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HomeMy WebLinkAbout03-5987NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8080 ATTORNEY FOR PLAINTIFF KELLY L. GETTLE, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW PATRICIA A. DOYLE, : NO. 2003-St-7 CIVIL TERM Defendant :CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, Kelly L. Gettle, by his attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Kelly L. Gettle, an adult individual residing at 665 Oakville Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is Patricia A. Doyle, an adult individual residing at 289 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff seeks custody of the following children: Name Present Residence Age James Paul Gettle 289 Plaza Drive 10 Months Boiling Springs, PA 17007 D.O.B. 12/27/2002 4. Plaintiff and defendant are the natural parents of the child. 5. The child was born out of wedlock. 6. The child is presently in the custody of defendant but resided with both parents from the time of his birth until May of 2003. Since that time, the child has been in the custody of the defendant, who has permitted plaintiff generally only supervised visitation at defendant's residence and except for approximately two occasions, has not permitted plaintiff to take the child for any period of overnight custody, despite the plaintiffs requests to enjoy periods of partial physical custody at plaintiffs own residence. Plaintiff has, however, maintained regular visits with the child so that he might be able to at least see his son. 7. The parties have never been married. 8. The mother of the child is currently single. 9. The father of the child is currently single. 10. 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. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested herein because the defendant has engaged in irrational behavior which plaintiff believes to have the effect of placing the well-being of the child in an unstable and harmful environment and which is specifically designed to alienate the child from his father and to unreasonably dictate father's custodial rights. 14. Defendant abruptly kicked the plaintiff out of the residence, and simultaneously demanding plaintiff continue to provide her specifically with financial support, as well as requiring him to provide substantial support for the child while also retaining plaintiffs personal property in the residence until only recently. During this time, Defendant only permitted visitation between plaintiff and the child when it suited defendant's mood. Furthermore, except for two occasions, defendant has not permitted plaintiff to have periods of partial physical custody. 15. Plaintiff maintains stable employment, a stable home environment and was and equal caretaker for the child when the parties resided together. 16. Plaintiff acknowledges the need for the child to have a relationship with defendant and will, if given the opportunity, work to reinforce that relationship, 17. By defendant's own actions, she has demonstrated that she is not inclined, nor is she likely to take steps to support and nurture the relationship between the plaintiff and the child. WHEREFORE, for the reasons set forth herein, plaintiff, Kelly L. Gettle, respectfully requests that the Court enter an order granting primary physical custody of the child to the plaintiff. Respectfully submitted, November,, 2003 rvA i HAN r AWo-rnev for tSQUTRE IRWM-L-AW OFFICE 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. November J? 2003 ,W, ? Kelly . 6ettle, Plaintiff r 77 ?i 1 ? p G KELLY L. GETTLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-5987 CIVIL ACTION LAW PATRICIA A. DOYLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 20, 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 Thursday, December 18, 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 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/ _facgReline M. Varney. Esq. L 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 1.7013 Telephone (717) 249-3166 -? ? ? ;lr?; ?7N?7.tS,VN?d a Fo? ???? ??•/mil/ ??li?j rr 7 DEC 1 7 2003 V KELLY L. GETTLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5987 CIVIL TERM PATRICIA A. DOYLE, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 17`h day of December, 2003, the Conciliator, having been advised that the parties have reached a stipulated agreement, hereby relinquishes jurisdiction in this matter. FOR THE COURT, i fyw C .?? u acq line M. Verney, Esquire, Custo y Conciliator i ruJ=lr'?E10 1330 CON Q?O!IiQldd ?Hl d0 ]OL440-OT113 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.8080 ATTORNEY FOR PLAINTIFF KELLY L. GETTLE, Plaintiff V. PATRICIA A. DOYLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 2003-5987 CIVIL TERM :CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this /7?day of c u , 2003, by and between KELLY LEE GETTLE (hereinafter referred to as "Father") and PATRICIA ANN DOYLE (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the parents of one minor child, namely, JAMES PAUL GETTLE (age 1 year, born December 27, 2002) (hereinafter referred to as "child"); and, WHEREAS, the parties wish to enter into an amended custody agreement relative to the custody of the child; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: A. The parties shall have joint legal custody of the minor child. B. The parties shall have shared physical custody of the child on a weekly basis with the Father and Mother exchanging custody of the child on Sunday mornings at 8:00 o'clock a.m., with Father's week to begin on December 21, 2003. C. The parties shall share physical custody of the child on holidays in accordance with the following schedule, beginning at 8:00 o'clock a.m. on each holiday and lasting until 8:00 o'clock p.m. on each holiday, regardless of the normal shared custody schedule: 1. In 2003, Father shall enjoy custody of the child on Christmas. 2. In 2004, and continuing in even-number years thereafter, Mother shall enjoy custody of the child on New Year's Day, Memorial Day, Labor Day and Christmas. 3. In 2004, and continuing in even-number years thereafter, Father shall enjoy custody of the child on Easter, Independence Day, Thanksgiving and the child's birthday. 4. In odd numbered years the parties shall therefore enjoy a holiday schedule opposite to those set forth in paragraphs C(2) and C(3). 5. It is specifically contemplated that the party who does not have custody of the child on Christmas shall have custody of the child on the child's birthday, December 27, from 8:00 o'clock a.m. until 8:00 o'clock p.m. D. The Father shall always have the child on Father's Day and the Mother shall always have the child on Mother's Day from 8:00 o'clock a.m. until 8:00 o'clock p.m., respectively. E. Each party shall have at least two weeks of uninterrupted vacation time with the child each year and shall give the other party at least thirty (30) days written notice of the date for such vacation. F. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. H. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. I. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. J. While the parties are free to modify the provisions of this stipulation by their mutual and complete agreement, any substantial/permanent modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. The parties anticipate engaging in a review of this agreement and making any necessary modifications at least six (6) months before the child is enrolled in school. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this stipulation are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. ??• 7 , 2003 - c (SEAL) KELL LEE GETTLE J 2003 (SEAL) PATRICIA ANN DOYL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the l7;`'day of2?E , 2003, before me, the undersigned officer, personally appeared KELLY LEE GETTLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF. I hereunto se(lmv hand and official NOTARIAL SEAL (SEAL) HAROLD S. IRWIN,111, NOTARY PUBLIC CARLISLE BOROUGH, COUNTVOFCUMBERLAND otary Public MY COMMISSION EXPIRES OCTOBER 22, 2006 COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the day of AGov-44--.2003, before me, the undersigned officer, personally appeared PATRICIA ANN DOYLE, known to Ire (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my and and offs ' eal. (SEAL) No ry Pu ' NOTARIALSEAL I(p,NDI L. LENKER, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES FEBRUARY 20, 2005 C. G ?" O Y. - ? c r,T 3 ,- ? _ - w r P (? _. _? , ='°; ,n co '-err ?_ NATHAN C. WOLF, ESQ ATTORNEY ID NO. 87380 64 SOUTH PITT STREET CARLISLE PA 17013 (717)243.6090 ATTORNEY FOR PLAINTIFF DEC 2 3 2003 (. KELLY L. GETTLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PATRICIA A. DOYLE, :NO. 2003-5987 CIVIL TERM Defendant :CUSTODY ORDER OF COURT AND NOW, this ,day of Dec . , 2003 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor child, James Paul Gettle (born December 27, 2002, age 1). B. The parties shall have shared physical custody of the child on a weekly basis with the Father and Mother exchanging custody of the child on Sunday mornings at 8:00 o'clock a.m., with Father's week to begin on December 21, 2003. C. The parties shall share physical custody of the child on holidays in accordance with the following schedule, beginning at 8:00 o'clock a.m. on each holiday and lasting until 8:00 o'clock p.m. on each holiday, regardless of the 0 normal shared custody schedule: f 0 :0 ',l J 6 v 0i0 £OOZ C?i?? .7?-1? .gyp 1. In 2003, Father shall enjoy custody of the child on Christmas. 2. In 2004, and continuing in even-number years thereafter, Mother shall enjoy custody of the child on New Year's Day, Memorial Day, Labor Day and Christmas. 3. In 2004, and continuing in even-number years thereafter, Father shall enjoy custody of the child on Easter, Independence Day, Thanksgiving and the child's birthday. 4. In odd numbered years the parties shall therefore enjoy a holiday schedule opposite to those set forth in paragraphs C(2) and C(3). 5. It is specifically contemplated that the party who does not have custody of the child on Christmas shall have custody of the child on the child's birthday, December 27, from 8:00 o'clock a.m. until 8:00 o'clock p.m. D. The Father shall always have the child on Father's Day and the Mother shall always have the child on Mother's Day from 8:00 o'clock a.m. until 8:00 o'clock p.m., respectively. E. Each party shall have at least two weeks of uninterrupted vacation time with the child each year and shall give the other party at least thirty (30) days written notice of the date for such vacation. F. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. H. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. I. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. J. While the parties are free to modify the provisions of this stipulation by their mutual and complete agreement, any substantial/permanent modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. The parties anticipate engaging in a review of this agreement and making any necessary modifications at least six (6) months before the child is enrolled in school. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. ?.3 RY THE MI IRT NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF KELLY L. GETTLE, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 2003-5987 CIVIL TERM CUSTODY PATRICIA A. DOYLE, Defendant PETITION FOR MODIFICATION NOW COMES the plaintiff, Kelly L. Gettle, by and through his counsel, Nathan C. Wolf, Esquire, and presents the following petition for modification of custody and in support thereof represents as follows: 1. Plaintiff is Kelly L. Gettle, an adult individual residing at 665 Oakville Road, Shippensburg, Cumberland County, Pennsylvania 17257. (Hereinafter referred to as "Father") 2. Defendant is Patricia A. Doyle, an adult individual residing at 233 Plaza. Drive, Boiling Springs, Cumberland County Pennsylvania, 17007. (Hereinafter referred to as "Mother") 3. The parties are the natural parents of one minor child, namely, James Paul Gettle, age 4, bom December 27, 2002. 4. The parties are currently subject to a custody order entered by agreement on December 29, 2003, by the Honorable J. Wesley Oler, Jr. (A true and correct copy of said order is attached hereto as Exhibit A). 5. The Order provides for, inter alia, the parties to share legal and physical custody of the child on an alternating weekly basis. 6. Circumstances have changed such that Father believes that shared physical custody of the child is no longer in the best interests of the child. 7. Father has observed conditions in mother's household which lead him to believe that the child's best interests and permanent welfare would be best served by granting him primary physical custody subject to Mother's periods of partial physical custody. 8. Among the circumstances which Father has observed that raise significant concerns include seeing Mother under the influence of alcohol while the child was in her custody, on one occasion, Mother was drinking a beer at 9:00 a.m. when Father came to pick up the child. 9. On another occasion, Mother was visibly intoxicated and was stumbling and slurring her speech at approximately 2:00 p.m. when Father came to pick up the child. 10. Recently, on March 15, 2007, after receiving custody of the child and as a result of bathing the child, Father learned that the child had an infection on his penis and Father took the child to the Carlisle Regional Medical Center for treatment. 11. The treating physician at the emergency room diagnosed the condition as being adhesions/infection and proceeded to remove the accumulated foreign material from the site which was an extremely painful procedure for the child and prescribed antibiotic treatment and routine cleaning of the site to avoid re-infection. 12. The physician then informed Father that the child's condition was the result of the child not being properly cleaned in the days prior to the examination. 13. Father expressed concern that the condition may have existed during his period of custody and the physician indicated that the onset of the condition was during the previous several days, during which time the child had been in the care of Mother. 14. Father immediately advised Mother by telephone of the child's condition and allowed her to communicate with the child as well. 15. Father followed the recommended treatment until Sunday, March 18, 2007 when he returned the child to Mother's custody, at which time, he explained that the child needed this specific care for the condition and explained the administration of the prescribed medication. 16. Mother refused to discuss the medical instructions and threatened to call the police if Father did not leave the child with Mother without the explanation. 17. Ultimately, Father was able to advise Mother of the medical instructions and he left the child in the custody of Mother. 18. On March 16, 2007, Father attempted to contact Mother by telephone to advise her that the child was scheduled to meet with a urologist on Tuesday, March 20, 2007, and discovered that Mother's phone had been disconnected. 19. Thereafter on March 19, 2007, Father traveled to Mother's home to provide her with the information concerning the appointment and Mother refused to communicate with Father concerning the appointment and directed Father to either leave the property or she would call the police. 20. Ultimately, Mother contacted the undersigned to seek the information concerning the appointment, which information was provided and Mother attended the appointment with the child. 21. Nonetheless, Father is concerned Mother will not follow-up with appropriate care for the child. 22. Father has provided Mother with considerable sums of money over and above the amounts paid through the Domestic Relations Section to ensure that Mother has sufficient resources to adequately feed the child. 23. These additional funds are requested by Mother because she will inform Father that she does not have money for food. 24. Nevertheless, Father has observed that Mother has a consistent supply of alcohol on hand. 25. The child is borderline obese and Father has taken steps to ensure that the child is on a regular and conscientious diet of low and non-fat foods. 26. Father believes that Mother has ignored the child's weight and condition and instead placates the child with candy and junk food. 27. Father believes and therefore avers that based upon the foregoing reasons, that an award of primary physical custody of the child with him would be in the child's best interests and serve his permanent welfare. 28. Father requests that the Court enter an order for an expedited custody conciliation conference so that these matters maybe heard as quickly as possible. 29. Father has not been provided with a new telephone number to contact Mother and she has indicated she will not provide him with a phone number because he has called her too many times in the past. 30. Father acknowledges that he repeatedly contacted Mother to ensure that she was taking care of the child's needs but maintains that he did so only to protect the child's welfare. 31. Father maintains a stable household and environment within which to raise the child. 32. Father is gainfully employed in Cumberland County and has sufficient means to care for the welfare of the child. 33. Father is willing and ready to ensure that Mother continues to have regular contact and a strong relationship with the child, if relief is granted. 34. Father believes that the best interests of the child will be served by granting the relief requested herein. WHEREFORE, for the reasons set forth herein, plaintiff, Kelly L. Gettle, respectfully requests that the Court enter an order modifying the existing custody order and grant shared legal custody to the parties and primary physical custody of the child to the plaintiff, subject to alternating weekend periods of physical custody of the child, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & W?F, Attorneys at Law Dated: March 2007 By: ffhan C. W 61f, Esquire West-High Street disle, PA 17013 preme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff NATHAN C. WOLF, ESQ ATTORNEY ID NO. 87380 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF DEC 2 3 2003 KELLY L. GETTLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATRICIA A. DOYLE, : NO. 2003-5987 CIVIL TERM Defendant :CUSTODY ORDER OF COURT AND NOW, this day of e , 2003 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor child, James Paul Gettle (born December 27, 2002, age 1). B. The parties shall have shared physical custody of the child on a weekly basis with the Father and Mother exchanging custody of the child on Sunday mornings at 8:00 o'clock a.m., with Father's week to begin on December 21, 2003. C. The parties shall share physical custody of the child on holidays in accordance with the following schedule, beginning at 8:00 o'clock a.m. on each holiday and lasting until 8:00 o'clock p.m. on each holiday, regardless of the normal shared custody schedule: W/9/7- A 1. In 2003, Father shall enjoy custody of the child on Christmas. 2. In 2004, and continuing in even-number years thereafter, Mother shall enjoy custody of the child on New Year's Day, Memorial Day, Labor Day and Christmas. 3. In 2004, and continuing in even-number years thereafter. Tather shall enjoy custody of the child on Easter, Independence Day, Thanksgiving and the child's birthday. 4. In odd numbered years the parties shall therefore enjoy a holiday schedule opposite to those set forth in paragraphs C(2) and C(3). 5. It is specifically contemplated that the party who does not have custody of the child on Christmas shall have custody of the child on the child's birthday, December 27, from 8:00 o'clock a.m. until 8:00 o'clock p.m. D. The Father shall always have the child on Father's Day and the Mother shall always have the child on Mother's Day from 8:00 o'clock a.m. until 8:00 o'clock p.m., respectively. E. Each party shall have at least two weeks of uninterrupted vacation time with the child each year and shall give the other party at least thirty (30) days written notice of the date for such vacation. F. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. H. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. I. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific -- -------- -- --- ----- performance of this agreement shall be recoverable as part of the judgment entered by the court. J. While. the parties are free to modify the provisions of this stipulation by their mutual and complete agreement, any substantial/permanent modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. The parties anticipate engaging in a review of this agreement and making any necessary modifications at least six (6) months before the child is enrolled in school. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, S/ J. TRUE COPY FROA4 In TPstimonY whereof, I hers. u +o sir and the seal Jf 'rny hand ......?6 Court Ca,_?a. Pro onotary VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. March Z , 2007 / Kelly . Gettle U fJ ?o o -? Q O Q wct c?ti ?' L 0 KELLY L. GETTLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-5987 CIVIL ACTION - LAW PATRICIA A. DOYLE, IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Patricia A. Doyle, in the above captioned case. fem. Jes c? Holst, Esquire Mi enn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 130, c ?? KELLY L. GETTLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. NO. 03-5987 CIVIL ACTION - LAW PATRICIA A. DOYLE, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Patricia A. Doyle, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Date:3 3o u-- MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 N C,i;; KELLY L. GETTLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-5987 CIVIL ACTION LAW PATRICIA A. DOYLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, March 26, 2007 , 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 24, 2007 at 8:30 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/ ac ueline M. Verne Es q. 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 2 sue" '?? <o• ? A? I.. 6110 W Z- 8dV LOOZ 2i it '.s ?wC :IjH. JO KU' 40-a---RJ A r APR 13 20070 KELLY L. GETTLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5987 CIVIL ACTION - LAW PATRICIA A. DOYLE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ day of 14 r , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the day of e9jt 2007, at = 34 o'clock, A. M., at which time testimony will be A en. 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. The prior Order of Court dated December 29, 2003 shall remain in full force and effect with the following modifications and additions: 3. The Father, Kelly L. Gettle and the Mother, Patricia A. Doyle, shall have shared legal custody of James Paul Gettle, born December 27, 2002. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. c? CD r - LL - W 4. Neither party may partake in alcoholic beverages or illegal drugs twenty- four hours prior to obtaining or during their period of physical custody of the child. 5. Telephone contact shall occur on Mondays, Wednesdays and Friday between 11:00 a.m. and 12:00 noon. 6. The parents shall assure that the child is enrolled in an eating clinic and keep all doctors' appointments. 7. Neither parent may discuss custody issues in front of the child, nor permit third parties to discuss custody issues in front of the child. Neither parent may swear at the other one in front of the child. They shall treat each other with respect while in the child's presence. 8. 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, -1 ZL ? tx--9 J?,,/ ey Oler, Jr., J. J. W V cc: Nathan C. Wolf, Esquire, Counsel for Father Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother ?"`? I . KELLY L. GETTLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5987 CIVIL ACTION - LAW PATRICIA A. DOYLE, Defendant : 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 James Paul Gettle DATE OF BIRTH CURRENTLY IN CUSTODY OF December 27, 2002 shared 2. A Conciliation Conference was held in this matter on April 12, 2007, with the following in attendance: The Father, Kelly L. Gettle, with his counsel, Nathan C. Wolf, Esquire, and the Mother, Patricia A. Doyle, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated December 29, 2003 providing for shared legal custody and shared physical custody. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father asserts that Mother failed to properly care for a medical condition that the child had; that she is the cause of the child's obesity; that Mother has a drinking problem and that she does not communicate with him concerning the child. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of the child. She denies the neglect, the drinking and being the cause of the child's obesity. She claims that Father is verbally abusive to her and calls her excessively. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the week on/week off schedule with the modifications as indicated. It is expected that the Hearing will require one day. q-(3 _G7 Date dacq661ine M. Verney, Esquire Custody Conciliator KELLY L. GETTLE, Plaintiff V. PATRICIA A. DOYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-5987 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of August, 2007, upon consideration of Plaintiff's Petition for Modification of Custody with respect to the parties' child, James Paul Gettle (date of birth December 27, 2002), and following a hearing which has not yet been concluded, the record shall remain open and counsel are requested to contact the Court's secretary for purposes of scheduling a further morning or afternoon for completion of the hearing. By the Court, v athan C. Wolf, Esquire For the Plaintiff ?essica Holst, Esquire For the Defendant :lfh 1 ? c?-o /?o 00 -.Pjl P"ll ?Vjl Z Z '; I Pl L C 3 Z KELLY L. GETTLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICIA A. DOYLE, Defendant NO. 03-5987 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of August, 2007, a further day of hearing in the above matter is scheduled for Monday, December 3, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, than C. Wolf, Esq. Attorney for Plaintiff Xssica Holst, Esq. Attorney for Defendant :rc J J. ?rz ?Z 0 All L 0 0 7 t?? C Elul, ?o KELLY L. GETTLE, Plaintiff V. PATRICIA A. DOYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5987 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR MODIFICATIN OF CUSTODY ORDER OF COURT AND NOW, this 30th day of November, 2007, upon relation of counsel in this matter that the parties have reached an agreement, the hearing previously scheduled for December 3, 2007, is cancelled. BY THE COURT, J esley O r, Jr., . Nathan C. Wolf, Esq. Attorney for Plaintiff JJ// o its m?-?C? P Jessica Holst, Esq. /d /s-/o?? Attorney for Defendant l :rc CT "ice) KELLY L. GETTLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-5987 CIVIL TERM PATRICIA A. DOYLE, CUSTODY Defendant STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODY AND NOW, this day of December, 2007, the plaintiff (hereinafter "Father") and the defendant (hereinafter "Mother"), having reached an agreement regarding custody and the best interest and welfare of their minor child, they hereby stipulate and agree as follows: 1. Legal Custody: The parties will share joint legal custody of James Paul Gettle, born December 27, 2002. The parties agree that major decisions concerning James, including, but not necessarily limited to, James' health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in James' best interest. Each party agrees not to impair the other party's rights to shared legal custody of James. Each party agrees not to attempt to alienate the affections of James from the other party. Each party shall notify the other of any activity or circumstance concerning James that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of James at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. 2. Physical custody of James will be as follows: a. During the school year, Mother will have custody of James from Sunday at 5:00 p.m. until Friday at 4:30 p.m. b. During the school year, Father will have custody of James from Friday at 4:30 p.m. until Sunday at 5:00 p.m. c. During the summer, Mother and Father shall share physical custody according to a week-on/week-off schedule beginning with Father on the Sunday after school ends for the academic year. The alternating weekly schedule will end the Saturday before school begins for the academic year. The parties intend to parent James with friendly cooperation and in a spirit of compromise and flexibility. Any conflicts will be governed by the Agreement, should any occur. 3. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well- being of James, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from James' schools, physicians, psychologists, or other individuals concerning his progress and welfare. 4. Holidays: a. Thanksgiving: The parties shall alternate the Thanksgiving holiday with Father having Thanksgiving in odd-numbered years and Mother having Thanksgiving in even-numbered years. If the parties are unable to establish a schedule for the Thanksgiving exchange, the Thanksgiving Holiday will be Wednesday evening at 5:00 p.m. until Thursday evening at 5:00 p.m. b. Christmas: In even-numbered years, Mother shall have James from Christmas Eve at 6:00 p.m. until Christmas Day at 1:00 p.m. Father shall have James from 1:00 p.m. Christmas Day until December 26`x' at 5:00 p.m. The parties shall work together to schedule any additional times for custody exchanges during James' winter break surrounding the Christmas holiday. c. Easter: The parties will alternate custody of James for Easter with Father having even-numbered years and Mother having odd-numbered years. The Easter holiday will be from 9:00 a.m. until 5:00 p.m. on Easter Sunday. d. Mother will have physical custody of James on Mother's Day and Father will have physical custody of James. On either day, the parent shall have James from 10:00 a.m. until 5:00 p.m. e. James' Birthdays: The parties will work together to ensure that both parents are able to spend some time with James on his birthday or the surrounding weekend. f. The holiday schedule outlined above will take precedence over the regular custody schedule. All other holidays not outlined above are subject to the regular custody schedule or other agreement of the parties. g. Summer Vacation: With thirty (30) days notice, each parent shall be allowed to choose a two week-long period of summer vacation time with James. One of the two weeks must consist of that parent's regularly scheduled week of custody. The second week can consist of the other parent's regularly scheduled week of custody. This structure will result in each parent having the opportunity for a period of custody that will last for three (3) consecutive weeks. In case of a disagreement regarding scheduling summer vacations, Mother shall have the first choice in even-numbered years and Father shall have the first choice in odd-numbered years. 5. The parents shall organize ways for James to maintain his friendships, extracurricular activities, and other special interests, regardless of which household he may be in. It is also suggested that toys, clothes, etc., not become matters of contention. Major gifts should be discussed and coordinated between the parents. 6. The parents shall permit and support James' access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc., shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time and date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for James which might interfere with regular visitation. 7. Each parent will exercise care in screening babysitting/childcare providers. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where James may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. Each parent shall have the right to first refusal to provide childcare for James if the custodial parent is unavailable. If the non-custodial parent is available to care for James while the custodial parent is working, James will be returned at the end of the parent's work shift. 8. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 9. Telephone contact: Each parent shall be entitled to telephone contact with James on Monday, Wednesday and Friday at a time to be coordinated by the parties. Any telephone contact between the parties should be focused on issues regarding custody and shall not be excessive, argumentative or combative. 10. No Conflict Zone: Each parent should agree to refrain from encouraging James to provide reports about the other parent. Communication should always take place directly between the parents, without using James as an intermediary. Each parent should encourage James to send the appropriate holiday cards to the other parent. 11. The parties agree that for the 2007 year and other odd-numbered years hereafter, Father shall claim James on his tax return. Beginning in 2008 and continuing for other even-numbered years hereafter, Mother shall claim James on her tax return. 12. The parties shall be entitled to custodial time outside the parameters of this Agreement so long as the parents agree to such changes or additions to the regular custody schedule. The parties also recognize that by agreement, they may make any changes, alterations or additions to any portion of this Agreement. In the case of a disagreement regarding such changes, the parties shall follow the custody schedule as outlined in this Agreement. WHEREFORE, the parties request that this Honorable Court confirm this Stipulation in an Order Confirming Custody. Respectfully submitted: KELLY L. ETTLE Nath C. Wolf &* Wgh Street PA 17013 (717) 241-4436 Attorney for Plaintiff < ' V"i' ? PATRICIA A. (DO WALCK 42iiennollxgal t, squire Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 Attorney for Defendant C7 Q n l ? ?. r ..?.. j}} f _- co {? . n DEC 19 2007 KELLY L. GETTLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-5987 CIVIL TERM PATRICIA A. DOYLE, CUSTODY Defendant ORDER AND NOW, this -day of December, 2007, on consideration of the attached Stipulation for Entry of an Agreed Order of Custody, it is hereby ORDERED and DECREED that the terms and conditions of the aforementioned stipulation are hereby entered as an Order of Court. BY THE COURT: y i E ? V V `?. - 43 V N C-i