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HomeMy WebLinkAbout05-3611 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MELVIN J. STACKPOLE, JR. Plaintiff CIVIL ACTION - LAW v. NINA M. STACKPOLE, Defendant NO, 2005- 3(, I ( G;.;....{ J~ IN CUSTODY NOTICE 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 complaint 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 arewamed 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 complaint or for any other claim or relief requested by the plaintiff. 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 HAVE ALA WYER 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 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir 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 objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion ypor cualguier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVEESTADEMANDAA UN ABOGADOIMMEDIATAMENTE. SINOTIENEABOGADO o SINOTIENEELDINEROSOFICIENTEDEPAGAR TALSERVICO, VA Y A EN PERSONAL o LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ean M. Shultz, Esquire Attorney ill No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELVIN J. STACKPOLE, JR. Plaintiff v. CIVIL ACTION - LAW NO. 2005- Jl-I/ L~DL '-r ~ NINA M. STACKPOLE, Defendant IN CUSTODY COMPLAINT FOR PRIMARY CUSTODY AND NOW, this ~ day Of~, 2005, comes Plaintiff, Melvin.r. Stackpole, Jr., by and through his attorneys, Knight & Associates, P.C., and files the following Complaint for Primary Custody in support thereof avers as follows: 1. The Plaintiffis Melvin.r. Stackpole, Jr., who resides at 152 South EnolaDrive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Nina M, Stackpole, who resides at 1132 Maryfrances Drive, Kissimmee, Florida 34741. 3. The Plaintiff seeks primary custody and visitation of the following children: Name Present Residence Age D/O/B Samantha Lynn Stackpole 152 South Enola Drive 16 May 2, 1989 Enola, Pennsylvania 17025 Kyle James Stackpole 152 South Enola Drive 13 August 18, 1991 Enola, Pennsylvania 17025 Brandon Lee Stackpole 152 South Enola Drive 10 July 28, 1994 Enola, Pennsylvania 17025 The children were born out of wedlock. The parties were married on June 24, 2001 and divorced by Cumberland County, Pennsylvania Decree of Divorce dated February 8, 2005. The children are presently in the physical custody of the Plaintiff. In addition to the children's present address, during the past five years, the children have resided with either Plaintiff or Defendant at the following addresses: a. The minor child, Kyle James Stackpole resided at 1701 LongleafDrive, St. Cloud, Florida with Defendant from the end of November, 2004 until February, 2005. The mother of the children is the Defendant who resides at 1132 Maryfrances Drive, Kissimmee, Florida 34741. The father of the children is the Plaintiff who resides at 152 South Enola Drive, Enola, Pennsylvania 17025. 4. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with the minor children and his former brother-in-law and sister-in-law, Wayne and Pauline Mittermeier and their children, Ashley and Joey. 5. The relationship of the Defendant to the children is that of natural mother, The Defendant currently resides with her fiance, Albert Allman. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or any other court. The 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 of the children will be served best by granting the relief requested because: a) The Plaintiff has had shared physical and legal custody of the children since the children's birth; b) The Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) The Plaintiffis, and has always been, willing to accept custody of the children; and d) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of the children; and e) The Plaintiff provides a more stable home environment. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody ofthe children has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant him primary physical custody and shared legal custody of Samantha Lynn Stackpole, Kyle James Stackpole and Brandon Lee Stackpole. Respectfully submitted, M. Shultz, Esquire Attorney ill No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C. S, Section 4904, relating to unsworn falsification to authorities, ~/" ;!~ /'" / /" . / /' / > / ",ytr .< ./ L- ~C./,~)-- -"1" - <.,/( Melvi1).l Stackpol~, Jr, /,: , ,y 7Q 1 ~ tt. .~ "- :G ~ If'. ....., C:=) 6"- ~ C:."""l c.n W ~ <::~ -.C) ~ r- '0 -- c...~1 ~ ~ -" ~ .,~> -." --< :"....) r:_~ c.) MELVIN J. STACKPOLE, JR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 05-3611 CIVIL ACTION LAW NINA M, STACKPOLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 20, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, AUl/ust 25, 2005 at ]0:30 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 pennanent 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 bours priol' to scheduled hearine:. FOR THE COURT. By: /s/ Tacqueline M. Vernt'Y, Esq. y 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 infonnation 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 . w ~ ~ "'?-o ~ ~ fO-Jrt. -* ~ ~ ~ 5c?-Je.t.. ~ fp ~ ~ ~'PJ JtJ.Je>'( \/!i\J\:Yi.l/\sr\)i\FJcl t II' 'n""" ""."'''~In'' 1\1..1\; ,i.: - ;'.":'" iJ 92 :2 Hd I Z lor 500l AH~J.Lo.<Cf.iLJ(jd 3Hl :10 3Q!J:iCi-mll.:l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS'I'L VANIA MELVIN J. STACKPOLE, JR. Plaintiff CIVIL ACTION - LAW v. NO. 2005. 3611 NINA M. STACKPOLE, Defendant IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 2.4~day of August, 2005, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy ofthe Complaint in Custody filed in the above-referenced matter. The Complaint in Custodoy was mailed on July 19, 2005, but actual service took place on July 26,2005, by Defendant signing for a copy of the Complaint in Custody which was mailed in the United States Mail, Certified Mail--Ret1.lrn Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Nina M. Stackpole 1132 Maryfrances Drive Kissimmee, Florida 34741 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, n M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pemlsylvania 17013 (717) 249-5373 P:\User Fo\dei\Firm Docs\Gendocs2005\J483-2c<<t.servicewpd Attorneys for Plaintiff DER: COMPlErE rHIS SECTION . Complete ~ems 1, 2, and 3. Also complete ~em 4 If Restricted Delivery Is desired. AI Print your name and address on the reverse : so that we can return the card to you. I . Attach this card to the back of the mailplace, Or on the front If space permits. i 1. Article Ad~ressed to: NinoJ M. S+QCKpole It 3z..ijG.-(~~rWl(eS D-. rJ0S: M rnee I t:L 34'14} ....,:' i........' ,2. Article Nil; (Transfer PS Fonn 3811, February 2004 )( B, Received by (Printed N /VI',V <\. 'fMc 0, Is delivery addlass different ff YES, e_ dell~ address beIo o 3.~Type . CeItIfledMell Registered _ [JlnsUl'edllolall, 'l:: \ [J Express Mall :- I [J Return Receipt for Men:handlsa ( [J C.O,O. " I i I 10259~"".1M!d 7003 3110 0004 5768 9042 Domestic Return BeceIpt n S:, ,.., "'" ~ E G) N \.0 ( ~\ ...( "', :x: Sl ~ -I -r.:-" rnp: -CJ~ --J~ .,') \ c_,{C~ .--\.: :;:,~ ~?~ u .'-' p ::it c:> 0) - iECEIVED AUG 26 ZOlJ5ry MELVIN J. STACKPOLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NINAM. STACKPOLE, Defendant : NO. 2005-3611 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this J_111 day of consideration of the attached Custody Conciliation Re follows: , 2005, upon it, it is ordered and directed as 1. A Hearing is scheduled in Court Room No. I ,of the Cumberland County Court House, on the /9d day of fOv.,p.nJ._L"j ,2005, at /; 3~ o'clock, L. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Melvin J. Stackpole, and the Mother, Nina M. Stackpole shall have shared legal custody of Samantha Lynn Stackpole, born May 2, 1989, Kyle James Stackpole, born August 18,1991 and Brandon Lee Stackpole, born July 28,1994. 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. 4. Father shall have primary physical custody of the children. 5. children: Mother shall have the following periods of partial physical custody ofthe A. Every summer from the Saturday after school ends to one week before school begins. B. Alternating Christmas vacation from the day after school recesses to the day before school resumes. Mother shall have odd numbered years. jJ.N(1('(, S I :8 lid OS 8nV SOOZ AtN1C;'\!CrLLOL!d 3Hl :to 3:)IJ:!Q"CCJTj C. Every spring break from the day after school recesses to the day before school resumes. D. When Mother is in the Carlisle area, such times as the parties agree. 6. Transportation shall be shared. 7. The parties shaH have liberal, private, telephone contact with the children. 8. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /~jdt: J J. cc: Sean M. Shultz, Esquire, counsel for Father rl-A~ ~ )? 30 d') r' Jessica Diamondstone, Esquire, Mid Penn Legal Servides, counsel for Mother Cf-- ~~ gl3tJ~=J ~ MELVIN J. STACKPOLE, JR., Plaintiff : IN THE COURT OF' COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION . LAW NINA M. STACKPOLE, Defendant : NO. 2005.3611 CIVIL TERM : 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: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samantha Lynn Stackpole Kyle James Stackpole Brandon Lee Stackpole May 2, 1989 August 18, 1991 July 28, 1994 Father Father Father 2. A Conciliation Conference was held August 25, 2005 with the following individuals in attendance: The Father, Melvin J. Stackpole, Jr., with his counsel, Sean M. Shultz, Esquire, and the Mother, Nina M. Stackpole, by telephone, with her counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody, with Mother having partial physical custody during the summer, alternating Christmas and every spring break. Father maintains that he has had primary physical custody of the children for more than a year, since Mother relocated to Florida, except for the youngest son, who Mother had primary physical custody of for approximately four months until he was returned to Father because he missed his brother. The children have resided in Carlisle for at least the past five years. They attend school here, their doctors are here and numerous extended family members live here. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody of the two boys but understands that her daughter, being 16 years old, is reluctant to be uprooted from Carlisle. Mother currently lives in Florida and would agree that Father would have physical custody of the boys during the summer and alternating Christmas and every spring break. She is concerned that Father lives in overcrowded conditions (9 people in a three bedroom house, although Father claims to be remodeling the house) and uses peculiar discipline. Mother has family in Florida. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Father primary physical custody and Mother every summer, alternating Christmas holiday and every spring break. It is expected that the Hearing will require one half day. [';;.5 -o!:' Date ~~e~,'E~~ Custody Conciliator . . b, Evcry other Christmas holiday from the day after school is released for the winter break until the day before school starts for the next tenll, The p<lrties will delemline whether Mother will have even or odd years of custocly for the Christmas holiday, c. Any lime that Mother is in the vicinity ofCumherland County, the parties will work tngether to arrange for Mother to have time with the children during her stay, d. Any other times as the parties may agree. 5, Purties will detennine the most appropriate method of transportation for the children. Either euch party will contrihute halfofthe cost for the children to fly between the homes or the purties will drive and meet halfway between Pennsylvania and Florida, 6. Mother shall be entitled to reasonable contact with the children while they lire in Father's custody, This contact shall include, but will not be limited to, telephone, amail and written COlTespondence, 7, Father and Mother agree that each shnll notify the other immediately of medical emergencies that arise while the children are in that pllrent's care, 8, Each parent shat! provide the other with a current address and telephone number. 9, Neither party shall do anything which may estrange the children [rom the other pnrent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development o[(he childrens' love or respect for the other parent. Both parties shall provide the children with a "sa[ety zone" by discouraging third parties from making negative rcmurks about either parenl when the children arc within earshot. FleE No.586 12/02 '05 10:00 ID:MPLS CARLISLE OFFICE FAX:7172438026 PAGE 2 10. The parties may modify the schedule in the event they reach an agreement between themselves, Absent an agreement, the custody schedule set forth ahovc shall control. II, The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. By the Court: Judge This Order is entered pursuant to the consent of the parties: ~,~ lain~~ Nin M. Stackpole, Defendant \", M, Shutt, Ip.lil.Qi~~ Hnl~J Pjumirp - FILE No.SOO 10/14 '05 14:40 l~'~PLS CARLISLE OFFICE FAX:7! 38026 PAGE 4 10, The parties may modify the schedule in the event they reach un agreement between themselves, Absent an agreement, the Cllstody schedule set forth ubove shall control. 11, The parties agrec that inl11aking this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the purt of the other. 12, The parties acknowledge that they have read and understand the provisions of this Agreement. By the Court: Judge This Order is entered purSllant to the consent of the parties: ~r'~~ &n, ~JAci~ Nin M. Stackpole, Defendant ean M, Shultz, Esquire Attornoy for Plaintiff Knight & Associates, P.C, 11 Roadway Drive SuiteB Carlisle, PA 17103 (717) 249-5373 \ ~... - -Jess' 0 st, Esquire Attorney [or Defendant Midpenn Legal Services 401 East Louthu Street Suite 103 Carlisle, PA 17013 (717) 243-9400 . , 0 , , .. DEe 1 4 ZOOS Y IN THE COURT OF COrvL\10N PLEAS /}1{ CUMBERLAND COlfNTY, PENNSYLVANIA MELVIN ], STACKPOLE Plaintiff vs, NO, 05-3611 CIVIL TERM NINA M. ST ACKPOLE, Defendant CUSTODY CUSTODY AGREEMENT AND ORDER AND NOW, this __.J,<;JWay of " \)(~-l ,2005, the following Order is entered by consent of the parties with regard to custody of the minor children, S"nHlIltha Lynn Stackpole, born May 2, I 989; Kyle James Stackpole, bom August 18, 1991; und Brandon Lee Stackpole, born July 28, 1994. 1. Melvin], Stuckpole, hereinafter refened to as Father, and Nina M. Stackpole, hereinatler refelTed to as Mother, shall share legal custody of the children, Samuntha, Kyle and Brandon, 2, Mother shall be entitled to receive copies of the childrens' medical records, school report cards and other such information thai wotlid pertain to her ftbility to exercise her shared legal custody rights. 3, Father shall have primary physical custody of the children. 4. Mother shall enjoy periods of partial physical custody of the minor children in accordance with the following schedule: a. Each summer from the Saturday aileI' school ends until one week before the next school year begins, I , \ ::::) I' , - ,-----~--'-'".."-- , . . - b, Evcry other Christmas holiday from the day ancr school is released for the winter break until the day before school starts for H1e next tenn, The parties will ddem1ine whether Mother will have even or odd years of custody for the Christmas holiday, c, Any time that Mother is in the vicinity of Cumherland County, the pm1ies will work together to arrange for Mother to have time with thc children during her stay, d, Any other times as the parties may agree. 5, Parties will determine the most appropriate method of transportation for the children. Either each party will contribute half of the cost for the children to fly bctween thc homes or the parties will drive and meet halfway between Pennsylvani<l and Florida, 6. Mother shall be entitled t(l reasonable contact with the children while they me in Father's clIstody, This contuct shall include, but will not be limited to, telephone, email und written cOITespondence, 7, Father and Mother agrce that each shall notify the other immediately of medical emergencies lhutarise whl1e the children ure in that parent's care, 8. Ea<;h parent shall provide the other with a Cllrrent address and telephone numbcr, 9, Neithcr party shall do anything which may estrange the children [rom the other parent, or injure the opinion of the childrcn as to the other parent or which may hamper thc free and natura] development ofthe childrens' love or rcspect for the other parent. Both parties shall provide the children with a "safety zone" by discouraging third parties from making negative remarks about eithcr parent when the children arc within earshot. ~ILE No.586 12/02 '05 10:00 ID:MPLS CARLISLE OFFICE FA)<:7172438026 PAGE 2 10. The parties may modify the schedule in the event they reach an agreement between themselves, Absent an agreement, the custody SChedule set forth ubove shall control. 11. The pi\rties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 12. The parties acknowledge that they have read and understand the provisions oflhis Agreement. By the Court: Judge This Order is entered pursuant to the consent of the parties: lain~ Nin M. Stackpole, Defendant M.Shult" Attorney [or Plaintiff Knight & Associates, P. 11 Roadway Drive Suite B Carlisle, PAl 71 03 (717) 249-5373 Jessica Holst, Esquire Attorney for Defendant Midpenn Legal Services 401 East Louther Street Suite 103 Carlisle, PAl 7013 (717) 243-9400 .... FILE No.~O 10/14 '05 14:40 T~'~PLS CARLISLE OFFICE FAX:?! 38026 PAGE 4 J O. The parties may modify the schedule in the event they reach an agrecment between themselves. Absent an agreement, the custody schedule set forth above shall control. 11. The parties agrec that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the olher. 12. The parties acknowledge that they have reud and understand the provisions of this Agreement. By the Court: "7 t. . < ,j C/ur:C~ tJ}n . Nin M. Stackpole, Defendant ,rfJ \'}-.,\U ~J/td~ This Order is entered pursuant to the consent of the parties: ean M. Shultz, Esquire Attorncy for Plaintiff Knight & Associate~, P.C. 11 Roadway Drive SuiteB Carlisle, PA 17103 (717) 249.5373 / Jess' n 0 st, Esquire Attorney for Defendant Midpenn Legal Services 401 East Louther Street Suite 103 Carlisle, PA 17013 (717) 243-9400 .,<> 6~ .. \-."1 r '. MELVIN J. STACKPOLE,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NINA M. STACKPOLE, Defendant NO. 05-3611 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of December, 2005, upon relation of Jessica Holst, Esq., attorney for Defendant, that this matter has been settled, the hearing scheduled for December 19,2005, is cancelled. BY THE COURT, J .;rean M. Shultz, Esq. Attorney for Plaintiff :rc vJessica Holst, Esq. Attorney for Defendant ------