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HomeMy WebLinkAbout05-2309 MATTHEW L. STARLIPER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI v. NO. OC- .:JJD'j CIVIL TERM SUSAN BETZ, Defendant CIVIL ACTION - LAW CUSTODY ACTION CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Matthew L. Starliper residing at 277 High Road, Shippensburg, Cumberland County, Pennsylvania 172 7. 2 . The Defendant is Susan Betz who resides at 112 Stillhouse Hollow Road, Shippensburg, Cumberland Cou ty, Pennsylvania 17257, 3, Plaintiff seeks legal custody and partial phys ca1 custody of the following child: NAME PRESENT RESIDENCE D B Brandon Betz ~Stillhouse Hollow Road 12/0 /01 ppensburg, PA The child was not born in wedlock. The child is presently in the physical custody of Susan etz who resides at 2112 Stillhouse Hollow Road, Shippensb rg, Pennsylvania. The child has resided with the following persons and at the following addresses: Person ~rltiress !&tg Mother 2112 Stillhouse Hollow Rd Shippensburg, PA 12/03- Present Mother & Maternal Grandparents Mainville Rd, Shippensburg ~Y4 Jo^n~ st., Shippensburg 06/03 12/0 Unkno n Mother Mother & Maternal Grandparents stillhouse Hollow Rd Shippensburg Unkno n The mother of the child is Susan Betz who currently resid s at 2112 Sti11house Hollow Road, Shippensburg, Pennsylvania 1725 She is not married. The father of the child is Matthew L. Starliper who liv s at 277 High Road, Shippensburg, Pennsylvania 17257. He is not married, 4. The relationship of Plaintiff to the child is th t of Father, The Plaintiff currently resides with the foIl wing persons: Name Relationship Tanya Starliper Christopher Williams Kevin Stine Dustin Stine Aaron Stine Sister Nephew Nephew Nephew Nephew 5. The relationship of Defendant to the child is th t of mother. The Defendant currently resides with the foIl wing persons: ~ Relationship Greg Short Brandon Betz Baby Boy Aaron Boyfriend Son Son 2 6. Neither party has participated as a party or witnes , or in another capacity, in other litigation concerning the custo y of the child in this or another court. Plaintiff does not know of a person not a party t the proceedings who has physical custody of the child or 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: A. Plaintiff can properly care for his child. B. Plaintiff can provide a loving home. C. Defendant has denied Plaintiff the right to have regular meaningful contact with his son. 8. Each parent whose parental rights to the child ha not been terminated and the person who has physical custody 0 the child have been named as parties to this action, WHEREFORE, Plaintiff requests this Honorable Court to grant him joint legal custody and partial physical custody of his hild, at times determined to be in the child's best interest. Respectfully submitted, ~~. ~.ua Thomas D. Gould, Esquire ID #36508 2 East Main street Shiremanstown, PA 17011 (717) 731-1461 3 VERIFICATION If Matthew L. Starliper, hereby certify that the fore oing CUSTODY COMPLAINT is true and correct to the best of my know 1 dge, information and belief. I understand that false statements h rein are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. DATED: 5-.2.-0> Matthew L. Starlipe Plaintiff 4 0 ....' 0 \.:> {q. <? -p C = -0 -- d' 1L 7' -- ~ --I ".! ::r-:-n \!:. :- :i.-C.... --'" (1"'IF" V( _ni'l'\ , ;,';'\~! 9-..> Q ....- \' t>J w -0 , -<.J c"" --~ ~ --~_. .-.j:"") ~ -' tL ,,-,_~ rn ~ ;:;: '-:-:{ - liJ -1 <...:> "" MATTHEW L. STARLIPER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-2309 CIVIL ACTION LA W SUSAN BETZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 11, 2005 ''__, upon considcration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Thursday, June 16,2005 . the conciliator, at 1:00 PM for a Pre-Hearing Custody Conference, Al such conference, an eff(lrt 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 herehy 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: Isl Melissa P. Gree'Tz...~~......L, 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 arrangemcnts must be made at least 72 hours prior to any hearing or business before the court. You must atlend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE 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 4?wwr If" '% I'fT':'"' ~) ;.# 1- ~ ~;J, ~pl ,tp_fkq?f9 hi) .., " . ~J C'! 1 i '\ I r~ ~ 'f l" I j'. \: ',II )tU~ _1n ---(,., .'iv- 1/5 ("? c. r' __' V. <.-/',> 5J <'/ Y _"W RECEIVED JUN 3 0200S..t' /y MATTHEW L. STARLIPER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-2309 CIVIL TERM v. CIIVIL ACTION - LAW SUSAN BETZ, IN CUSTODY Defendant TEMPORARY ORDER OF COURT ~ J'\l..>}(;.. AND NOW, this 0 day of .... 2005, upon consideration of the attached Custody Conciliation Summary eport, it is hereby ordered and directed as follows: 1. Leaal Custodv. The Mother, Susan Betz and the Father, Matthew L. Starliper shall have shared legal custody of the minor child, Brandon IBetz. born December 4, 2001. Each parent shall 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 n9ligion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including. but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent :shall be required to share the same, or copies thereof. with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phvsical Custodv. Mother shall have temporary, primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective June 18. 2005, each Saturday for four (4) visits, from Noon until 2:00 p.m. B. Following the completion of the visits provided for in Paragraph 2.A. above, for four (4) Saturdays from Saturday at Noon until Saturday at 5:00 p.m. C. At such other additional times after Father's work day, as the parties may agree. D. The parties will continue to work coopelratively as they did in making this agreement. to expand Father's periods olf partial custody as the child becomes more acquainted and comfortable wlith spending time with Father. >- a; ~ UJQ (.)""', 0::0 !.,.L.X 9b ~a: a::;E t5 r- -"" 8 ::!C """ F- z '~~~ ":.:J:7J :~.;fQ i::j,"-h [i~? a:: =3 u I _I ::::> ""') or.> "'" "'" <-.t - - NO. 05-2309 CIVIL TERM 3. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 4. The Custody Conciliation Conference shall reconvene on September 2, 2005 at 1 :00 p.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. BY THE COURT: 0f J. Dis!: Thomas D. Gould, Esquire, 2 East Main Street, Shiremanstown, PA 17011 Susan Betz, 2112 Stillhouse Hollow Road, Shippensburg, PA 17257 /~ ~ '1.0(.(J,{ Q- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2309 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY MATTHEW L. STARLIPER, v. SUSAN BETZ, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY FtULE 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 THE CUSTODY OF Brandon Betz December 4, 2001 Motlher 2. Father filed a Complaint for Custody on May 4, 2005 seeking shared legal custody and partial physical custody of the child who is now three (3) years old. A Custody Conciliation Conference was held on June 16, 2005. Present for the Conference were: the Father, Matthew L. Starliper and his counsel, Thomas D. Gould, Esquire; the Motlher, Susan Betz, attended pro se. 3. The parties reached an agreement for a Temporary Order in the form as attached. The Order contemplates that there needs to be a "get acquainted" period for the child and Dad before increasing to more traditional partiapust)dY schedules. bM05 LWh~ Date Melissa eel Greevy, Custody Con ciliata :253333 JRECEIVED SEP 20 Z005 ";/ MATTHEW L. STARLIPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2309 CIVIL TERM v. SUSAN BETZ, CIVIL ACTION - LAW IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this z..l, r day of September, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeQal Custody. The Mother, Susan Betz, and the Father, Matthew L. Starliper, shall have shared legal custody of the minor child, Brandon Betz, born December 4, 2001. Each parent shall 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. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have temporary, primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. September 11, 2005, September 18, 2005, September 25, 2005 and October 2, 2005, from Noon until 2:00 p.m. and October 16, 2005, from 4:00 p.m. to 6:00 p.m. Mother may be present for these visits. B. Following the completion of the visits provided for in Paragraph 2.A. above, for four (4) Sundays from Noon to 5:00 p.m. Effective with the October 23, 2005 visits, the custodial exchange shall occur at the residence of the maternal grandmother, Lucy Betz, 542 Jonathan Street, Shippensburg, PA. C. At such other additional times, such as after Father's work day, as the parties may agree. >- ~ l-'~ UJQ (..)..c:- r-C) ,1: :c: 0'- Ae) ~s: '.::l w:tIJ fS L!- a '" F- --. :5.-.- ..-,,""'-. ..~Z :.~;~ ..-",- ,J" (I) P;;3 ~.}i~~ :s () ..;r ::lC 0- N 0- W U'> "" c;.'> = "'" - ~ NO. 05-2309 CIVIL TERM D. The parties will continue to work cooperatively to expand Father's periods of partial custody as the child becomes more acquainted and comfortable with spending time with Father. 3. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 4. The parties shall contact Parent Works. Mother's needs with regard to Parent Works relate to managing her feelings of anxiety when the child is being cared for by others. Father's needs relate to understanding a three (3) year old's developmental needs and ways to initiate interaction and playas he becomes acquainted with his new role as Father. BY THE COURT: J. Dist: ~mas D. Gould, Esquire, 2 East Main Streel, Shiremanstown, PA 17011 ~an Betz, 2112 Still house Hollow Road, Shippensburg, PA 17257 MATTHEW L. STARLIPER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2309 CIVIL TERM v. CIVIL ACTION -LAW SUSAN BETZ, IN CUSTODY Defendant CUSTODY CONCILlA TJON 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 THE CUSTODY OF Brandon Betz December 4, 2001 Mother 2. The parties were seen for their second Custody Conciliation Conference since the filing of the Complaint on May 4, 2005. The last Order entered in this matter was June 30, 2005 by mutual agreement of the parties. Present for the September 2, 2005 Conference were: the Father, Matthew L. Starliper, and his counsel, Thomas D. Gould, Esquire; the Mother, Susan Betz, attended pro se. 3. Father's Position on Custody: The Order provides for a tiered-up re- acquaintance for Father and the three (3) year old child, Brandon. Father reports that he saw Brandon on June 18, 2005 but that he has difficult in seeing the child since that time. Father acknowledges that some of the time he had some "problems" and as a result, did not follow through on the schedule. However, he also reported that at times he would call to arrange to see Brandon and would not get an answer or his interaction with Mother did not go well. Father continues to desire to have a relationship with the child despite the challenges that he and Mother have experienced in implementing the custodial plan. He expressed some discomfort in having Mother present during the visits because he views it as making it more difficult for him to be at ease in getting to know the child. 4. Mother's Position on Custody: She would rather have Father "sign off' than continue to work with him to establish a relationship with Brandon. She complains of last minute requests for custodial time and reports that Father has not followed through with the schedule as agreed upon. Mother does not like Father's new girlfriend, and complained because of the child's tearful reaction when Father's girlfriend was playing chase with NO. 05-2309 CIVIL TERM Brandon. However, Mother acknowledged that playing chase was not done with any intention to make the child cry. Mother was extremely resistive to unsupervised time but was not able to express how many supervised visits would satisfy her before she would feel comfortable with Father having visits without her being present. At times she indicated that she would like Brandon to be able to go with Father without her. She also indicated that she knows that Father will not hurt Brandon. However, she described times when Brandon would hold his breath and pass out for brief periods of time. By Mother's history, this has happened approximately ten times in the last year, the last event approximately two weeks ago. She indicated that she worries whenever Brandon is separated from her and with another adult. She acknowledges that she experiences this worry even during the times when Brandon has been in the care of her sister or her mother. In addition to Mother's apparent own anxiety about separating from the child, she was readily able to express that part of her resistance goes back to the past period of time when Father was not demonstrating his present interest in the child prior to the determination that he was the biological father. She clearly expressed that her feelings about that period of time drive her response to Father's request for limited partial custody at present. 5. Because the parties could not reach an agreement, the Conciliator makes a recommended Order and the form is attached. If the parties are not able to resolve this matter cooperatively and need to return to Custody Conciliation, the Conciliator is likely to recommend the appointment of a guardian ad litem for the c . . Date 1jl(o j06 :258734 , . Thomas D. Gould, Esquire 1D #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 MATTHEW L. STARLIPER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2309 CIVIL TERM SUSAN BETZ, Defendant/Respondent CIVIL ACTION - LAW CUSTODY ACTION PETITION FOR CONTEMPT OF CUSTODY ORDER 1. The Petitioner (Father) is Matthew L. Starliper residing at 277 High Road, Shippensburg, Cumberland County, Pennsylvania 17257, 2, The Respondent (Mother) is Susan Betz who resides at 2112 Stillhouse Hollow Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On June 30, 2005 this Honorable Court issued a Temporary Order of Court. A copy of the Order is attached as exhibit A. 4. The Order set forth a custody arrangement and schedule for the parties minor child, Brandon Betz, born 12/04/01. 5, The Order granted the parents joint legal custody with Mother having primary physical custody subject to Father's periods of partial custody. . , 6. Father was to have his son for two hours each Saturday, beginning June 18, 2005, to be increased to five hours after four two-hour periods. 7, Mother has permitted Father only one Saturday visit for two hours and required him to stand outside in the yard, 8. Mother has denied Father any other contact with his son except for one short evening visit. 9. Father's attorney wrote Mother a letter advising her that she was violating the Court's Order by denying Father his time with his son. A copy of the attorney's letter is attached as exhibit B. 10. The Saturday following the attorney's letter, Mother again refused to allow Father to have partial custody of his son, 11. Father contacted the State Police who advised him that they would not assist him in enforcing the Court Order, 12. A custody conference was held on September 2, 2005 at which time Mother agreed, once again, to permit Father custody ..sOf\ periods with his aau91,LeL. 13. At the conference Mother stated that she would honor he son's wishes and she would not require her son to go with his father. 14. This Honorable Court issued a Temporary Order of Court on September 21, 2005. 15. The Order set forth a specific custody schedule for Father's custodial periods. .( 16. The Court Order directed the parents to contact Parent Works to assist them in dealing with their parenting issues. 17. Father has contacted Parent Works. 18, Mother has not contacted Parent Works and has stated that she does not have a problem. 19, Mother has consistently frustrated Father in his attempts to have his court ordered regular and meaningful contact with his son. 20. Father and his extended family have Christmas gifts for the child that Mother has refused to allow to be presented. WHEREFORE, Father requests that this honorable court find Mother in contempt of the June 30, 2005 and September 21, 2005 Temporary Orders of Court and require her to comply with the Order, allow Father make-up time, sanction her, assess her Father's attorney fees and costs and any other remedy as determined appropriate by the Court, Respectfully submitted, ~f)~~ Thomas D, Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 3 .( VERIFICATION I, Matthew L. Starliper, hereby certify that the foregoing PETITION FOR CONTEMPT OF TEMPORARY ORDER OF COURT is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, DATED: :J. -1'/- 0(; ~.&-'~ ,L f~ ~""J~ Matthew L. Starllper 4 .- j RECEIVED SEP 201005 MATTHEW L. STARLIPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2309 CIVIL TERM v. CIVIL ACTION - LAW SUSAN BETZ, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this 21st day of September, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The Mother, Susan Betz, and the Father, Matthew L. Starliper, shall have shared legal custody of the minor child, Brandon Betz, born December 4, 2001. Each parent shall 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. Pursuant to the terms of 23 Pa, C. S, S5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have temporary, primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. September 11, 2005, September 18, 2005, September 25, 2005 and October 2, 2005, from Noon until 2:00 p.m. and October 16, 2005, from 4:00 p.m. to 6:00 p.m, Mother may be present for these visits. B. Following the completion of the visits provided for in Paragraph 2.A. above, for four (4) Sundays from Noon to 5:00 p.m. Effective with the October 23, 2005 visits, the custodial exchange shall occur at the residence of the maternal grandmother, Lucy Betz, 542 Jonathan Street, Shippensburg, PA. C. At such other additional times, such as after Father's work day, as the parties may agree. NO, 05-2309 CIVIL TERM D. The parties will continue to work cooperatively to expand Father's periods of partial custody as the child becomes more acquainted and comfortable with spending time with Father. 3. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 4. The parties shall contact Parent Works. Mother's needs with regard to Parent Works relate to managing her feelings of anxiety when the child is being cared for by others. Father's needs relate to understanding a three (3) year old's developmental needs and ways to initiate interaction and playas he becomes acquainted with his new role as Father. BY THE COURT: J. Ois\: Thomas 0, Gould, Esquire, 2 East Main Street, Shiremanstown. PA 17011 Susan Betz, 2112 Stillhouse Hollow Road, Shippensburg, PA 17257 RECEIVED JUN 30 zoosy ( Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2309 CIVIL TERM MATTHEW L. STARLIPER, v. CIVIL ACTION - LAW SUSAN BETZ, IN CUSTODY Defendant TEMPORARY ORDER OF COURT ~ JUNl!.-- AND NOW, this 30 ~ day of JJ.Wy, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeQal Custody. The Mother, Susan Betz and the Father, Matthew L. Starliper shall have shared legal custody of the minor child, Brandon Betz, born December 4, 2001. Each parent shall 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. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have temporary, primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective June 18, 2005, each Saturday for four (4) visits, from Noon until 2:00 p.m. B. Following the completion of the visits provided for in Paragraph 2.A. above, for four (4) Saturdays from Saturday at Noon until Saturday at 5:00 p.m. C. At such other additional times after Father's work day, as the parties may agree. D. The parties will continue to work cooperatively as they did in making this agreement, to expand Father's periods of partial custody as the child becomes more acquainted and comfortable with spending time with Father. , NO. 05-2309 CIVIL TERM 3. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 4. The Custody Conciliation Conference shall reconvene on September 2, 2005 at 1 :00 p.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. BY THE COURT: Is) Lf 0~ mp", C) J. Dis!: Thomas D. Gould. Esquire. 2 East Main Street. Shiremanstown, PA 17011 Susan Betz, 2112 Stillhouse Hollow Road, Shippensburg, PA 17257 ,.~ "".- '~.' I-'~-'" < R....r--O""J rf.':h ~,?'~ ti ,.6 -r~.r"'l '-'l"tVt'Ji 'h~ 'n,~ c,..rc-.>-....,._~. In T~iimon~' wi-l9t-oof1 1 hufe ~n;':) set rff)1 h,,=--.c an.d the, iaal 01 said ~ Cari!$le, Pa', j , , .;LL"l{} J ~~iS /(h!- ~ , ~ ProthonOlari ( Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2309 CIVIL TERM MATTHEW L. STARLIPER, v. CIVIL ACTION -LAW SUSAN BETZ, IN CUSTODY Defendant 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 THE CUSTODY OF Brandon Betz December 4,2001 Mother 2. Father filed a Complaint for Custody on May 4, 2005 seeking shared legal custody and partial physical custody of the child who is now three (3) years old. A Custody Conciliation Conference was held on June 16, 2005. Present for the Conference were: the Father, Matthew L. Starliper and his counsel, Thomas D. Gould, Esquire; the Mother, Susan Betz, attended pro 5e. 3. The parties reached an agreement for a Temporary Order in the form as attached. The Order contemplates that there needs to be a "get acquainted" period for the child and Dad before increasing to more traditional partial ody schedules. bM05 Date Melissa eel Greevy, Custody Conciliato :253333 t co \ ~, ....:. o - V". >.", "" " --.\'\ u. Iv. :~- R ~ \J\, <:'_~ ~ " , , "-.1 ~'1 !~. ! I,....J --.l ~1 (.,:' f'-,.) j MATTHEW L. ST ARLlPER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYL VANIA V, 05-2309 CIVIL ACTION LAW SUSAN BETZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. , Friday, Feb~~,}006_, . _,,' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , thc conciliator, at__lI:'1.!)11~:I,a~love"'l,1901 State SI., Camp Hill, P A 17..1l!L on ,__,.Frid~X,!,~ri~~?" 2006 ",,__ at 11:00 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve thc issues in dispute; or if this cannot bc accomplished, to detlne and narrow the issues to be heard by the court, and to enter into a tcmporary ordcr. All children age five or older may also be present at the conference. Failure to appcar at the conference may provide grounds le)r entry of a temporary or permanent order. The court herehy dh-ects 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: Isl Melissa P. Greevy, Esq. ~,\ y~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our onIce, All arrangements must be made at least 72 hours prior to any hearing Of business before the court, You must attend the scheduled conference or hearlng. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT IIA VE 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 Bedte.rd Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 44?;7~p< #v -:z ~w ~l ":?C. /;RC ,~ % /~~tL: rJc7',0Cr' ~.j;.r :2" /fT'lnH' 4,.P{l ?v.hee c () . q 1r.1 ./."', '.'''~ I ,-' . I .' i<. c.:.:' . .: , , " , . . ,j _lr'~ ...:\,,- ,-r I R T~~~-7.'1" ,." -}~~::-"-~;:-~.- j Plaintiff APR 2 1 2006 J}Y:==. . _., 5{ -~-_.:..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2309 CIVIL TERM ~ . MATTHEW L. STARLIPER, v. CIVIL ACTION - LAW SUSAN BETZ, IN CUSTODY Defendant OLER, J. ORDER OF COURT AND NOW, this ~ day of April, 2006 upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custodv. The Mother, Susan Betz, and the Father, Matthew L. Starliper, shall have shared legal custody of the minor child, Brandon Betz, born December 4, 2001. Each parent shall 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. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phvsical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. April 8, 2006 for two hours commencing at 12:30 p.m. and with Mother present. Father will pickup the child and Mother to attend an Easter egg hunt or alternate activity this date. B. April 9, 2006 for a period of two hours with Mother and Father present from 1 :00 p.m. until 3:00 p.m. C. On April 15, 2006 and April 22, 2006 from 1 :00 p.m. until 5:00 p.m. Father shall have partial custody, without Mother present. D. On April 16, 2006 and April 23, 2006 from 2:00 p.m. until 6:00 p.m. Father shall have partial custody without Mother present. ~ ~ I :,J {.' , ' NO. 05-2309 CIVIL TERM E. On April 28, 2006 from Friday at 6:00 p.m. until Saturday at 6:00 p.m. and May 12, 2006 from Friday at 6:00 p.m. until Saturday at 6:00 p.m. F. Effective May 26, 2006 Father shall have partial custody on alternating weeks from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3. Telephone Contact. Father shall contact the child two times during the week to talk to Brandon. Initially, Father's phone calls shall occur on Wednesdays and Fridays at 6:00 p.m. However, commencing with the week of April 23, 2006 Father may change the Friday evening at 6:00 p.m. telephone call to a different day of the week. 4. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the "rll day of 9.'~ ' 2006, at l'de:) o'clock 1.M., at which time testimony will be'take . For the purposes of the hearing, the Father, Matthew L. Starliper, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 5. In the event that Mother becomes compliant with her obligations to produce the child for periods of visitation and partial custody as provided herein, Father's counsel shall notify the Court that the hearing on the Contempt Petition provided above will not be necessary and shall withdraw his Petition. However, should Mother fail to comply with the Order above, Father shall have the right to pursue his Petition for a finding of contempt for all events retroactive to July 1, 2005. BY THE COURT: Ois\: .;;l;omas 0, Gould, Esquire, 2 East Main Street, Shiremanstown, PA 17011 ~eslie A. Tomeo, Esquire, 155 South Hanover Street, Carlisie, ~\17013 .~ . ,~~ Y)dp ~ 6~' .. 1-o?fJ.-()6 ~ lfi ,C)~ , <) ~~ () - Plaintiff : A f R 3 : ZOIJ6; ! IN THE COURT OF COM~dNcPl.:EA&J~oJ CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2309 CIVIL TERM MATTHEW L. STARLIPER, v. CIVIL ACTION - LAW SUSAN BETZ, IN CUSTODY Defendant 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 THE CUSTODY OF Brandon Betz December 4,2001 Mother 2. The parties were seen for their third Custody Conciliation Conference in 11 months on April 7, 2006. This Court has had two prior Orders in this matter on June 30, 2005 and September 2,2005. Father filed a Petition for Contempt on or about February 17, 2006. The Conciliation Conference was scheduled for April 7, 2006. In prior Conferences Mother participated pro 5e. However, at this Conference, the Mother, Susan Betz, was represented by Leslie A. Tomeo, Esquire. The Father, Matthew L. Starliper, was represented by Thomas Gould, Esquire. 3. Father's position on custody is as follows: Since the June 30, 2005 Order, Mother has allowed one two-hour visit at which she was present. Following the September 2, 2005 Conference, Mother refused to allow the son to go with Father in accordance with the schedule upon which the parties had agreed. Father contacted Parent Works, but found that they did not come to Shippensburg to work with families. Father reports that Mother did not contact Parent Works. Father indicated that he had some of the early visits provided in the September Order but that Mother either didn't attend or said that the child did not want to go and that she would not make the child participate in periods of partial custody with Father. Mother allowed only supervised contact with Father, which contact was supervised by her. Father claims that Mother's more recent restriction on his visits has been that his girlfriend not be present during the visits. Father reports that Mother insists that he call ahead for each visit, rather than follow the schedule in the Order. Father also reports that Mother has a tendency to make plans with the child or for the child during times that are designated as his custodial time. Father agreed to give Mother one final chance to show that she could comply with periods of partial custody. However, because of the difficulties that have been attendant to the Conciliation attempts at resolving this matter, Father is also . . . NO. 05-2309 CIVIL TERM requesting, and quite appropriately so, a hearing be scheduled on Father's Petition for Contempt. Mr. Gould will notify the Court if Mother is able to purge her contempt by complying with the custodial schedule outlined in the Order attached hereto. However, he requests that if Mother again discontinues visits or partial custody that Father retain the right to pursue his Petition for Contempt retroactively to all events from July 1, 2005 forward. 4. Mother's position on custody is as follows: While it is disputed by Father, Mother claims that Father does show up for visits and wants the child to have no contact with Father. 5. Conciliator's Comments. Once again the parties agreed to a schedule of visitation and partial custody for Father. The child has had very little contact with the Father for a variety of reasons, some of which are complex. There have been substantial efforts to resolve this matter short of litigation and in consideration of the difficulties that Mother has presented in allowing the child to be separated from her. Unfortunately, it appears that if she is not able to comply with the agreed-upon Order she may need the enforcement mechanism of the Court in order to come to understand that she must comply with the Court Order and that, despite how she may be feeling about the separation and about the Father, it is not her .option to disregard a schedule of partial custo and visitation. D4at0e1~Dr ) ~ elissa Peel Greevy, Esqui e Custody Conciliator ead:273199 . , MATTHEW L. STARLIPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 05-2309 CIVIL TERM SUSAN BETZ, Defendant IN CUSTODY IN RE: PETITION FOR CONTEMPT OF CUSTODY ORDER ORDER OF COURT AND NOW, this 6th day of July, 2006, upon consideration of Plaintiff's Petition for Contempt of Custody Order, and pursuant to an agreement reached in open court between the parties and their respective counsel, it is ordered and directed as follows: 1. Father's visitation schedule will be as follows: Thursday July 6th, 2006, Mother will take the child, Brandon Betz, to Father's residence located 38 Richard Avenue, Shippensburg, PA, at 5:00 p.m., leave the residence, and return to pick up the child at 8:00 p.m. this evening. On Friday, July 8th, 2006, Mother will drop off the child, Brandon Betz, at Father's residence, 38 Richard Avenue, Shippensburg, PA, by 1:00 p.m., and return to pick up the child at 8:00 p.m. that evening. On Saturday, July 9th, 2006, Mother will have the child, Brandon Betz, dropped off at Father's residence by 12:00 noon, and the child shall remain in Dad's custody for an overnight. Mother will appear at 38 Richard Avenue, Shippensburg, PA, on Sunday, July 10, 2006, at 6:00 p.m., to pick up the child. Starting the next Friday, Mother will drop off the child at Father's residence at 5:00 p.m. Thereafter, custody will be shared every other weekend with Father from 5:00 p.m. ..., ....~... ',Y'" t:; ---' C) r- ! r- J u_ I!~.--" ,.--/ ,~-...: . ~. until Sunday at 6:00 p.m. The Defendant, Susan Betz, is found to be in Contempt of Court, and the sanction for this contempt is that she undergo imprisonment in the Cumberland County Prison for a period of 2 weeks. The condition of purge with respect to the sentence is that she hereafter without fail obey the Orders of Court in this case. In addition, within 30 days of today's date the Defendant is directed to pay to Plaintiff's counsel attorney's fees in the amount of $400.00. By the Court, ~omas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 For Plaintiff ~ichael O. Palermo, Jr., 155 South Hanover Street Carlisle, PA 17013 For Defendant :mae