Loading...
HomeMy WebLinkAbout02-0826 " GARY L. & THERESA M. STATLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. AMANDA LYNN NICOLE STATLER : CIVIL ACTION IN CUSTODY : NO. 0 d- -1r~(p NOTICE TO DEFEND TO THE RESPONDENTS NAMED HEREIN: You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Le ban demandado a usted enia corte. Si listed quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectones a !as demandas en contra de su persona. Sea avisado que si usted no se defiende, las corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para listed. " GARYL. & THERESAM. STATLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. AMANDA LYNN NICOLE STATLER : CIVIL ACTION IN CUSTODY ;NO.Od-- ~cXe COMPLAINT IN CUSTODY 1. Plaintiffs are Gary L.& Theresa M Statler. Maternal Gtandparents, currently residing at 105 Farm Road. Newville. Cumberland County. Pennsylvania. 2. Defendant is Amanda Lyrm Nicole Statler. Mother, currently residing at 19 Soring Garden Estates. Carlisle. Cumberland County. Pennsylvania. 3. PIlJintiffs seek custody of the following child, Loean Bishop Statler. who was born on May 17, 1998. the child presently resides at 19 S~ Garden Estates. Carlisle. Cumberland County. Pennsvlvania. in the custody ofhis Mother, Amanda Lvrm Nicole Statler. She is single. The child was born out of wedlock Since the child's birth, the child has resided with the following persons, at the following addresses, for the following periods of time: (SEE ATTACHED) The Father of child is Robert Provins. currently residing at 12 Mt. Rock Road. Newville. Cumberland County. Pennsvlvania. He is single. 4. The relationship of the Plaintiffs to the child is that of Maternal Grandparents. The Plaintiffs currently reside with the following: Name Relationship Daughter Daughter Stephanie Marie Elaine Statler Alyssa Renee Elizabeth Statler 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with: Brianna Marie Lyrm Deaven ~ Bishop Statler Relationship Boyfriend Daughter Name Brian Edward Deaven Son 6. plaintiffs have not participated as a party or witness, or in any other capacity, in any other litigation conceming the custody of this minor child in this or another court. plaintiffs have information of a custody proceeding concerning the child pending in a court of this Commonweahh. The court, term and number and its relationship to this action is: 01-5833 plaintiffs do know of a person not a party to the proceeding.<; that have visitation rights with respect to the child. The name and address of such person is: Robert Provins. 12 Mount Rock Road. Newville. Cumberland County. Pennsylvania. 7. The best interest and permanent welfare of the child will be served by granting custody to plaintiffs because: During the time that ~ and Amanda lived with us, she spent many nights away from home (without~) sometimes without notifying us ofher whereabouts. We were responsible for at least 75 % of Logan's care. This even includes some of the doctors bills incurred at his birth. While not living with us we baby-sat ~ 4 to 5 times a week Many times ~ spent the night with us while his mother went out with her friends, sometimes without calling us to see if it was ok with us to watch ~ for the night. Amanda did not take any interest in ~'s childrearing. ~ referred to us as mom and dad many times while he lived with us. He called our house home. For the first two and a half years and the majority ofhis third year he was in our care. He spent vacations camping with us. Amanda did not go on the camping trips with us per her choice. His very first camping trip, he was only 3 months old He was becoming quite the fisherman and camper. We took many trips to the lakes in our area for swimming and hiking. ~ was also a regular at the Dickinson Presbyterian Church at both SWKlay school and Church services. He was baptized at this church. ~ was a part of our immediate family not just our grandson. He has spent every holiday ofhis life with all ofhis relatives on his Mother's side of the family except this past Christmas At the present time Amanda allows no contact from anyone from her side of the family. Amanda has even blocked us from going to visit ~ when he is with his father. Amanda has allowed him to call only once since November while her boyfriend was out of town in December. Since November they have even blocked our phone number and has even gone as far as changing their number so we could not call him from other places. We have seen ~ only twice in November at family functions. Since then no contact with his Mamaul (Amanda's Mother) or Poppy (Amanda's Step father) have been allowed. Since January of this year even Amanda's sisters and brother are not allowed any contact. Amanda had this entered into the visitation contract with ~'s father. During the first two years of ~'s.life Amanda made up lies to both the father's family and ours to keep us from talking to each other and then finally to keep ~ away from his father. These lies have only come to light recently with the renewed friendship ofboth the father and his family. Amanda has also made false accusations of child abuse against her stepfather after she found out that he was asked to be a witness against her boyfriend in a custody hearing for a child from his first marriage down in North Carolina. She even went as far as to call her step father's Mother and tell her that ifhe (her step father) did not back off she would tell everyone of the alleged abuse. We declined to file charges of tampering with a witness only because we were unable to afford another trip to North Carolina at the time. Amanda and Brian both have told her mother that we would never see the grandchildren if we could not accept Brian as a good father and a good person. Amanda uses ~ as a bargaining chip against anyone (in Amanda's own words) "who is against her and Brian". In November of last year Amanda and Brian's brother showed up at the plaintiff's door and demanded to take items out of the house some of which did not belong to her. She was asked to leave at which point she forced her way into the door. While in the house she attacked her Mother and then Brian's brother told her" if she calls the police just deny that anything happened and I will back you up. We will just lie about this too". On many occasions Amanda had been violent with her sisters and brother and verbally abusive ofher mother. On many occasions we had to take ~ outside because ofher violent reaction to disagreements between her and any one of our family members. In August of2001 Amanda bit her brother during a verbal confrontation between them. The majority of which were about Brian, who has a long record of drug abuse and theft. ~ and his mother lived with Brian for about 1 month in 2000; Brian threw Amanda and Logan's bel~ in his front yard because she was unfuithful to him. Luckily at the time we had Logan. Amanda was at a bar and called us, refusing to tell us where she was going. Amanda also told us that Brian had assaulted her at this same Bar earlier in the evening. Brian had also called us that night threatening to kill our daughter. Many times when we went by Brian's home Logan would cry, telling us he did not want to go there, he wanted to go home. Brian also attacked Amanda at his Mother's house while she was pregnant with his child Amanda would not press charges for either of the attacks so there are only police reports of the officer's visit to the residences when they were called to respond to a domestic dispute. After a short stay with Brian's parents in September, Amanda and Logan moved back into the trailer with Brian and his roommate who has a record of domestic abuse. Amanda and her Brian are presently under investigation for CORRUPTING TIlE MORALS OF MINORS and DISTRIBUTION OF CONTROLLED SUBSTANCES with the State Police. There is known alcohol and drug abuse in her present home. There are numerous witnesses, including our 16-year-old daughter to these allegations and that drugs were sold and used in ~' s presence. There are many stories of retail theft by Amanda's own admission to her sister Stephanie. Her boyfriend Brian has two warrants in North Carolina for ASSAULT ON A FEMALE and COMMUNICATING THREATS. Both warrants are un-served at this time. Brian has also tested positive for marijuana. It was a court ordered drug test on January 10, 2002. Amanda is inconsistent with her jobs, over the period from 6/1998 until currently she has had at least 4 different jobs and never worked a full year at any of them At the time of this Complaint Amanda was out of work again. The plaintiffs supported Amanda and ~ all previous times that she was unemployed. Amanda did not receive cash assistance or food stamps, only a medical card for ~ after he was born. Fora short period of time she received food stamps and assistance while living at Safe Harbor and while at her apartment. At this time ~ is almost 4 years old and still not potty trained, when he was taken from us, he was wearing underwear not pull-ups or diapers. We had to give his Christmas presents to his father for ~ and it was videotaped for us. We keep in contact with Logan's father so as to know how Logan is doing. This is the only way we have of knowing he is all right. Our two daughters were primary caretakers also while ~ was with us. Our daughters were allowed to visit with Logan at the time ofhis father's visitation, until the defendant decided she could not handle Logan's crying because they had to leave. We do not wish to take Logan away from his Mother completely or permanently . We feel that the " '. environment Logan lives in and what is being done to him psychologically is unfit. We are seeking custody of~ until his mother can show that she is maintaining the appropriate quality of life for him. 8. 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. All other persons, named below, who are known to have or claim to have a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, plaintiffs request this court to grant custody of the child to the Plaintiffs. February 15.2002 TheresaMStatler .. '. I verify that the statements made in this Complaint are true and correct. I understand that false Statements therein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsifications to authorities d/1iAMI1!rl. ~ ") plaintiffs LOGAN BISHOP STATLER Places of Residence since birth: GRANDPARENTS' HOME Gary Logan Statler Theresa Marie Statler Michael Logan Eugene Statler Stephanie Marie Elaine Statler Alyssa Renee Elizabeth Statler Amanda Lynn Nicole Statler JAMES WILSON SAFE HARBOUR Amanda Lynn Nicole Statler MOTHER'S APARTMENT Amanda Lynn Nicole Statler GRANDPARENTS HOME Gary Logan Statler Theresa Marie Statler Michael Logan Eugene Statler Stephanie Marie Elaine Statler Alyssa Renee Elizabeth Statler Amanda Lynn Nicole Statler MOTHER'S BOYFRIEND'S HOME Brian Edward Deaven Amanda Lynn Nicole Statler GRANDPARENTS' HOME Gary Logan Statler Theresa Marie Statler Michael Logan Eugene Statler Stephanie Marie Elaine Statler Alyssa Renee Elizabeth Statler Amanda Lynn Nicole Statler 105 Farm Road Newville, PA 17241 Penn Township Cumberland County W. High Street Carlisle, PA. 17013 Borough of Carlisle Cumbetland County 49 Yz W. High Street Carlisle, P A 17013 Borough of Carlisle Cumberland County 105 Farm Road Newville, P A 17241 Penn Township Cumberland County 19 Spring Garden Estates Carlisle, Pa. 17013 South Middleton Township Cumberland County 105 Farm Road Newville, P A 17241 Penn Township Cumberland County 5/1998-10/98 10/98-2/99 2/99-8/99 8/99-6/2000 6&7/2000 7/2000-9/2001 (continued from page 1) LOGAN BISHOP STATLER Places of Residence since birth: LLOYD DEAVEN'S HOME Lloyd Deaven Patricia Deaven Amy Deaven Amanda Lynn Nicole Statler Brianna Marie Lynn Deaven MOTHER'S BOYFRIEND'S HOME Brian Edward Deaven Amanda Lynn Nicole Statler Brianna Marie Lynn Deaven 832 Forge Road Carlisle, PA. 17013 South Middleton Township Cumberland County 19 Spring Garden Estates Carlisle, P A. 17Q13 South Middleton Township Cumberland County 912001-10/2001 10/200 I-present ~~~~ r.sa ~ .:Il::t: " ~ I ~C) <)..) :T) - ~ ~ c (") c ~ <':..,..,. ":Uf.r; i'f', r'~ Z:,".c: Zr - c.f)c, -<.- c; ,_) ::f:c'') L.= C) )>e: z =< c~ 1'<..1 -., ~1 LO ~il ()"l -rJ ::r: (; w :"j ~~ 1:::..... _'..J -< G.:> .- AMANDA LYNN NICOLE STATLER, Respondent :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. GARY L. & THERESA M. STATLER Petitioners : NO. 02-826 CIVIL TERM PETITION FOR SPECIAL REFlEF COMES NOW, GARY L. & THERESA M. STATLER, who does hereby aver as follows: 1. Petitioners are Gary L. and Theresa M. Statler, adult individuals, who reside at 105 Farm Road, Newville, Cumberland County, Pennsylvania. 2. Respondent is Amanda Lynn Nicole Statler, an adult individual who resides at 19 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the Maternal Grandparents and the Mother of Logan Bishop Statler, born May 17, 1998 and Brianna Marie Lynn Deaven, born July 3,2001. 4. The reason for this Petition is because Amanda and her boyfriend Brian (whom they live with) are presently under investigation for CORRUPTING THE MORALS OF MINORS and DISTRIBUTION OF CONTROLLED SUBSTANCES with the pennsylvania State Police. There is known alcohol and drug abuse in their present home. There are numerous witnesses, including our 16-year-old daughter, to these allegations and that drugs were sold and used in Logan's presence. Brian has warrants for his arrest in North Carolina for ASSAULT ON A FEMALE and COMMUNICATING THREATS. The warrants are un-served at this time. Brian has also tested positive for marijuana. It was a court ordered drug test on January 10, 2002. 5. The Petitioners are requesting temporary custody of both children until the mother can show she is drug-free and able to maintain an appropriate environment and lifestyle for her children. Cc: Amanda Lynn Nicole Statler ~ - ~ 0(} ~ ~ ~ ~ ---0 ;?. i-\ ., '" CIl i" ~ ~ () +- f () c ? -r~ f'i:i n_,['11 2: -;: ~j~. ~t ~2l -c -;7 :3 ~ (.) .l:) <J\ ~ C) r'-.l -., Pl G.7 C) j-I ..0 ;:'''l' o ~-' :::-i :::;:1 -< \ ,. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA GARYL. & 1HERESAM. STATLER V. 02-826 CIVIL ACTION LAW AMANDA LYNN NICOLE STATLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 21, 2002 , 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, March 28, 2002 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. 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 aU 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. Esq. ~k<-- 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 HA VB 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?Pf ~ /;< --- ~,?r/ ~ .p, - #Y c2' A~' 4'q f~-1l; ~!,Z ~~-;PP , V~~\v/'0,\Si\!N3d 1',\1(1'11' , "r"" '. 1\.1. ',," ',"> .,'1-1:..:1/-,'")'"" ",,-'nIIJ L ') :UI HV "2: r ..~ ('t?:.-Ji'e. t> c:<'Cl.y~' c> 1:'0.yr::>.6' GARYL. STATLER and : THERESA M. STATLER, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW AMANDA LYNN NICOLE STATLER, Defendant NO. 02-0826 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of February, 2002, upon consideration of Plaintiffs; Petition for Special Relief, this matter is referred to the custody conciliation process pursuant to Cumberland County Rule of Procedure 1915.12-1, and the Court Administrator is requested to facilitate and expedite this referral. BY THE COURT, ~tler Theresa M. Statler 105 Farm Road Newville, PA 17241 Plaintiffs ro Se z [op\e~ ..() a.:,\ed O~.:lk'()~ l p..~ :> Amanda Lynn Nicole Statler 19 Spring Garden Estates Carlisle, PA 17013 Defendant, Pro Se :rc CO:. 'v'lNV^lASNN'3d, }J.Nn08 OH\!ll:!39~m LS : \I \1'1 9Z 63320 ...., '.-',','J ':';;,U\ :\0 ttjV1CNI...kt:'..'0C:;. ~,'I 0- 1\ .,r'\~.l"I"{J:Jld :1>.).:.1...... Cum?e~land County Court~ ~ AdmInistrator - OIldh/tJ;l A.<., GARY L. & THERESA M. STATLER, PlaintiffslPeti tioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-826 CIVIL ACTION - LAW AMANDA LYNN NICOLE STATLER, DefendantlRespondent IN CUSTODY ORDER AND NOW, this _ day of , 2002, upon consideration ofthe within Preliminary Objections filed by DefendantlRespondent, and it appearing that the material facts in support of same are established of record, the Preliminary Objections are GRANTED. The Complaint in Custody and Petition for Special Relief are DISMISSED. BY THE COURT, , J. cc: Thomas J. Williams, Esquire Gary L. Statler and Theresa M. Statler F \FILES\DA T AFILE\Gendoc_cur\9781-po 1/lde Created; 021:;61020839:53 AM "Revised 02127/0212.38:01 PM 97813 GARY L. & THERESA M. STATLER, Plaintiffs/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-826 CNIL ACTION - LAW AMANDA LYNN NICOLE STATLER, Defendant/Respondent IN CUSTODY PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT IN CUSTODY AND PETITION FOR SPECIAL RELIEF AND NOW, comes Defendant/Respondent, Amanda Lynn Nicole Statler (hereinafterreferred to as "Mother"). by and through her attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and in support thereof, avers as follows: FIRST OBJECTION FAILURE TO CONFORM TO COURT RULES AND INCLUSION OF SCANDALOUS AND IMPERTINENT MATTERS 1. The Complaint in Custody refers to one child: Logan Bishop Statler, born May 17, 1998. A copy of the Complaint in Custody is attached hereto and marked as Exhibit "A." 2. The Petition for Special Relief refers to two children: Logan and Brianna Marie Lynn Deaven, born July 3,2001. A copy of the Petition for Special Relief is attached hereto and marked as Exhibit "B." 3. Gary and Theresa Statler are the parents of Amanda and are seeking custody of Amanda's two children: Logan and Brianna. 4. The gravamen ofthe pleadings is set forth in one long rambling paragraph stretching almost four pages in violation ofPa. R.C.P. 1022. 5. The above noted paragraph is a stream-of-conscious narrative, essentially testimonial in nature, much of which is scandalous and impertinent material that would be subject to objection. It would be unreasonably difficult for Mother to respond to this type of narrative made against her by her parents. SECOND OBJECTION PENDENCY OF A PRIOR ACTION 6. A custody action concerning Logan is currently pending in this Court at No. 01-5833. 7. A copy of the most recent Custody Order regarding Logan is attached hereto and marked as Exhibit "C." 8. Said Custody Order specifically prohibits any contact by Logan with his maternal grandparents (Petitioners herein). The reason for this unusual provision is the highly estranged relationship between Mother and her parents and the primary reason for that estrangement has been an incestuous relationship with her adoptive father (petitioner, Gary L. Statler) in violation ofl8 Pa. C.S. 9 4302 and the condonation of that relationship by her mother (petitioner, Theresa M. Statler). The said incest is currently the subject of a criminal investigation by the Pennsylvania State Police who have advised that her father (Petitioner, Gary L. Statler) confessed to it. 9. It is improper for the Petitioners, as maternal grandparents, to file a separate action regarding custody when there is already one pending; rather, the maternal grandparents should properly file a Petition to Intervene in the pending action if they believe they have custody rights which they desire to assert. THIRD OBJECTION NON-JOINDER OF A NECESSARY PARTY 10. The Complaint in Custody and the Petition for Special Relief are essentially an attempt to assert custody rights against two grandchildren wherein only the mother of the children is named as a party. II. Both these children have living fathers who are well known to Petitioners. 12. Custody pleadings cannot be entertained without the joinder of all person who assert custody rights, especially the parents, and afford them notice and an opportunity to be heard. WHEREFORE, Defendant/Respondent, Amanda Lynn Nicole Statler, respectfully prays Your Honorable Court to dismiss the Complaint in Custody and the Petition for Special Relief, or, in the alternative, to strike the procedurally improper portions of same. Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO BYThO:~~~ Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant/Respondent Amanda Lynn Nicole Statler Date: February 27, 2002 Exhibit A .' " GARY L. & THERESA M. STATLER : IN THE CQURT QF CQMMQN PLEAS QF : CUMBERLAND CQUNTY, PENNSYLVANIA VS. AMANDALYNNNICQLE STATLER : CIVIL ACTIQN IN CUSTQDY : NO'. 0:;' - <i;;), <:) C) (") c- p.,) -':1 ~: -." -Or,: ~ rrltr <...-:J Z}.' &>\'. (..T. (' . . .,.j r.~.....;.. :~_'.'. :::q .,-~:d ,. '" --~,~ '.::..'- ~- ~ TO' THE RESPQNDENTS NAMED HEREIN: j-;: F'. :":,' z .,.) :~:', You have been sued in Court. If you wish to defend against the claims set ~rth 1h the=< fullowing pages, you must take action within twenty (20) days after this Petition and Notice are served, by entering a written appearance personally or by attorney and fi1ing in writing with the Court your defenses or objections to the claims set furth against you. You are warned that if you fiill to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice fur any money claimed in the Petition or fur any other claim or relief requested by the PIRintiffit. You may lose money or property or other rights important to you. NOTICE TO DEFEND .n ,--, YO'U SHQULD TAKE TInS PAPER TO' YQUR LAWYER AT QNCE.IF YQU DO' NQT HAVE A LAWYER QR CANNQT AFFQRD QNE, GO TO' O'R TELEPHQNE THE omCE SET FQRnI I BELQW TO' FIND O'UT WHERE YQU CAN GET LEGAL HELP. CUMBERLAND CQUNTY BAR ASSQCIATIO~PV FROM RECORD 2 LIBERTY AVENUE f RUE ....."",-" CARLISLE, PA 17013 InT.:,"""'. c:adIIIL (717) 249-3166 and Le ban demandado a usted enia corte. Si listed quiere defenderse de stas demandas expuestas en 1as paginas siguientes, usted tiene viente (20) dias de plazo al partie de Ia fecha de Ia demanda y Ia tl()tificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en Ia corte en funna escrita sus defunsas 0 sus objectones a 1as demandas en contra de su persona. Sea avisado que si usted no se defiende, Ias corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en Ia peticion de deJlllUl4e. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para listed. EXHIBIT "A" GARYL.&THERESAM. STATLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA LYNN NICOLE STATLER : CIVIL ACTION IN CUSTODY : NO. COMPLAINT IN CUSTODY 1. Plaintiff.. are Gatv L.& Theresa M Statler, Maternal Grandparents, currently residing at 105 Farm Road. Newville. Cwnberl..rvt County. Pennsylvania. 2. Defendant is Amanda Lvm Nicole Statler. Mother, currently residing at 19 Sprine Garden 1<._...,,, Carlisle. Cumberland COIIIlty. Pennsvlvania. 3. Plaintiffs seek custody of the fullowing child, Looan B;~boo Sf>lt1er. who was born on May 17, 1998. the child presently resides at 19 SorinI!: C",rden Estates. Carlisle. l:1unberland ComItY. Pemsvlvani.. in the custody ofhis Mother, Amanda Lvm Nicole StJOtIP.r. She is single. The child was born out of wedlock. Since the child's birth, the child has resided with the fullowing persons, at the fullowing addresses, fir the following periods of time: (SEE ATIACHED) The Father of child is Robert Provins. currently residing at 12 Mt. Rock Road Newville. i Cumberland Countv. Pennsy1vanu. He is single. 4. The relationship of the Plaintiffs to the child is that ofMAtP.rOal Grandnarents. The Plaintiffs currently reside with the following: Name RelJOtinnqhin Stephanie Marie Elaine Statler Alyssa Renee E1izabeth Statler Daughter . Daughter 5. The relationship of the Defendant 10 the child is that of Mother. The Defendant currently resides with: Name Brian Edward Deaven Brianna Marie Lynn Deaven Logan Bishop Statler Relationship Boyfriend Daughter Son 6. plaintiffS have not participated as a party or witness, or in any other capacity, in any other litigation concerning the custody of this minor child in this or another court. p.a;m;ffi. have infonnation of a custody proc-ning concerning the child pending in a court of this Commonwealth. The court, tenn and nwnber and its relationship 10 this J actim is: 01-5833 plaintiffS do know of a person not a party 10 the proceeding; that have visitation rights with respect 10 the child. The name and address of such person is: Robert Provins. 12 Mount Rock RnouI Newville. Cumberland Counlv. Pennsvlvarlia 7. The best interest and permanent welfure of the child will be served by granting custody 10 PJ.WJtiffi, ~lPl'lP,: During the time that Logan and Amanda 1iVed with us, she spent Ill8Ily nights away from home (without Logan) sometimes without notiJYing us ofher whereabouts. We . - were res~ib~ fur at least 75 % of Logan's care. 1J1is e~ includes some of~ doctors bills incurred at his birth. While not living with us we baby-sat Logan 4 10 5 times a week. Many times Logan spent the night with us whi1e his mother went out with her friends, sometimes without ca1Iing us 10 see if it was ok with us 10 watch Logan for the night. Amanda did rot take any interest in Logan's chiIdrearing. Logan IerelleJ 10 us as mom and dad Ill8Ily times whi1e he Iived with us. He called our house home. For the first two and a half years and the IIIl\iori1y ofhis third year he was in our care. He spent vacations camping with us. Amanda did rot go on the camping trips with us per her choice. His very first camping trip, he was only 3 months old. He was becoming quite the fisherman and camper. We took many trips to the lakes in our area for swimming and hiking. Logan was also a regular at the Dickinson Presbyterian Church at both Sunday school and Church services. He was baptized at this church. Logan was a part of our immediate family not just our grandson. He has spent every holiday ofhis life with all ofhis relatives on his Mother's side of the fami1y except this past Cluistmas At the present time Amanda allows no contact from anyone from her side of the family. Amanda has even blocked us from going to visit Logan when he is with his father. Amanda has allowed him to call only once since November whi1e her boyfriend was out of town in December. Since November they have even blocked our phone munber and has even gone as fur as dv.nging their munber so we could not call him from other places. We have seen Logan only twice in November at fami1y functions. Since then no contact with his Mamaul (Amanda's Mother) or Poppy (Amanda's Step father) have been allowed. Since January of1his year even Amanda's sisters and brother are not allowed any conIlIct. Amanda had 1his entered into the visitation contract with Logan's father. During the first two years of Logan's life Amanda made up lies to both the father's fami1y and ours to keep us from talking to each other and then finally to keep Logan away from his father. These lies have only come to light recently with the renewed friendship ofboth the father lIIld his fami1y. Amanda has also made false accusations of child abuse agaimt her stepfather after she found out that he was asked to be a witness agaimt her boyfriend in a custody hearing for a child from his first marriage down in North Carolina. She even went as fur as to call her step father's Mother and tell her that ifhe (her step father) did not back off she would tell evetyane of the atIeged abuse. We declined to file charges oftawpetiug with a witness only ~ we were IUlBb1e to afford another trip to North Carolina at the time. AmaOOa and Brian both have told her mother that we would never see the grandchildren ifwe cou1d not accept Brian as a good :father and a good perscm. AmaOOa uses Logan as a bargaining chip against anyone (in Amanda's own words) "who is against her and Brian". In November of last year Amanda and Brian's bwdlef showed up at the plaiDtiff's door and tlP.mllTVlM to take items out of the house some ofwhich did not belong to her. She was asked to leave at which point she forced her way into the door. While in the house she attacked her Mother and then Brian's brother told her" if she caI1s the police just deny that anything happened and I will back you up. We willjust lie about this too". On many occasions AmaOOa had been violent with her sisters and brother and verbally abusive ofher mother. On many occasions we had to take Logan outside }vor..."", ofher violent reaction to disagreemenIs between her and any one of our family members. In August of2001 Amanda bit her brother during a verbal cord{. ,IdA! inn between them The IJUliority of which were about Brian, who has a long rec<rd of drug abuse aJXi theft. Logan and his mother Jived with Brian for about I month in 2000; Brian threw Amanda and Logan's belongings in his ftoot yard because she was unfaithful to him. Luckily at the time we had Logan Amanda was at a bar and called us, refusing to tell us where she was going. Amanda also told us that Brian had assaulted her at this same Bar earlier in the evening. Brian had also called us that night threatening to kill our daughter. Many times when we went by Brian's home Logan wou1d cry, telling us he did not want to go there, he wanted to go home. Brian also attacked Amanda at his Mother's house while she was pregnant with his child. Amanda would not press charges for either of the attacks so there are only ~ l"epoI Is of the officer's visit to the residences when they we called to ~ lpa~c l1i!l' v.. After.a short stay with Brian's panlQIS in SerL- . .acr, Amaada andUgan moved blItk into tile trailer with Brian and his roommate who has a record of domestic abuse. Amanda and her Brian are presently under investigation fur CORRUPTING lHE MORALS OF MINORS and DISTRIBUTION OF CONTROLLED SUBSTANCES with the State Police. There is known alcohol and drug abuse in her present home. There are numerous witnesses, including our 16-year-01d daughter to these allegations and that drugs were sold and used in Logan's presence. There are many stories of retail theft by Amanda's own admission to her sister Stephanie. Her boyfriend Brian has two WlIITlIIIts in North Carolina fur ASSAULT ON A FEMALE and COMMUNICATING lHREATS. Both WlII'IllIIts are un-served at this time. Brian has also tested positive for marijuana. It was a court ordered drug test on January 10, 2002. Amanda is inconsistent with her jobs, over the period from 611998 UDtil currently she has had at least 4 different jobs and never worked a full year at any of them. At the time of this Complaint Amanda was out ofwork again. The plaintifiS supported Amanda and Logan all previous times that she was unemployed. Amanda did not receive cash assistance or food 8t.w.V", only a medical card fur Logan after he was bom For a short period of time she received food stamps and assistance while Jiving at Safe Harbor and while at her apartment. At this time Logan is ahnost 4 years old and still not potty trained, when he was taken from us, he was wearing W1derwear not pull-ups or diapers. We had to give his Chris1mas presents to his futher fur Logan and it was videotaped fur us. We keep in contact with Logan's futher so as to know how Logan is doing. This is the only way we have of knowing he is all right. Our two daughters were primary caretakers also whi1e Logan was with us. Our daughters were allowed to visit with Logan at the time ofhis father's visitation, until the defendant decided she could not handle Logan's crying because they had to leave. We do not wish ~ take Logan away from his Mother completely or permanently . We feel. ~ ~ enviromnent Logan lives in and what is being done to him psychologically is unfit. We are seeking custody of Logan unti1 his mother can show that she is maintaining the appropriate quality of life for him. 8. Each parent whose pala.dlJ rights to the child have not been terminated and the person wOO has physical custody of the child have been named as parties to this action. All other persons, named below, wOO are known to have or claim to have a right to custody 01' visitation of the child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, plaintiffs request this court to grant custody of the child to the Plaintiffs. Februarv 15. 2002 M Statler .' I verifY that the statements made in this Complaint are true andiCcJrqct I understand that fuIse Statements therein are made subject to the penalties of 18 Pa.C.S. 14904 relating to unsworn fil1sifications to authorities PIaintiffi; LOGAN BISHOP STATLER Places of Residence since birth: GRANDPARENTS' HOME Gary Logan Statler Theresa Marie Statler Michael Logan Eugene Statler Stephanie Marie Elaine Statler Alyssa Renee Elizabeth Statler AtnlI1'Ida Lynn Nicole Statler JAMES WILSON SAFE HARBOUR Amanda Lynn Nicole Statler , I MOTHER'S APARTMENT Amanda Lynn Nicole Statler GRANDPARENTS HOME Gary Logan Statler Theresa Marie Statler Michael Logan Eugene Statler Stephanie Marie Elaine Statler Alyssa Renee Elizabeth Statler Amanda Lynn Nicole Statler MOTHER'S BOYFRIEND'S HOME Brian Edward Deaven Amanda Lynn Nicole Statler GRANDPARENTS' HOME Gary Logan Statler Theresa Marie Statler Michael Logan Eugene Statler Stephanie Marie Elaine Statler Alyssa Renee Elizabeth Statler . Amanda Lynn Nicole Statler 105 Farm Road Newville, P A. 17241 Penn Township Cumberland County W. High Street Carlisle, P A. 17013 Borough of Carlisle Cumberland County 49 Y. W. High Street Carlisle,Pl\.17013 Borough of Carlisle Cumberland County 105 Farm Road Newville, P A. 17241 Penn Township Cumberland County 19 Spring Garden Estates Carlisle, Pa. 17013 South Middleton Township Cumberland County 105 Farm Road Newville, PA. 17241 Penn Township Cumberland County 5/1998-10/98 10/98-2/99 2/99-8/99 8/99-6/2000 6&7/2000 7/2000-9/2001 (continued from page 1) LOGAN BISHOP STATLER Places of Residence since birth: LLOYD DEAVEN'S HOME Lloyd Deaven Patricia Deaven Amy Deaven MOTHER'S BOYFRIEND'S HOME Brian Edward Deaven .Amanda Lynn Nicole Statler Brianna Marie Lynn 832 Forge Road Carlisle, P A. 17013 South Middleton Township Cumberland County 19 Spring Garden Estates ~lisre,PA. 17013 South Middleton Township Cumberland County 9/200 1-1 01200 1 101200 I-present Exhibit B , I AMANDA LYNN NICOLE STATLER Respondent : IN THE COURTS OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. GARY 1. & THERESA M. STATLER Petitioners :NO. 02-826 CML TERM ORDER OF COURT AND NOW, this PETITION FOR SPECIAL RELIEF day of . 2002, is hereby Ordered that the By the Court, 1. Cc: Gary 1. & Theresa M. Statler Amanda Lynn Nicole Statler EXHIBIT "B" ("") ~; -(1rj:; rr"f", . ~t (j) .." ~f~ ~ p...:: ~~.~ ." ',"'1 '::::J 'D ;:tn is ::-~! <J; -.....; -<: AMANDA LYNN NICOLE STATLER, Respondent :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. GARY L. & THERESA M. STATLER Petitioners : NO. 02.826 CIVIL TERM PErmON FOR SPECIAL REFIEF COMES NOW, GARY L. & THERESA M. STATLER, who does hereby aver as follows: 1. Petitioners are Gary L. and TI1eresa M. Statler, adult individuals, who reside at 105 Farm Road, Newville, Cumberland County, Pennsylvania. 2. Respondent is Amanita Lynn Nicole Statler, an adult individual who resides at 19 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the Maternal Grandparents and the Mother of Logan Bishop Statler, born May 17, 1998 and Brianna Marie Lynn Deaven, born July 3,2001. 4. The reason for this Petition is because Amanda and her boyfriend Brian (whom they live with) are presently under investigation for CORRUPTING THE MORALS OF MINORS and DISTRIBUTION OF CONTROLLED SUBSTANCES with the Pennsylvania State Police. There is known alcohol and drug abuse in their present home. There are numerous witnesses, including our 16-year-old daughter, to these allegations and that drugs were sold and used in Logan's presence. " Brian has warrants fur his arrest in North Carolina fur ASSAULT ON A FEMALE and COMMUNICATING THREATS. The warrants are un-served at this time. Brian has also tested positive fur marijuana. It was a court ordered drug test on January 10, 2002. 5. The Petitioners are requesting temporary custody of both children until the mother can show she is drug-free and able to maintain an appropriate environment and lifestyle for her children. ,- c,'._ t:: :: ~~ L. Statler ,.I. I. ~ )0.-,9~ _ Theresa M. Statler 105 Farm Road Newville, Pennsylvania 17241 (717) 776-4752 Cc: Amanda Lynn Nicole Statler Exhibit C \. "!Il.)t .>"" ul ~i It,(..... ,-..>.,( jll'.- AMANDA LYNN NICOLE STATLER, : IN THE COURT OF COMMON PLEAS OF Plalatlll' : CUMBERLAND COUNTY,PENNSYLVANIA V. . . : NO.2001-5833 CML TERM ROBERT BISHOP PROVIN8, Defeadaat . . : CIVIL ACTION - LAW . . : IN CUSTODY QBDEROLCOUR1; ANDNOW,this UrJ daYOfJalu..a.r 2002, upon consideration ofth$ attached Custody Conciliation Reporti it is ordered and directed as follows: , i 1. The prior Order of Court dated December 6, 2001 is hereby vacated and replaced with this Order. 2. The Mother, Amanda Lynn Nicole Statler, and the Father, Robert Bishop Provens, shall have shared legal custody of J.ogan Bishop Statler, bom May 17, 1998. Each parent sbaI1 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. 3. . . Mother sha11 have primary physical custody of the Child. Father shall have the following periods of WlSupervised partial physical S. Neither party shall permit the Child to have contact with any member of Mother's family. 6. Father shall be responsible for all transportation. 7. Father shall provide dinner for the Child on Wednesday and Friday evenings and appropriate meals on Saturdays. . . 8. . Father shall knock on Mother's door before entering her home. ~ 9. Father shall keep Mother's unlisted telephone number confidential. EXHIBIT "C" 10. Father sball investigate and consider attending a parenting class. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent, the terms of this Order sball control. cc: Thomas 1. Williams. Esquire, counsel for Mother Elisabeth Rowley, certified legal intern, Family Law Clinic Thomas Place, Esquire, counsel for Father CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Gary L. Statler Mrs. Theresa M. Statler 105 Farm Road Newville, P A 17241 MARTSON DEARDORFF WILLIAMS & OTTO ~N.~ Tricia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: February 27,2002 >- C") ~ C,.. .. " Z "'.1.. >-,. i-': -., g; ll.-I C") ~, "? C~:; {:) C) :" [j~: - , L i" ~. S?J :> {~.; >:! , .-.' r-. :2 c: 1_.,: "'=r, I";" C-.J , U~i ~ ~ r'"', '- C I I .w L!_.' , i,'.'i (1.. lc. " ~ " :"'-J .:J CJ (~ () F:\FILESIDAT AFILE\Gendoc,cur\9781-pRA l/tde C~eated: 02l2W2 08:39:53 AM Revised: o21,Jio212:4339PM 978l.3 GARYL. & THERESAM. STATLER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-826 CIVIL ACTION - LAW AMANDA LYNN NlCOLE STATLER, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. MARTSO~DEARDORFF WILLIAMS & OTTO By '-r~,..,..~,-- Thomas J. Willi ,EsqUire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Amanda Lynn Nicole Statler Date: February 27,2002 , CERTIFICATE OF SERVICE I, Tricia D. Eckemoad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Gary L. Statler Mrs. Theresa M. Statler 105 Farm Road Newville, PA 17241 MARTS ON DEARDORFF WILLIAMS & OTTO ~J;).~ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: February 27,2002 0 0 0 C I" ,., 3:' ...., -ocn fTI nlrn 0:) ",r~ Z:O N Zs;: -:"~CJ (f) _-_ -' ~~) ,l~ 26 -0 :"::i:J~; '< -'''::0 ~8 :::!: :)c' ca 6n1 :J>c ~ ~ f;"" :n Ul -< JOHN V. CATALANO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-876 Civil Term TERESA G. CATALANO, Defendant CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE . Complete ftoms 1, 2, and 3. Also complete ftom 4 ~ ReslrIcted DelIvery Is deelred. . Print your name and address on the reverse so thot we con return the cord to you. . Attech this cord to the beck of the mellplece, or on the from ~ space permlls. 1. Article Add_ to: o Agent 0_ "11 by (Printed Name) C. Oate of Delivery . c..A+",{QM.4 Z. '2G, ,0'2 D.ledellvOly__fromItem1? 0 Vee If YES, enter deliver( edd!ees below: 0 No m~.T..u~ EJ.~O ~::, ~plL bnc!1L w..a n'\(Ul.o..n\0:.burjl ffi /1050 3.~ice l'ype )R..Certffled Moll 0 Expreoa Mall o Reglotered '1!Jletum Receipt for Merchendlee Olnsu...:! Moll 0 C.O.D. .. Ree_ DelIvery1 (&tra Fee) Vee 2. Article Number (T~from_"""lfX:X) PS Form 3811, August 2001 IS~ ceo/ 01* ').~flp Domeetic Return Receipt 102595-01-M-2509 BY: ~~ William C. Kollas, Esquire KOLLAS AND KENNEDY 1104 Fernwood Avenue Suite 102 Camp Hill, PA 17011 (717) 731-1600 Attorney for Plaintiff z~ ("; ~ 7JV ~ ~~ ~, (IS ti5S;;; .., ..c:: Q ~6 f ~ ~ i8 o ( ~ - . "-> -j.\ CL.~ X..~ -~'. .,1...,; :::J '-".,., ,~'j ::r:: : '..C) ~~rn ~ -< '" --i GARY L. & THERESA M. STATLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. CIVIL ACTION - LAW / AMANDA LYNN NICOLE STATLER, Defendant NO. 02-0826 CIVIL TERM AMANDA LYNN NICOLE STATLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. CIVIL ACTION - LAW ROBERT BISHOP PROVINS, Defendant NO. 01-5833 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT IN CUSTODY AND PETITION FOR SPECIAL RELIEF ~ ORDER OF COURT AND NOW, this \~day of March, 2002, after careful consideration of Defendant's "Preliminary Objections to Plaintiffs' Complaint in Custody and Petition for Special Relief," of Plaintiffs' "Complaint in Custody," and of Plaintiffs' "Petition for Special Relief," it is hereby ordered and directed as follows: 1. With respect to Defendant's first objection, that the complaint in custody and petition for special relief should be dismissed for failure to conform to court rules and for the inclusion of scandalous and impertinent matter, and it appearing that the petition for special relief refers to two children, Logan Bishop Statler and Brianna Marie Lynn Deaven, whereas the complaint in custody refers only to one child, Logan Bishop Statler, the objection is granted to the extent that any references to Brianna Marie Lynn Deaven in the petition for special relief are stricken. The objection is otherwise denied. 2. With respect to Defendant's second objection, that the complaint in custody and petition for special relief should be dismissed as improper because of the pendency of liiNYJ\1),SNN3d JJ.NnCO (1!,rrJ:l38V'lrlO gc; :Z Pd C; I tit,1 ZO ::.\0 " an existing action, and it appearing that a custody action concerning Logan Bishop Statler is pending in this court at No. 01-5833 Civil Tenn, the objection is granted to the extent that the current custody action shall be consolidated with the action at No. 01-5833 Civil Tenn under that docket number. Plaintiffs in the current action shall serve upon Robert Bishop Provins, a named party in the action at No. 01-5833 Civil Tenn, a copy of all prior pleadings filed in the current action. The custody complaint and petition for special relief filed at No. 02-0826 Civil Tenn shall be docketed at No. 01-5833 Civil Tenn and all future filings in the current action shall be made at No. 01-5833 Civil Tenn. The objection is otherwise denied. 3. With respect to Defendant's third objection, that the complaint in custody and petition for special relief should be dismissed for failure to join a necessary party, Robert Bishop Provins, the father of Logan Bishop Statler, the objection is deemed moot by virtue of the consolidation of the current action with the action at No. 01-5833 Civil Tenn, in which Robert Bishop Provins is a named party. BY THE COURT, / /ary L. Statler Theresa M. Statler 105 Fann Road Newville, PA 17241 Pro Se Plaintiffs "7 . ~ ~3;:/f) R)(S /Thomas J. Williams, Esq. Ten East High Street Carlisle, P A 17013-3093 Attorney for Defendant Amanda Lynn Nicole Statler ~mas Place, Esq. 45 North Pitt Street Carlisle, PA 17013 Attorney for Defendant Robert Bishop Provins ACqueline M. Verney, Esq. / Custody Conciliator GARY 1. STATLER and THERESAM. STATLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-826 AMANDA LYNN NICOLE STATLER,: CIVIL ACTION -LAW ROBERT PROVINS and BRIAN DEA YEN, Defendants : CUSTODY FIRST AMENDED COMPLAINT FOR CUSTODY. PARTIAL CUSTODY OR VISITATION I. The Plaintiffil are Gary 1. Statler and Theresa M. Statler, maternal grandparents, both residing at 105 Farm Road, Newville, Cumberland County, Pennsylvania, 17241. 2. The Defendants are Amanda Lynn Nicole Statler, mother, currently residing at 19 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania, 17013, Robert Provins, father of Logan Bishop Statler, currently residing at 12 Mountain Rock Road, Newville, Cumberland County, Pennsylvania, 17241, and Brian Deaven, father of Brianna Marie Lynn Deaven, currently residing at 19 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania. 3. Plaintjffi; seek custody of the following children: Name Present Residence ~ Brianna Deaven 19 Spring Garden Estates 8 months Carlisle, PA 17013 Logan Bishop Statler 19 Spring Garden Estates 3 years Carlisle, PA 17013 The children were born out ofwed1ock. The children are presently in the custody of Amanda Lynn Nicole Statler, whose current address is 19 Spring Garden Estates, Carlisle, Pennsylvania, 17013. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates SEE ATTACHED She is not married. The father of the child Logan Bishop Statler is Robert Provins, currently residing at 12 Mountain Rock Road, Newville, Pennsylvania 17241. The father of the child Brianna Marie Lynn Deaven, is Brian Deaven, currently residing at 19 Spring Garden Estates, Carlisle, Pennsylvania 17013. They are not married. 4. The relationship of Plaintiffs to the children is that of maternal grandparents. The Plaintiffs currently reside with the following persons: Name Stephanie Marie Elaine Statler Alyssa Renee Elizabeth Statler Relationshin Daughter Daughter 5. The relationship of Defendant Amanda Lynn Nicole Statler is that of mother. The Defendant Amanda Lynn Nicole Statler currently resides with the following persons: Name Brian Edward Deaven Brianna Marie Lynn Deaven Logan Bishop Statler RelatioDshin Boyfriend Daughter Son The relationship of Defendant Robert Provins is that offather of Logan Bishop Statler. The Defendant Robert Provins currently resides with the following persons: Name RelatioDshin Unknown The relationship of Defendant Brian Deaven is that of father ofBrianna Marie Lynn Deaven. The Defendant Brian Deaven currently resides with the following persons: Name Brian Edward Deaven Brianna Marie Lynn Deaven Logan Bishop Statler RelatioDshin Boyfriend Daughter Son 3 6. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiffs have information ofa custody proceeding concerning the child, Logan Bishop Statler pending in this Court of this Commonwealth at No. 2001-5833. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interests and permanent welfare ofthe children would be served by granting the relief requested herein because, particularly as to Logan Bishop Statler, the Plaintiffs have had a great deal of involvement in his life, have helped raised him and even now, help support him. With respect to both Logan and Brianna, their best interests and permanent welfare would be served by granting the relief requested herein because their parents do not provide them a stable home environment; indeed, in the near future, it appears that Defendant Amanda Lynn Nicole Statler and Defendant Brian Deaven will be charged with corruption of minors and furnishing alcohol to minors. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiffs request the Court to grant custody, and legal custody ofthe children as the Court deems appropriate. ~ Ill. d4JJ- ate ' AnthonyT. Mc Attorney for P 407 North Fron " First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court 1.0. # 53729 4 ::'~;"7"'C7""'-'-'"c" LOGAN BISHOP STAlLER Places of Residence since birth; GRANDPARENTS'HOME Gary Logan Statler Theresa Marie Statler Michael Logan Eugene Statler Stephanie Marie Elaine Statler Alyssa Renee Elizabeth Statler Amanda Lynn Nicole Statler JAMES WILSON SAFE HARBOUR Amanda Lynn Nicole Statler MOTHER'S APARTMENT Amanda Lynn Nicole Statler GRANDPARENTS HOME Gary Logan Statler Theresa Marie Statler Michael Logan Eugene Statler Stephanie Marie Elaine Statler Alyssa Renee Elizabeth Statler Amanda Lynn Nicole Statler MOTHER'S BOYFRIEND'S HOME Brian Edward Deaven Amanda Lynn Nicole Statler GRANDPARENTS'HOME Gary Logan Statler Theresa Marie Statler Michael Logan Eugene Statler Stephanie Marie Elaine Statler Alyssa Renee Elizabeth Statler Amanda Lynn Nicole Statler 105 Farm Road Newville, PA. 17241 Penn Township Cumberland County W. High Street Carlisle, PA. 17013 Borough of Carlisle Cumberland County 49 Yz W. High Street Carlisle, PA.l 70 13 Borough of Carlisle Cumberland County 105 Farm Road Newville, PA. 17241 Penn Township Cumberland County 19 Spring Garden Estates Carlisle, Pa. 170 I 3 South Middleton Township Cumberland County 105 Farm Road Newville, P A. 1724 I Penn Township Cumberland County 5/1998-10/98 10/98-2/99 2/99-8/99 8/99-6/2000 6&7/2000 7/2000-9/200 I ;~'T.~""'--'.7:?'" (continued from page 1) LOGAN BISHOP STAlLER Places of Residence since birth: LLOYD DEA YEN'S HOME Lloyd Deaven Patricia Deaven Amy Deaven MOTHER'S BOYFRIEND'S HOME Brian Edward Deaven Amanda Lynn Nicole Statler Brianna Marie Lynn 832 Forge Road . Carlisle, PA. 17013 South Middleton Township Cumberland County 19 Spring Garden Estates Carlisle, PA. 17013 South Middleton Township Cumberland County 9/2001-10/2001 1 0/200 I-present VERIFICATION We, Gary 1. Statler and Theresa M. Statler, Plaintiffs in the furegoing action, verify that the fucts set forth in the attached document are true and correct to the best of our knowledge, information and belief. We so state subject to the penalties of 18 Pa. C. S. ~4904 (relating to unsworn fit1sification to authorities). MARCH 18, 2002 Date MARCH 18, 7.002 Date c;/ba 'ht~ eresa M. Statler >- C) i>.: er-:: c: - ;z f :::-;J <1: j') ('v u I C~::..:) 7, so? ,"',. -' " <, w._ -, -". : ~~ CD . f,') '." -," d. c.: :] Co ..:_~ r~ ..,,- ~".. ~;. (",1 :,~ CJ 0 U PROOF OF SERVICE (Requesting Agent) ANTHONY T. McBETH 407 N. FRONT ST HARRISBURG, PA 17101 (Type of Oocument) ORDER OF COURT (Witness Fee) (Plaintiff) GARY L. & THERESA M. STATLER (Case No. & Jurisdiction) 02-826, COMMON PLEAS CUMBERLAND COUNTY, PA (Defendant) AMANDA LYNN NICOLE STATLER (To Be Served On) BRI]}\,< DEAVEN 19 SPRING GARDEN ESTATES cARtrsLE, PA (Accepted By) BPIAN DEAVEN 19 SPRING GARDEN ESTATES CARLISLE, PA (Date Served) 3-22-02 (Time) 2 33 PM (Process Servers Name) JOSEPH F. JOHNSON (Process Server's Report) " Description: taMale' ~ite Skin '[)Female '[ jll1ackSkin [ ]Brown Skin [ ]Yellow Skin ]Red Skin '0 [ ]B lack Hair [ ]Brown Hair [ ]Blonde Hwr [ ]Oray Hair [ ]Red Hair [ ] White Hair Pla!!lding [ ] Moustache [ ]Beard r 10lasso> [ ]14-20yrs &lf21-3Syrs [ ]36-S0yrs [ ];!-6Syrs [ ]Owr 6Syrs []Under S' []Under 100lbs []S'O".S'3" ". []lOO-130lbs []S'4"-S'8" []13H60lbs cI<IS'9"-6'O" 'Mi6~ []LJver6' llOv~s 5 Ii being duly sworn accor ing to law, deposes and says that he/she is process 'server herein named; and that the fact herein set forth above are true and correct to the best \hei knowledge' onnation and belief. Sworn to and subscribed befo::) this d ~day of 1r1o.M' dtOuQ. "~~- ~qp;;b1iC Commission Exp. '. 0 c::> () c::: "'-> ~ ,'j :J?6'. :-:~ [[f/:,' ~:::""t ~~'::(i -::0 ">"/- ,"\) ~3:: ....., ~C) "'"b :::;:~ zt,) ::J::: ~;:C) -s; ~ w :::;I , '0 F: \F1LES\DAT AFILE\Gendoc.cur\97812-pra.1Jtde Created: 04/04J0203:35:46PM Revised: 04/10/0202:44:13 PM 9781.2 GARY L. STATLER and THERESA M. STATLER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-826 AMANDA LYNN NICOLE STATLER, ROBERT PROVINS and BRIAN DEA VEN : Defendants CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants Amanda Lynn Nicole Deaven (ne: Statler) and Brian Deaven in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By Thomas J. William Ten East High Stree Carlisle, PA 17013-3093 (717) 243-3341 wJ1~ Attorneys for Defendants Amanda Lynn Deaven (ne: Statler) and Brian Deaven Date: April 10, 2002 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg, P A 1710 I Elizabeth L. Rowley, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO c5iiQ By 'tI'1/l. ricia D. Eckenroa Ten East High Street Carlisle, PA 17013 (717) 243-3341 OIfJ Dated: April 10, 2002 2 ;s: tRf?; ~::::J 0$: .... ;::;;<: .... JjiC::J ~B ;j ;s;~ ~ .... '. c::. '0 RJ :::.. ;;g p ,., .~ .....r-.' /t1i.9 ,~-;,} F!l ,) 1 _7)5;1 f)::"i-J cjf.;? $ -.;: F:\FILES\DA T AFILElGendoc,cur\97812-ans.amcncomltde Created: 04/04/0203:3546PM Revised: 04/10/02 02:36:24 PM 9781,2 GARY L. STATLER and THERESA M. STATLER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-826 AMANDA LYNN NICOLE STATLER, ROBERT PROVINS and BRIAN DEA VEN: Defendants CIVIL ACTION - LAW IN CUSTODY ANSWER OF AMANDALYNNDEAVEN (NE: STATLER) AND BRlANDEAVEN TO FIRST AMENDED COMPLAINT FOR CUSTODY. PARTIAL CUSTODY OR VISITATION AND NOW, comes Defendants Amanda Lynn Deaven (ne: Statler) and Brian Deaven, and answers Plaintiffs' Amended Complaint as follows: 1-6. Admitted, except that Amanda Statler has married Brian Deaven and is now known as Amanda Deaven. 7. Denied. The children would be irreparably harmed by contact with Plaintiffs under present circumstances. 8. Admitted. NEW MATTER 9. Plaintiffs do not have standing to seek custody. WHEREFORE, Defendants Amanda Lynn Deaven (ne: Statler) and Brian Deaven, request that the Complaint be dismissed. MARTS ON DEARDORFF WILLIAMS & OTTO VJJ1~ By ~ Thomas J. Williams Ten East High Stre Carlisle, P A 17013-3093 (717) 243-3341 uire Attorneys for Defendants Amanda Lynn Deaven (ne: Statler) and Brian Deaven Date: April I 0, 2002 VERIFICATION The foregoing Answer to Plaintiffs' Amended Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon cowlsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~~~j~~)~ F:IFILES\DA TAFILE\Gendoc,cur\97812_l1ft/I,amcncom CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer to Plaintiffs' Amended Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg, PA 17101 Elizabeth L. Rowley, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 MARTS ON DEARDORFF WILLIAMS & OTTO - &~~k& ()Jr~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April I 0, 2002 0 0 0 C r-v ~'-" ;;::: ",.. ---, tB::g -u J'_"",J', ::0 ;i-'J:-::-i 04- :0 '..(,n: u.S . ~.". "J? -<~m ;1~~ '-0 -0 '< ~O ::r -:;"'(,; >2 om z => ~ ~ \0 r-::~""'~"':""'.r"'" ~,_'C", ,,-:;...-~- --<..... ...... ~........' .-1_ v' "'.._-<" ty AMANDA LYNN NICOLE STATLER, Plaintiff /Respondent , \ev I i 201I~j I IclY- (,~/, : IN THE COURT OF COMMOrIJ~U&aE== c=~===: : CUMBERLAND COUNTY. PEN\lSYLVANIA V. : NO. 2001-5833 CIVIL TERM ROBERT BISHOP PROVINS, DefendantlPetitioner : CIVIL ACTION - LAW : IN CUSTODY GARY L. & THERESA M. STATLER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY. PENNSYLV A:'lIA V. : NO. 2002-0826 AMANDA LYNN NICOLE STATLER, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this -.lcll day of rJ 0\1 ._,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated June 28, 2002 and April 16, 2002 shall remain in full force and effect with the following modification. 2. Father shall have the following periods of partial physical custody: A. Beginning November 12, 2005 alternating Saturdays and Sundays from 9:00 a.m. to 7:00 p.m. B. Once Father has exercised four such weekends, he shall have partial physical custody of the child on an alternating weekend schedule from Saturday at 9:00 a.m. to Sunday at 7:00 p.m. C. Thanksgiving: Father shall have partial physical custody from 4;00 p.m. to 8:00 p.m. D. Christmas: Father shall have partial physical custody of the child on Christmas Eve from 3;00 p.m. to 10;00 p.m. and Christmas Day from 4:00 p.m. to 7:00 p.m. E. Such other times as the parties agree. 3. Father shall be responsible for all transportation. Mother is only required to wait] 5-20 minutes for Father to arrive for pick up. 4. Father shall keep Mother's telephone number confidential. t\,lf'.!:,r - --~~ : "tJJ ZS:[ Hd 01 WN~nUl "'i\,iC.'(C;.;.;.' ::<!-ll ~o A\oJ .J. 'j ~Vl 1__^'_._h~,1 ...1. ~ 3:)!:-!X)-Cill!,1 5. Father shall not permit the child to have contact with Maternal Grandparents except as provided in the previous Orders. 6. This Order is entered pursuant to an agreement of Mother and Father at a Custody Conciliation Conference. They may modify the provisions of this Order by mutual consent, in the absence of mutual consent, the terms of this Order shall control. Either party may request another Conciliation Conference within two months from the date of this Order. BY THE COURT, J. J. CC:U~~~; Adams, Esquire, counsel for Father pzarol J. Lindsay, Esquire, counsel for Mother NDV 0 8 2005 AMANDA LYNN NICOLE STATLER, : IN THE COURT OF COMMON PLEA!'l OF;!. 1161 Plaintiff /Respondent : CUMBERLAND COUNTY, PENNSYLVf\N'L~ V. : No. 2001-5833 CIVIL TERM ROBERT BISHOP PROVINS, Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY GARY L. & THERESA M. STATLER : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2002-0826 CIVI TERM AMANDA LYNN NICOLE STATLER, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. 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 Logan Bishop Statler May 17, 1998 Mother 2. A Conciliation Conference was held in this matter on November 7, 2005. Father, Robert Bishop Provins, appeared with counsel, Jane Adams, Esquire. The Mother, Amanda Lynn Nicole Statler, appeared with counsel, Carol 1. Lindsay, Esquire. The maternal Grandparents, Gary L. and Theresa M. Statler appeared pro se. 3. Prior Orders of Court were entered by the Honorable 1. Wesley Oler, Jr. dated June 28, 2002 and April 16, 2002. Those Orders provide for shared legal custody and for Mother to have primary physical custody with F ather having periods of partial physical custody. Grandparents have supervised visits one day per month for two hours. 4. The Mother and Father agreed to entry of an Order in the form as attached. No modification was made to the Order relating to the Grandparents. :','l C ./t-n?__,-__ \......_______( ~v \, l!~, '-------....--"------.:;__. .':> --.~ " L \ Date .~ Jacqueline M. Verney, Esquire CustCldy Conciliator