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HomeMy WebLinkAbout09-1633KAREN S. GALBRAITH, Plaintiff V. RONALD J. GALBRAITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-110 33 :CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, KAREN S. GALBRAITH, by and through her attorney, ROBERT B. LIEBERMAN, ESQUIRE, and respectfully represents as follows: 1. Plaintiff, KAREN S. GALBRAITH, is an adult individual, residing at 127 Long Road, Apartment 1, Newville, Cumberland County, Pennsylvania. 2. Defendant, RONALD J. GALBRAITH, is an adult individual, residing at 15 Rays Drive, Newville, Cumberland County, Pennsylvania. 3. Plaintiff, KAREN S. GALBRAITH, seeks custody of the following child: Name Residence Age Wyatt J. Galbraith 127 Long Road, Newville, PA 20 months 4. The child was born to KAREN S. GALBRAITH and RONALD J. GALBRAITH. 5. Since birth, the child has resided at 15 Rays Drive, Newville, Cumberland County, Pennsylvania with Plaintiff and Defendant until February 28, 2009. The Plaintiff moved to her present address, on that date, with the child. 6. The mother of the child, KAREN S. GALBRAITH, is currently residing at 127 Long Road, Newville, Cumberland County, Pennsylvania. She is married. 7. The father of the child, WYATT J. GALBRAITH, is currently residing at 15 Rays Drive, Newville, Cumberland County, Pennsylvania. He is married. 9. The relationship of Plaintiff, KAREN S. GALBRAITH, to the child is that of mother. The Plaintiff currently resides with her daughter, Taylor J. Heilman, and the child. 14. The relationship of Defendant, RONALD J. GALBRAITH, to the child is that of father. The Defendant currently resides alone. 11. Plaintiff, KAREN S. GALBRAITH, has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in a court of this Commonwealth or any other state. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is ready, willing and able to provide a stable home environment for the child. 13. Each parry whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, KAREN S. GALBRAITH, requests this Honorable Court to grant her, joint legal and primary physical custody of the subject minor child. Respectfully submitted, $'W 61 DATED: R ROBERT B. LIEBERMAN, ESQUIRE 500 North 3`d Street, 12`x' Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct based upon my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. DATED: S-13. 67 _ 1? KAREN S. GALBRAITH, Plaintiff cr, w F*J j '0% KAREN S. GALBRAITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1633 CIVIL ACTION LAW RONALD J. GALBRAITH . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 20, 2009 , 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, April 30, 2009 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. 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. Gilroy, Es q. 10 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 r w;f, hew x s 9Z ' QZ 8VN 6001 KAREN S. GALBRAITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2009-1633 RONALD J. GALBRAITH, : Defendant :CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Personally appeared before me, a Notary Public in and for said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: 1. That on March 16, 2009, a Complaint for Custody was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on March 23, 2009, I forwarded by certified mail, return receipt requested, a copy of the Complaint for Custody to Defendant, RONALD J. GALBRAITH, at 15 Rays Drive, Newville, Cumberland County, Pennsylvania. 3. That the aforesaid copy of the Complaint for Custody sent to Defendant, RONALD J. GALBRAITH, was delivered, on March 27, 2009, as evidenced by the return receipt card signed by Defendant and attached hereto. 4. That to the best of my information and belief the signature on the return receipt card is, in fact, the signature of Defendant, RONALD J. GALBRAITH. SWORN TO and subscribed before me this _-"'4-_ day of , 2009. Lary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHERYL L. FERGUSON, Notary Public City of Harrisburg, Dauphin County iMy Commission Expires AprN 6, 2012 ROBERT B. LIEBERMAN, Esquire Attorney for Plaintiff (Domestic Mail Only; No Insurance Coverage Providec For delivery information visit our website at www.usps.com„ M M 0 Postage C3 $ .511 • Certified Fee - l C3 Return Receipt Fee Postmark C3 (Endorsement Required) C3 Here Restricted Delivery Fee r3 (Endorsement Required) ..D M1 Total Postage & Fees ru s L} .A C3 C3 Iti -------------------------- or reef, Apt. No.; PO Box No. City, State, ZIP+4 }7'A (7-2-41 Uil V I U 1, I/ ¦ Complete items 1, 2, and 3. Also complete A item 4 if Restricted Delivery is desired. I/ '/ lof ? ¦ Print your name and address on the t?verse X j.> so that we can return the card to you. B PH C ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: D. IS delivery add 1 If YES, enter deliv ad RDOAL D J- Cam. Ai_WI T-A U5P 15 RAYS PR WE QeW Vt L.LE, % PA l 7? 41 Delivery 3. Type JR-Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. n (G? p - I 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Number - (transfer from swvico Jabal) 7006 2760 0004 0033 7456 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 FUM-?T OF THE PRO , :NOTARY 2009 APR -2 PM 1; 21 ?'NIY €?'?; svSYLy'A?aA APR 2 3 2009 KAREN S. GALBRAITH, Plaintiff v RONALD J. GALBRAITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-1633 IN CUSTODY ORDER AND NOW, this day of April, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. 4??wp"'u Hubert X. Gilroy, Esq ' e Custody Conciliator "4 OF THE PR, ' - r ? trig ARY 2009 APR 24 PM 3: 12 OM C'& " &N ULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 KAREN S. GALBRAITH, n/k/a, KAREN S. MYERS Plaintiff/Petitioner v. n- FiLEQ_ .., T,HE PRCTF;f?,Jt7,r,,,',I 2011 APR 27 A,'1IC1- t?? '0UN8ERLANc9 C PENNSYLVAP "UhT ` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1633 CIVIL TERM RONALD J. GALBRAIH CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY AND NOW, comes the Petitioner, KAREN S. GALBRAITH n/k/a, KAREN S. AlYERS, by and through her attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions for modification of custody, and in support thereof avers the following: 1. Petitioner is Karen S. Galbraith n/k/a, Karen S. Myers, Plaintiff/Petitioner (hereinafter referred to as "Mother', who currently resides at 75 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania and is represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P. 2. Respondent is Ronald J. Galbraith, Defendant/Respondent (hereinafter referred to as "Father', who currently resides at 15 Rays Drive, Newville, Cumberland County, Pennsylvania and is representing himself Pro Se. -71'. re, 1"? 4 R* ; 5-? Vy9 I The parties executed a Custody Stipulation and Agreement for their minor child at the end of 2009, Wyatt J. Galbraith, born July 30, 2007, (hereinafter referred to as "Minor Child"). 4. According to the Custody Stipulation and Agreement the parties share Legal Minor Custody of the Child. Primary Physical Custody of the Minor Child shall be with Mother and Partial Physical Custody of the Minor Child shall be with Father based on the following schedule: a. Alternating weekends from Saturday at 11:00 a.m. until Monday at 5:30 p.m. b. Every Tuesday, Wednesday, Thursday and Friday form 11:00 a.m. until 5:30 p.m. c. During Mother's weekend, Father shall have visitation with the Minor Child from Sunday at 6:00 p.m. until Monday at 5:30 p.m. 5. The Order was signed by the Honorable Kevin A. Hess on December 15, 2009, and is attached hereto and made a part hereof marked as "Exhibit A". 6. Paragraphs one (1) through five (5) of this Petition are incorporated herein by reference as though set forth in full. 7. This Agreement should be modified because there are currently issues regarding transportation. As a result, the Petitioner is requesting slight modifications so as to avoid the current conflicts that are occurring between the parties. 8. The following changes are being requested to the current Custody Stipulation and Agreement: a. Alternating weekends should be changed to Saturday at 2:00 p.m. until Monday at 5:00 p.m. At the 2:00 p.m. drop-off, Mother is recommending the exchange location to be at the Sunoco Station on Exit 29 and on Mondays at 5:00 p.m., the pick-up of the Minor Child should be directly from the babysitter. b. On days that Father is exercising custody of the Minor Child, every Tuesday, Wednesday, Thursday, and Friday from 10:00 a.m. until 4:30 p.m. that the Minor Child be dropped off directly at the babysitters. The babysitter lives only 1.6 miles from Father's house, which would make a shorter drive time. c. Currently, during Mother's weekend the Minor Child should be picked-up on Sunday at 6:00 p.m. and returned Monday at 5:30 p.m. Mother is suggesting that Sunday at 6:00 p.m. also occur at the Sunoco Station at Exit 29 and on Monday the Father return the Minor Child directly to the babysitter at 4:30 p.m. d. Currently, the Custody Stipulation and Agreement allows the parties to alternate claiming the child as an exemption for Federal, State and Local tax purposes; however, Mother is requesting that this be removed from the existing Custody Order and the matter be handled through Cumberland County Domestic Relations. WHEIEFORE, the Petitioner/Mother requests that this Court modify the existing Custody Stipulation and Agreement to alleviate transportation issues that are currently arising between the parties and remove the existing alternating tax issue and allow Cumberland County Domestic Relations to handle this specific matter. Respectfully submitted, DATE 4(2II I ( "OM & KUTULA"S, L.L.P. ')'46a Qk jM& Michelle L. So er, Esquire Supreme Court ID 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner/Plaintff I, KAREN S. MYERS, verify that the statements made in this Petition for Modification of Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date ?("' -,2• YY1 KAREN S. MYERS AND NOW, this 2*i?- day of April 2011, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Modification of Custody, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Ronald J. Galbraith 15 Rays Drive Newville, Pennsylvania 17241 Pro Se Respondentl Defendant Respectfully submitted, Abom dig Kutulakis, L.L.P. gw(?- / I.-P, Michelle L. Sommer, Esquire Attorney ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Petitionerl Plaint f KAREN S. GALBRAITH, : IN THE COURT OF COMMON PLEAS OF n/k/a KAREN S. MYERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2009-1633 CIVIL ACTION - LAW RONALD J. GALBRAITH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this o20cv day of , 2011, upon consideration of the attached Custody Conci tion Report, it is ordered and directed as follows: I . A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the /,a q- day of , 2011, at // / 6-6 o'clock, /-. M., at which time testimony will e taken. For purposes of this Hearing, the Mother 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 five days prior to the Hearing date. 2. The Order of Court of the Honorable Kevin A. Hess, P.J. dated December 15, 2009 shall remain in full force and effect with the following modifications. 3. Father shall have physical custody of the child on Monday through Friday from 2:00 p.m. to 5:00 p.m. 4. On Mother's weekend Father shall have physical custody of the child from Sunday at 6:00 p.m. to Monday at 5:00 p.m. 5. On Saturdays and Sundays the parties shall exchange custody of the child at the Sunoco station at Exit 29 of I81. 6. Mother shall pick up the child on Monday through Friday at Father's house. 7. 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, ."(' 4 ?'/ Kevin . Hess, P.J. C-) -n c -a cc: Michelle L. Sommer, Esquire, Counsel for Mother ! n = . 0 - Jennifer L. Spears, Esquire, Counsel for Father ter' rv 774:3 co C) zo ? ter' rz ?4 KAREN S. GALBRAITH, : IN THE COURT OF COMMON PLEAS OF n/k/a KAREN S. MYERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2009-1633 CIVIL ACTION - LAW RONALD J. GALBRAITH, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.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: I . The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Wyatt J. Galbraith July 30, 2007 Mother 2. A Conciliation Conference was held June 24, 2011 with the following individuals in attendance: The Mother, Karen S. Galbraith, n/k/a Karen S. Myers, with her counsel, Michelle L. Sommer, Esquire, and the Father, Ronald J. Galbraith, with his counsel, Jennifer L. Spears, Esquire. 3. The Honorable Kevin A. Hess, P.J., previously entered an Order of Court dated December 15, 2009 providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends Saturday to Monday, every Tuesday, Wednesday, Thursday, Friday from 11:00 a.m. to 5:30 p.m. and from Sunday to Monday on Mother's weekend. 4. Mother's position on custody is as follows: Mother seeks to modify the current order to change the time Father has physical custody during the week and to do custody exchanges at the babysitter's house. 5. Father's position on custody is as follows: Father agrees to modify his times during the week but maintains that Mother should pick up the child at Father's house during the week. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and changing the time that Father has the child during the week but otherwise maintaining the status quo. It is expected that the Hearing will require one hour. bate icqjine M. Verney, Esquire Custody Conciliator KAREN S. GALBRAITH n/k/a IN THE COURT OF COMMON PLEAS OF KAREN S. MYERS, Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW C-) m RONALD J. GALBRAITH, NO. 2009-1633 CD 2? r" C r- ? Defendant/Respondent IN CUSTODY cn rte-- :Z IN RE : PETITION FOR MODIFICATION OF CUSTOENV c O RDER OF COURT > C w ma AND NOW, this 12th day of July, 2011, the or-cfer"6f-70 June 28, 2011, is ratified and confirmed in its entirety. By the Court, Kevin A. Hess, P.J. 'Michelle L. Sommer, Esquire For the Plaintiff/Petitioner Jennifer L. Spears, Esquire ?pp?e9M For the Defendant/Respondent p?8 :bg OM ~' LILAKIS Michelle L. Sommer, Esquire Attorney LD. #: 93034 2 West High Street Cmlisle, PA 17013 (717) 249-0900 r ;' _ , ~ ~! is ~.' ~J ,... } ~~t~~ NOY 26 P!~ ~~ ~ ~ ~U p~ t~NSYLVAN ~~~ ~+ KAREN S. GALBRAITH, n/k/a, IN THE COURT OF COMMON PLEAS KAREN S. MYERS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner v. NO. 2009-1633 IN CUSTODY RONALD J. GALBRAITH CIVIL ACTION -LAW Defendant/Respondent KEVIN A. HESS, PRESIDENT JUDGE THIS ADDENDUM entered into the day and year hereinafter set forth, by and between KAREN S. MYERS, (hereinafter referred to as "Mother") and RONALD J. GALBRAITH(hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely iY/YATT JEFFREY GALBRAITH, born July 30, 2007 (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and previous Orders of Custody have been entered by the Court, and wish to enter into this addendum regarding physical custody of the Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. All previous Orders of Court regarding the Child including legal custody and the holiday schedule shall remain intact. 2. Physical Custody Change: a. Father shall have custody of the Child every other weekend starting Saturdays at Noon until Monday morning when Father takes the Child to school. b. Father shall have custody of the Child on the Sunday of Mother's weekend at 2:00 p.m. until Monday morning when Father takes the Child to school. c. The Child shall take the bus home to Mother's residence at the end of school on Mondays. d. During the summer months when the Child is out of school Father shall have custody of the Child on Mondays until 5:00 p.m. 3. The parties stipulate that in making this Addendum, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 4. The parties acknowledge that they have read and understand the provisions of this Addendum. Each party acknowledges that the Addendum is fair and equitable and that it is not the result of any duress or undue influence. WITNESSETH: n ~ ~i1 D TE d A ,~ KAREN S. MYERS ( al) ~ ~ ~' ,, ,% ,~~~~- RAITH (seal) D KAREN S. GALBRAITH, n/k/a, KAREN S. MYERS Plaintiff/Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1633 IN CUSTODY RONALD J. GALBRAITH CIVIL ACTION -LAW Defendant/Respondent KEVIN A. HESS, PRESIDENT JUDGE AND NOW this Z`1 ~ day of X70-~+~ , 2012, the attached Addendum to Custody Order is hereby made an Order of Court. BY THE COURT, ~/ KEVI A. HESS, President Judge Distribution• / Michelle L. Sommer, Esquire Attorney for the Plaint I Abom & Kutulakis, L.L.P. i h S 4 `gC ~8 treet g 2 West H , 17013 PA Carlisle ~ l a, -. , , / ~ ~ ~ ~~~ : ~ ~_ Ronald .Galbraith ~~Q ~1~(~ ~ ~ ~' ~ ~ ~ Pro Se Defendant ~-~ z a3 ;~ ~ ~,. _.; r 15 Rays Drive ~'~ w ¢`.., ~; Newville, PA 17241 ~ ~~-- : ~-+~~ KR ' • -._ :.v: C... _ •-1 , ~ . .~