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HomeMy WebLinkAbout03-1845SUZANNE LYNETTE BUTLER, Plaintiff EDWARD JAMES BUTLER, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003- I ~¥,~"~ CIVIL TERM · CIVIL ACTION - LAW · IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Suzanne Lynette Butler, residing at Cumberland County, Pennsylvania. an undisclosed location, 2. The defendant is Edward James Butler, residing at Shiremanstown, Cumberland County, Pennsylvania, 17011. 3. The plaintiff seeks custody of the following children: Name Permanent Residence Age Elizabeth Rose Butler 6 N. Stoner Avenue 2 Shiremanstown, PA 17011 Brian Michael Butler 6 N. Stoner Avenue 4 Shiremanstown, PA 17011 The children were not born out of wedlock. The children's lifetime, they has resided with the following persons and at the Address Undisclosed location 6 N. Stoner Avenue Shiremanstown, PA 17011 6 N. Stoner Avenue, following addresses: Name Suzanne Lynette Butler Suzanne Lynette Butler Edward James Butler Date March 2003 to present Birth to March 2003 The mother of the children is Suzanne Lynette Butler, whose residence is currently undisclosed. She is married to the defendant. The father of the children is Edward James Butler, currently residing at 6 N. Stoner Avenue, Shiremanstown, Cumberland, Pennsylvania, 17011. He is married to the plaintiff. 4. The relationship of plaintiff to the children is that of mother The plaintiff currently resides at an unknown location. 5. The relationship of defendant to the children is that of father. The defendant currently resides alone. 6. The children currently reside with the mother. 7. 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 any other court. 8.The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 10.The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to, the following: a). The mother has been active in the care and nurturing of the children since birth, including providing for their physical, educational, emotional and spiritual well being. b.) The mother is the parent best able to encourage contact and access with the other parent. c.) The mother removed he children from the abusive home environment. d.) The father has not acted in the best interest of the children in ways including but not limited to the following: i.) The father's ongoing abuse of alcohol has adversely affected his ability to parent. ii.) The father has traumatized the four-year-old son by belittling him and calling him names when he cries. iii.) In the presence of the son, the father has broken the son's furniture in a fit of rage causing the son to fear the father might seriously harm or even kill him. iv.) v.) The father has inflicted inappropriate small boy, including but not limited around upside-down by his ankle and closet. Both children have witnessed the father's physical abuse and verbal abuse of the mother on numerous occasions. discipline on the to, carrying him locking him in a 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant sole legal custody and primary physical custody to the plaintiff while granting the defendant, supervised visitation at the Carlisle, Pennsylvania, YMCA. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, cc: Edward James Butler, Defendant 6 North Stoner Avenue Shiremanstown, PA 17011 Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above named Plaintiff, Suzanne Lynette Butler, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: c/' ~- 03 ~C~zatl~ae Lynette Butler SUZANNE LYNETTE BUTLER, Plaintiff Vo EDWARD BUTLER, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003- I ~'"/~' CIVIL TERM · CIVIL ACTION - LAW · IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Suzanne Lynette Butler, Plaintiff, to proceed in forma pauperis. I, Margaret M. Simok, attorney 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 services to the party. Margare'f M. Simok Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 6 SUZANNE LY'NETTE BUTLER PLAINTIFF EDWARD JAMES BUTLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1845 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 25, 2003 , upon. consideration of the attached Complaint, it is hereby directed that parties and their respective counsel, appear before J'acqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 20, 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 existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FORTI~ COURT, By: /s/ ]acqueline 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 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 170 l 3 Telephone (717) 249-3166 JUL 31 ZOO3 V EDWARD JAMES BUTLER, Defendant SUZANNE LYNETTE BUTLER, : IN TI~IE~ COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-1845 CIVIL TERM : CIVIL ACTION ~ LAW : : IN CUSTODY ORDER OF COURT AND NOW, this S ~ day of -~ z,--- .... · . ~q,t,~ . ,20U3, upon consideration of the attached Custody Conciliatio~ Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 22, 2003 is hereby vacated. 2. The Mother, Suzanne Lynette Butler, and the Father, Edward James Butler, shall have shared legal custody of Elizabeth Rose But]er, bom November 3, 2000 and Brian Michael Butler, bom July 16, 1998. 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. 3. Mother shall have primary physical custody of the Children. 4. Father shall have periods of partial physical custody as follows: A. Two consecutive overnights on a weekly basis, to coincide with Father's work schedule and at times agreed by the parties. In the event that Father's two consecutive nights end on a Sunday, return time shall be no later than 8:00 p.m. B. Such other times as agreed by the parties. 5. Thanksgiving shall be alternated from year to year with Father having physical custody of the Children in odd numbered years and Mother having physical custody in even numbered years. The time shall be from 9:00 a.m to 9:00 p.m. 6. Christmas shall be divided into two Blocks. Block A shall be from 10:00 a.m. Christmas Eve to 10:00 a.m. Christmas Day. Block B shall be from Christmas Day from 10:00 a.m. to December 26 at 10:00 a.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 7. The parties shall share the Easter holiday at times agreed by the parties. 8. Mother's Day/Father's Day. Mother shall have physical custody of the Children on Mother's Day from 9:00 a.m. to 7:00 p.m. Father shall have physical custody of the Children on Father's Day from 9:00 a.m. to 7:00 p.m. 9. The parties shall share the following holidays based on their work schedules and as agreed by the parties: Memorial Day, July ,lth and Labor Day. 10. Each party shall be entitled to physical for one uninterrupted week during the year. One week is hereby defined at seven (7) consecuti~Je days. The parties shall give each other thirty (30) days prior notice of exemising this provision. This week shall never occur to include the aforementioned Christmas holiday, schedule. In the event that the patties take the Children out of the jurisdiction, they must provide the no,n-custodLal parent with an address and telephone number where they may be reached. 1 t. The parties acknowledge that Father obtained a drag and alcohol evaluation and Father shall follow through and successfully complete alt recommendations thereof. t2. Transpme~atitm shall beshared as age, ed, by the~pa~ies, tt is aekaowledg~ that generally.the, Children will be droppod off and picked by at their daycare facility, unless exchanges occur on weekends, at which times the parties shalt agree to another exchange arrangement. 13. Neither party shall consumer alcohol prior to or while the Children are in their custody. The parties shall assure as much as possible th~tt other parties around the Children will not be intoxicated. 14. Neither party shall smoke while in the Children s presence, nor penmt third parties to smoke in the Children's presence. 15. Neither party will do or say anything nor permit a third party to do or say anything which may estrange the Children from the other party, or injure the opinion of the Children as to the other parent or which may hamper the f~ee and natural development of the Children's love and respect for the other parent. 16. 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. BY THE COURT, ev~ess~ cc.'/Jgan Care Es uire Mid Pe ' : ~ y, q , nn Legal Services, Counsel for Mother ~Robert B. Lieberman, Esquire, Counsel for Father 0 -d6-03 EDWARD JAMES BUTLER, Defendant SUZANNE LYNETTE BUTLER, : IN TI~E COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-1845 CIVIL TERM .. : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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: NA/VlE Elizabeth Rose Butler Brian Michael Butler DATE OF BIRTH November 11~ 2000 July 16, 1998 CURRENTLY 1N CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on July 30, 2003, with the following in attendance: The Mother, Suzanne Lynette Butler, with her counsel, Joan Carey, Esquire, Mid Penn Legal Services and the Father, Edward James Butler, with his counsel, Robert B. Lieberman, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated May 22, 2003 granting shared legal custody, Mother having primary legal custody and Father having periods of supervised visitation. 4. The parties agreed to an Order in the form as attached. Date ~icqt~ine M Ve y, q ' z~ Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Suzanne Lynette Butler, n/k/a Suzanne Lynette Jackson, Plaintiff, vs. Edward James Butler, Defendant. NO. 2003-1845 CIVIL DIVISION - LAW ACTION IN CUSTODY It ORDER OF COURT AND NOW, this /1' day of --- `- 2011, the Stipulation of the parties, dated December 16, 2011 is incorporated herein by reference and is hereby entered as a Final Order of Court. BY T COURT, J. cy C) ...ate r•.s -'a :;Z77 t'- - -. fh O K x '--'! }='C) O-n C? C) C°3 -^-i3"Tl .w? Ty :;Q Ln t11 ooney '* &-we ? ;- dward 8uWet Ce&s I,w,,'l ed ///a-/0, P'yI.