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HomeMy WebLinkAbout03-3502ROBERT L. CUTLIP, III, : Plaimiff : V. : NICOLE HALE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0,3 - 3 'o IN CUSTODY COMPLAINT FOR CUSTODY The plaintiff is Robert L. Cutlip, III, residing at 1141 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. The defendant is Nicole Hale, residing at 57 Oliver Road, Enola, Cumberland County, Peunsylvania 17013. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Madison Marie Cutlip 57 Oliver Road 3/7/00 3 Enola, PA 17025 Mikenna Marie Cutlip 57 Oliver Road 3/7/00 3 Enola, PA 17025 The children were not bom out of wedlock The children are presently in the custody of Nichole Hale, 57 Oliver Road, Enola, Cumberland County, Pennsylvania 17025. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons Robert L. Cutlip, III & Nichole Cutlip (Hale) Nichole Cutlip (Hale) Sam Knisley Roxanne Knisley Nichole & Chuck Hale List All Addresses 1141 Longs Gap Rd. Carlisle, PA 17013 101 Spur Road Carlisle, PA 17013 57 Oliver Road Enola, PA 17013 Dates 3/7/00 - 2/02 2/01 - 12/01 12/01 to present The mother of the children is Nichole Hale, currently residing at 57 Oliver Road, Enola, PA 17025. She is married. The father of the children is Robert L. Cutlip, III, currently residing at 1141 Longs Gap Road, Carlisle, PA 17013. He is unmarried. The relationship of plaintiff to the children is that of Father. The plaintiff currently resides with the following persons. Name Lisa Robinson Paige Robinson Kaylie Cutlip Relationship Girlfriend Girlfriend's child Father's daughter from previous Marriage - shared - week on, week off The relationship of defendant to the children is that of Mother. The defendant currently resides with the following persons. Name Chuck Hale Alexis Hale 2 other children (names unknown) Relationshir~ Husband their daughter Plaintiffhas participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired and in the best imerest of the children so that the Plaintiff and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. A Court Order determination of custody is required to avoid continuing conflicts between the parties regarding parental responsibility for custody. 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 below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim N/A WHEREFORE, Plaimiff requests this Court grant Plaintiff primary physical custody with Plaintiff. Respectfully submitted, ROMINGER & BAYLEY Mark F. Bayley, Eg~uire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 87663 Attorney for Defendant VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Robert L. Cutlip, III, Plai[ti~f ROBERT L. CUTL1P, III PLAENTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 03-3502 CIVIL ACTION LAW NICOLE HALE : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, July 29, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 28, 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 THE COURT. By: /s/ Hubert X. Crilroy, 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) 249-3166 ROBERT L. CUTLIP III, Plaintiff VS. NICOLE HALE, : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3502 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this court dated August 8, 2002 shall continue in effect as modified by this Order. 2. The parties shall schedule a counseling session(s) for the Children (and any other individuals deemed necessary by the counselor) with Georgi Anderson as soon as possible. The purpose of the session(s) shall be to obtain an assessment regarding the Children's contact and relationship with the Father's girlfriend, Lisa Robinson. The parties shall obtain recommendations from Georgi Anderson as to any issues identified as being significant to the Children's well-being in the custody situation. The parties agree to follow the recommendations of the counselor with regard to contact between the Children and Lisa Robinson. The parties shall equally share all costs of the counseling/assessment. 3. In the event the parties are not able to resolve all outstanding custody issues through the counseling assessment, a hearing is scja~duled in Courl2Roo~ No, ~ , of the Cumberland County Court House, on t_he ,.~I1~'~ day of ~,~'/'~'~ ~ ,2003, at 1,' Oll~ o'clock ~;~ .m at which time testimony will be taken. For purposes of the hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten (10) days prior to cc//qVlichael Sheldon, Esquire - Counsel for Mother ,t~ark F. Bayley, Esquire.- Counsel for Father o -0 Edward E. Guido J. the hearing date. ROBERT L. CUTLIP III, Plaintiff VS. NICOLE HALE, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3502 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 subjects of this litigation is as follows: NAME Madisson Marie Cutlip Mikenna Marie Cutlip DATE OF BIRTH CURRENTLY IN CUSTODY OF March 7, 2000 Mother March 7, 2000 Mother 2. A Conciliation Conference was held on August 28, 2003 with the following individuals in attendance: The Mother, Nicole M. Hale (formerly Cutlip), with her counsel, J. Michael Sheldon, Esquire and the Father, Robert L. Cutlip III, with his counsel, Mark F. Bayley, Esquire. 3. This Court previously entered an Order in this matter on August 8, 2002, under which the Mother had primary physical custody of the Children and the Father had partial custody every Sunday and on alternating Saturdays pending an assessment by a counselor of the Children's readiness to expand the partial custody schedule to overnights. Subsequently, the Father filed a Petition for Modification requesting expanded contact with the Children and the Mother filed a Petition for Modification seeking limitation of contact between the Father's paramour and the Children. The parties agreed at the conference to obtain an assessment by Georgi Anderson of the concerns raised by the Mother with regard to contact between the Children and the Father's girlfriend in an effort to resolve all of the outstanding custody issues. However, the Father's counsel requested that a hearing be scheduled at this time as a precaution to prevent delay in the event the counselor's involvement does not result in a resolution. The conciliator had recommended to the parties that they attempt to resolve the issues with the counselor before having this matter scheduled for heating as, generally, counseling is more effective without impending litigation. It appears that there would be no dispute as to the actual custody schedule if the issues regarding the Father's girlfriend were resolved, either by a determination that there is no detriment to the Children or by recommendations as to how to address any existing problem. 3. The Mother's position on custody is as follows: The Mother stated that she had no objection to the Father's proposed partial custody schedule if the Father's girlfriend who now lives in his residence were not present during periods of custody. The Mother believes that the Children are afraid of Ms. Robinson and resist going to the Father's residence for periods of custody because of her presence. According to the Mother, the Children have said that Ms. Robinson physically disciplines them to the point of causing bruising. The Mother also indicated that the Children are upset by fights between the Father and Ms. Robinson. The Mother stated that prior to Ms. Robinson's move to the Father's residence in the Spring, the custody schedule had been expanded pursuant to the counselor's (Georgi Anderson) recommendations to overnights and that things were going smoothly. The Mother requested that there be no contact between the Children and Ms. Robinson until the counselor's assessment has been completed. The Mother expressed concern regarding the Father's supervision of the Children during periods of custody, but the main issues focused on the conduct of Ms. Robinson with the Children. 4. The Father's position on custody is as follows: The Father seeks to have custody of the Children on alternating weekends, holidays and summer vacation. The Father denied the Mother's allegations concerning his girlfriend's conduct toward the Children. The Father stated that Ms. Robinson never physically disciplines the Children and that they get along well during his periods of custody. The Father indicated that he has always been present during periods of custody with the Children. Although the Father acknowledged that he and Ms. Robinson have had arguments, the Father stated that he has removed the Children from the situation promptly. The Father requested that an alternating weekend partial custody schedule be put into effect pending completion of the assessment by Georgi Anderson. 5. Both parties seemed committed to resolving the issues discussed at the conference through the assistance of Georgi Anderson, who had previously been involved with the family in expanding the partial custody arrangements. Therefore, the conciliator is hopeful that the hearing will not ultimately be necessary. However, if this matter does proceed to heating, it is expected that the hearing will require up to one-half day. 6. The conciliator recommends an Order in the form as attached, providing for resolution thorough counseling and scheduling a heating as requested by the Father's counsel in the event counseling is unsuccessful. D~e t Dawn S. Sunday, Esquire Custody Conciliator NICHOLE M. (CUTLIP) HALE, Plaintiff/Petitioner ROBERT L. CUTLIP, III, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-3502 CIVIL TERM IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 13th day of October, 2003, after hearing, our prior Order of August 8, 2002, shall remain in full force and effect except as modified herein: 1. Father shall have partial physical custody of the children every other Saturday from 9:00 a.m. until 5:00 p.m. 2. Father shall have partial physical custody of th~ children every Sunday from 12:30 p.m. until 7:00 p.m. 3. The children are to be picked up from the Mother's residence by Father alone to commence visitation and shall be returned to the Mother's residence by Father alone. 4. Mother shall cooperate in assuring that the children accompany Father during his periods of visitation. This Order is meant to be temporary only, and we will re-visit the entire situation at the hearing on October 30, 2003. Edward E. Guido, J. Attorney for Plaintiff/Petitioner Michael Sheldon, Esquire srs Mark F. Bayley, Esquire Attorney for Defendant/Respondent ROBERT L. CUTLIP, III Plaintiff V. NICOLE HALE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-3502 CIVIL TERM CIVIL ACTION - LAW : : IN CUSTODY IN RE: AGREEMENT OF THE PARTIES ORDER OF COURT AND NOW, this 30th day of October, 2003, by agreement of ~he parties, all prior custody orders are vacated and replaced With the following: Mother shall have primary physical and legal custody of th~ children, Madisson Marie Cutlip, born March 7, 2000, and Mik~nna Marie Cutlip, born March 7, 2000. Father may have visitation at such times and places as agreed upon by the parties. We will schedule another hearing in this matter at the requesd of either party. By the. C~rt, Edward E. Guido, J. /Mark F. Bayle' 155 South Hani Carlisle, PA For the Plainl /J. Michael Sh~ 6059 Allentowl Harrisburg, Pi For Defendant :mae ', Esquire ~ver Street 17013 ~iff ~ldon, Esquire Boulevard 17112