HomeMy WebLinkAbout97-05658
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n\J~n.or'FlCC
OF 111' !()n C";:'lTtRY
qfl JUN 10 It! :1189
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PENN~)'r'LV;,Nli~
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KANDI M. STONE,
. Plaintitl.
IN nlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL.V ANIA
v.
NO. 97.5658
ROBERT M, CALDWELL,
Defendant
IN CUSTODY
RUI.E TO snow CAUSE
,
AND NOW. this __ day of , 1998, upon consideration ofthe foregoing
Motion, II Rulc is hereby issued upon Plaintiff to show cause, ifany there be, by the relief prayed
for in the foregoing Motion should not be granted.
Rule returnable in live (5) days.
BY TUE COURT,
Edward E. Guido, Judge
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KANDI M. STONE,
1111llnlitl'
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, I'ENNSYLV ANIA
v,
NO, 97.565K
ROllERT M. CALDWELL,
Dcfcndnm
IN Cl'STODY
MOTION !'OR CONTEMPT
AND NOW. comcs Dcfcndant Robcrt M. Caldwcll. by and through his attorneys,
MARTSON, DEARDORFF, WILLIAMS & OTTO,lInd rcqucsts thc Court to huld Plaintill', Kandi
M, Stonc. in contcmpt for thc lollowing rcasons:
I, A Custody Ordcr was cntcrcd on Dcccmbcr 31. 1997 which provided, iI/Ie/' alia,
alternatc weckcnd visitations with Dctendant. as wcll as at least one wcck in thc summcr. A copy
ofthc Ordcr is attached hcrcto and markcd as Exhibit "A."
2. Somctimc, apparcntly in carly Fcbruary, Plaintiff surreptitiously rclocated to
Tennessce, taking the child with hcr,
3, Dctendant tilcd a Pctition telr Custody on or about March 30, 1998, a true and correct
eopy of which is attached hcrcto and mark cd as Exhibit "B,"
4. Pursuant to said Petition, a custody conciliation confcrcncc was held on May 5, 1998
before Hubert X, Gilroy,
5. At that conciliation conlerencc, Plaintiff did not appcar, but was represented by her
attorney, Joan Carey, Esquirc,
6, Pursuant ,0 thc rccommcndation of Mr, Gilroy, both partie:; agreed that Delendant
would have the child for lour consecutive days per month and the Plaintiff would transport the child
for that purposc to Defendant's homc, pcnding a hcaring on Defendant's Petition to Modiljt. Exhibit
UB,H
7, Plainti tl's counsel wrote to Mr, Gilroy and dcfense counsel, on about May 13, 1998,
that the four days in May and Junc that Dcfendant gets to spcnd with thc children be run
consecutively from thc last four days in May through the tirst le)ur days in Junc. so that Delendant
would have thc child for cight days. from May 2K through June 4. and that Plaintiff was going to
transport for that purpose, A copy of the Icttcr is attachcd hereto and markcd as Exhibit "e."
8. Defendant, through counsel, ugrecd to this l\lld ulso requests hiK summer custody to
be laler in June, A copy of suid Iclter is uttuched herelo und murked us Exhibit "1>."
9. Phlintiff has not provided lhe child as pCI' hcr uttorlley's ICller. in violation ol'the
existing Custody Ordcr und the interim recommendutions of the Custody Conciliator, despite the tilct
thlll Delendant saw Pluintiff driving by his house on May 21l, 1991l, though without the child,
10. Defendant has not seen his child since early February.
11, A hearing in this mailer has recently been scheduled for July 29, 1998, beginning at
10:00 a.m,
12. At this point, Plaintiff has unilaterally denied Delendllnt his custodial rights,
guaranteed by Order of YOUI' Honorable Court, for over four months. and it will be almost six
months by the time of the hearing on July 29, 1991l..
13. Delendant will be irreparably prejudiced by Ihis illegal and contemptuous action on
the part of Plaintif!:
14, Defendant has already had numerous plans, including scheduled vacations lInd family
events, ruined by the failure of Plaintill' to honor her obligation, and more will be ruined before the
scheduled hearing, absent emergency intervention on the part of the Court,
15. Defendant needs an Order giving him sole physical and legal custody of the child,
pending further Order of this Court, so that he can take this to Tennessee, or wherever Plaintill' is
living by now, and have it cnforced by the authorities thcre,
WHEREFORE, Dclendant prays Your Honorable Court to adjudge Plaintitl' in contempt and
to immediately transfer physical and legal custody of the minor child, Austin Stone Caldwell, born
December 21, 1994, pending further Order of Your Honorable Court.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
By.:rk.u~J. IN JL'~
Thomas J, Willi;tns, Esquire
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Defendant
Date: June 5. 1991l
-
@JDEC 111991
ROBERT M. CALDWELL,
Defendant
I IN THE COURT OF COMMON PLEAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
I
INO: 97-5658 CIVIL TERM
IIN CUSTODY
KANDI H. STONE,
Plaintiff
V
COURT ORDER
AND NOW, this 3'.or day of December, 1997, upon
the attached Custody Conciliation Report, it
directed as follows:
~H~-'111.
consideration of
is ordered and
J. 2~is Court's prior Order of October 14, 1997, is vacated.
2. The Father, Robert M. CaJdwell, and the Hother, Kandi M.
stone, shall enjoy shared legal custody of Austin Stone-
Caldwell, born December 2J, 1994.
3. The Hother shall enjoy primary physical custody of the minor
child.
4. The Father shall enjoy temporary physical custody of the minor
. child as follows:
A. On alternating weekends from Friday at 6:00 p.m. until
Sunday at 6:00 p.m.
B. For the summer of J998, for a period of at least one
consecutive week with the underlftanding that Father shall
be afforded additional time in the summer months as long
as the one week vacation goes well.
C. On alternating holidays, arranged such that the Father
shall enjoy Easter, Jul.y 4, and Thanksgiving on even
years and New Years, Hemorial Day and Labor Dayan odd
years. The Hother shall enjoy those holidays on the
alternating schedule. 2'he time for the holidays shall be
from 9:00 a.m. until 7:00 p.m.
5. The Christmas holiday shall be split into two segments, the
first segment being JO:OO a.m. on Christmas Eve until 10100
a.m. on Christmas Day and the second segment being 10100 a.m.
on Christmas Day until 10100 a.m. on December 26. The Mother
shall Ilave the first segment in 1997 and the parties shall
alternate thereafter.
6. The Mother shall always have custody on Hother's Day and the
Father shall always have custody on Father's Day. Thi.s
provision shall supersede any other provision of this Order.
EXHIBIT "A"
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':'IILl.l'DATAlII,I'IOIHl)()C'9lN4"4IH.IIlIM
OIIW:OJr/)OI'NOU):JUM
I"'" O)l'Or'M 10,OUt AN
KANDI M, STONE,
Plair,tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
NO, 97-S6S8
p ~ 0
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PETITION i:.,' - ;~~
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AND NOW, comes Defendant Robert M, Caldwell, by and thro~sh :~8 a;~m~M
MARTSON, DEARDORFF, WILLIAMS & OTIO, and avers as follows: :,J 13 ~
I, A Custody Order was entered on December 31, 1997 which provided, Inter alia,
alternate weekend visitations with Defendant, liberal telephone access and notice of any change in
address and phone number. A copy of the Order is attached hereto and marked as Exhibit A.
2, When Father went to pick up the child on his nonnally scheduled weekend, Friday,
February 13, 1998 at PlaintilT's residence, he discovered that Plaintiff and child had vacated the
ROBERT M. CALDWELL,
Defendant
IN CUSTODY
residence,
3, No notice of a change of address was provided to Father,
4. Upon inquiry, Father discovered that the reason for the sudden disappearance of
Plaintiff was due to the fact that warrants for he!' arrest had been issued by District Justice Larry K.
Meminger on at least four counts of bad checks, totaling thousands of dollars. On infonnation
received from District Justice Meminger, Defendant believes and therefore avers that Plaintiff is a
fugitive from said warrants.
5, Upon investigation, Defendant learned from one of Plain tilT's creditors that she had
been discovered living at 199 Nonnan Jones Road, Lot 22, Elizabethton, TN 37643.
6, Defendant has been denied visitation with his child, the subject oflhis proceeding,
Austin Stone-Caldwell, born December 21,1994.
7, Plaintiff is in contempt of the Court's Custody Order for the reasons set forth above,
8. Attomey Richard Morris had represented Defendant at the conciliation conference,
but has never entered his appearance in the case, and has advised thC'l undersigned counsel that he
does not represent Defendant.
--
(iDEC 111991
ROBBR't H. CALD"BLL,
Detendant
, IN 'Z'HB COUR'J' or COHHON PLlAS or
,CUHBBRLAND COUN'tY, PI1NNsrLVANIA
,
,CIVIL ACTION - LA"
,
,NO, 97-5658 CIVIL f'I1RH
, IN CUS'l'ODr
1CANDr H. S'l'ONB,
PldntUt
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exxmf' 0Rm:R
AND NOJI, thia ~ day at Deae.her, J997, upon
the attaahed Custody Conallldion Reportt it
directed a. tollo".,
1. rhia Court'. prior Order 01 October J4, J997, le vaaated.
.,'f-U' ..
aoneideration at
ie ordered and
2. 'the rather, Robert H. -Caldwell, and "the Hother, Kandi. H.
Stone, .hall enjoy shared legal custody at AuaUn Stone-
Caldwell, born December 2J, J994.
3. 'Z'he Hother shall enjoy prlllary phyeiad cu.tody at the II.Lnor
chlld.
4. 'Phe Fathllr shall enjoy temporary phy.ioal custody at the minor
. child a. lalla".,
A. On alternating weekends .(rom Friday at 6:00 pIli. until
Sunday at 6:001".' ",
B. For the .wnmerot 1998, lor a period ot at leaet. one
con.ecutive week with the under. tanding that Father ahall
be allorded additional t.l.e in the .UIIIINi!':' month.. as 10lJg
aa the one week vacation goes well.
C. On alternating holidaye, arranged auch that the Father
ehall enj(JY Buter, July 4, and f'hankaglving on even
years and Ne" rears, Httmorial Day and Labor Dayan odd
yeare. 'Phe Hother shall enjoy those holiday. on the
alternating .chedule. 'Phe t.ille tor the holldaya lihall be
trOlll 9:00 a.... until 7,00 p....
5. 'Z'he Chdat.a. holiday ahall be split into two .egmenta, the
lirst segment being 10,00 a... on Chri.t.as Bve until 10,00
a... on Chrllltma. Day and the aecond se!]INnt being 10:00 a...
on Christmall Day unUl 10:00 a.., on Deo""'el" 26. I'he Hother
IIhall have the tirst .egment in 1997 and the partie. .hall
alternate therealhr. . '.
'6. 'Z'lIe Hother .hall alway. have cUlltody on Hother'lI Day and the
Father IIhall al"ays have cUlltody on Father'. Day. 'this
provlsionshall .upersede any other provision 01 this Order.
EXHIBIT "A"
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Exhibit C
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exhibit D
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I'he 1I1J0V\I-nlllll...d plllllltl,.,., 1\1111"1 M. 'Ntoll~', Iti \Hll or th\!
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wlt/1'ln the lillw III low..." rill' tll;' t'f II II/.! of thl", "...tltlon.
Th" Inl"lI'lfIlll.lotl III lids "'dltl,)II Iii tru" llll" 1."\1'''''1:1. to thu
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sr':Rvrer.:s, r~lC. !lIld wil.li II,'" plllldllrl'. 'I'h... pllllnl.lff untl"rsl:llll,JH
th.:lt fills" HllltuIIJI!I1I.~ 1'1\'.,....111 Ill'c 11111".... .~ulJjQct to' I.h" l'<:nllll:'I....'" of
I ~ P /I. c. Ii, M 4 'Hl.I, I' <'I Ill. I n g tll lJ II Ii W or n I'll I H I 1'1 C III Ion t 0
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@IDEe 111991
ROBERT H. CALDWELL,
Defendant
: IN THB COUR'l' OF COHHON PLEAS OF
:CUHBERLAND COUN'I'Y, PBNNSYLVANIA
:
:CIVIL ACTION - LAW
:
:NO: 97-5658 CIVIL TBRM
: IN CUSTODY
1UIJiDr H. STONB,
PldntiU
V
I
COUR2' ORDER
-
l'~-'3' b
consideration of
iB ordered and
AND NOlf, thie ~ day at December, 1997, upon
the attached Custody Conciliation Report, it
directed as tollowe:
J. This Court's prior Order ot october 14, 1997, is vacated.
2. The 'ather, Robert H. Caldwell, and the Hother, lCandi H.
Stone, ehall enjoy ehared legal custody at AUBtin Stone-
Caldwell, born December 21, 1994.
3. The Hother shall enjoy primary physical custody at the minor
chi.ld.
4. The Father shall enjoy temporary physical custody of the minor
. child as tallows:
A. On alternating weekends(roq Priday at 6:00 p.m. until
Sunday at 6:00 p,m. .',
B. For the summer at 1998, tor . period of at leaBt one
consecutive week with the understanding that Father shall
be atforded additional time in the sUllllller months aB long
aB the one week vacation goes well.
C. On alternating holidays, arranged such that the Father
shall enjoy Baster, July 4, and f'hanksgiving on even
years and New YearB, Hemorial Day and Labor Day on odd
years. The Hother ehall enjoy those holidays on the
alternating schedule. The time for the holidliYS shall be
from 9:00 a.JII. until 7:00 p.m.
5. The Christmas holiday Bhall be split into two segments, the
first Begment being 10:00 a.m. on Christmas Bve until JO,OO
a.m. on ChriBtmas Day and the second segment being 10:00 ....
on Christmas Day until 10:00 a.m. on December 26. 2'he Hother
shall have the first .egment in 1997 .and the parties shalJ
alternate thereatter.
. 6. The Hother shall always have custody on Hother'B Day and the
F.ther shall always have custody on rather's Day. f'hi.
provision shall supersede any other provision of this Order.
I
!
EXHIBIT "A"
'/
I.
I 7.
(
The non-clu,todilll parent shall have a period olat least lour
hourll wi th the chlld on the ahlld' II birthday. 'or 1997, the
ahlld shall be in the cUlltody ,,1 the Father and the Nother
IIhall have the chlld lor lour hours startlng .It 2/00 p.m.
,. Both parHes shall keep the other parent advilled with respect
to their addrells and phone number, .nd the aus~odial parent
ahall always enjoy liberal telephone aaaells to the ",inor
ahlld.
I
9. No parent shall consume illegal drug. or abuse alcohol while
they have austody 01 the minor ahlld.
10. 'l'he non-custodial parent ahall pick the ahlld up lor purposell
01 transportation, with the understanding that Father shall
piak the child up on Friday evening on a weekend and the
Nother shall pick the ahild up on SundaY'fVen.ing. The "..e
applying to holidays.
JJ. 'l'hi. Order 1. enhred pur.uant to an lIgreelftent reached by the
pllrtiell lit II Cuatody Conclllation Conlerence. In the event
either party desires to modify this agree",ent, that party /lay
petiHon the Collrt to have the aa.e scheduled with the Cuatody
Conailiator.
BY 'l'HE COUR2',
cf;:'~~:H~J~." J.
00' Joan It. Carey, Itaquire
Riohard Horrls, .squire
TRUE COpy FROM RECORD .
In TestImony whtrtof, , h r~ Uil'O sat my hind
end Ih. stll 01 said Court et (1I'IIsl., PI.
A
This ..,,3,/......... clay of......~.u",..,' 1;,U.
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rbfk1. Prothonotery
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~MAY 2 0 1998
KANDI M. S'l'ONE,
Plaintiff
v
I IN THB COURT OF COMMON PLEAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
r
INO: 97-5658
I IN CUSTODY
ROBERT M. CLADWELL,
Defendant
COURT ORDER
AND NOW, this ;JJ,..) day of May, 1998, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed as
follows I
1. A hearing is scheduled in c~rt Room No. ,GOf t
County Courthouse on the day of ,
1998, at to: H ~.m. at whic t me testimony w be ta en n
the above case. At this hearing the Father, Robert M.
Caldwell, shall be the moving party and shall proceed
initially with testimony. Counsel for the parties shall file
with the Court and opposing counsel a memorandum setting forth
the history of custody in this case, the issues currently
before the Court, a list of witnesses who will be called to
testify on behalf of each party and a summary of the
anticipated testimony of each witness. This memorandum shall
be filed at least ten days prior to the mentioned hearing
date.
2.
Pending the hearing set forth above, this Court's prior Order
of December 31, 1997, shall remain in effect. Mother shall
have the opportunity to suggest to Father through legal
counsel a modification of Father's alternating weekend custody
arrangement as set forth in the existing Order. If the
parties are unable to reach an agreement as to how Father
shall enjoy temporary custody pending the hearing, counsel for
the parties are directed to contact the Conciliator who shall
then submit a proposed interim Order to the Court.
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001 Thomas J. Williams, Esquire
Joan E. Carey, Esquire
COf.....4 ("nWl..t<,L 6>/3/96'
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KANDI H. STONE,
Plaintiff
V
:IN THE COURT OF COMMON PLEAS OF
:CUHBERLAND COUNTY, PENNSYLVANIA
I
lCIVIL ACTION - LAW
ROBERT H. CLAD WELL ,
Defendant
.
.
:NO: 97-5658
:IN CUSTODY
Prior Judge: George E. Hoffer
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE 01." PROCEDURE
1915.3-8(bj, the undersigned Custody Conciliator submits the
fOllowing report:
1. The pertinent information pertaining to the child who is the
subject of this litigation is as follows:
Austin Stone-Caldwell, born December 21, 1994.
2. A Conciliation Conf6rence was held on Hay 14, 1998, with the
following individuals in attendance:
The Father, Robert M. Caldwell, with his counsel, Thomas J.
Williams, Esquire; and Attorney Joan E. Carey who appeared for
the Mother, Kandi M. Stone.
3. Despite the fact that there was an Order issued in this case
in December of 1997, granting the Father periods of temporary
physical custody of the minor child on alternating weekends,
tha Mother relocated to Tennessee in February of this year
without any prior notification to the Father. This was
partiCUlarly troublesome to the Father in light of the fact
that a Custody Order was entered as recently as December of
1997.
4. Father demands that the child be returned to Pennsylvania and,
in the event the Mother is desirous of remaining in Tenn.....,
Father desires primary physical custody. Mother desir.. to
remain in Tennessee and she suggests that the child should
remain in her primary custody.
5. The parties are unable to reach an agreement and a hearing J.."
necessary. A hearing should take approximately one day. '.
..'
6. The Conciliator recommends an Order in the form as attaohed.
~((f( crY
DATE
X. lroy, Esqu r.
onciliator
MAY 0 II lfXJl/J
KANDI M. STONE,
Plaintiff
v
IN THE COURT OF COMMON I'I.EAS OF
CUMBERI.AND COI JNTY. I'ENNS YL VANIA
CIVIL ACTION. I.A W
NO. 97-5658 CIVIl.
IN CUSTODY
ROBERT M. CALDWELL,
Defendant
roURTORl)tB
"
AND NOW, this Y day of May, 2000. lh~ Concilhllor bc:il1~ udvhwd thutthe parties have
reached an agreement, the Conciliator relinquish~s Jurisdicllon,
BY TilE COURT,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-.)05S CIVIL TERM
CUSTODY
Kandi M. stone,
plaintiff
Robert M. Caldwell,
Defendant
ORDER OF COURT
AND NOW, this \ ~) . day of C( \( A)(' ( , 1997, upon
consideration of the attached complaint, it is hereby directed that
the parties and their respective counsel appear before illi.J.:( \ y.., Cl \(0"/1
(.:,',ll"j" c.. , the conciliator, at \\(''\".\ \ ("..\",,..\\,,.~1,, ('n\h.,I'J\\\/1I 1',\ rl\,,',,\C on'
the' --:- day of \')~~ (~In')\' r , 1997, at ',:;', ',l" i:,. 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. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent
order.
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,
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILI~IES ACT OF 1990
The Court of Common Pleas of Cumberland county is required by law
to comply with the Americans with Disabilities 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 th~ court. You must
attend the scheduled conference or hearing.
Ie, I \ (0\ Q"'l
Date
For the court,
-1:A, \. D: ..-e.h \::).:J\ .l.Q)\iC!1j %
custody Conciliator \~.) "
QQME~AINT FOR CUSTODY
1, 'rhe plaintlff is Kandi stone, residing at 279 Meadows
Road, Newville, Cumberland county, Pennsylvania 17241.
2. The defendant is Robert caldwell, residing at 300 A
South Second street, Chambersburg, Franklin county, Pennsylvania
17201-
3. The plaintiff seeks custody of the following child:
Austin stone-Caldwell
300A South Second st.
Chambersburg, PA
~
DOB 12/21/94
2 years old
IfAU
pre.ent Re.idenee
The child was born out of wedlock,
The child i6 presently in the custody of the defendant,
Robert caldwell, who resides at 300 A South Second street,
Chambersburg, Pennsylvania.
During the child'S lifetime, he has resided with the
following persons and at the following addresses:
~ Address UWl
Plaintiff, Eugene 324 West catharine st 12/94 to
Huyett (plaintiff's Chambersburg, PA 10/95
boyfriend)
Plaintiff and 2 East Main Street Apt 2 10/95 to
Eugene Huyett Newville, PA 3/97
plaintiff and 279 Meadows Road 3/97 to
Eugene Huyett Newville, PA 5/31/97
plaintiff 279 Meadows Road 5/31/97 to
Newvi lle, PA 10/4/97
Defendant, AUdra
Caldwell (defendant's
Wife), and Sierra
CaldwQll (defendant's
daughter)
The plaintiff, the mother of the child, currently resides at
300A south Seoond st
Chambersburg, PA
10/4/97
to present
279 Meadows Road, Newvillo, pennsylvania.
She is single.
The plaintiff currently resides alone.
The defendant, the father of the child, currently resides at
300A south Second street, Chambersburg, Pennsylvania.
He is married.
The defendant currently resides with the following persons:
~
Audra Caldwell
sierra Caldwell
Relationshio
spouse
daughter
4. The 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.
5. Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
6. The 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 relief requested for reasons
including the following:
a. The plaintiff, the child's primary caretaker
since his birth, is a responsible parent who can
best take care of the minor child and who can
continue to provide for the emotional and physical
needs of the child.
b. On october 4, 1997, the defendant refused to
return the child to the mother after his weekend visit,
in violation of the parties' written agreement, and
since then has refused all the mother's requests for
contact with the child.
c. On October 7, 1997, the defendant threatened that
the plaintiff'S family would never see the child again.
d. On October 8, 1997, the defendant threatened the
plaintiff saying that it would be a "cold day in hell"
before she saw her child again and that she would not
be able to find the child.
e. The mother has concerns for the child'S well being
in the father's primary care because the father has a
violent temper and has recently been released from 3
months in the Franklin county prison for assualting his
, I
wife in violation of a PFA. On October 8th when the
mother called to talk to the child, the child screamed
and cried for one hour causing her to fear fro his well
being.
f. The mother is the parent who can best facilitate
contact of the child with the other parent.
8. Each parent whose parental rights to the child have not
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J DEe 111991
KANDI M. S~'ONE,
Plaintiff
v
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
:
:NO: 97-5658 CIVIL TERM
: IN CUSTODY
ROBERT M. CALDWELL,
Defendant
r COURT ORDER
AND NOW, this~' day of December, 1997, upon consideration of
the attached ~dY Conciliation Report, it is ordered and
directed as follows:
1. This Court's prJ.or Order of October 14, 1997, is vacated.
2. The Father, Robert M. Caldwell, and the Mother, Kandi M.
Stone, shall enjoy shared legal custody of Austin Stone-
Caldwell, born December 21, 1994.
3. The Mother shall enjoy primary physical custody of the minor
child.
4. The Father shall enjoy temporary physical custody of the minor
child as follows:
A. On alternating weekends from Friday at 6:00 p.m. until
Sunday at 6:00 p.m.
B. For the summer of 1998, for a period of at least one
consecutive week with the understanding that Father shall
be afforded additional time in the summer months as long
as the one week vacation goes well.
C. On alternating holidays, arranged such that the Father
shall enjoy Easter, July 4, and Thanksgiving on even
years and New Years, Memorial Day and Labor Dayan odd
years. The Mother shall enjoy those holidays on the
alternating schedule. The time for the holidays shall be
from 9:00 a.m. until 7:00 p.m.
5. The Christmas holiday shall be split into two segments, the
first segment being 10:00 a.m. on Christmas Eve until 10:00
a.m. on Christmas Day and the second segment being 10:00 a.m.
on Christmas Day until 10:00 a.m. on December 26. The Mother
shall have the first segment in 1997 and the parties shall
alternate thereafter.
6. The Mother shall always have custody on Mother's Day and the
Father shall alwo/lYs have custody on Father's Day. This
provision shall supersede any other provision of this Order.
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KANDI M, STONE,
Phdntill'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-5658
ROBERT M, CALDWELL,
Dcfcndant
IN CUSTODY
PETITION
AND NOW, comes Dcfcndant Robert M. Caldwell, by and through his allomeys,
MARTSON, DEARDORFF, WILLIAMS & ono, and avers as follows:
I. A Custody Order was cntercd on Deccmbcr 31, 1997 which provided. inter alia.
altcrnatc wcekcnd visitations with Dcfendant. Iibcraltclcphone access and notice of any change in
address and phone numbcr, A copy of the Ordcr is attachcd hercto and markcd as Exhibit A.
2. Whcn Father wcntto pick up thc child on his normally schedulcd weekend, Friday,
Fcbruary 13, 1998 at Plaintiffs residence, he discovered that Plaintiff and child had vacated the
residence.
3. No notice of a change of address was provided to Father.
4. Upon inquiry, Fathcr discovcred that thc reason for the sudden disappearance of
Plaintiff was due to thc faetthat WUlTants tor her arrest had bcen issued by District Justice Larry K.
Meminger on at Icast four counts of bad checks, totaling thousands of dollars, On infonnation
received from District Justicc Meminger, Defendant believcs and therefore avers that Plaintiff is a
fugitive from said warrants,
5, Upon investigation, Defendant learned from one of Plaintiffs creditors that she had
been discovered living at 199 Nonnan Jones Road, Lot 22, Elizabethton, TN 37643.
6. Defendant has been denicd visitation with his child, the subjcct of this proceeding.
Austin Stone-Caldwell, born Deccmber 21, 1994,
7. Plaintiff is in contcmpt of the Court's Custody Order tor the rcasons set forth above.
8, Attorncy Richard Morris had represcntcd Dcfendant atthc conciliation conference.
but has ncver cntercd his appcarancc in the case, and has advised thc undcrsigncd counsel that he
docs not rcpresent Defendant.
Exhibit It
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(JJDEC 111997
ROBERT H. CALDWBLL,
Defendant
I IN THE COURT OF COMMON PLEAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
:
INOI 97-5658 CIVIL TBRM
IIN CUSTODY
KANDI H. STONE,
plaintiff
V
I
COURT ORDER
AND NOW, this ~ day of December, 1997, upon
the attached Custody ConciUation Report, it
directed as followsl
1. This Court's prior Order of October 14, 1997, is vacated.
4H~-B~ b
consideration of
is ordered and
. -
2. The Father, Robert H. Caldwell, and the Hother, Kandi H.
stone, shall enjoy shared leglll custody of Austin Stone-
Caldwell, born December 21, 1994.
3. The Hother shllll enjoy primary physiclIl custody of the minor
chlld.
4. The Father shllll enjoy temporary physical custody of the minor
. child liS followsl
A. On alternating weekends from Friday at 6100 p.m. until
Sunday at 6:00 p.m.
B. For the summer of 1998, for a period of at least one
consecutive week with the understanding that Father shall
be afforded additional time in the summer months as long
as the one week vacation goes well.
C. On alternating holidays, IIrranged such that the Father
shall enjoy Baster, July 4, and Thanksgiving on even
years and New rears, Hemorial Day and Labor Dayan odd
years. The Hother shall enjoy those holidays on the
alternating schedule. 2'he time for the holidays shall be
from 9:00 a.m. until 7:00 p.m.
S. The Christmas holiday shllll be split into two segments, the
first segment being 10:00 a.m. on Christmas Bve until 10:00
a.m. on Christmas Day and the second segment being 10:00 a.m.
on Christmas Day until 10:00 a.m. on December 26. The Hother
shall have the first segment in 1997 and the parties shall
alternate thereafter.
6. The Hother shall always have custody on Hother's Day IInd the
Father shall always have custody on Father's Day. This
provision shall supersede any other provision of this Order.
EXHIBIT "A"
Kandi M. stone,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Robert M. Caldwell,
Defendant
NO. 97-
CUSTODY
CIVIL TERM
PETITION FOR SPECIAL RELIEF
The Petitioner by and through her attorney, Joan Carey,
Legal services, Inc" represents the following:
1. The plaintiff, Kandi stone, hereinafter referred to as
the mother, resides at 279 Meadows Road, Newville, Pennsylvania
17241.
2. The defendant, Robert Caldwell, hereinafter referred to
as the father, resides at 300 A South Second street,
chambersburg, Franklin county, Pennsylvania 17201.
3. The parties are the parents of Austin Stone-Caldwell.
4. On October 14, 1997, a Complaint for custody was filed
in the above-captioned matter by Kandi stone and a conciliation
conference will be scheduled.
5. The mother has been the primary caretaker of the child
since his birth. It is in the best interests of the child that
custody be returned to the mother for reasons including the
fOllowing:
a. The plaintiff, the child's primary caretaker since his
birth, is a responsible parent who can best take care of the
minor child and who can continue to provide for the
emotional and physical needs of the child.
b. On October 4, 1997, the defendant refused to return the
child to the mother after his weekend visit, in violation of
the parties' written agreement, and since then has refused
all the mother's requests for contact with the child.
c. On october 7, 1997, the defendant threatened that
the plaintiff's family would never see the child again.
d. On October 8, 1997, the defendant threatened the
plaintiff saying that it would be a "cold day in hell"
before she saw her child again and that she would not be
able to find the child.
e. The mother has concerns for the child's well being
in the father's primary care because the father has a
violent temper and has recently been released from .3
months in the Franklin County prison for assualting his
wife in violation of a PFA. On October 8th when the
mother called to talk to the child, the child screamed
and cried for one hour causing her to fear fro his well
being.
f. The mother is the parent who can best facilitate
contact of the child with the other parent,
WHEREFORE, the plaintiff requests that this court enter
a Temporary Order granting her primary custody subject to parital
custody in the defendant and ordering the defendant not to