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Home My WebLink About00-00254 ~.- , ' i ,1 !J:~ ,I >'.- KRISTEN SIMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-254 CIVIL TERM : TODD A. RAILER, : CIVIL ACTION - LAW Defendant . IN CUSTODY . aIDER OF <XXlRT AND ~, this Z-eJ' day of Olh~ consideration of the attached Custody Conciliation Report, and directed as follows: , 2000, upon it is ordered 1. The prior order of this Court dated March 16, 2000 is vacated and replaced with this order. 2. The Mother, Kristen sims, shall have legal custody and primary physical custody of Kaitlyn Marie Railer, born June 22, 1998. 3. The Father, Todd A. Railer, shall have periods of visitation with the Child only as arranged by agreement of the parties. BY THE COURT, 4i . Hess, J. cc: R. Mark Thomas, Esquire - Counsel for Mother \ ~ ~ /D..l'l,Oi) Todd A. Railer, Father /' ~ \ ~~"""'---_...lIJill~ (~) C"~ '". f:-"'": ~, --- '-' <~J- C:;j <:::> ,,~.... "...~, .~=) "~:(!f ~~21 --'~ .-,-- ,~f~~) ,-., v Lnililiilill, ~ ^~"=.'~.'"- ~" "~ 'lI~ ~, ;" l!! --'-~ '-0, ... .... KRISTEN SIMS, : IN THE roORT OF romoN PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. 00-254 CIVIL TERM . . . TODD A. RAILER, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . PRIOR JUDGE: Kevin A. Hess CUSTODY CCECILIATKtiI SUMMARY REPORT IN ACXXIIDANCE WITH CUMBERLAND <XlUNTY 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 Kaitlyn Marie Railer June 22, 1998 Mother 2. A CUstody Conciliation Conference was held on October 10, 2000, with the following individuals in attendance: The Mother, Kristen Sims, with her counsel, R. Mark Thomas, Esquire. The Father, Todd A. Railer, did not attend the Conciliation Conference or contact the Conciliator. The date and time of the October 10, 2000 Conciliation Conference was set forth in paragraph 6 of the prior Order of this Court dated March 16, 2000, as it was agreed upon at the prior Conciliation Conference on March 8, 2000. 3. The additional Conciliation Conference had been scheduled in the prior Order in order to review the custody arrangements after both parties had obtained their driving licenses after a six month suspension and also after the Mother had discontinued nursing the Child, who is now 2 years old. Under the prior Order, which reflected the parties' agreement at the Conciliation Conference in March 2000, the Mother had primary physical custody of the Child and the Father had partial custody on alternating weekends on both Saturday and Sunday from 9:00 a.m. to 6:00 p.m. and on 2 full days during the two week interim. According to the Mother, the Father last had contact with the Child on March 30, 2000 and has failed to appear for periods of custody under the Order since that time. The Mother does not know where the Father is currently residing, although she believes he continues to live in the local area. The Mother has not had telephone contact with the Father since March 2000. 4. Based upon the representations made by the Mother at the conciliation Conference and the fact that the Father did not attend the conference or contact the Conciliator, the Conciliator recommends an Order in the form as attached. OciD b,A 1/ ~() Date I {(l./O~ Dawn S. Sunday, Esqui CUstody Conciliator .~- -= ..k,," I JAN 18 zooaW KRISTEN SIMS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.,;;lOO6 - :l.sy CIVIL TERM IN CUSTODY TODD A. RAILER, Defendant AND NOW, this ORDER OF COURT \ <:g day of <... 'ol\e ru'-A \ , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ~'::.\ ~~ {V~ ( , the conciliator, at Jj \J .\-lo\(\0: '') \:\rc~\c.\h.r-, "18\ on the :\ day of '\Jo,,( h , 2000, at \ \', GO A.M., 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. Either party may bring the child who is the subject of this custody action to the conference, but the child! children's attendance is not mandatory, Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: BY:~si\,~\}~~~ Custody Conciliator C ~0 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 TELEPHONE; (717) 249-3166 " J'11-cJ,j //1'a:? /1&,.cJeJ ;, .~ ~ .. " .,.,' " " ',,' 1~',r,C fl,-('\CR"" '-_V Vi, vf: "'" ""'[',' "~'IO~IARY \....1J- ;"':-~: "r, ~\...'l\, 00 JAil 19 PH 2: 30 CUUB',"'~,'t !.J';u'-' Cn1v'N!1Y I'll en ..r' '1 '"' PENNSYLVANIA &d,~ /I~~~~ ~ ~~c!7f/.. ~~~~4~, ~-,. ! ~, .Jllr~ .,~,II!I!\!:!lIlIl!"'!"'II"m,"!'!..._'ii'li'i'-'!~R!r"f'",,_ ~ ,."'!'l , 'i' U"l'~lm'lf'll'l'l!'!l! ~."'~~,_'" !,'.."'''''' ~,~~ _.~ <I ".i..:~ .~i;i KRISTEN SIMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. :tOC>6 - :U'f CIVIL TERM IN CUSTODY TODD A. RAILER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court to obtain custody, partial custody, or visitation of the children herein named. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and you may lose rights important to you, including custody or visitation of your children, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 ," ~"'~ . KRISTEN SIMS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. .:l1lVV - J.5L{ CIVIL TERM TODD A. RAILER, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is KRISTEN SIMS, presently residing at 1007 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is TODD A. RAILER, presently residing at 104 Westview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Kaitlyn Marie Railer 1007 Bridge Street New Cumberland, P A 17070 18 mos. The child was born out of wedlock. The child is presently in the custody of Kristen Sims who resides at 1007 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Kristen Sims and Todd A. R-ailer 104 WestviewDrive Mechanicsburg, P A 06/22/98 - 12/31/99 Kristen Sims 1007 Bridge Street New Cumberland, P A 12/31/99 - Present The mother of the child is Kristen Sims, currently residing at 1007 Bridge Street, New Cumberland, Pennsylvania. - , lil&iI"H~-, She is single. The father of the child is Todd A. Railer currently residing at 104 Westview Drive, Mechanicsburg, Pennsylvania. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Adele Sims Daniel Sims Mother Brother 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Pamela M, Railer Mother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to 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 reliefrequested because: a. The parties agree that the plaintiff would be the primary caretaker of this child and that the plaintiff is fully capable of providing the nurture and care that this child will need to develop fully both emotionally and intellectually. ~. , - ~ ...."'1:'_" 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant custody of the child to plain tiff. Respectfully submitted, 7<Jt1J~ R. Mark Thomas, Esquire Attorney for Plaintiff 101 South Market Street Mechanicsburg, P A 17055 (717)796-2100 ID# 41301 , , , '"- ~ ~- ~""'i" VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, ~4904, relating to unsworn falsification to authorities. I iRk", Date:~ -KJ\~O .1if--~~."""""~IliOlIJii_~~I!lliIIlIlIilI~2l1blf&J-J~ ~-~<~~ ~~~"lW"'" '"'"-".d""'~'ilir~" 1-.""' ~~ , - --,".~~. f! ~ ~ () 0 0 ~ 0 -n f;. ~ <-- c.:1 ~ ,v-, -0 OJ l"" -L-n 0 mn'! Z ~'":1r: C5 z::o :g8 ~ ~ z~ w fA ^ ~6~ ....... 8 0 ~ ~L_ " ;.:::0 ;Do (5:+1 ~ "V ~ D ~o :x z~ -0 S' ~ I ;J>c ~ ~ (,,) ~ ~? ...... ~ ,-, .Iil:.';; .... .. KRISTEN SIMS, . IN THE CDURT OF CDMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-254 CIVIL TERM : TODD A. RAILER, : CIVIL ACTION - LAW Defendant : IN CUSTODY OODER OF COORT AND I'OIT, this If..... consideration of the attached and directed as follows: day of rr>a...v. , 2000, upon CUstody Conciliation Report, it is ordered 1. The Mother, Kristen sims, and the Father, Todd A. Railer, shall have shared legal custody of Kaitlyn Marie Railer, born June 22, 1998. 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 her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends on both Saturday and Sunday from 9:00 a.m. until 6:00 p.m., beginning March 18, 2000 and March 19, 2000. The Father shall have custody of the Child on Friday, March 10, 2000 from 11:15 a.m. until 8:00 p.m. During the interim periods between his alternating weekend periods of custody, the Father shall have custody of the Child on 2 full days, with the specific dates and times to be arranged by agreement of the parties. The Father may also have custody of the Child at any additional times arranged by agreement between the parties. 4. The parties shall alternate or share having custody of the Child on holidays as arranged by agreement. 5. The party receiving custody shall be responsible to provide transportation for the exchange of custody, unless the parties agree otherwise. 6. The parties and counsel shall attend a second CUstody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, Esquire, on Tuesday, October 10, 2000 at 3:00 p.m. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation ConferenCe. The parties may modify the provisions of ~~"' -"'~ , -', - this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: R. Mark Thomas, Esquire - Counsel Todd A. Railer, Father ,/Ii BY THE COURT, J'.j ,00 f' ~ ,(II. Q;-f? . , .....i.r ~~."" ~...,.."~.~- ~.~,. ,"~ ~~- ~ ~-, "~". '., ~'-rrilIIJ'!I!fi ..."- ".""" ~'" 'II == ~ """""'''''. -- " ',' 'k,",' .... )f ~r ~~ ....... ...'"'-1 . ~ r ' KRISTEN SIMS / : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY/ PENNSYLVANIA : vs. . NO. 00-254 CIVIL TERM . : TODD A. RAILER/ . CIVIL ACTION - LAW . Defendant . IN CUSTODY . CUSTODY CDlICILIATI<J!I' SUMMARY REI'(RT IN AexnmANCE WITH CUMBERLAND COONTY 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 Kaitlyn Marie Railer June 22/ 1998 Mother 2. A conciliation Conference was held on March 8/ 2000/ with the following individuals in attendance: The Mother/ Kristen Sims, with her counsel, R. Mark Thomas/ Esquire, and the Father, Todd A. Railer, who was not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. rvl.cvt. fA..- Date f . d-ol){) / ~ Custody Conciliator