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HomeMy WebLinkAbout04-3759 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS MICHAEL S. HUSLER and JUDY A. HUSLER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. CASSANDRA L. COLSON and SHAWN FETTER : NO. 2004- CIVIL TERM Defendants : CUSTODY PETITION FOR SPECIAL RELIEF AND NOW come the plaintiffs, Michael S. and Judy A. Husler, by their attorney, Nathan C. Wolf, Esquire, and present the following complaint for custody, representing as follows: 1. The plaintiffs are Michael S. and Judy A. Husler, adult individuals residing at 530 Conodoguinet Avenue, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Cassandra L. Colson, an adult individual with a last known mailing address of 529 North Pitt Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania. 3. The defendant is Shawn Fetter, an adult individual with a last known mailing address of 162 Markwood Drive, Bedford, Bedford County, Pennsylvania. \: 1: 4. The plaintiffs are the maternal grandparents and defendants are the natural parents of one minor child, namely: Name Patience Rayne Fetter Present Residence 530 Conodoguinet Ave. Carlisle, PA 17013 Age 5 years D.O.B.12/06l1998 tit. Co 5. The child is presently in the custody of Plaintiffs since May 1, 2004. Plaintiffs have cared for the child for extended periods of time throughout her life. Since she was approximately one year lSSL ---------.- --...=-.. -.,....._~.>-..- VERIFICATION We, the plaintiffs in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of our infonnation and belief. We each unde.rstand that false statements herein are made subject to the penalties of 18 Pa.CS. ~4904, relating to unsworn falsification to authorities. July -30 ,2004 7//~~ ~. Michael S. Husler / 'f~/v~' July Jo .2004 > U~,/ ~d..vc/ /Judy j( Husler ,--....-.. ~-- ~ ~ f\., , 1; ~ w ~ .,J .&\ -,J C) '" () c:-:> c-.-.-) " _c- '.'1 ~T:: _y! I'll:".", , '-') .) ,-, '-,.- C':'i (') , --" ) ,., ::::j';: ,>:'j r~n .c- (,,) NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS MICHAEL S. HUSLER and JUDY A. HUSLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : CIVIL ACTION - LAW ; :j'1{q : NO. 2004- CIVIL TERM CASSANDRA L. COLSON SHAWN FETTER Defendants : CUSTODY ORDER OF COURT NOW this J 0' day of July, 2004 upon consideration of the Attached Petition for Special Relief, the following Order is hereby issued: 1. PP.....ding 11 cu,lvJy conciliation conference in this matter, primary physical custody shall be with PW"J[[s. . 1< J/ A.c-..'l "" Ih-J.......... II ~00f4 .,., q,,~. 2. Pending kuthcr O.ocr of Coll't, Defendants are specifically directed not to remove the child from the primary custody of Plaintiffs. 3. The Court Administrator's office is direct to schedule an expedited conciliation conference to fully address the presented in this matter. By the Court, ,fJ J. " ~~ y~~ r- ).;:. C) ,..., ~:;) c;';) .C" r~ II'" o 'TI ::;:l fl"iJd -'OJ--n -hO (';~ '1 :;'::.l~,;,); ':'::'~~~ l~, ~..I N t...0 ;.;.:~,~ :s -< f'.) 1'.:) MICHAEL S. HUSLER AND JUDY A. HUSLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYL VANIA v. J7s<1 04-3459 CIVIL ACTION LAW CASSANDRA L. COLSON AND SHAWN FErrER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, August 05, 2004 , 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 011 Tuesday, AUl(ust 31, 2004 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 Cnstody orders to the conciliator 48 hours prior to scheduled hearin\(. FOR THE COURT. By: Isl Jacqueline M. Verney. Esq. Custody Conciliator mhc 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 ilhe 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 ATroRNEY 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 .~~.~~~ ~ ho'h.~ .-JI;p '7- ~ ~ j~.k~ h.f;:? ,g ~ ~ }'ph(J. A .3> vl~-j\f/\-~.\S~.,:!~:1d I ",~~.- n.. "'-"'''n''' JW"l) 1(.).) '.J' ':>::n, v LI :[; ~Id S - :J!lV ~ooz AdVlCNCH.lOi::id 3Hl :10 3JI:J:1()--CB11:J ~~ MICHAEL S. BUSLER and JUDY A. HUSLER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-3759 CIVIL vs. CASSANDRA L. COLSON and SHAWN FETTER, Defendants CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 1'3' day of August, 2004, after hearing, pending conciliation and/or further order of court, the defendants are directed not to remove the child from the primary custody ofthe plaintiffs. The plaintiffs are directed to assure regular and unsupervised visitation with the mother, Cassandra L. Colson. This order is entered for the sole purpose of maintaining the status quo and, thus, stability in the life ofthe child pending conciliation and is in no way intended to reflect the view of the court as to the ultimate outcome of the matter. BY THE COURT, ~athan C. Wolf, Esquire F or the Plaintiffs '7 4-. I9L . Hess, J. v1effrey Biringer, Esquire For the Defendant Colson ()'6-J3-0~ :rlm '~",.~ a\ >- r~~; - l~;; LI.J(:: (..:, ~') 0" fJ:~{~ q..) Cry 8':;: - 0- cEh~.cl (D oe"...' F: .q;C -'T "J LL CO" 0 <.= 0 '" 'V SEP 0 1 2004 'V . MICHAEL S. HUSLER AND JUDY A. HUSLER, Plaintiff V. : IN THE COURT 0]1 COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 3759 : NO. 2004-~ CIVIL TERM CASSANDRA L. COLSON AND SHAWN FETTER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 3~ day of S 9 lL"....Ir- ,2004, upon consideration ofthe attached Custody Conciliatio"h Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 13, 2004 is hereby vacated. 2. The maternal grandparents, Michael S. Hus1er and Judy A. Husler and the Mother, Cassandra L. Colson, shall have shared legal custody of Patience Rayne Fetter, born December 6,1998. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. For purposes ofthis Order, the child shall attend Carlisle school district schools. 3. schedule: The parties shall share physical custody of the child on the following A. Maternal Grandparents shall have physical custody of the child from Sunday at 4:00 p.m. to Friday after school, when Mother shall pick up the child from school, and one weekend out of every four weekends. B. Mother shall have physical custody of the child from Friday after school to Sunday at 4:00 p.m. and thre:e weekends out of every four weekends. C. Mother shall also have physical custody of the child every day from after school to 5:00 p.m. when Mother will deliver the child to Grandmother's work. 4. Grandparents shall be responsible for picking up the child on Sundays. 5. Mother shall insure that the child has no lIDsupervised contact with Donald Greth. 6. Mother shall have physical custody ofthe child over the Thanksgiving holiday as agreed by the parties. V1N,III,l).sr'li\jjd ''''n~.-, r,,"./., ....,...."",.., Iu"i\, It).".' ~,I''',., "::!.'(~';-'~IIV eo :8 N~ L - dJS ~DaZ Ab'V'lOI JOHJ.C8d 3!-ll :10 381:330-031Lj 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for December 6, 2004 at 9:30 a.m, BY THE COURT, /).;l J. cq: Nlithan C. Wolf, Esquire, Counsel for maternal grandparents : Geoffrey Biringer, Esquire, Mid Penn Legal Services, Counsel for Mother '"' MICHAEL S. HUSLER AND JUDY A. HUSLER, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : 3159 : 2004-J4S9 CIVIL TERM CASSANDRA L. COLSON AND SHAWN FETTER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Patience Rayne Fetter December 6. 1998 Maternal grandparents 2. A Conciliation Conference was held in this matter on August 31. 2004, with the following individuals in attendance: The maternal grandparents. Michael S. Husler and Judy A. Husler, with their counsel, Nathan C. Wolf. Esquire and the Mother, Cassandra L. Colson, with her counsel, Geoffrey Biringer, Esquire, Mid Penn Legal Services. Plaintiffs counsel attempted service on Father at Father's last known address. The mail was returned undelivered. It was reported that Father has had no contact with the child for four years. 3. The Honorable Kevin A. Hess entered an Ord,~r of Court dated August 13, 2004 pursuant to an Emergency Petition, maintaining the status quo of physical custody with the maternal grandparents. 4. The parties agreed to the entry of an Order in the form as attached. '] -1-0 ..; Date ~~k,b, acq line M. Verney, Esquire Custody Conciliator ... NOV 2 3 2004 f. MICHAEL S. HUSLER, And JUDY A. HUSLER, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 315'1 : NO. 2004-M!l1J CIVIL TERM CASSANDRA L. COLSON And SHAWN FETTER, Defendants : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 23rd day of November, 2004, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~,t~~~ciliator VINVA1AS\lN3d AJJNf"I"";^ r,' 'K-:: ;~"-:!Mn~ ' .~, .' J J . ',- \,' 'I.~ .'- .... \:' .' I...",. '0_""" 'lH I Z :2 Wd fJ2 AON ~OOl Ab'v'lONOHlOOd 3Hl :10 30!:i-lQ-{J311:i NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO, 87380 37 SOUTH HANOVER STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MICHAEL S. HUSLER and JUDY A. HUSLER, v. CASSANDRA L. COLSON and SHAWN FETTER : NO. 2004-3759 CIVIL TERM Defendants : CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this P- day of /ftNi 2005, by and between MICHAEL HUSLER and JUDY HUSLER (hereinafter referred to as "Grandparents") and CASSANDRA L. COLSON (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother is the natural parent of one minor child who is the subject of this custody action namely, Patience Rayne Fetter (age 6 years, born December 6, 1998) (hereinafter referred to as "child"); and, WHEREAS, Grandparents initiated the instant action in custody by complaint filed July 30, 2004 at the above term and number, and, WHEREAS, the Father, Shawn Fetter was deemed to have had service of the prior pleadings in this matter and failed to appear for any proceedings concerning the custody of the child; and, WHEREAS, the CoUrt issued an Order dated September 3,2004, following a conciliation conference establishing shared custody of the child with the Grandparents and the Mother, both legal and physica4 and, WHEREAS, the parties wish to enter into a 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 continue to have joint legal custody of the minor child. B. The Gnmdparents shall have primary physical custody of the child. C The Mother shall have periods of visitation with the child from time to time upon the mutual agreement of the parties. D. During periods of Mother's visitation with the child, she shall ensure that the child does not have unsupervised contact with Donald Greth. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F. 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. G. 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. H In the event of the breach of the agreement of the parties by any pany, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific perlormance 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 perlormance of this agreement shall be recoverable as part of the judgment entered by the court. 1. While the parties are free to modify the provisions of this stipulation by their mutual and complete agreement, any substantiaV 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. J. Mother was previously represented by Mid-Penn Legal Services, Inc., in the person of Geoffrey Biringer, Esquire, and has been advised of her right to have counsel review this agreement prior to its execution and has either done so or has waived her right. 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 Illodification of said Order. V~IFlCATlON ~:o. CO~~lRMATI0~, OF AGREBMENI We do hereby verify that the acts set fonh in this stipulation are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.e.S. ~ 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confinuation, 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. AurJc ~ (p ,2005 ?{(f;t~1 j ~~EAL) M CHAEL S. HUS R f1uCju<J 'J...(f' ,2005 Qw4 4. J!u~ (SEAL) J DY A. HUSLER (I 0Y~AJ.tvV-J UO~SEAL) CASSANDRA L. COLSON (\ ,] f jjVc:J\)c,~ ~'-P .2005 COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the ?~ day of /Iv tJ 'Pi , 2005, before me, the undersigned officer, personally appeared :MIa-IAEL'?BUSLER, 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 pwposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nathan C. vloIf. Nolaty Public Carlisle 80m, Cumbertand County My Commission Expires PfN. 19, 2008 Member, Pennsylvania Association Of Notarles (SEAL) COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, thZ4' dayof A/U',.cq ,2005, before me, the undersigned officer, personally appeared JUDy A. BUSLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the pwposes therein contained. COMMONWEAffil" (~nI~~~AilIEREOF, I hereunto set my and official seal. -- ~ Natt<>n C. Wolf, NoIaJy Public ClII1isIe 80m. Cumbelland County N' ." My~ Expires Apr. 19.2008 0 a Member. Penns't\vanla ASSOCiation Of Notarles COMMONWEALTH OF PENNSYLVANIA: :SS: (SEAL) COUNTY OF CUMBERLAND On this, theZ{; day of 461.<'!)T, 2005, before me, the undersigned officer, personally appeared CASSANDRA L. COLSON, known to me (or satisfactorily proven) to be the person whose name is subscnbed to the within instrument and acknowledged that she executed same for the pwposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my official seal. COMMONWEALTH OF PENNSYLVANIA Nolartal Seal Nathan C. Wort. No1aJy Public CartlsIe 80m. Cumbertand County . MyCcmmlssionExpJresApr.19,2OO8 ~b;'mber, PennsYlvania Association Of Notaries (SEAL) (") ~~ r-' <eo> "'" "'" ~ c.-'J N 0"1 c ~ -< "f':'1/S. :;:"";;:' - - <;? ,... :t:"1] fl"'l.F-~ -08 -::~J\ ):.. \~i'~~ s~jl1 -" ~~ v.> v:> - YRECEIVED AUG 292005 v\ Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MICHAEL S. HUSLER and JUDY A. HUSLER, v. CASSANDRA L. COLSON SHAWN FETTER : NO. 2004-3759 CIVIL TERM Defendants : CUSTODY ORDER OF COURT AND NOW, this ~ day of fl..,... v ,2005 upon presentation and consideration of the within stipulation and agreement, and upon agreement of the parties, it is hereby ordered and decreed as follows: A The parties shall have joint legal custody of the minor child, Patience Rayne Feuer, (born December 6, 1998, age 6). B. The Grandparents shall have primary physical custody of the child. C The Mother shall have periods of visitation with the child from time to time upon the mutual agreement of the parties. D. During periods of Mother's visitation with the child, she shall ensure that the child does not have unsupervised contact with Donald Greth. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F. 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. G. 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. H 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. I. While the parties are free to modify the provisions of this stipulation by their mutual and complete agreement, any substantiaVpelmanent 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 fonnality of the agreement of the parties. J. 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, J. ~ i=:~ U_i~-? 9-C> t\, -.., ~~)t~_ l~g:. '~C~\ u..p '6 ,0 C--J - ~"'"'" C- (") (}.) ~ .g "'" <-' (: .-,,, ~:;.- j . , !7'