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HomeMy WebLinkAbout02-3180ROSANNE STUBER, Plaintiff GEORGE WESLEY STUBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-3180 CIVIL TERM : : IN CUSTODY ORDER OF COURT consid he ust ncil , it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~x., of the Cumberland _C,o. unty Court House, on the ~C4. day of ~t.co~t_x.~ ,2002, at ['. o clock, )~ . M., at which time testimony will be tal~n. For purposes of this Hearing, the Mother 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 Heating date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Mother, Rosanne Stuber, and the Father, George Wesley Stuber shall have shared legal custody of Edward O. Stuber, bom April 19, 1985. 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. 4. Father shall have primary physical custody of the Child. 5. Mother shall have periods of partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. to Sunday 5:00 p.m. beginning August 2, 2002. 6. Transportation shall be shared such that the receiving party shall transport the Child. JIJI 2 6 2002 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: Daniel Pollock, Esquire, counsel for Mother Mark A. Mateya, Esquire, counsel for Father JUl 2002 ROSANNE STUBER, Plaintiff Ve GEORGE WESLEY STUBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-3180 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Edward O. Stuber April 19, 1985 Father 2. A Conciliation Conference was held July 24, 2002 with the following individuals in attendance: The Mother, Rosanne Smber, with her counsel, Daniel Pollock, Esquire, and the Father, George Wesley Stuber, with his counsel, Mark A. Mateya, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody, with Mother having alternating weekends. Father indicated that son, who is 17 years, 3 months old, would express a strong preference to live with Father. Child voluntarily left Mother's home on April 17, 2002 to live with relatives until Father obtained a local track-driving job and an apartment in the Carlisle School District. Child has lived with Father since June, 2002. Father suggests Child is upset with Mother's frequent boyfriends. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule. Mother alleges Father has participated in incestuous behavior. 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 alternating weekends. It is expected that the Hearing will require one day. Date Custody Conciliator IN THE COURT OF COMMON PLEAS FOR CI, FMBERLAND COUNTY PENNSYLVANIA Rosanne Stuber : 205 N. Baltimore Street Mount Holly Springs, Pa. 17065 : V4 George Wesley Stuber 102 S. West Stree~ Apt.gl Carlisle, Pa. 17013 CIVIL ACTION -LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW Here comes Rosanne Stuber, by and through her attorney, Daniel Pollock, Esq. to bring forth this Complaint for custody or in the alternative a request for emancipation of her minor child Edward O. Stuber now or formerly known as Edward O. Kanneg, III D.O.B. 4/19/85 for the reason written out below. 1. The Plaintiff is Rosanne Smbor, residing at 205 N. Baltimore Avenue, Mount Holly Springs, Pa. 17065 2. The Defendant is George Wesley Stuber, residing at 102 S. West Street,Apt.#1 Carlisle, Pa. 17013 3. The Plaintiff seeks the physical custody of the following child: Edward O. Stuber, 102 S. West Street, Apt.#1 Carlisle, Pa. 17013, age 17 The child was born out of wedlock The child is presently in the custody of George Wesley Stuber who resides at 102 S.West Slxeet Apt.#1 Carlisle, Pa. 17013 During the past Five Years the child has lived at the following addresses with the following people: 6/1/02- Present 102 S.West St. Apt.#1 Carlisle,Pa. 17013 with George Stuber 4/17/02- 6/1/02 5966 Waggoners Gap Road, Landisburg, Pa. 17047 With Rosalee Heisey, Aunt Jack Heisey, Husband of Rosalee Doug Heisey, son of Jack 1997-4/17/02 205 N. Baltimore Avenue Mount Holly Springs, Pm 17065 With Rosanne Stuber, Mother Angela Stuber, Sister The Mother of the child is Rosanne Stuber, currently residing at 205 N. Baltimore Avenue, Mount Holly Springs, Pa. 17065. She is separated(Divorce not yet final) The adoptive father of the child is George Wesley Smber Currently residing at 102 S.West Street Apt.#1 Carlisle, Pa. 17013, He is separated(Divorce not yet final) 4. The relationship of the plaintiff to the child is that she is his mother, The plaintiff only resides with herself. 5. The relationship of the defendant to the child is that he is the child's adoptive father, the defendant only resides with the said child. 6. Plaintiffhas not participated in any litigation concerning the custody of this child Plaimiffhas no knowledge of another custody proceeding concerning this child pending in any court of this Commonwealth. Plaintiff does not know of anyone not a party to this proceeding who has physical custody of the child or claims to have custody or visitation rights concerning the child. 7. The Best interest and permanent welfare of the child will be served by granting the relief requested because: A. Father and his extended family has undermined mother's rights in seeing and disciplining the child. B. Father and Father's family have kept Edward from his mother's family and have kept them from reaching him when his maternal grandmother died. C. Father and Father's Family have participated in incestous relationships with each other in the past. (See exhibit 1) D. Father can not provide proper guidance for the child. E. Father and Father's Family have sucesssfully alienated Edward from his sister, Angela~ F. Mother has always allowed Edward to have as normal as possible relationship with Father and his family. G. Mother has consistantly provided guidance and moral support for Edward. H. Mother has provided the only stability Edward has ever known. 8. Each parem whose fights have not been terminated and the person who has physical custody of the child to the action have been named as parties to the action. No other person exists who is known to have a claim or a right to custody or visitation of the child. Wherefore the Plaintiff requests the court to grant her custody of the child, or in the alternative, given the child's age of 17 years of age, if he is able to articulate why exactly he does not wish to live in the Plaintiffs house by the Plaintiffs roles, The Plaintiff asks that this Court emancipate the child so that his father's family will have no legal control over him, and be able to force him to participate in their sick behaviors toward his mother and her family, as well as toward themselves. Daniel Pollock, Esq. 3105 Old Gettysburg Road Camp Hill, Pa. 17011 Pm Super. Id. 70315 (717) 737-7566 Respe~ctfully Submitted, lock, Esq. Attorney for the Plaintiff Rosanne Stuber VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge. I understand that false statements knowingly made herein are subject to the penalifies of 18 Pm C.S. 4904 regarding unswom falsifications to Authorities. D,~E (~J Rosanne Stuber I hate you for ruining my chlldhold! I never got to giggle about sex.with all my friends because I already knew What it was all.about, and I didn't think it was anything more than a way to get some attention and affection from guys. You forced me to grow up too fast, my childhood ended the first time I sat and watched you'and Rose screwing on the couch in the back livingroom. 'I was only B or 9 at the time, When Rose left you didn't want to give up your bad habits so you turned to me. I'm 'glad I realized your actions were wrong and I made you stop. The time you came home from college and begged me in the bathroom I wish I would have killed or severely injured you. I don't want you to hurt anyone the way you hurt me. · I made a lot of mistakes in life because I was left so insecure by the trauma you caused. I should never have gotten married. I got married for security and an escape to a better life, not because I loved Russell. I'm not sure I know what love is or will ever feel I really love someone because of what you did to me. It's very hard to trust, especially men. I have no trouble using men because you used me in a very rotten and selfish way. Because you are nothing more than a worm and won't admit to what you did to me, I no longer have a family. If you would only tell the truth things..would be better. I don't want contact with you, but I would be able to handle a family get together at Christmas for mom. But as long as you continue to deny what happened, I will not allow any contact with me from the family. So if you want to help mom's broken heart, be a man, not a worm, and tell the truth. How can you say you don't know who to believe. Just because you believe one person doesn't mean you can't still love the other person. I'm not asking you to kick anyone out of the family, I'm Just. asking for some understanding and support I never had when I was growing up. I never felt I could talk to you when I was a kid and I still feel the same way. You aren't dealing.with the problems our family has, you are brushing them under the rug. This is why I never told anyone when I was a kid. I saw what happened to Rose and I was scared to death. wanted something better. That's why I married Russell, not really because I love him. but for security and an escape to a better life. My biggest goal growing uD was to get the hell out of Perry County. I hate that place. If it wasn't for Russell wanting me to keep my family, I would have quit speaking to you years ago. I didn't want anything to do with such a screwed up bunch of people. 'I wanted to move far, far away~ but Russell talked me into staying and marrying him. Life is a bitch. I've Just waisted 6 years of my life thanks to you screwed up sons-of-bitches. Yes. I'm mad, I'm finally letting out all of the anger I held in for 15 long years. 1§ years of unvented hatrid is a very powerful thing. I never yelled at you in my life until a couple of months ago. I'm sure it felt like shit to you but it felt great to me. I don't have to be the obedient daughter anymore. I always stuffed my emotions deep inside myself because I didn't want to piss you off and therefore not get the monetary support I felt I deserved after all the shit I went through because of my screwed up family. I can make it on my own now, I don't need to rely on you to help me out. My life might not be as comfortable or secure, but it will definitly be more emotionally stable. I won't have to face the ~eople who stole my childhood. My childhood ended the first time I watched Rose and Wes screwing on the couch in the back ltvingroom. I was only 8 or 9 at the time. Can you imagine showing a porno flick to an eight year old. Well I had the real thing not more than three feet in front of me. When Rose left, Wes didn't want to give up his bad habits so he turned to.-me. ~ I'm glad I was smart enough to figure out it wasn't right and made him' stop or I .would have been a pregnant.eleven year old. How would you have explained that to the neighbors. Rose and Wes also showed me where to find the sex books in your bedroom night stand. I used to look through them all the time. I read them cover to cover. I .had a better sex education by the time I was twelve than most adults.do after years of marriage. I knew all about sexual positions and contraceptives, except I wasn't ready to learn these things. I was forced to grow up too fast. I never got giggle about sex with my girlfriends because I already knew what it was · all about and I didn't think it was anything other than a way to get some attention and affection I wasn't getting at home from my parents. You know, that parental' love all childdren need. Where was mine? I can't ever remember being hugged and kissed by either you or dad. I was:scared to let dad touch me at my wedding becaUse he inever held my hand before and now I suddenly had ,to,-walk down the aisle holding his arm and have him.dance;:iwith me at the reception. I was uptight, very uptight, but'atlJleast there was a room full of people so I knew he wouldn".t dare .try anything. Yes, I was still scared of dad untili~last summer when I started telling people about my past.'t! Once you let the truth out. a lot of your fears go. away and it feels great to be rid of these burdens I've carried around all my life. One time you mentioned to me that you knew about a lot of things but Just didn't say anything. What wereyou referring to? Did you ever think that I thought you didn't care because you never said anything to me about my boyfriends. I slept with a lot of guys and I couldn't understand how you didn't know it. I thought you didn't care because you were so heart broken about Rose. I felt you didn't give a shit about what I did because you loved Rose and not me. You and dad kept wanting to know if I loved you, so I said I did Just so the two of you would shut up. I don't think I love you or dad or anyone else for that matter. I don't know if I will ever truly love anyone. It's very hard to trust and rely on people after you have been shit upon by your family. If you can't trust your family, who can you trust? I trust myself to know what is good for me, and I'm learning to trust some of my friends. I Just wanted to thank you for giving me such a shitty start in life. Nothing like learning about it the hard way. The Peterson Family, I thought I would write a letter to everyone to let you know how I'm doing. I have no idea what you may or may not know so I'll start in the beginning. When I was ten Wes molested me. It lasted for a summer until I figured out it was wrong and made him stop. You see, Rose and Wes used to fool around, they would have me watch, and when Rose left home Wes didn't want to give up his bad habits so he turned to me. Rose'told me not to let dad touch me so I figured if dad wasn't aloud to touch me why should Wes be and I made him stop. Oh, he kept trying from time to time and I kept fighting him off. One time he came home from college on break and begged me in the bathroom. If 'I had the courage then I have know. he might not be alive today. I never told anyone because I saw how miserable Rose's life was and I wanted something better. I decided to serve my time then get the hell out when I could. That's why I married Russell, not because I loved him but because I wanted an escape to a better life. Russell was the second person I ever told and it took me a year to work up enough courage to tell him. When I told him, he said we could work it out between the two of us and I didn't need to tell anyone else because people may use it to hurt me. Any asshole who would use this to hurt me is a sick PUD and it took me six years to figure it out. Incest does wonders at screwing up your mind and you don't always think straight when you are dealing with your emotions. The first person I told was Tony. the boyfriend before Russell. and he said people wouldn't love me if they knew. People like to keep these things a secret for some reason but keeping the secret emotionally destories the victim, me. I've decided I can be self sufficient and I no longer need to keep the secret. I left Russell' the second week in January and our divorce should be final by August or September. I wanted to tell everyone so many times but I was too scared to. I saw how the family, you, reacted to Rose's situation and I definitl¥ felt I was better off not telling anyone. Bullshit!~ You abandoned me and my family, if that's what you want to call them, and that rea}ly hurts when you are Just a kid and suddenly you no longerget to see your aunts, uncles, and cousins. I hated you.then and I don't feel much for you now. Hell my grandparents didn't even come to my wedding and they say they love me, yea right, some love. That's not a very healthy kind of love and I don't need it. I have gone to counseling and I read a lot of. books that deal with incest and how to handle the side effects of it. I'm doing great now. My counselor even wants me to go through training so I can help other women. She said it is good for victims to see someone who has taken something so ugly and used it as a driving force in her life to make something of it. I didn't graduate from college with honors because I Just got lucky. I knew I needed the best education I could afford if I wanted to get the hell out of Perry County and do something with my life. Please don't bother calling Russell to get.mY~:Phone number because I've told.him not to give it to yout':i,,,If I ever want to talk to you again, I'll call. Russell.and I are trying to keep our divorce from getting ugly and so far things are going very smoothly. He understands how much I've been hurt and he is letting me go even though he doesn't want to loose me. This is very hard on him and your phone calls will only make things harder to deal with. Basically I'm not only divorcing. Russell, .I'm divorcing my whole family. I don't need you messing me up after I've come so far. I'm a fighter and I will survive. ROSANNE STLrBER PLAINTIFF V. GEORGE WESLEY STUBER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-3180 CIVIL ACTION LAW IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, July 10, 2002 , 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 Wednesday, July 24, 2002 at 9:30 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 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 hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, 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 the 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY ROSANNE STUBER GEORGE WESLEY STUBER : DOCKET NO. 02-3180 CIVIL ACTION-CUSTODY MOTION FOR CONTINUANCE And Now Here comes Rosanne Smber, by and through her attorney, Daniel Pollock, Esq. to request a conflmmnce of the above captioned matter currently scheduled for August 28, 2002 at 1:30 P.M. for the reasons listed below. 1. The Parties to this action and the minor involved have reached an agreement in principle to settle this matter. 2. In order to properly settle this matter the parties will need beyond the scheduled date of August 28, 2002 to draw up the necessary paperwork and have all involved agree to the particular language to settle the above captioned matter. 3. All Parties concur in asking for this continuance in order to properly prepare what needs to be done to settle this matter. Wherefore Rosanne Smber and her counsel pray that this Honorable Court continue this matter generally to allow the parties the oppommity to settle this matter totally and amicably. Daniel Pollock, Esq. 3105 Old Gettysburg Road Camp Hill, Pa. 17011 Pa. Super. Id. 70315 (717) 737-7566 Respectfully Submitted, Attorney for the Mother Rosanne Stuber AFFIDAVIT OF SERVICE On July 9, 2002 I, Daniel Pollock, Esq. did serve this motion for continuance upon the following interested parties by first class mail. Mark A. Mateya Esq. C/O Knisley, Knaub and Imblum Cameron Mansion 407 N. Front Street Harrisburg, Pa. 17101 Dani61 Pollock, Esq. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY ROSANNE STUBER Ve GEORGE WESLEY STUBER DOCKET NO. 02-3180 CIVIL ACTION-CUSTODY ORDER OF THE COURT AND NOW The l.t~J'~ day of August, 2002 it is ordered and decreed that this matter is continued generally. If the agreement in principle shall fall to materialize, either party may petiton this court to have this m~~.~ts. BY THE COURTx~e~(~//~/j.