The mother shall have primary physical custody of the children.
,
".
schedule:
The father shall have partial custody of the children according to the following
a.) Every weekend from Friday at 6:30 p.m. until Sunday at 7:30 p.m. subject
to the mother's right to have custody on selected weekends as agreed upon
by the parties and upon reasonable notice to the father.
b.) Periods during the summer as agreed by the parties.
c.) Other times agreed upon by the parties.
4. The mother and father shall share periods of custody on Christmas Day and
Christmas Eve each year as follows: the mother shall have the children from noon on Christmas
Eve until noon on Christmas Day, and the father shall have the children from noon on Christmas
Day until noon on December 26.
5. The father shall have the children on Thanksgiving Day.
6. The mother and father shall alternate periods of custody on Easter as follows: the
mother shall have the children on years that end in an odd number and the father shall have the
children on years that end in an even number.
7. The mother and father shall alternate periods of custody for New Year's Eve and
New Year's Day as follows: the mother shall have the children from noon on New Year's Eve
until noon on New Year's Day in years that end in an odd number. The father shall have the
children from noon on New Year's Eve until noon on New Year's day in years that end in an
even number.
8. The mother and the father shall alternate periods of custody for the children's
birthdays as follows: the mother shall have the children on their birthday in years ending in an
odd number and the father shall have the children on their birthday in years that end in an even
number.
9. The mother and father shall share custody on all other holidays as agreed upon by
the parties.
10. The mother and the father, by mutual agreement, may vary from this schedule at
any time, but the Order shall remain in effect until further Order of Court.
II. The mother and the father agree that each shall notifY the other immediately of
medical emergencies which arise while the children are in that parent's care. Each parent will
notifY the other of all medical care the children receive while in that parent's care.
12. Neither the mother nor the father shall drink to excess or use illegal drugs while
the children are in their custody
13. The parties realize that their children's well being is paramount to any differences
they might have between themselves. Therefore, they agree that neither party shall do anything
which may estrange the child from eithe~QTIDJUre the opinion oftliecIiildait.othe other
'p'areiii"oi-whlchrn~y, h.~p~r thy fr,~~. an~E~n:T~_~evefopmenfOfTfiediild's love oi-respect fOf" ,'.
the'other parent. .... .... ..---......-.,-..".... .......~......."...,.,-
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By the Court,
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~ ~Y~.:;'a;lt,', ::....,'......'f1 ~ i.~\1<)J\:~t 1'il';._"o-'.Jt>::.!l..,2."
in T[:~;ri';n'l:'Hl'{ '.,.-~:J. rr::cf i f: "1':, ~>;!":' ~,}t m~/ h2r~i
Emd ih,:-. S8:.:! of s~:jd CO'Jrl tlt Ccr!islSJ Pd.
t!xi~nf;~
Prothonot~
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If entered pursuant to the consent of the Plaintiff and the Defendant:
a.<'f~ ! Ji' ,- / F C ?a ,d?
Sherry 1. Bitti ger, Plaintiff . Michael Stoltenburg, Defendant
~~/
OM Carey 'J
~ttorney for the Plaintiff
.
VERIFICATION
Understanding that the making of any false statement would subject me to the penalties
of 18 Pa.C.S 9 4904, I verify that I am the Plaintiff in the present action, and that the facts and
statements contained in the above Petition are true and correct, to the best of my knowledge,
information and belief.
Date: -11-/.ll 01
Michael St ltenburg
., ,
.
.
SHERRYL. BITTINGER,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION-LAW
IN CUSTODY
MICHAEL STOLTENBURG,
Defendant/Petitioner
NO. 00-1094
CIVIL TERM
CERTIFICATE OF SERVICE
I, Karen L. Kurts, of the Family Law Clinic, hereby certify that I served a true and correct
copy of the Petition to Modify Custody on Joan Carey, Respondent's attorney, by mailing the
same to her at MidPenn Legal Services, 8 Irvine Row, Carlisle, Pa 17013 on November 9,2001.
Date: II-CJ-O(
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SHERRY L. BITTINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1094 CIVIL
MITCHAELSTOLTENBURG,
Defendant
: CUSTODY
PRAECIPE TO ENTER APPEARANCE
I, Joan Carey, of MidPenn Legal Services, enter my appearance as Attorney for
Plaintiff, Sherry L Bittinger, in the above captioned case.
II /,;Lo /0 I
/ I Date
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U oan Carey
Attorney at Law
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
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SHERRY L. BITTINGER,
Plaintif:EiRespondent
IN THE COURT OF C0Ml\10N PLEAS OF
CUMIlERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN CUSTODY
MICHAEL STOLTENBURG,
DefendantlPetitioner
NO. 00-1094
CIVIL TERM
AMENDED CERTIFICATE OF SERVICE
I, Karen L. Kurts, of the Family Law Clinic, hereby certify that I served a true and conect
copy of the Petition to ModifY Custody and Order of Court scheduling conciliation on Joan
Carey, Respondent's attomey, by mailing the same to her at MidPenn Legal Services, 8 Irvine
Row, Carlisle, Pa 17013 on November 20,2001.
Date: I h~{) -0 I
~J{~1M ci ~-h-
Karen L. Kurts
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JAN 11 2002 jJ.-
,
SHERRY L. BITTINGER,
Plaintiffi'Respondent
IN THE COURT OF COl\1MON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN CUSTODY
MICHAEL STOLTENBURG,
Defendant/Petitioner
NO.00-1094 CNIL TERM
TEMPORARY CUSTODY AGREEMENT AND ORDER OF COURT
TillS AGREEMENT, made this '7.. i r-I- day of December, 2001, between Michael
Stoltenburg, hereinafter Father, and Sherry L. Bittinger, hereinafter Mother, concerns the custody
of their children, Mariah Stoltenburg, born August 7, 1993, and Carisa Stoltenburg, born
September 16, 1990.
Mother and Father are the biological parents of the children and desire to enter into an
agreement as to the custody of the children.
Mother and Father agree as follows:
1. Mother and Father shall have shared legal custody of the children.
2. Father shall have primary physical custody of the children, and Mother shall have
partial physical custody of the children, as set forth in this Agreement and Order.
3. Mother shall have custody of the children three out of every four weekends, from
Friday at 6:00 p.m. until Sunday at 6:00 p.rn. The parties shall agree as to which weekend
each month that the father shall have custody of the children.
4. Mother shall have custody of the children every Wednesday from 5 p.m. until 8 p.m.,
provided that she can share in the transportation of the children (unless otherwise agreed
by the parties t
i='\1 ED-r\::~.:tCE
OF ,1-4::'- ow,,"i'l~l~i',IIJTARY
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02 JAN I I PI; 3: 35
CUMBERLA\iD caUNiY
PENNSYLVA1\1lA
............-...
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5. Holidays:
a. School Holidavs: If a school holiday falls on a Monday following a weekend
in which Mother has custody of the children, Mother's period of custody shall
extend until Monday at 6:00 p.m. If a school holiday falls on a Friday prior to a
weekend in which Mother has custody of the children, Mother's period of custody
shall begin on Thursday evening at 6:00 p.m. On other school holidays, if the
Father works on that day, Mother shall have custody of the children dUling the
hours that Father works.
b. Christmas: In 2001, Mother shall have custody of the children from noon on
Christmas Eve until noon on Christmas Day. Father shall have custody of the
children from noon on Christrrlas Day until noon on December 27,2001. Mother
shall have custody of the children from noon on December 27ili until 6:00 p.rn. on
December 30ili, 2001. In subsequent years, the parties shall share the Christmas
holiday equally, as they agree.
c. Mother and Father shall share ail other holidays, as the parties agree.
6. Transportation with respect to exchanges of custody shall be the responsibility of the
party receiving the children, unless otherwise agreed upon by the parties.
7. The parties may modifY this Order by mutual consent. In the absence of mutual
consent, the terms of this Order control.
8. No party to this Agreement and Order will do anything which may estrange the
children from the other party, or injure the opinion of the children as to the other party or
which may hamper the free and natural development of the children's love and respect for
the other party.
"~,- >- ~
9. The parties intend to be bound by the terms of this Agreement and intend that this
Agreement be entered as an Order of the Court.
10. A custody conciliation shall be scheduled for March 20,2002 at 10:30 a.m.
...f: ~
Michae toltenburg, De7
~ L. IL!.-c. Jr-U-I
Karen L. Kurts I
Certified Legal Intern for Defendant
~ d~-
Sherry L. ~er, Plaintiff ~
~L~ J~
o M. Place '\:J
Robert E. Rains
Teri L. Henning
Supervising Attorneys
y11AMII.Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
~~
Att~ey for Plaintiff
Mid-Penn Legal Services
8 Irvine Road
Carlisle, PA 17013
(717) 243-9400
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AND NOW, this
(Iii
ORDER
~"""'vo..r"1 200'2:.
day ofDeeembcI, 26&l the above custody agreement
is approved and entered as an Order of Court.
J.
MAR 2 1 2.00')
SHERRY L. BITTINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2000-1094 CIVIL TERM
MICHAEL STOLTENBURG,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this 20th of March, 2002, the Conciliator being notified that the
parties have signed a Custody Stipulation in the above matter, the Conciliator hereby
relinquishes jurisdiction in this matter.
FOR THE COURT,
~,L
'eline M. Verney, Esquire, Cus
/
dy Conciliator
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SHERRY L. BITTINGER, :
Plaintiff
v.
MICHAEL
STOL TENBURG,
Defendant
IN THE COURT OF CO:M:MON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-1094 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of May, 2002, the attached custody agreement is
approved and entered as an Order of Court.
~~arey, Esq.
Mid-Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Georgina A. Howells
Certified Legal Intern
~as M. Place, Esq.
Robert E. Rains, Esq.
Lucy Johnston-Walsh, Esq.
Supervising Attorneys
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Attorneys for Defendant
:rc
BY THE COURT,
J.
>L~
()!j-/7-0 Q
--~----------
FlLED-Cf'f~CE
OF T~.~F P::;OTrCf-~OT,llJiY
02HilYl7 Pri !:20
CUM8ERLPJ-D COUNTY
PENNSYLVA,lIJiA
.~
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v,
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ORDER
c..M\ 1\~l>V'\ - l.cu.,) Y
\\1\. (bs-h~ MAIl 5 2001
No. em -( oqt OVI'/ Wf'l.1
,.
AND NOW, this _ day of May, 2002 the above custody agreement
is approved and entered as an Order of Court.
BY THE COURT:
J.
-"
"
SHERRY L. BITTINGER,
Plaintiffi'Respondent
IN THE COURT OF CO:MMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION-LAW
IN CUSTODY
MICHAEL STOLTENBURG,
DefendantlPetitioner
NO.00-I094 CNIL TERM
CUSTODY AGREEMENT AND ORDER OF COURT
TillS AGREEMENT, made this _ day of May, 2002, between Michael
Stoltenburg, hereinafter Father, and Sherry L. Bittinger, hereinafter Mother, concerns the custody
of their children, Mariah Stoltenburg, born August 7, 1993, and Carisa StoItenburg, born
September 16, 1990. This Agreement modifies the Temporary Custody Agreement entered on
January 11,2002 as an Order of Court.
Mother and Father are the biological parents of the children and desire to enter into an
agreement as to the custody of the children.
Mother and Father agree as follows:
.
1. Mother and Father shall have shared legal custody of the children.
2. Father shall have primary physical custody of the children, and Mother shall have
partial physical custody of the children, as set forth in this Agreement and Order.
3. Mother shall have custody of the children three out of every four weekends, from
Friday at 6:00 p.rn. until Sunday at 6:00 p.m. The parties shall agree as to which
weekend each month that Father shall have custody of the children. If Mother is
scheduled to work on weekends, she shall have the right to comparable make up
periods of custody during the week.
4. Mother shall have custody of the children every Thursday from 5 p.m. until 8
'-'
p.m., provided that she can share in the transportation of the children (unless
otherwise agreed by the parties). Mother shall have the option of keeping the
children overnight if she is able to take them to school or return them to Father's
custody the next day.
5. Holidays:
a. School Holidavs: If a school holiday falls on a Monday following
a weekend in which Mother has custody of the children, Mother's
period of custody shall extend until Monday at 6:00 p.rn. If a
school holiday falls on a Friday prior to a weekend in which
Mother has custody of the children, Mother's period of custody
shall begin on Thursday evening at 6:00 p.m. On other school
holidays, if Father works on that day, Mother shall have custody of
the children during the hours that Father works.
b. Summer Vacation: Mother shall have custody of children for two
consecutive weeks in the summer and other times as agreed by
Mother and Father.
c. Christmas: In 2002, Mother shall have custody of the children
from noon on Christmas Eve until noon on Christmas Day. Father
shall have custody of the children from noon on Christmas Day
until noon on December 27,2002. Mother shall have custody of
the children from noon on December 27th until 6:00 p.m. on
December 30'" 2002. In subsequent years, the parties shall share
the Christmas holiday equally, as they agree.
-,
d. Easter and Thanksgiving: Parties shall have custody of the
children on Easter and Thanksgiving on an alternating yearly basis.
Father shall have custody of children for Easter and Mother shall
have custody of children for Thanksgiving in even-numbered
years. Mother shall have custody of children for Easter and Father
shall have custody of children for Thanksgiving in odd-numbered
years.
e. Mother and Father shall share all other holidays, as the parties
agree.
6. Transportation with respect to exchanges of custody shall be the responsibility of
the party receiving the children, unless otherwise agreed upon by the parties.
7. The parties may modify this Order by mutual consent. In the absence of mutual
consent, the terms of this Order control.
8. No party to this Agreement and Order will do anything which may estrange the
children from the other party, or injure the opinion of the children as to the other
party or which may hamper the free and natural development of the children's
love and respect for the other party.
9. Mother shall not take the children out of the Commonwealth of Pennsylvania
without the express consent of Father; however, Father shall not unreasonably
withhold consent if Mother wishes to take the children out of the state to visit
relatives in West Virginia and/or Florida as long as Mother provides a phone
number and address where she and the children can be reached.
10. The party with custody of the children shall keep the other party informed as to
-,
the phone number and address where the children can be reached.
11. The parties intend to be bound by the terms of this Agreement and intend that this
Agreement be entered as an Order of the Court.
~~
Robert E. Rains .
Lucy Johnston-Walsh
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
~~
Attomey for Plaintiff
Mid-Penn Legal Services
8 Irvine Road
Carlisle, PA 17013
(717) 243-9400
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SHERRY L. BITTINGER
PLAINTiFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN1Y, PENNSYLVANIA
v.
00-1094 CIVIL ACTION LAW
MICHAEL STOLTENBURG
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, January 10, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courtbouse, Carlisle on Tuesday, February 11, 2003 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 def'me 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: Isl
Tacqueline M. Vern'O'. Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB 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 COWIty Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
FILFD-"P"r,c:
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CUM8EFjLA,~J COUNTY
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SHERRYL. BITTINGER,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN CUSTODY
V.
MICHAEL STOLTENBURG,
Defendant/Petitioner
NO. 00-1094
CIVIL TERM
ORDER OF COURT
AND NOW, this day of ,2003, upon consideration of the attached
complaint, it is hereby directed that the parties and their respective counsel appear before,
, the conciliator, at , on the day of , 2003,
at 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 defme 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 ently
of a temporary or permanent order.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT I-fA VB 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, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For 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.
,. .r- -
JAN 0 9 2003
C-
SHERRY L. BITTINGER,
Plaintiffi'Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION-LAW
IN CUSTODY
V.
MICHAEL STOLTENBURG,
DefendantlPetitioner
: NO. 00-1094
CIVIL TERM
PETITION FOR MODIFICATION OF
CUSTODY ORDER
1. The petition of Michael Stoltenburg, respectfully represents that on May 16,2002,
an Order of Court was entered for the custody of Mariah Stoltenburg, d.o.b. 8/7/93, and Carisa
Stoltenburg, d.o.b. 9/16/90, a true and correct copy of which is attached.
2. TIlls Order should be modified because:
a. Mother has been inconsistent in exercising her visitation with the children since
the order was entered. Mother frequently does not appear for a visit. \Vhen she does arrange for a
visit, she does not arrive at the scheduled time.
b. Father is concerned that Mother will attempt to exercise her rights to visitation and
will not be able to make sound decisions regarding the children. Therefore, Father is concerned for
the children's safety while they are in the custody of Mother.
c. In the past, Mother has left the children with other individuals at times when she
is to be providing care for the children.
d. Most recently, on December 28,2002, Mother left suddenly for Texas during her
period of visitation with the children. Mother left the children with an individual unknown to them.
Mother previously reported to Father that this individual had threatened Mother with physical
violence in the past.
e. To Father's knowledge, while Mother has a permanent address, she is currently
traveling around the country with a truck driver she recently met.
... ~-~-~ ~
'"
WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody,
granting Father primary physical custody, and Mother supervised visitation to be at Father's home,
as this is in the best interest of the children.
January 8, 2003
~11( ~hl/M~
Meg alone
Certifi d Legal Intern
~~0k
ROBER E. RAINS
LUCY JOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 N. Pitt. St.
Carlisle, PA 17013
717243-2968
....- "'-
"-'
VERIFICATION
I verifY that the statements made in this petition are true and correct. I understand that false
statements herein are subject to the penalties of IS Pa. C.S. S 4904 relating to unsworn falsification
to authorities.
Date I /- /73
~~
4_1 ro11<nb~g /
SHERRY L. BITTINGER,
PlaintiflJRespondent
JAN 0 9 2003
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION-LAW
: IN CUSTODY
V.
MICHAEL STOLTENBURG,
DefendantlPetitioner
: NO. 00-1094
CERTIFICATE OF SERVICE
CML TERM
I, Megan Malone, Certified Legal Intern, the Family Law Clinic, hereby certify that I am
serving a true and correct copy of the Petition for Modification of a Custody Order on the
following by first class United States mail, postage prepaid, on this, the 8th day of January, 2003:
Joan Carey
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
Date: pal;! lA riA Zf I( 2CV ~
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Megan alone
Certified Legal Intern
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JAN 1~
SHERRY L. BITTINGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CillvlBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION-LAW
IN CUSTODY
V.
MICHAEL STOLTENBURG,
Defendant
NO. 00-1094
CNIL TERM
ORDER OF COURT
AND NOW, this n fl,day of ::J 2J'J U vI
is approved and entered as an order of court.
,2003, the attached stipulation,
BY THE COURT:
(it
J.
Lucy Johnston-Walsh
Attorney for Defendant ^"-P--vl ~ /J.<.~&r _ J-) 7-03
Family Law Clinic "', I U
45 N. Pitt Street
Carlisle, PA 15013
Joan Carey
Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
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03 .JM.! I 7 Pd L: I 7
CU~AEk.l~L"',,\i) COUNTY
PENNSYLVANlA
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SHERRYL. BITTINGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA.
CNIL ACTION-LA W
IN CUSTODY
V.
MICHAEL STOLTENBURG,
Defendant
NO. 00-1094
CNIL TERM
STIPULATION
1. On May 16, 2002, an Order of Court was entered for the custody of Mariah
Stoltenberg, d.o.b. 8/7/93, and Carisa Stoltenberg, d.o.b. 9/16/90.
2. On January 8, 2003, the Defendant (Father) filed a Petition for Modification of the
Custody Order.
3. On January 16, 2003, the parties, by and through their counsel, agree that neither
party shall relocate outside of Pennsylvania with the children during their periods of custody.
4. The parties also agree Ms. Bittinger will not allow the children to be 'in the presence
of Rick Weaver at any time.
5. The parties intend for this stipulation to be entered as an order of court.
By:
By:
~~
Joan Carey, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff,
Sherry Bittinger
Lucy Jo tn-Walsh, Esquire
Family Law Clinic
45 N. Pitt Street
Carlisle, PA 17013
Attorney for Defendant,
Michael Stoltenberg
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SHERRYL. BITTINGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CNIL ACTION-LAW
IN CUSTODY
MICHAEL STOLTENBURG,
Defendant
: NO. 00-1094
CNIL TERM
CERTIFICATE OF SERVICE
I, Douglas A. Miltenberger, hereby certifY that I served a true and correct copy of the
Stipulation on Joan Carey, Esq., at Legal Services, 8 Irvine Row, Carlisle, PA 17013, by
depositing a copy of the same in the United States Mail, postage prepaid on the l7tl> day of
January, 2003.
1//7/0 Y
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Date
.------,
l~~~__v1 4~-
// Douglas A. Miltenberger
Certified Legal Intern
FAMlLYLAWCLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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SHERRY L. BITTINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2000-1094 CIVIL TERM
MICHAEL STOLTENBURG,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this 13th day of May, 2003, the Conciliator not being contacted for
90 days following a general continuance, the Conciliator hereby relinquishes jurisdiction
in this matter.
FOR THE COURT,
%.ft
dy Conciliator
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SHERRY BITTINGER
PLAINTIFF
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
00-1094 CIVIL ACTION LAW
MICHAEL STOLTENBURG
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, _ Friday, May 23, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, .
at 4th Floor, Cumberland Connty Courtbouse, Carlisle on Monday, June 23, 2003 at 9:30 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 defme 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 auy 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.
fJJ--
By: Isl
Tacqueline M. Verney. Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
An 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
HA VB AN ATTORNEY OR CAJ.'<NOT AFFORD ONE, GO TO OR TELEPHONE nIB 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
RLED-OFFICE
OF THE PROTHONOTARY
03 MAY 23 p;~ 3: 17
CUMBERLANO COUNl'Y
PENNSYLVANIA
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SHERRY. BITTINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
-J
v.
: CIVIL ACTION -LAW
: IN CUSTODY
MICHAEL STOLTENBURG,
Defendant
: NO. 00-1094
ORDER OF COURT
AND NOW, _ ,20---.--> upon consideration of the attached Complaint, it is
hereby directed that the parties and their respective counsel appear before
, the conciliator, at
on the day of
, 200----, 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 define and narrow the issues to be heard by the
Court, and to enter into a temporary order. All children age five or older may also be present at the
conference. Failure to appear at the conference may provide grounds for entry of a temporary or
permanent order.
FOR THE COURT:
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 North Bedford Street
Carlisle, PA 17013
717-249-3166
SHERRY. BITTINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION -LAW
: IN CUSTODY
MICHAEL STOLTENBURG,
Defendant
: NO. 00-1094
PETITION TO MODIFY CUSTODY
AND NOW, comes Michael Stoltenburg, by and through his privately retained counsel,
Karl E. Rominger, Esquire and in support of his Petition to Modify Custody avers as follows:
1. Petitioner is Michael Stoltenburg, who resides at 181 Big Spring Terrace Newville, PA
17241
2. Respondent is Sherry Bittinger, who is believed to be residing in Plainfield, Pennsylvania.
3. On May 16, 2002, the Honorable J. Wesley Oler, Jr., entered the following Custody
Agreement attached as Exhibit "A".
4. Since the entry of said Order, there has been a significant change in circumstances in that:
(a). Respondent is not following the Court Order as she does not give advance warning if
she cannot make the regularly scheduled weekend visitation.
(b). Respondent tries to schedule visitation through the children instead of Petitioner.
(c). Respondent does not make contact with the children during the week by telephone.
(d). Respondent does not keep Petitioner informed of her address or telephone number.
5. The best interest of the children will be served by the Court in modifying said Order.
WHEREFORE, Petitioner prays this Court to grant the modification of the
Custody Agreement.
Respectfully submitted,
ROMINGER & BAYLEY
;? ---"
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA ] 7013
(717) 241-6070
Supreme Court ID # 8] 924
Attorney for Petitioner
SHERRY. BITTINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION -LAW
: IN CUSTODY
MICHAEL STOLTENBURG,
Defendant
: NO. 00-1094
VERiFICATION
KARL E. ROMINGER, ESQUIRE, states that he is the attorney for, Defendant in this
action; that he makes this affidavit as attorney because he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
g4904, relating to unsworn falsification to authorities.
Date: May 21, 2003
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~l E. Rominger, Esquire
Attorney for Defendant
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SHERRY L. BITTINGER, :
Plaintiff
v,
MICHAEL
STOLTENBURG,
Defendant
.-
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IN THE COURT OF CO:MMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V AN1A
CIVIL ACTION - LAW
NO. 00-1094 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of May, 2002, the attached custody agreement is
approved and entered as an Order of Court.
Joa arey, Esq.
Id-Pe(ll1 Legal Services
8 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Georgina A. Howells
Certified Legal Intern
Thomas M. Place, Esq.
Robert E. Rains, Esq.
Lucy Johnston-Walsh, Esq.
Supervising Attorneys
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Attorneys for Defendant
:rc
BY THE COURT,
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SHERRY L. BITTINGER,
PlaintiffiRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
CIVIL ACTION-LAW
IN CUSTODY
MICHAEL STOLTENBURG,
Defendant/Petitioner
: NO.00-1094 CIVIL TERM
CUSTODY AGREEMENT AND ORDER OF COURT
TillS AGREEMENT, made this _ day of April, 2002, between Michael
Stoltenburg, hereinafter Father, and Sherry L. Bittinger, hereinafter Mother, concerns the custody
of their children, Mariah Stoltenburg, born August 7, 1993, and Caris a Stoltenburg, born
September 16, 1990. This Agreement modifies the Temporary Custody Agreement entered on
January 11, 2002 as an Order of Court.
Mother and Father are the biological parents of the children and desire to enter into an
agreement as to the custody of the children.
Mother and Father agree as follows:
1. Mother and Father shall have shared legal custody of the children.
2. Father shall have primary physical custody of the children, and Mother shall have
partial physical custody of the children, a,; set forth in this Agreement and Order.
3. Mother shall have custody of the children three out of every four weekends, from
Friday at 6:00 p.m. until Sunday at 6:00 p.rn. The parties shall agree as to which
weekend each month that Father shall have custody of the children. If Mother is
scheduled to work on weekends, she shall have the right to comparable make up
periods of custody during the week.
4. Mother shall have custody of the children every Thursday from 5 p.m. until 8
r
p.rn., provided that she can share in the transportation of the children (unless
otherwise agreed by the parties). Mother shall have the option of keeping the
children overnight if she is able to take them to school or return them to Father's
custody the next day.
5. Holidays:
a. School Holic]ays: _ If a school holiday falls on a Monday following
a weekend in which Mother has custody of the children, Mother's
period of custody shall extend until Monday at 6:00 p.m. If a
school holiday falls on a Friday prior to a weekend in which
Mother has custody of the children, Mother's period of custody
shall begin on Thursday evening at 6:00 p.m. On other school
holidays, if Father works on that day, Mother shall have custody of
the children during the hours that Father works.
b. Summer Vacation: Mother shall have custody of children for two
consecutive weeks in the summer and other times as agreed by
Mother and Father.
c. Christmas: In 2002, Mother shall have cu~tody of the children
from noon on Christmas Eve until noon on Christmas Day. Father
shall have custody of the children from noon on Christmas Day
until noon on December 27, 2002. Mother shall have custody of
the children from noon on December 27th until 6:00 p.m. on
December 30'" 2002. In subsequent years, the parties shall share
the Christmas holiday equally, as they agree.
d. Easter and Tlianksgjving; Parties shall have custody of the
children on Easter and Thanksgiving on an alternating yearly basis.
Father shall have custody of children for Easter and Mother shall
have custody of children for Thanksgiving in even-numbered
years. Mother shall have custody of children for Easter and Father
shall have custody of children for Thanksgiving in odd-numbered
years.
e. Mother and Father shall share all other holidays, as the parties
agree.
6. Transportation with respect to exchanges of custody shall be the responsibility of
the party receiving the children, unless otherwise agreed upon by the parties.
7. The parties may modify this Order by mutual consent. In the absence of mutual
consent, the terms of this Order control.
No party to this Agreement and Order will do anything which may estrange the
children from the other party, or injure the opinion of the children as to the other
party or which may hamper the free and natural development of the children's
love and respect for the other party.
Mother shall not take the children out of the ComriIonwealth of Pennsylvania
without the express consent of Father; however, Father shall not unreasonably
withhold consent if Mother wishes to take the children out of the state to visit
relatives in West Virginia and/or Florida as long as Mother provides a phone
number and address where she and the children can be reached.
10. The party with custody of the children shall keep the other party informed as to
8.
9.
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the phone number and address where the children can be reached.
11. The parties intend to be bound by the tenns of this Agreement and intend that this
Agreement be entered as an Order of the Court.
_~//!<~f3ti;jzA_
Sherry L. Bittj er, laintiff
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or in . wells
Tied regal Intern for Defendant
~//
~ Esquire (I
Attorney for Plaintiff
Mid-Penn Legal Services
8 Irvine Road
Carlisle, PA 17013
(717) 243-9400
th~~
Thorn ' Place
Robert E. Rains .
Lucy Johnston-Walsh
Supervising Attorneys
F AMll.. Y LAW CLlNIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
, . ~ - '"
ORDER
AND NOW, this _ day of April, 2002 the above custody agreement
is approved and entered as an Order of Court.
BY THE COURT:
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SHERRY L. BITTINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 2000-1094 CIVIL ACTION - LAW
MITCHAELSTOLTENBURG,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, this 2-sf{. day of ~ 4f> t. ,2003, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
I. The prior Order of Court dated May 16, 2002 shall remain in full force
and affect with the following modifications:
2. Paragraph 3 of the prior Order of Court shall be deleted and replaced with
the following. Mother shall have the Children three out of every four weekends, with
Father's weekend always being the second full weekend of the month. Mother's period
of custody shall be from Friday at 6:00 p.m. to Sunday at 6:00 p.m.
3. Paragraph four shall be deleted and replaced with the following: During
summer vacation, Mother shall have physical custody of the Children from Thursday at
5:00 p.m. to Sunday at 6:00 p.m. during her regularly scheduled weekends.
4. Paragraph 5a shall be deleted and replaced with the following: Mother
shall have physical custody of the Children during school holidays as agreed by the
parties.
5. Paragraph 5b shall remain in full force and affect with the following
addition: Mother shall advise Father of the two consecutive weeks by May 30 of every
year.
6. Paragraph 5e shall be deleted and replaced with the following: Christmas
shall be shared as agreed by the parties.
7. Paragraph 9 is deleted and replaced with the following: Neither party shall
remove the Children from the Commonwealth of Pennsylvania without first advising the
other parent ofthe location and telephone number where the Children can be reached.
8. Paragraph 11 is deleted.
F1LED-{)fFiCE
OF Tr.E P;::OTH:JNOTARY
03 JUri 26 PH 3: 2 !
CUM8ERLP-ND COUN1Y
PEJ'\lNSYLVANIA
,.,
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9. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation ConferenclJ. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control. -
cc: Karl Rominger, Esquire, for Father
Sherry Bittinger, pro se
11 Run Road
Carlisle, PA 17013
b-d--1-61
Or~
,"4.-_ ....
SHERRY L. BITTINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2000-1094 CIVIL TERM
MICHAEL STOLTENBURG,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
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
CURRENTLY IN CUSTODY OF
Mariah Stoltenburg
Carisa Stoltenburg
August 7,1993
September 16,1990
Father
Father
2. A Conciliation Conference was held in this matter on June 23, 2003, with
the following individuals in attendance: Father, Michael Stoltenburg, with his counsel,
Michael Whare, Esquire for Karl Rominger, Esquire and Mother, Sherry L. Bittinger, pro
se.
3. A prior Order of Court, dated May 16, 2002 was entered by the Honorable
J. Wesley Oler, Jr., providing for shared legal custody with Father having primary
physical custody and Mother having periods of partial physical custody.
4. The parties agreed to the entry of an Order in the form as attached.
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Date -
Ik i,
cq line M. Verney, Esquire
Custody Conciliator
);
SHERRY BITTINGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION -LAW
: IN CUSTODY
MICHAEL STOLTENBURG,
Defendant
: NO. 00-1094
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLV ANlA )
COUNTY OF CUMBERLAND
)
I, Karl E. Rominger, Esquire did serve by a Process Server to Sherry Bittinger, Defendant's
Conciliation Order and Petition to ModifY Custody at her address at 11 Run Road, Carlisle, PA. 17013.
Service was executed on June 18, 2003 at the above address. An Affidavit of Service is attached.
Dated: June 20, 2003
Respectfully submitted,
ROMINGER & BAYLEY
?
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ill # 81924
Attorney for Defendant
.
.
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AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania
County of Cumberland
Common Pleas Court
Case Number: 00-1094 Court Date: 6/23/2003
Plaintiff:
Sherry Bittinger
vs.
Defendant:
Michael Stoltenburg
For: Karl Rominger
Rominger & Bayley Law offices
Received by ROMINGER LEGAL on the 18th day o~une, 2003 at 4:48 pm to be served on Sherry Bittinger :11
R,~d., Carlisle, PA 17013. I, Glenn ca.le ~ . being duly sworn, depose and say that on the
day of .I u (Vi. , 20~ at ...L.:~.m., executed service by delivering a true copy of the Order of
Court, Petition to Modify Custody, Verification, Order of Court, Custody Agreement and Order of Court,
Order in accordance with state statutes in the manner marked below:
() INDMDUAL SERVICE: Served the within-named person.
USUBSTlTUTE SERVICE: By serving WilL TON fJ 1}t6i?:ibAJ as
/" - Bi)'ft='/ZL2t-!P W10 wl/fS tJEW Pi(<'SO;J Sii7:VEi/ .
( ) POSTED SERVICE: After attempting service on -'_ at _ anoj on ----'_ at _ to a conspicuous
place on the property described herein. -
( ) NON SERVICE: For the reason detailed in the Comments below.
Military Status: ( ) Yes or ( ) No If yes, what branch?
Marital Status: ) Married or ( ) Single Name of Spouse
COMMENTS: (,/0" WI-ilk. /l'I"Je, blad hair,' nO Ihs I IO"'j .h~/'y
I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in
which this service was made.
~~.
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SubscribEi'd and Sworn to before me on the /,f Zlday
of -0 () N"L . 0103bythe affiant who is
personaIlYknownt~me. ~ -
NO~ >Lv
Notarial Seal
UAdaJ. Jumper, Notary Public
Carllsle BolO, Cumberland County
My Camission Expires JlWj l!3. 2006
~_1ian0f_
Copyright @ 1992~2a01 Database Services, Inc. - Process Se~s Toolbox V5.5f
PROCESS SERVER #
Appointed in accordance
wffh State Statutes
ROMINGER LEGAL
155 S. Hanover st.
P.O. Box 1148
Carlisle, PA 17013
(717) 960-9260
Our Job Serial Number: 2003000144
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