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HomeMy WebLinkAbout03-0360RYAN E. TITTLE, AMBER D. TITTLE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 0 3~ 3 too CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner, Ryan E. Tittle, by and through his counsel of record, Marylou Matas, Esquire and Petitions the Court as follows: Petitioner is Ryan E. Tittle, the above named Plaintiff and an adult individual currently residing at 1015 Heritage Avenue, Shippensburg, Franklin County, Pennsylvania. Respondent is Amber D. Tittle, the above named Defendant and an adult individual currently residing at 427 Oak Flat Road, Newville, Cumberland County, Pennsylvania. The parities are the natural parents of two (2) children, namely, Joshua Lawrence Tittle, born September 6, 1995, and Ryan Edward Tittle, Jr., born September 6, 1995. Contemporaneously with filing this Petition for Special Relief, Petitioner has filed a Complaint for Custody requesting shared legal and primary physical custody of the parties' children. Petitioner was activated to active military duty on July 5, 2002 and was sent to Germany at that time. 10. 11. 12. While in Germany, Petitioner discovered that Respondent was using the home computer to send pornographic and illicit pictures of herself to numerous other internet accounts. Respondent has engaged herself in an internet relationship with another woman and spends the majority of her time while not at work on the internet at home. Respondent sends illicit pictures of herself and engages in internet sex at times when the children are home, as documented by the saved and printed photos and email correspondence sent between Respondent and the other accounts, which photos are in the possession of counsel for Petitioner. Respondent's use of the internet often results in pornographic material being displayed at the home. Petitioner and the children have been at the home and have heard Respondent and another person engage in internet sex, via a microphone attached to the computer. Petitioner has confronted Respondent about her use of the internet but Respondent refuses to discontinue her activities, despite the extremely adverse effect this will have upon the children and the devastating effects it could have if the children see the referenced photos. Petitioner requested and was granted a release from active duty to return home on a family emergency and hardship basis. 13. Petitioner has discovered internet communications between Respondent and another woman in which both women state that they have agreed to marry each other. 14. Respondent's female friend resides in Milwaukee, Wisconsin. 15. Respondent traveled to Milwaukee during the weekend of January 4, 2003, without notifying anyone of her whereabouts, during which time Petitioner provided sole care for the children. 16. Petitioner believes that the children are not provided for while in Respondent's custody in that they are not fed, bathed, clothed or taken care of properly because Respondent is spending her time at the computer. 17. Petitioner is concerned that without a Court Order providing him with primary physical custody, Respondent will attempt to remove the child from the jurisdiction of this Court and physically restrain the children to her physical custody to carry on her relationship with her female friend in Milwaukee, Wisconsin. 18. In the event a temporary Order is not entered in this matter, it is anticipated that Respondent will attempt to restrain the children against their will creating severe conflict between Petitioner and Respondent and subjecting the children to a dangerous environment. WHEREFORE, Petitioner requests your Honorable Court to enter and Order providing Petitioner with temporary primary physical custody of the children pending further Order of Court or agreement of the parties. Respectfully submitted, MaryloXtr~f~ttas, Esqu'h~ Attorney of~Plaintiff/Petitioner GRIFFIE ~: ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. RYA"N E. TITTLE, Plaintiff/Petitioner RYAN E. TITTLE, Plaintiff AMBER D. TITTLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAN 2 NO. 0~- 36 o IN CUSTODY ORDER OF COURT CIVIL TERM ,2003, upon presentation and ~..c°nsiderati°n~-} ~°f the wit.hin~ ~Petiti°n for Special~ ~} ~'~'0'Relief' it is herebY3/j ~oo 3 ~Jl'°rdered and/o, a t~dir'e'cted A. ~q.that tl~'.~ ~ -above namea t'iaintltt/t'etitioner shall hav~ p~i~.ai~ physical custody of the chiidren, uamely, ~ ~ ~ ~-----~c"~ .... ........ ~ ~-aa p.m. te ~:-~_...~.~.~,~.j:~:-'-'--. The pa~ies shall share legal custody of the children. Neither pagy shall remove the children from the jurisdiction of this Cou~ pending ~her Order of Cou~ or agreement of the pa~ies. ............................ v~,,~ ...... ~,,~v~u oy this CC: .//Marylou Matas, Esquire Attorney for Plaintiff/Petitioner ~/Amber D. Tittle, Defendant/Respondent, pro se L~ :0! t',;¢ 9Z_., k:;,i~' £0 RYAN E. TITTLE PLAINTIFF AMBER D. TITTLE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-360 CIVIL ACTION LAW IN' CUSTODY ORDER OF COURT AND NOW, Friday, January 31, 2003 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_acqueline M. Veruey, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 25, 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 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 THECOU~F. By: Is/ Jacqueline 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. 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 A~iq'ORNEY 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 RYAN E. TITTLE, Plaintiff AMBER D. TITTLE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-0360 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of January, 2003, based upon review of the petition for special relief and after consultation with counsel in chambers, the following temporary order shall be in effect pending conciliation and/or hearing in this matter: 1. The parties shall share joint legal custody of their children. 2. Mother shall have primary physical custody of the children subject to the following periods of partial custody in father: (a) Every weekend from Saturday at 9:00 a.m. until the start of school on Monday. Provided, however, that if father is required to be on guard duty, mother shall retain primary physical custody of the children for that weekend. (b) Other times as agreed upon by the parties. 3. Mother shall cancel her internet connection in the home immediately, and may not re-establish it without further Order of Court. 4. Neither party shall take the Children out of the Commonwealth of Pennsylvania without express permission of this Court. Edward E. Guido, j. Marylou Matas, Esquire For the Plaintiff Legal Services, Inc. it RYAN E. TITTLE Plaintiff Vo AMBER D. TITTLE Defendant : IN THE COURT OF COMMON PLEAS : of CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : : NO: 03-360 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter the appearance of Margaret M. Simok, Attorney at Law, of MidPenn Legal Services, on behalf of Defendant, Amber D. in the above matter. MIDPENN LEGAL SERVICES By: Margaret M. Simok Attorney at Law I.D. Number 89633 8 Irvine Row Carlisle, PA 17013 FEB 2 6 2003 RYAN E. TITTLE, Plaintiff V. AMBER D. TITTLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-360 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~'~It~ndayof ~~ ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated January 31, 2003 is hereby vacated. 2. The Father, Ryan E. Tittle and the Mother, Amber D. Tittle, shall have shared legal custody of Joshua Lawrence Tittle, bom September 6, 1995 and Ryan Edward Tittle, Jr., bom September 6, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. They shall also, in a timely fashion, share information with each other regarding the Children's extracurricular activities, school schedule, homework, and parent-teacher conferences. 3. The parties shall share physical custody as follows: A. During the school year: i.) Mother shall exercise physical custody of the children from Monday to Friday. ii.) Father shall exercise physical custody of the children at times agreed by the parties from Friday after school to Monday mornings. B. During the summer: i.) Mother shall exercise physical custody of the children every week day, from after she gets home from work, or approximately 3:30 p.m. until the following morning when she ii.) iii.) will take them to Father's home. Mother shall also have physical custody of the children all day when she is off from work. Father shall exercise physical custody of the children every week day, except when Mother is off from work, from approximately 7:00 a.m. to until 3:30 p.m. The parties shall alternate physical custody of the children on weekends, Friday to Sunday at times agreed by the parties and on such weekends to accommodate the parties' work schedules. 4. The parties shall altemate physical custody on the following holidays, with Mother having Easter in 2003: A. Easter B. Memorial Day C. July 4th D. Labor Day E. Thanksgiving 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block B in odd numbered years and Block A in even numbered years. 6. Physical custody for the remainder of the Christmas holiday shall be the same as the summer schedule. 7. Each party shall have the opportunity to exercise physical custody of the children for two non-consecutive weeks for vacation time. Each party shall provide the other with thirty (30) days advance notice of the requested time. A vacation period shall begin on the requesting party's weekend period of custody. 8. Mother shall have custody of the children on Mother's Day; Father shall have custody of the children on Father's Day 9. Transportation shall be shared between the parties as agreed. 10. Neither party shall remove the children from this Commonwealth's jurisdiction without prior notification of the location and telephone number where the children may be reached. 11. Neither party shall do nor permit a third party to do, or say anything that would estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Neither parent shall alienate the children against the other parent or make the children guilty concerning his love for both parents. 12. In the event either parent needs child care for longer than 5 hours, during his/her custodial time, the other parent shall be offered the right of first refusal. 13. conditions: A. B. C. D. Eo Mother is permitted to reinstall intemet service under the following Mother may only use the internet when the children are out of her physical custody. A separate phone line is to be installed to accommodate the internet connection. Mother shall mm over her digital camera to Father and is prohibited from purchasing or acquiring or having a digital camera in her possession. Mother shall within 24 hours of reestablishing the intemet connection provide Father with all current passwords utilized by her and any changes to those passwords. Mother shall not block Father from viewing her internet communications. 14. The parties agree to explore co-parenting counseling at Father's expense. The parties shall agree on said counselor. 15. The parties shall each claim one child as a tax dependent each year. 16. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, J. cc: Marylou Matas, Esquire, for Father Peg Simok, Esquire, Mid Penn Legal Services, for Mother i RYAN E. TITTLE, Plaintiff V. AMBER D. TITTLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003-360 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Joshua Lawrence Tittle Ryan Edward Tittle, Jr. September 6, 1995 September 6, 1995 Mother Mother 2. A Conciliation Conference was held in this matter on February 25, 2003. The Father, Ryan E. Tittle, appeared with his counsel, Marylou Matas, Esquire. Mother, Amber D. Tittle, appeared with her counsel, Peg Simok, Esquire, Mid-Penn Legal Services. 3. A prior Order of Court dated January 31, 2003 was entered by the Honorable Edward E. Guido granting shared legal custody, Mother having primary physical custody and Father having partial physical custody every weekend except when he is on military duty. Mother was also required to disconnect her internet service. 4. The parties agreed to the entry of the Order in the form as attached. Date ($/[cqu~ine M. Vemey, Esquire Custody Conciliator