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Home My WebLink About93-3320 /"Jo, ;113.- '33.;(0 o,-Jd +~J.4'\ GrCj{)ry w 6~t(/c v' S; . /{Cc+~ I e.e 1\ A &eff( ~ ( 0 1''(/ OL i ,'l + - C u... st d{:J i a-I/ Idi'^J S' (rIal'" 'fo v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3320 CIVIL 1993 GREGORY W. GETTLE, PlaintifflRespondent KATHLEEN A. MARTIN f/kla : CIVIL ACTION - CUSTODY KATHLEEN A. GETTLE, DefendantjPetitioner PETITION TO MODIFY CUSTODY ORDER AND NOW comes Kathleen A. Martin, by and through her attorney, Nora F. Blair, Esquire, files this Petition to Modify Custody Order and in support thereof avers as follows: 1. The parties hereto are the parents of one minor child, Chelsea Gettle, born August 27,1990. 2. Petitioner has had primary physical custody of the parties' daughter since the parties separated in October, 1992. The parties' minor daughter was just two years of age at that time. 3. In 2004, Petitioner relocated to North Carolina after the parties reached agreement with respect to the relocation and a revised schedule of partial physical custody for Respondent. A copy of the Order that was entered on August 12, 2004, based upon the agreement of the parties at a custody conference on July 29,2004, is attached hereto, marked Exhibit "A" and incorporated herein by reference. 4. Paragraph 4 of the August 12, 2004, Order provides that the return time during the school year is 3:00 p.m. the day before school resumes. 5. Petitioner has asked Respondent to change the time so that Petitioner and the parties' daughter do not get home to North Carolina so late on the night before a school day. Respondent has been unwilling to change the return time. 6. Petitioner believes and therefore avers that it is in the parties' daughter's best interest for the return time to be earlier in the day. 7. Paragraph 5 of the August 12, 2004, Order provides that Respondent has custody of the parties' minor daughter for all but two weeks of the summer vacation from school which are with Petitioner and two weeks which are with Petitioner's parents. 8. The parties' daughter will be sixteen (16) years of age this summer. 9. It is difficult for the parties' daughter to participate in activities in North Carolina with most of the summer spent in Pennsylvania. 10. Petitioner believes and therefore avers that it is in the parties' daughter's best interest for her to spend more of her summer in North Carolina. 11. Petitioner is concerned that the parties' daughter is not treated with dignity and respect when she is in Respondent's home. 12. Petitioner believes that Respondent should assure that his daughter is treated with dignity and respect in his home. WHEREFORE, Kathleen A. Martin respectfully requests that Your Honorable Court grant modify the custody schedule as indicated in this Petition and admonish Respondent regarding the treatment of the parties' daughter. RespectfuU; submitted, DATED: j -1 0/2_.' ;./... (f7 2 I / ~.{. ',}I L)Ot. l / ~----c ora F. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 GREGORY W. GETTLE, Plaintiff [Respondent v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3320 CIVIL 1993 KATHLEEN A. MARTIN flk/a : CIVIL ACTION -- CUSTODY KATHLEEN A. GETTLE, Defendant/Petitioner CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Petition to Modify Custody Order on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Paul J. Esposito, Esquire 320-E Market Street Harrisburg, PA 17101 Date: '20~ ,4 ji-/;j ..Yt. 2- () 0 (, Respectfully submitted, Nora F. Blair - , ./'<;- __J, " ~ ~ 7\ : 1: '+ c C> v'; -" ..j vi )I- (') ~ ~ 'P h ,.J -.t: , ' '-1 -...... ';9 ^" " GREGORY W. GETTLE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 93-3320 CIVIL ACTION LA W KATHLEEN A. MARTIN FIKlA KATHLEEN A. GETTLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, April 24, 2006 . upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at_.--.l~West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 23. 2006 , the conciliator. at 11 :30 AM for a Pre-Hearing Custody Conference. At such conference, an etfort will be made to resolve the issues in dispute; Or ifthis 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 mav also be present at tbe conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and 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: Isl Dawn S. Sunday, Esq. _1~ Custody Conciliator fA. .. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For inf()rmation about accessible facilities and reasonable accommodations available to disabled individuals having business before the co un, please contact our omcc. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scbeduled conference or hearing. YOU SHOULD TAKE THfS 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) 249-3 166 ~P"'~~~ ftr ;2- "1'Tm/{ /~l lU" ;;'flt t--n~CJ ));1/ .f' rfJ' ~I ~~ ~7v' ~-r, /7 '~%Y P,g 1'- '1J'':'' 4iG; (Pi! J] 5th \' \ ..:,.' l'-'\ GREGORY W. GJ!.Tl'LE, Plaintiff v. : IN THE COURT OF COMMON PLEAS, : CUMBERLANDCOUNl'Y, PENNSYLVANIA : NO. 3320 CIVIL 1993 KATHI.F.~ A. MARTIN flk/a: CIVIL ACTION - CUSTODY KATHLEEN A. GErl'LE, Defendant ACCEPTANCE OF SERVICE p/':V." I:./!{! I, Paul J. Esposito, Esquire, am the Attorney for the DefendBftt, Gregory W. Gettle, in the above-captioned matter. In that capacity, I am authorized to and have accepted service of the Petition to ModifY Custody Order, as of this the ;( ~ dayot ~J , 2006. ito, Esquire fi r Dd-~'llDt flaw, -/;i~ .-' ~ c-"'" of' ~;, ;.....: \ rV o ...n -' ::r--n {1.'if'::: -0([\ ~'~)\ -' ~~'?, ~'< ~:~,-,;:-{\ Om A ~,2~ ~ 7'" ::>>: 'P \"" r-.:> ... GREGORY W. GETTLE Plaintiff RECEIVED ~y 3 q 'l006 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ". vs. 93-3320 CIVIL ACTION LAW KATHLEEN A. MARTIN FIKJ A KATHLEEN A. GETTLE Defendant IN CUSTODY ORDER OF COURT AND NOW, this I'. day of 1h ~ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 12,2004 shall continue in effect as modified by this Order. 2. The Father shall have custody of the Child during the summer school break from June 10 through August 5, 2006, subject to the maternal grandparents having custody during that time period for approximately two weeks or 14 days, which shall be scheduled by agreement. The Mother shall transport the Child to the Father's residence at the beginning of the summer break period of custody. The parties acknowledge that the Father has scheduled a vacation with the Child from July 8 through 15. 3. During the school year, when the Father's periods of weekend or holiday custody end on Sunday, the time for exchange shall remain as provided in the prior Order ofthis Court. However, when the Father's periods of custody end on a day ofthe week other than Sunday, the return time shall be 1 :00 p.m. and the Mother shall transport the Child to the Father's residence at 10:00 a.m. on the day on which the Father's period of custody begins. 4. The Mother shall provide copies of the Child's report cards to the Father on an ongoing basis. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. BY THE COURT, /L. J. cc: ~ra F. Blair, Esquire - Counsel for Mother "'-paul J. Esposito, Esquire - Counsel for Father ^<r) \:}.p ~\Y a .... S I :6 l1\t 2- NOr 900l AU\Jlrc'l,j( ',;.J i (~'U':l :lHl :10 av. Ul'il-" L:..',..I\...J\ -a 3Jl~~O-Q31Ij .. ....' GREGORY W. GETTLE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 93-3320 CIVIL ACTION LAW KATHLEEN A. MARTINFINIA KATHLEEN A. GETTLE Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Chelsea Gettle August 27, 1990 Mother 2. A custody conciliation conference was held on May 25,2006, with the following individuals in attendance: The Father, Gregory W. Gettle, with his counsel, Paul J. Esposito, Esquire, and the Mother's counsel, Nora F. Blair, Esquire. The Mother, Kathleen A. Martin, who resides in North Carolina, participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. ~ Date c;) ~ ,;).00& . Da~~ Custody Conciliator 1_