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HomeMy WebLinkAbout05-0146GENE S. STOTLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. · No. O.-q'- ]ct~ Civil Term SAMANTHA L. STOTLER, : ACTION IN CUSTODY Defendant : PETITION FOR CUSTODY 1. Plaintiff is Gene S. Stotler, who currentlyresides at 130 Center St., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Samantha Lee Stotler, who currently resides at 22 1/2 McBride Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks to a custody order regarding the following children: NAME Laurel Fawn Stotler DOB ADDRESS 1/21/99 130 Center St. Carlisle, Pa. 17013 6/4/04 130 Center St. Carlisle, Pa. 17013 Lily Amber Stotler Mother and Father were married on May 20, 2003. Father currently has primary physical custody of the children. 'During the past five years, the children have resided with the following persons and at the following addresses: NAME Gene S. Stotler Gene S. Stotler Samantha L. Stotler Gene S. Stotler Gene S. Stotler Samantha L. Stotler ADDRESSES 130 Center St. Carlisle, Pa. 17013 130 Center St. Carlisle, Pa. 17013 130 Center St. Carlisle, Pa. 17013 130 Center St. Carlisle, Pa. 17013 DATES 1/4/2005 to present 12/27/04 to 1/4/2005 12/13/04 tO 12/27/04 Birth to 12/13/04. The mother of the child is: Samantha L. Stotler, currently residing at 22 1/2 McBride Street, Carlisle, Pa. She is married to Gene Stotler. The father of the children is: Gene Stotler, currently residing at 130 Center St., Carlisle, Pa. 17013. He is married to Samantha L. Stotler. 4. The relationship ofplaintiffto the children is that of Father. The persons that the Plaintiff currently resides with are: the children. 5. The relationship of defendant to the children is that of Mother. The defendant currently resides with: her mother, her mother's husband, and possibly her brother. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Mother has voluntarily left the marital home two times in the past six weeks and has left the children in the sole care and custody of father. During this time, father has successfully provided for their emotional and physical well being. It would be in the best interest of the children to grant primary custody to father because he is in the best position to provide them with a stable environment. 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. WHEREFORE, Plaintiff requests the court to grant custody of the child and enter their agreement as an Order of Court. Respectfully submitted, re (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: i- 7 ~05~ Gene S. Stotler, Plaintiff GENE S. STOTLER PLAINTIff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-146 CIVIL ACTION LA W SAMANTHA L. STOTLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 11, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueliue M. Verney, Esq. ,the conciliator, at 4tb Floor, Cumberland County Courthouse, Carlisle on Tuesd.,y, February 08, 2005 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 pemanent 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/ Jacqueline M. Vemev, Esq. 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 th,~ 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?' ~?f14r ~ ~ ""',; ~O('f/ .;/~ ~ :?/ ~w ~J 5(7-0,( ~ fr$. ~ .%.W pO fi;7 CN , ' )..i ~~, ."":'l 1'-, .GI 71 ""'r ~_ I" 0U,'I'" ,;,' jJ jl "" GENE S. STOTLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. (JS- -IV{P Civil Term SAMANTHA L. STOTLER, Defendant : ACTION IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this February 1,2005, I, Jane Adams, Esquire, hereby certify that on or about January 25, 2005, a certified true copy ofthe Custody Complaint was served, via certified mail, return receipt requested, addressed to: Samantha L. Stotler 22 1/2 McBride Street Carlisle, Pa. 17013 DEFENDANT . CompIeIeItems 1; 2. andll. AI80 ""',1J>IllI8 \tenI 4 W Reetr1Cl8d DelIve1y ill cleoII8d. . PrInt ypur name and acldrM8 on jhe lllVtlnl8 so that we can return jhe card to you. . Attach \his card to the beck of the meIIpIP. or on the front W apace permits. 1.__10: 01 DeIIvety S~~l1"th~ L. StoHfJ" 2 '2. Y2 t\c.SI^\de.S\-. Ctl,..h~\t, PA 17t/1"3 D.lodol1very__lnlmllom1? [J Yeo W YES. enter doIIvIIy - below: [J r I-d-~ ~ 3._lP tlI~MIIiI O~MaIJ tJ FIogI11 8\1 0 RolUm ~IorMo.oho<_ o f1tIlIlfJd Mali 0 c.o.o. 4. __ ~ /Bd18Fee) 0 Yeo 2. _Num~ (lIlm1Vr1torlr -/tibeIJ N,POrm 8$1:1. Filbr\J1>lY 2004 ---- Respectfully Submitted: ./\, 1dh ( }P1,J/i/J1 /"h ;" C'V L.V(. ." . 'VUG---- ~e Adams, Esquire l,0. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~..._. ----~ 7003 3110 0004 5775 4290 ...1540 ....., r-';) &:) "'" -<1 r'"1 co I "'T':- .....,,,,. en (...:. GENE S. STOTLER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-146 CIVIL ACTION LAW SAMANTHA L. STOTLER, Defendant IN CUSTODY PRAECIPE FOR ENTRY OF A.'PEARANCE TO THE PROTHONOTARY: Please enter my appearance for and on behalf of Samantha L. Stotler, the Defendant in the above custody action. Date: February 2, 2005 ~p~~ Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 Attorney for Defendant lAW OFFIU'S MARLlN R. M<.:CAlE13 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe for Entry of Appearance was served upon the Plaintiff herein, or his attorney, and the Custody Conciliator, on February 2, 2005, by depositing same in the mail at the United States Post Office at Mechanicsburg, Pennsylvania, postage prepaid, properly addressed as follows: Jane Adams, Esquire 64 South pitt Street Carlisle, PA 17013 Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 ~~~ lA'vl,.' OFFI(TS MARLIN R. McCAU:B :-'~) C' ~;) l,; '.:=-> . Y"l .1'1 ""'1 ::;1 f~rl c.~; ; " I C) '. -'> ,ill " C:) S FEB 1 0 2005~ GENE S. STOTLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-146 CIVIL TERM SAMANTHA L. STOTLER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this l'l.tt-- day of (~ ,2005, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows; I. The Father, Gene S. Stotler, and the Mother, Samantha 1. Stotler, shall have shared legal custody of Laurel Fawn Stotler, born January 21, 1999 and Lily Amber Stotler, born June 4, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parents shall share physical custody on a 3-4 overnight alternating basis to coincide with Father's work schedule. Exchange times shall be at noon, unless it is a school day in which case the parent will assure that the school age child arrive at school. 3. Either party may have physical custody of ODt~ or both of the children at such other times and dates as both parties mutually agree. 4. During Father's periods of physical custody, he shall not permit either or both of the children to be in the presence of Father's sister, Elizabeth Stotler, unless he or his mother, Barbara Stotler, and/or his sister, Angela Myers and/or his brother, David Myers is also present. During Mother's periods of physical custody, she shall not permit either or both of the children to be in the presence of Mother's brother, Bryan Wayne Conrad, unless she or her mother, Carol Joanne Hurly and/or her Father, Dennis Hurly, Jr. is also present. 5. Transportation shall be shared. 6. 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. In the absence of mutual consent, the terms of this Order shall control. J. cc: Jane Adams, Esquire, Counsel for Father Marlin R. McCaleb, Esquire, Counsel for Mother \ t-<.~ .~( ;J. /;',6s' ~ CZ :;! ~;'Sf C-' I (~ .:, ..:; fES 1 0 lOU5 ~.f" GENE S. STOTLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-146 CIVIL TERM SAMANTHA L. STOTLER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Laurel Fawn Stotler Lily Amber Stotler January 21, 1999 June 4, 2004 shared shared 2. A Conciliation Conference was held in this matter on February 8, 2005, with the following individuals in attendance: The Father, Gene S. Stotler, with his counsel, Jane Adams, Esquire, and the Mother, Samantha L. Stotler, with her counsel Marlin R. McCaleb, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. ,? - 9 -Db Date L-~ J(. ,;~. ac eline M. V'~mey, Esquire Custody Conciliator