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HomeMy WebLinkAbout08-5724KRISTIE L. SULLENBERGER, Plaintiff vs. FREDERICK L. SULLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, KRISTIE L. SULLENBERGER, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is KRISTIE L. SULLENBERGER, an adult individual who resides at 103 Hollow View Lane in Enola, Cumberland County, Pennsylvania. 2. The Defendant is FREDERICK L. SULLENBERGER, an adult individual who resides at 24 Lancaster Avenue in Enola, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife. 4. The Plaintiff and Defendant are the parents of one minor child, Hunter Owen Sullenberger, age 9, bom 19 November 1998. 5. Plaintiff seeks an award of shared legal custody and primary physical custody of the child. 6. The child was not born out of wedlock and at the time of this Complaint. 7. During the past five years, the minor child has resided with the following persons at the following addresses: 2003 - late September 2008 24 Lancaster Avenue Enola, PA September 2008 to present 103 Hollow View Lane Enola, PA Plaintiff & Defendant Plaintiff only 8. The mother of the child is the Plaintiff who resides at the address set out above. She is married to the Defendant. 9. The father of the child is the Defendant who resides at the address set out above. He is 11 married to the Plaintiff. 10. The Plaintiff is the natural mother of the child. Plaintiff currently resides with the child at the address listed above 11. The Defendant is the natural father of the child. Defendant currently resides alone at the address listed above. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested by Plaintiff for the following reasons: A. Plaintiff has been the primary care provider for the child during the child's entire life; B. Defendant's work schedule prevents him from being available for the child most times when the child is not in school; and C. Plaintiff is in a better position to provide for the emotional, financial, and nurturing needs of the child. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff prays this court to award the parties shared legal custody of the child Hunter Owen Sullenberger and to award her primary physical custody of the child with periods of temporary custody for the Defendant. el L. s Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: a ?S? 08 STIE . ULLENB GER 1 ? ? 1 r) <:, ri c On KRISTIE L. SULLENBERGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FREDERICK L. SULLENBERGER DEFENDANT 2008-5724 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 28, 2008 at 2:00 PM 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. 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/ Dawn S. Sunda Es q. ,j eA 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 ? f- .,?7w of V VW kILNn _ 9 C :1 Wa i -x.30 OOOZ KtiVJ QNQ ,:,71 d 3RL jU 3,0iaK 31U Kristie L. Sullenberger : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2008-5724 CIVIL TERM Frederick L. Sullenberger : CIVIL ACTION - LAW Defendant : IN CUSTODY' ANSWER TO COMPLAINT IN CUSTODY AND NOW, comes the Defendant, Frederick L. Sullenberger, by his attorney, Galen R. Waltz, and makes the following Answer to the Complaint in Custody: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. It is admitted that the Plaintiff seeks an Order for Shared Legal Custody and Primary Physical Custody of the child; however, it is believed, and therefore it is averred that Shared Legal Custody and Shared Physical Custody would best serve the interest of the child. 6. Admitted 7. Admitted and denied in part. It is admitted that the minor child has resided with Plaintiff and Defendant from February 2003 to September 27, 2008 at 24 Lancaster Avenue Enola, Pennsylvania; however, upon the Plaintiff's leaving the marital residence and entering into a year lease for 103 Hollowview Lane Enola, Pennsylvania the child has shared the residence both the marital residence with the Defendant and the Lancaster Avenue with the Plaintiff. 8. It is admitted that the mother of the child is the Plaintiff who resides at 103 Hollowview Lane in Enola, Pennsylvania and that she is married to Defendant. 9. It is admitted that the father of the child is the Defendant who resides at 24 Lancaster Avenue, Enola, Pennsylvania and that he is married to the Plaintiff. 10. It is admitted that the Plaintiff is the natural mother of the child; it is denied however in so much as the averment implies that the child resides exclusively or primarily with the Plaintiff at the Hollowview Lane, Enola address. To the contrary, the child resides equally with Mother and father. 11. It is admitted that the Defendant is the natural father of the child; however, it is denied that the Defendant resides! alone at the 24 Lancaster Avenue, Enola, Pennsylvania address. To the contrary, the child resides with both Plaintiff and Defendant equally which is a situation that mirrors the prior living arrangement with parents 12. Admitted. 13. It is denied that the best interest and permanent welfare of the child will be served by granting the relief requested by the Plaintiff; to the contrary it is believed and therefore it is averred that the best interest and permanent welfare of the child will be served by jproviding both Shared Legal Custody and Shared Physical Custody for the following reasons: a. It is denied that Plaintiff has been primary care provider for the child during' the child's entire life; to the contrary the Defendant and Plaintiff have shared equally in providing care for the child which ranges from the healthcare of the child to his social introductions to his everyday maintence; b. It is denied that the Defendant's work schedule prevents him from being available for the child most times When the child is not in school; to the contrary and as the Plaintiff is aware, the Defendant is self-employed and has rearranged his work schedule in order that he is available and physically present for his son at all times when the child is not in school; and c. It is denied Plaintiff is in a better!! position to provide for the emotional, financial and nurturing needs of the child; the Defendant has spent the child's entire lifetime providing for the necessary emotional, financial and nurturing needs for the child to the extent that the Defendant is not locked into a work day schedule similar tothat of the Plaintiff and further that the Defendant has and continues to provide the necessary financial needs for the child along with the attendant emotional and nurturing needs. 14. Admitted. WHEREFORE, the Defendant prays this court deny Plaintiff request for an award of Primary Physical Custody of the child Hunter Owen Sullenberger and instead the Defendant prays that this court award Shared Legal Custody of the child and Shared Physical Custody of the child to both Plaintiff and Defendant. T fag Date Carlisle, 'A 17013 (717) 246-9688 Attorney' for Defendant VERIFICATION I verify that the statements made in the foregoing Answer to Complaint in Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. to-- T-OV Date -- ;Z;? Fte rick Sullenberger CERTIFICATE OF §I ERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Answer to Complaint in Custody, by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the $th day of October, 2008, from Carlisle, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA. 17043-0168 Kristie L. Sullenberger 103 Hollowview Lane Enola, PA 17025 TURO LAW OFFICES I I alen Rl. Waltzeeet uire 28 South Pitt S C arlisle, PA 17013 (717) 245-9688 Attorney for Defendant hJ ("'7, C" r I ca 4" NOV 0 7 20086) KRISTIE L. SULLENBERGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-5724 CIVIL ACTION LAW FREDERICK L. SULLENBERGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?a day of d w°'??-??-?,?' , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Court House on the A-?`day of a;t 1 30pw. 2009, at which time testimony will be taken. For purposes of the hearing, the Mother, Kristie L. Sullenberger, 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 the hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the parties shall have custody of the Child as arranged by agreement. 3. Pending the hearing, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference in the event the parties agree it would be useful to establish custody arrangements without the necessity of the hearing. BY THE COURT, cc: ' Snuel L. Andes, Esquire - Counsel for Mother G en R. Waltz, Esquire - Counsel for Father iEs m,?? t LL VIWAIA d*ad ,Jzkvvw fix`,. P ltlyl 00 :8 WV £ I AON Z Adda4OHi03!110 3OH40-&W,.' KRISTIE L. SULLENBERGER Plaintiff vs. FREDERICK L. SULLENBERGER Defendant IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5724 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY 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 Hunter Owen Sullenberger November 19, 1998 Mother/Father 2. A custody conciliation conference was held on November 3, 2008, with the following individuals in attendance: the Mother, Kristie L. Sullenberger, with her counsel, Samuel L. Andes, Esquire, and the Father, Frederick L. Sullenberger, with his counsel, Galen R. Waltz, Esquire. 3. The Mother filed this Complaint for Custody seeking primary physical custody of the Child. There is no prior Order in this matter. 4. The parties had substantial discussions at the conciliation conference concerning all of the possible options concerning parenting arrangements for their son. Although the parties are able to communicate well with each other and were focused on the interests of the Child, the parties simply have a difference of opinion as to the type of custody schedule which will best meet the Child's needs. Despite their cooperative efforts to reach an agreement as to an ongoing schedule for the Child, they were unable ultimately to reach an agreement and it will be necessary to schedule a hearing. 5. The Mother's position on custody is as follows: The Mother believes that the Child should have a consistent, primary residence during the school year to promote consistency and to avoid additional transitions. The Mother was willing to establish a more shared schedule during the summer school break. The Mother expressed concern that the Child often has difficulty sleeping after exchanges of custody during the school week and believes that is an indication that a primary N arrangement would be more beneficial. The Mother believes it would be in the Child's best interest if she were the primary custodian of the Child during the school year and that a more shared arrangement were implemented during the summer break. 6. The Father's position on custody is as follows: The Father believes it would be most beneficial for the Child to have maximum involvement and contact with both parents during the entire year. The Father indicated that he has a close relationship with the Child and believes that the Child would miss their relationship if the Father were relegated to alternating weekend periods of custody and some mid-week evenings during the school year. The Father believes that any adjustment issues the Child may be experiencing now are due to the fact that the schedule has been unsettled and remains unresolved as of this point. The Father believes that the Child would do well under a shared schedule throughout the year if the parties agreed on such a schedule and implemented it. The Father stated that he does not want to become a "Disney dad" who does not share in the regular ongoing school routine for the Child. 7. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter and reflecting the parties' agreement to continue making arrangements pending the hearing on an ongoing agreed-upon basis. Date Dawn S. Sunday, Esquir Custody Conciliator KRISTIE L. SULLENBERGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FREDERICK L. SULLENBERGER : DEFENDANT : NO. 08-5724 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 18th day of March, 2009, after a hearing on the matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Hunter Owen Sullenberger, born November 19, 1998, is the natural child of Kristie L. Sullenberger (Mother) and Frederick L. Sullenberger (Father). 2. The Mother, Kristie L. Sullenberger and the Father, Frederick L. Sullenberger, shall enjoy shared legal custody of Hunter Owen Sullenberger, born November, 19, 1998. Major decisions concerning their child, including, but not necessarily limited to, the child's 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 the child's best interest. Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections for the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the child 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 thereafter possible. 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 given to either party as a parent. 3. Both Mother and Father shall enjoy shared physical custody of Hunter Owen Sullenberger in accord with the following schedule: a. Each parent's week with their son shall alternate beginning Friday at 3:30 P.M. and concluding the following Friday at 3:30 p.m. Mother shall begin her first week of custody under this Order on Friday, March 20, 2009, at 3:30 p.m. b. During the Father's custodial week, the Mother shall have temporary custody of her son on Monday and Wednesday from 3:30 p.m. until 8:30 p.m. During Mother's custodial week of her son, the Father shall have temporary custody of his son on Tuesday and Thursday from 3:30 p.m. until 8:30 p.m. 4. Each parent is entitled to two consecutive weeks of uninterrupted vacation time during the child's summer vacation from school each year and will exercise their two weeks of vacation to include one of their regular weeks of custody so that the custody schedule will continue without interruption at the end of their periods of custody. Each parent will give at least thirty (30) days prior written notice to the other parent as to the times and dates they propose for this period of vacation and will also provide the following information: a. An itinerary of the vacation, with the start and end dates for vacation. b. List of all Parties accompanying the child on the vacation, location (addresses) and telephone numbers for the destination. c. Contact telephone number of the child. 5. Holidays shall be defined as follows: a. Thanksgiving - Father shall have custody of the child on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. Mother shall have custody of the child on Thanksgiving Day from 2:00 p.m. until 7:00 p.m. This schedule shall remain the same each year. b. Christmas Eve and Christmas Day - During even years, Father shall have custody of the child from Christmas Eve at 3:00 p.m. until Christmas Day at 3:00 p.m. Mother shall have custody of the child on Christmas Day from 3:00 p.m. until 3:00 p.m. the day after Christmas. c. The Christmas Eve/Christmas Day schedule shall rotate and alternate so that Mother shall have the child Christmas Eve/Christmas Day on all odd numbered years and Father shall have the child on Christmas Day to the day after Christmas at 3:00 p.m. d. Easter - Father shall have custody of the child on Easter from 9:00 a.m. until 2:00 P.M. Mother shall have custody of the child on Easter from 2:00 p.m. until 7:00 p.m. This schedule shall remain the same each year. e. Mother shall have custody of the child on Mother's Day from 9:00 a.m. until 8:30 p.m. Father shall have custody of the child on Father's Day from 9:00 a.m. until 8:30 p.m. 6. Exchange of Custody - The custodial parent shall deliver the child to the non-custodial parent. 7. Mutual Agreement - The parties may modify this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. 8. In the event either party wishes to modify this Order they may petition to have the Order modified. By the Court, ??-ukk.A\ M. L. Ebert, Jr., J. Xmuel Andes, Esquire Attorney for Plaintiff ,$alen R. Waltz, Esquire Attorney for Defendant 4 LN; iiNno a ?j ? ? 0 Wd 6 ! 8VW 6001 '31HI -40 Ira. `401...0,TI !