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Home My WebLink About05-4907 KIMBERLY ANN SOLLENBERGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 05- '-1967 CNIL TERM GEORGE FULTON JR., Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Kimberly Sollenberger, hereinafter referred to as Mother. Mother's permanent residence is 209 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is George Fulton Jr., hereinafter referred to as Father. Father is currently incarcerated at The Cumberland County Prison, I 101 Claremont Road, Carlisle, Cumberland County, Pennsylvania. The only other known address for Father is his place of employment, Capital City Car Wash, located at 3525 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 170 I 1. 3. Mother seeks custody of the minor child: Name Amber Fulton Present Residence 209 South Market Street Mechanicsburg, PA 17055 Age 02/05/98 DOB,7 years old The child, Amber Fulton, was born out of wedlock. The child is presently in the custody of Mother. 4. During her lifetime, Amber has resided with the following persons and at the following addresses: Name Kimberly Sollenberger Michelle Sollenberger Christopher Zigler Jesse Pryor Joseph Powley Kimberly Sollenberger George C. Fulton Jr., Kimberly Sollenberger Kimberly Sollenberger George C. Fulton Jr., Address Date 209 South Market Street 07/05 - present Mechanicsburg, PA 17055 32 Market Street one week in 07/05 Wormleysburg, PA 17055 209 South Market Street 07/2004 to 07/2005 Mechanicsburg, PA 17055 215 Gary A venue, I sl floor, 01/2003-07/2004 New Cumberland, PA 17070 3344 Chestnut Street Camp Hill, PA 17011 0211998 to 01/2003 The parties were never married and no longer live together, 5, Mother currently resides with the following persons: Name Amber Fulton Relationship Daughter 6, Father is currently incarcerated at Cumberland County Prison 7, A Final Protection From Abuse Order against Father and on behalf of Amber was entered on August 1, 2005. 8. Mother has no information of a custody proceeding concerning Amber pending in a court of this Commonwealth. 9. Amber was temporarily in the custody of her aunt, Michelle Sollenberger for a period of one week while Children and Youth Services investigated the aIlegations against Father and Mother pursued a Protection From Abuse Order on Amber's behalf. After a week, Amber returned to Mother's custody, but Mother has provided notice of this action to Ms. Sollenberger. 10. The best interest and permanent welfare of Amber will be served by granting the relief requested for reasons including, but not limited to the following: a) Since Amber was born, Mother has been the primary provider for Amber's emotional, physical, educational, and medical needs and provides a stable home environment for Amber. b) Since Amber's birth, Mother is the person who has provided for her daily needs and has done so without assistance from Father. c) Mother is the parent who can best facilitate any interaction between Amber and Father to ensure they maintain a father/daughter relationship. d) Mother has seen positive changes in Amber's behavior and development since leaving the home shared with Father. e) Mother currently resides in Shiremanstown with her mother and step-father. Mother has additional immediate and extended family in the Cumberland County area. These family members are very supportive of Mother and Amber and are willing and able to assist with any needs Amber may have. f) Father has not acted in Amber's best interest in ways including but not limited to the following: i) Father is currently under medical supervisIOn for mental health concerns. Father does not take his medication as prescribed, resulting in erratic and unpredictable behavior that interferes with his ability to parent. ii) Father downloaded pornographic materials of himself masturbating and placed them on Amber's computer. The Mechanicsburg Borough Police Department was called to the home and Father is facing possible criminal charges as a result of this incident. iii) Father, on more than one occasion, has masturbated in front of Amber using Amber's blanket for stimulation. iv) Father has a history of forcing Amber to undress in front of him while he watches. v) Father watches pornographic videos while Amber is present and able to see the videos. vi) Cumberland County Children and Youth Services has been called approximately seven times as a result of Father's behavior. vii) In July 2005, Defendant attempted to cause serious bodily injury to Amber by wrapping his ann around Amber's neck III a chokehold and then violently throwing her across the room, This incident was reported to the Mechanicsburg Police Department and the Cumberland County Children and Youth Services which still has an investigation pending. viii) Father uses excessive and inappropriate physical discipline when punishing Amber. He also uses Corporal punishment without justification or provocation from Amber, ix) Amber is afraid of Father and locks herself in her bedroom with any mention of his name. x) Father has, on more than one occasion, prevented both Mother and Amber from leaving the home or contacting anyone by blocking the home's exits and disconnecting their only phone line. xi) In October 30, 2002, Mother sought and obtained an Order for Protection From Abuse. Father's violent acts toward Mother included punching her in the face and ribs, These behaviors do not serve Amber's best interests and do not create a safe environment for a child. xii) In July 2005, Mother sought and obtained a Final Protection From Abuse Order against Father on behalf of Amber. The Final Order was entered on August I, 2005. xiii) Prior to the entry of the Final Protection From Abuse Order, Father was arrested for a violation of the Temporary Protection From Abuse Order and incarcerated at the Cumberland County Prison, Father was found guilty of a violation at a hearing before Judge Bayley on August 18,2005. I 1, Every person with rights to custody or having actual physical custody of Amber has been named as parties to this action or has been provided with notice of this action, WHEREFORE, Mother respectfully requests that the Court order the following: a. Mother shall have sole legal custody of the child. b, Mother shall have primary physical custody of the child. c. Defendant shall have periods of supervised visitation at a mutually agreeable location and with a supervisor approved by Mother. d. Any other relief this court deems just and proper. Respectfully submitted, Jes 'a o]st, Esquire M d Penn Lega] Services 8 Irvine Row Carlisle, PA ]7013 (7] 7) 243-9400 VERIFICATION The above-named PLAINTIFF, KIMBERLY ANN SOLLENBERGER, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: OJ-vS--:'' 0 r ~.n"A~ ~ArB~~/ Kimberly Ann Sollenberger KIMBERLY ANN SOLLENBERGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05- CIVIL TERM GEORGE FULTON JR., Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served George Fulton Jr, with a Complaint For Custody on 2 I Xpfvr.t h..v ,2005 by certified mail, return receipt, restricted delivery, to the person and address below: George Fulton Jr. Cumberland County Prison 1101 Claremont Road Carlisle, P A 17013 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. 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. Date: crt;} \ \0\ KlMBERL Y ANN SOLLENBERGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 05- CIVIL TERM GEORGEFULTONJR,~d MICHELLE SOLLENBERGER, Defend~ts CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Michelle Sollenberger with a Complaint For Custody on;</ ~tl!emW ,2005 by certified mail, return receipt, restricted delivery, to . the person and address below: Michelle Sollenberger 32 Market Street Wormleysburg, PA 17055 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true ~d correct. I underst~d that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. Date: 9 hi Jos- , Sig",~--- ~ '\ ~ o (': "" r:.C-:1 ~ .:..:"" (,I) t"'-' -0 1'-) ( I c: "L: ~J.. ,,,. '-- -'- o -n ~;;T] P'r--: --c rn -.,..,(::1 .~ L ~~?t9 \: -,, (J(") 6rn ::;::! ~o "< 9 C.n OJ ( KIMBERLY ANN SOLLENBERGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO, 05- 4907 CIVIL TERM GEORGE FULTON JR., Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Kimberly Sollenberger, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Je lca Holst, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 170 I3 (717) 243-9400 ---0(1"" lJ;-,'l_l -" " ' .:',~ ~ >::( ~"'C );~ C" :.:::: -" -< o s: <".- ...., = = CoM (/) rn --0 N o -n :r!-n n'F :gm6 -") ~3~ ;,,-1'1 ~:;('5 -<<-rn S 'J> ~ ". ::t: C3 ., <:,n CO KIMBERLY ANN SOLLENBERGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. .05-49.07 CfVIL ACTION LA W GEORGE FULTON, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Thursday, September 29,2.0.05 , 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_,~!~_Floor, Cumberland Couuty Courthouse, Carlisle on ."".., Thul:sday, Q.~t.'ll:>"r,22,,~005 '''.."..__" at ..~..:,30_.,AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot bc accomplished, to detlne and narrow the issues to be heard by the court, and to enter into a temporary order. All children age tive or older may also be prescnt at the conference. Failure to appear at the conference may provide grounds tor entry of a temporary or penn anent 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 hearin!!. FOR THE COURT. By: /s/ Hubert X. Gilrov. Esq. Custody Conciliator ~f/I' 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 befi)re 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 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 Bedt{)rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~~"IP ~~~l *-A~ ,? ~ ~~ ,)'7 ~~4?-~ J(/. 6e tf; -50' !Jl:'- f; 5(1'(X'/f Au<nc"'" (-" "':"':/~n8 111 ;11 l!d 62 d3S 9DOZ "'V,....."",...", :11'1 '0 AtNl.l.../("\;...n';..,-'v';"';O :. 1 :! 381 jj()-{J3l!:l . '. NOV I) 3 ZIlIlS u~ I KIMBERLY ANN SOLLENBERGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-4907 CIVIL ACTION - LAW GEORGE FULTON, JR., Defendant IN CUSTODY COURT ORDER AND NOW, this ~ ~ day of November, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kimberly Ann Sollenberger, shall have legal and physical custody of Amber Fulton, born February 5, 1998. 2. The Father, George Fulton, Jr., shall enjoy periods of visitation with the minor child as follows: A. Every Saturday from noon until 5:00 p.m. B. At such other times as agreed upon by the parties C. When Father visits the child, it shall be under the supervision of the Maternal Grandmother, Bonnie Goodling. Unless agreed otherwise by the parties, Father shall be at Ms. Goodling's home on Saturday at noon, with the visitation to be exercised from the home. 3. The parties shall meet again for Custody Conciliation Conference on Thursday, January 5, 2006 at 9:30 a.m. At that time and assuming Father has fulfilled his obligation with respect to visitation and there are no prior problems, the parties can address the possibility of expanding Father's periods of temporary custody with the minor child. BY THE ~O~>, ~p // /;~/ Cc: ....ressica Holst, Esquire ~ .Mr. George Fulton, Jr. ~~~ c>!~( C>"C,-. \~\~; (-;-\0- ~~\:\\J 0-~ '5 o c,.., iP :;:~ -( "-'G ~",r - v:?, ~ ,.... \":}--< ~1--::-:'--- ~<;;.) ''', C, -------- . KIMBERLY ANN SOLLENBERGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-4907 CIVIL ACTION - LAW GEORGE FULTON, JR., Defendant IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITII THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child is the subject of this litigation is as follows: Amber Fulton, born February 5, 1998 2. A Conciliation Conference was held on October 27, 2005 with the following individuals in attendance: The Mother, Kimberly Ann Sollenberger, with her counsel, Jessica Holtz, Esquire, and The Father, George Fulton, Jr., who appeared without counsel 3. Based upon an agreement between the parties, the Conciliator recommends an Order in the form as attached. Date: /f~1-0r ~ Hubert X. Gilroy, Esquire Custody Conciliator ~ , . ~ \ KIMBERLY ANN SOLLENBERGER, Plaintiff ./AN :; 0 iUUb 'y1'-j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-4907 CIVIL ACTION - LAW GEORGE FULTON, JR., Defendant IN CUSTODY COURT ORDER AND NOW, this 70 day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of November 3, 2005 shall remain in place subject to the modifications as set forth below. 2. Father's periods of visitation with the minor child pursuant to the November 3, 2005 Order are suspended while Father is in prison. 3. Upon Father's release from prison, he may contact the Maternal Grandmother, Bonnie Goodling, to again start visitation with the minor child pursuant to the tenns of the November 3, 2005 Order. Father shall not have any direct contact with the Mother, Kimberly Ann Sollenberger. BY THE" COURT, /:/~' .,~, '.) //" /~ ~' Edgar B. Bayley, Jud Cc: ~ca Holst, Esquire vMr. George FuIto Jr. 'J_'- , o ~.;~ ~ :".::-:! ~:.;.^, o "'t1 --I :t:.." r11F -q1"I.: ~,)y '._~() (-S~B c-,~ l.,J .<... rn C) --I -~ "~J '-< <- :r.-::- Z C.') o :s -- r- o .c- . '- KIMBERLY ANN SOLLENBERGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-4907 CIVIL ACTION - LAW GEORGE FULTON, JR., Defendant IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child is the subject of this litigation is as follows: Amber Fulton, born Febrnary 5, 1998 2. A Conciliation Conference was held on January 19, 2006 with the following individuals in attendance: The Mother, Kimberly Ann Sollenberger, with her counsel, Jessica Holtz, Esquire, and The Father, George Fulton, Jr., was not present. He is in jail. 3. The Conciliator recommends an Order in the fonn as attached. Date: 1~1't-O& XJ Hubert X. Gilroy squire Custody Conci . tor