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HomeMy WebLinkAbout03-6110KIMBERLY A. STRAYER, RONALD M. SUDERS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 Go IN CUSTODY COMPLAINT IN CUSTODY AND NOW, this \-\ day of November, 2003, comes PlaintiffKimberly Ann Strayer, by and through her attorney, Andrew C. Spears, Esquire, of the law firm of Metzgcr, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a statement: 1. Plaintiff Kimberly A. Strayer is an adult individual currently residing at 219 S.M.E., Shippensburg, PA, Cumberland County, Pennsylvania, 17257. 2. Defendant Ronald M. Suders is an adult individual currently residing at 1264 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff seeks primary physical custody and shared legal custody of the following minor children: Name Amanda Ann Suders Present Address 219 S.M.E. Shippensburg, PA 17257 1264 Baltimore Road Shippensburg, PA 17257 Date of Birth 10/18/1989 292771-1 Hollie Made Suders children. 219 S.M.E. Shippensburg, PA 17257 06/14/1991 1264 Baltimore Road Shippensburg, PA 17257 Plaintiff and Defendant are the natural parents of the above mentioned minor The minor children were bom in wedlock. The minor children are presently in the custody of Plaintiff 50% of the time and in the custody of Defendant 50% of the time. For the past five years, the minor children have resided with Plaintiff and Defendant on a week-on, week-off basis at the following addresses: Children's Names Amanda Ann Suders Hollie M. Suders Amanda Ann Suders Hollie M. Suders Address Kimberly A. Strayer 219 S.M.E. Shippensburg, PA 17257 Ronald M. Suders and 1264 Baltimore Road Shippensburg, PA 17257 Date From 1998 to present From 1998 to present The mother of the minor children is Plaintiff, Kimberly A. Strayer, who currently resides at 219 S.M.E., Shippensburg, Cumberland County, Pennsylvania, 17257. The father of the minor children is Defendant, Ronald M. Suders, who currently resides at 1264 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 4. The relationship of Defendant to the minor children is that of natural father. The Defendant is believed to reside with the following persons: Nanle Amanda A. Suders Hollie M. Suders Jaimie Koser Cierra Strayer Skye Strayer Relationship Daughter Daughter Girlfriend Girlfriend's Daughter Girlfriend's Daughter 5. The relationship of Plaintiffto the minor children is that of natural mother. The Plaintiff currently resides with the following persons: SalTle Amanda A. Suders Hollie M. Suders Relationship Daughter Daughter 6. There is a prior Custody Order entered in Franklin County on or about January 10, 1995. Said Order gave each parent 50% custody of the Minor Children on an alternating weekly basis. However, since the time of that Order, there has been a substantial change in circumstances in that both parties and the children have relocated to Cumberland County for approximately eight years. Therefore, it is clear that Cumberland County is the home county of the minor children and in the best position to decide what is in the minor children's best interests. Plaintiff has no information of a custody proceeding concerning the Minor Children pending in a court of law of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Minor Children or claims to have custody or visitation with respect to the Minor Children. 292771-1 7. The best interests and permanent welfare of the Minor Children will be served by granting the relief requested because: (a) Plaintiff Kimberly A. Strayer is in a better position, both financially and emotionally, to provide stability and custody for the Minor Children; (b) Plaintiff Kimberly A. Strayer is in a position to provide a stable, responsible environment for the raising of the Minor Children; (c) The best interests of the Minor Children will best be served by maintaining a relationship with their mother; and the Minor Children have expressed a desire to Plaintiff that they would (d) like to live with her. 8. Each parent whose parental rights to the minor children have not been terminated and the person(s) who has physical custody of the minor children have been named as parties to this action. WHEREFORE, PlaintiffKimberly A. Strayer requests the Court to grant her primary physical custody and shared legal custody of the minor children. METZGER, WlCKERSHAM, KNAUSS & ERB, P.C. Dated: By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 292771-1 VERIFICATION I, Kimberly A. Strayer, verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: C'/K~mberly A. S0CS"yer 292771-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm ofMetzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the Complaint for Custody with reference to the foregoing action by first class mail, prepaid, this ~_Say of ~x~,qq~L~.~ ,2003, on the following: Ronald M. Suders 1264 Baltimore Road Shippensburg, PA 17257 Andrew C. Spears, Esquire 292771-1 KIMBERLY A. STRAYER PLAINTIFF V. RONALD M. SUDERS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'I*Y, PENNSYLVANIA : 03-6110 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 26, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 23, 2003 at 8:30 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 hearinl~. FOR THE COURT, By: /s/ Dawn S. Sunday, 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 beibre 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 TltE 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) 249-3166 KIMBERLY A. STRAYER, Plaintiff VS. RONALD M. SUDERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6110 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 21'~' day of ~ , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kimberly A. Strayer, and the Father, Ronald M. Suders shall have shared legal custody of Amanda Ann Suders, bom October 18, 1989, and Hollie Marie Suders, bom June 14, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 pm through Sunday at 6:00 pm. 4. The parties shall share or altemate having custody of the Children on holidays as follows: A. CHRISTMAS / NEW YEARS: In 2003, the Mother shall have custody of the Children for Christmas Eve through Christmas Day at 2:00 pm and the Father shall have custody from Christmas Day at 2:00 pm through December 28 at 6:00 pm. The Mother shall have custody from December 28 at 6:00pm through New Years Eve at 6:00 pm and the Father shall have custody from New Years Eve at 6:00 pm through New Years Day at 2:00 pm. The parties shall make arrangements for the Christmas and New Years holidays in future years by agreement. B. THANKSGIVING: In every year, the Mother shall have custody o~'the Children on Thanksgiving Day until 2:00 pm. In years when the Father has custody &the Children under the regular schedule on the weekend following Thanksgiving, the Father shall have custody from Thanksgiving Day at 2:00 pm through Sunday at 6:00 pm. During years when the Mother has custody of the Children under the regular Schedule on the ~ f :If ~V I ~: 330 EOOZ ~,SVlONOH. lO~]d ~HI ~0 weekend following Thanksgiving, the Father shall have custody of the Children from Thanksgiving Day at 2:00 pm through Friday at 6:00 pm. C. EASTER: The party who otherwise has custody of the Children under the regular schedule on Easter weekend shall have custody of the Children for the holiday. D. MEMORIAL DAY / LABOR DAY: The party xvho has custody of the Children under the regular alternating weekend schedule shall have custody of the Children through the holiday at 6:00 pm. E. MOTHER'S DAY / FATHER'S DAY: In every year, the Father shall have custody of the Children for Father's Day and the Mother shall have custody of the Children for Mother's Day from Saturday at 6:00 pm through Sunday at 6:00 pm. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. In every year, the Father shall have uninterrupted periods of custody with the Children from July 2~d through July 9th and during the first full week in August. 6. At such time as the Mother relocates with the Children to Millerstown, all exchanges of custody shall take place in front of the Wal-Mart store, Silver Spring Commons, on Route 114 in Mechanicsburg. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. 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. BY THE COURT, cc: o~/&ew C. Spears, Esquire - Counsel for Mother ~ichael A. Scherer, Esquire - Counsel for Father KIMBERLY A. STRAYER, Plaintiff VS. RONALD M. SUDERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6110 CiVIL ACTION LAW IN CUSTODY 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 Children who are the subjects of this litigation is as follows: NAME Amanda Ann Suders Hollie Marie Suders DATE OF BIRTH October 18, 1989 June 14, 1991 CURRENTLY IN CUSTODY OF Mother / Father Mother / Father 2. A Conciliation Conference was held on December 23, 2003, with the following individuals in attendance: The Mother, Kimberly A. Strayer, with her counsel, Atldrew C. Spears, Esquire, and the Father, Ronald M. Suders, with his counsel, Michael A. Scherer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator