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HomeMy WebLinkAbout03-1254Troy Stultenburg, Plaintiff Sheila Gettle, Defendant vs. 'NO. 03-125-t~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM · CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Troy Stultenburg, residing at 65 Pine Tree Drive, Newville, Cumberland County, Pennsylvania. 2. The defendant is Sheila Gettle, residing at 109 Red Shed Road, Shippensburg, Cumberland County, Pennsylvania. 3. The plaintiff seeks custody of the following child: Name Brandon McCalister Present Residence 109 Red Shed Road Shippensburg, PA 17257 The child was bom out of wedlock. Age 12, D.O.B. July 31, 1990 The child is presently in the custody of Defendant, Sheila Gettle, who resides at 109 Red Shed Road, Shippensburg, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Narlle Sheila Gettle, Kevin Gettle, Mariah Gettle, Garrett Gettle, Address 109 Red Shed Road Shippensburg, PA 17257 Dates 1998 -Present The mother of the child is Sheila Gettle, currently residing at 109 Red Shed Road, Shippensburg, Cumberland County, Pennsylvania. She is married. The father of the child is Troy Stultenburg, currently residing at 65 Pine Tree Drive, Newville, Cumberland County, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of father. The plaintiff currently is residing at 65 Pine Tree Drive, Newville, Cumberland County, Pennsylvania. 5. The relationship of defendant to the children is that of mother. The defendant is believed to be currently residing with the following persons: Nanle Kevin Gettle Mariah Gettle Garrett Gettle Relationship Defendant's husband Defendant's daughter Defendant's son 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 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 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 child will be served by granting the relief requested for masons including the fo/lowing: a. Defendant and Defendant's husband frequently and unreasonably strike the child in such a manner as to leave bruises and discoloration. b. Defendant shows no interest in the child's schooling. As a result, the child's performance in school has suffered to the point of near-failure of his subject matter. Co The child currently resides with Defendant and sees Plaintiff only sporadically because Defendant unreasonably inhibits contact between plaintiff and the Child. It is in the best interest of the child to have a nurturing relationship with his father. e. Plaintiff is the parent who is most likely to encourage and foster a relationship between the ch/Id and the non custodial Parent. f' Plaintiff is interested in the child's schooling and is the most likely Parent to ensure that the child Performs better academicaily. g' Plaintiffis the parent who has the most stable home environment. 10. Each parent Whose Parental rights to the children have not been terminated and, to the best of the Plaintiff's knowledge, the person who has physicai custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant shared legal custody to the parties. Plaintiff also requests that the Court grant primary physical custody to Plaintiff subject to D ~ ' efendant s periods of supervised visitation on alternating weekends. Respectfully submitted, Aaron J. Neuharth, Attorney for Plaintiff LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 717-258-9991 YERIFICATION I verify that the statements made in this document 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. TROY STULTENBURG PLAINTIFF Vo SHEILA GETTLE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1254 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 27, 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 Courthouse, Carlisle on Tuesday, April 15, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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 apl~ear 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/ ]acqueline M. Vern~, 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 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) 249-316,5 TROY STULTENBURG, Plaintiff SHEILA GETTLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1254 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this a~ 0~ day of /q }0 xLt I ,2003, upon consideration of the attached Custody Conciliation'Report, it is ordered and directed as follows: 1. The prior Order of Court, dated January 29, 1991 is hereby vacated. 2. The Father, Troy Stultenburg, and the Mother, Sheila Gettle, shall have shared legal custody of Brandon McCalister, born July 31, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Mother shall have primary physical custody of the Child. Child: Father shall have the following periods of partial physical custody of the A. Easter Sunday, 2003 from 9:30 a.m. to 6:30 p.m. B. Beginning April 25, 2003, alternating weekends from Friday at 6:30 p.m. to Sunday at 6:30 p.m. C. Beginning June 4, 2003, alternating weekends shall be extended to Wednesday at 6:30 p.m. to Sunday at 6:30 p.m. D. On the off week, Friday from 6:30 p.m. to 9:30 p.m. 5. Mother shall have physical custody of the Child on Mother's Day. Father shall have physical custody of the Child on Father's Day. 6. The parties shall alternate Memorial Day, July 4th and Labor Day. Father shall have custody of the Child on Memorial Day, 2003. 7. Transportation shall be shared by the parties such that they shall exchange custody at the Newville Drive-in. 8. Neither party shall do anything nor permit a third party to do anything which may estrange the Child from the other party, 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 and respect for the other parent. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. 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. Another Conciliation Conference is scheduled for July 7, 2003 at 8:30 a.m. BY THE COURT, cc: Aaron J. Neuharth, Esquire, Counsel for Father Mark Bayley, Esquire, Counsel for Mother Jo TROY STULTENBURG, Plaintiff V. SHEILA GETTLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : : 2003-1254 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, thc undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brandon McCalister July 31, 1990 Mother 2. A Conciliation Conference was held in this matter on April 15, 2003, with the following individuals in attendance: The Father, Troy Stultenburg, with his counsel, Aaron J. Neuharth, Esquire, and the Mother, Sheila Gettle, with her counsel, Mark Bayley, Esquire. 3. A prior Order of Court was emered by The Honorable Edgar B. Bayley, dated January 29, 1991. That Order, based on a Stipulation of the parties, provided for shared legal custody with Mother having primary physical custody and Father having supervised visitation. The physical custody provisions of the prior Order had not been followed for some time. 4. The parties agreed to an Order in the form as attached. Date Custody Conciliator Troy Stultneburg, PLAINTIFF Sheila Gettle, DEFENDANT :IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, PENNSYLVANIA :No. 03-1254 CIVIL ACTION LAW : :IN CUSTODY Affidavit of Service I, Aaron J. Neuharth, Attorney for Plaintiff, hereby state that on April 1, 2003, I mailed by First Class U.S. Mail and by Certified Mail, Remm Receipt Requested, Addressee Only, a copy of the Complaint for Custody and an Order of Court, scheduling the custody conciliation conference, to 109 Red Shed Road, Shippensburg, Pa 17257, the last known address of Defendant. The certified mail was refused and returned to Attorney for Plaintiff. The Complaint for Custody served by First Class U.S. Mail had not been returned within fifteen days and Defendant and her attorney appeared at the April 15, 2003 conciliation with copies of said complaint; therefore, service should be deemed complete by application of Pa. R.C.P. 1930.4 (c) (1). TROY STULTENBURG, Plaintiff V. SHEILA GETTLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-1254 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this <~ ~ dayof consideration of the attached Custody Conciliation l~eport, follows: ,2003, upon it is ordered and directed as 1. A Hearing is scheduled in Court Room No._ / , of the Cumberland County Court House, on the ~ day of ~ ,2003, at ~;Jd) o'clock, fi-. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated April 21, 2003 shall remain in full force and effect with the following additions: 3. The parties shall cooperate with a custody evaluation for which Father shall provide the retainer fee to begin, but Father reserves the right to ask the Court to prorate the fees associated therewith. 4. Each party is entitled to one full, uninterrupted week of physical custody in the summer. Each party shall provide the other party with one week notice of exercising this provision. 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Wesley olert~ cc: Aaron Neuharth, Esquire, counsel for Father Mark Bayley, Esquire, counsel for Mother TROY STULTENBURG, Plaintiff V. SHEILA GETTLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -_ : CIVIL ACTION - LAW : : NO. 2003-1254 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brandon McCallister July 31, 1990 Mother 2. A Conciliation Conference was held July 7, 2003 with the following individuals in attendance: The Father, Troy Stultenburg, with his counsel, Aaron Neuharth, Esquire, and the Mother, Sheila Gettle, with her cotmsel, Mark Bayley, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated April 21, 2003 providing for shared legal custody, with Mother having primary physical custody and Father having alternating weekends that extended from Wednesday to Sundays in the summer. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off basis. Father maintains that the parents live in the same school district and a week on/week off arrangement would not disrupt the child's education. Father is concerned with the effort the child is putting forth in school as he just flunked the seventh grade. Father fears Mother is alienating the child against him. Father is willing to seek a custody evaluation and pay the retainer fee but asks the Court to ultimately prorate the fee among the parties. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule Friday to Sunday. She maintains that the child does not want to see Father more than alternating weekends, Friday to Sunday. She is concerned that a week on/week off schedule would disrupt his education. She is willing to cooperate with a custody evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order with an additional one full week of vacation for each parent during the summer. It is expected that the Hearing will require one day. Date ~cqt~line M. Verney, Esquire Custody Conciliator Troy Stultenburg, Plaintiff Sheila Gettle, Defendant VS. : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- CIVm : CUSTODY MOTION TO CONTINUE 1. Plaintiff filed a custody complaint in the above referenced case on March 21, 2003. 2. A conciliation in the above case was held on April 15, 2003. 3. A second conciliation in the above case was held on July 7, :2003 4. A trial in the above case was originally scheduled for October 6, 2003 at 9:30 a.m.. in front of the Honorable Judge Wesley Oler in the Cumberland County Courthouse, Carlisle, Pennsylvania. 5. Plaintiff and Defendant are currently engaged in settlement discussions. 6. At the second custody conciliation on July 7, 2003, custody evaiuations were ordered to be conducted. As of this date, there has not been sufficient time to, conduct those evaluations. 7. Opposing counsel, Mark F. Bayley, Esquire, has been informed of this requested continuance and does not oppose. VERIFICATION I verify that I am the Plaintiffas designated in the present action and that the facts and statements contained in the above Motion are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S {}4904, relating to unsworn falsification to authorities. Dated: ~[~ron'-'~. N~uharth, XA'rt'6~m~ for Plaintiff Troy Stultenburg, Plaintiff VS. Sheila Gettle, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- ! Z S ~/ CIVIL TERM : CUSTODY ORDER, OF COURT AND NOW, this ~ day of~,4A ..... ,h, 2003, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing of October 6, 2003 at 9:30 a.m. by this Court's Order of July 8, 2003, is hereby rescheduled in Court Room No. / , of the Cumberland County Courthouse, on the ,~ day of_~.. , 200ff~ at ~z3g? o'clock, ~_,.M., at which time testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with 'testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date.. The Custody Order dated April 21, 2003 with the additions of the Order date July 8, 2003 shall remain in full force and effect. By the Court, cc: Aaron Neuharth, Esquire, counsel for Father Mark Bayley, Esquire, counsel for Mother ?0. Or' 0.3 h I :~; Hot I - 130 60 TROY STULTENBURG, Plaintiff SHEILA GETTLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1254 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of January, 2004, upon consideration of the attached letter from Megan Malone of the law offices of Aaron Neuharth, Esq., attorney for Plaintiff, the hearing previously scheduled for January 5, 2004, is cancelled. BY THE COURT, ,,K'aron Neuharth, Esq. 401 East Louther Street Suite 101 Carlisle, PA 17013 Attorney for Plaintiff /l~Iark Bayley, Esq. 155 S. Hanover Street Carlisle, PA 17013 Attorney for Defendant esley°le~;~r.5 /~- J. LOPEZNEUHARTH LLP 717 2~8 8~ 12/~1/08 12:S~pm P. 002 David Lop~z A~n Neuharth Mcgan Malone Para Mom, Pm-ale~l LAW OFFICES OF LOP E Z EJ. JJcLAR_T_H_ L LP 401 East Lout. her Street, Suite 101 Carlisle. Pennsylvania 17013 Telephone (717) 258-9991 Facsimile (717) 258-9993 www.tnlegal.com P.O. Box 359 232 Lincoln Way East Suite A Chamber~burg, PA 17201 (717) 264-2939 Reply to Carlisle December 31, 2003 The Honorable Wesley Oler Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 VIA FACSIMILE Re: Stoltenburg v. G-ettle No. 03-1254 Dear Judge Oler: This letter is to request that the hearing scheduled for Janua~. 4, 2004 at 9:30 a.m. in the above referenced case be cancelled. The parties have entered into a custody agreement, which Order and Stipulation is forthcoming. All parties and attorneys agree to cancellation of the hearing. Thank you for your time and attention in this matter. If you have any questions or concerns, please do not hesitate t6 contact this office. Sincerely, Law Offices ofLopezNeuharth, LLP cc: Troy Stoltenburg Mark Bayley, Esquire TROY STOLTENBURG, Plaintiff SHEILA GETTLE, Defendant : IN THE COURT OF COMMON PLES OF : CUMBERLAND' COUNTY, PENNSYLVANIA : : NO. 2003-1254 CIVIL TERM : : CIVL ACTION -- LAW : IN CUSTODY STIPULATION REGARDING CUSTODY-VISITATION Plaintiff, Troy Stoltenburg, hereinafter referenced as Falher, and Defendant, Sheila Gettle, hereinafter referred to as Mother, hereby agree to the en~Iry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor child, Brandon McCalister: born July 31, 1990, hereinafter referenced as Child: (1) Shared legal custody of Child as contemplated by the Act of November 5, 1984, P.S. §1001, et seq., is awarded to Mother and Father. (2) Primary physical custody of the Child is awarded to Mother subject to partial custody by Father as follows: (a) On alternate weekends from 6:30 p.m. Friday until 6:30 p.m. Sunday. (b) Such other times as the parties may mutually agree. (3) Plaintiff and Defendant agree to withdraw the request for a hearing on the matter, which is scheduled for January 5, 2004. Date Sheila Gettle TROY STOLTENBURG, Plaintiff SHEILA GETTLE, Defendant 1N THE COURT OF COMMON PLES OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1254 CIVIL TERM CIVL ACTION r_ LAW IN CUSTODY STIPULATION REGARDING CUSTODY-VISITATION Plaintiff, Troy Stoltenburg, hereinafter referenced as Father, and Defendant, Sheila Gettle, hereinafter referred to as Mother, hereby agree to the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor child, Brandon McCalister: bom July 31, 1990, hereinafter referenced as Child: (1) Shared legal custody of Child as contemplated by the Act of November 5, 1984, P.S. §1001, et seq., is awarded to Mother and Father. (2) Primary physical custody of the Child is awarded to Mother subject to partial custody by Father as follows: (a) On alternate weekends from 6:30 p.m. Friday until 6:30 p.m. Sunday. (b) Such other times as the parties may mutually agree. (3) Plaintiff and Defendant agree to withdraw the request for a heating on the matter, which is scheduled for January 5, 2004. Date Sheila Gettle 9 TROY STOLTENBURG, Plaintiff SHEILA GETTLE, Defendant AND NOW, this 1N THE COURT OF COMMON PLES OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1254 CIVIL TERM CIVL ACTION - LAW IN CUSTODY ORDER 7_ 2- ~, ,~ day of ~- 2 r't c) ~_J ~) ,2004, in consideration of the attached Stipulation Regarding Custody and Visitation, it is hereby ordered and directed as follows: Plaintiff, Troy Stoltenburg, hereinafter referenced as Father, and Defendant, Sheila Gettle, hereinafter referred to as Mother, hereby agree to the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor child, Brandon McCalister: born July 31, 1990, hereinafter referenced as Child: (1) Shared legal custody of Child as contemplated by the Act of November 5, 1984, P.S. §1001, et seq., is awarded to Mother and Father. (2) Primary physical custody of the Child is awarded to Mother subject to partial custody by Father as follows: (a) On alternate weekends from 6:30 p.m. Friday tmtil 6:30 p.m. Stmday. (b) Such other times a~s the parties may mutually agree. (3) The hearing scheduled for January 5, 2004, is hereby canceled. listriabution: ark F. Bayley, Esquire (for Defendant) t~aron J. Neuharth, Esquire (for Plaintiff) BY THE COURT: