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HomeMy WebLinkAbout08-0040V? SCOTT SAURS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08- 'fa Civi 1 Term V. CIVIL ACTION - LAW TRICIA SAURS, : IN CUSTODY Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 717-249-3166 AMERICANS WITH DISABILITIES 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 the Court Administrator's Office at (717) 240- 6200. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. DISTRIBUTION LIST: FOR PLAINTIFF: Jay R. Braderman, Esquire Attorney ID. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: jbraderman(a?thewiselawyer.com FOR DEFENDANT: Tricia Saurs 39 Wetherburn Road Enola, PA 17025 Jay R. Braderman, Esquire Attorney ID. No. 07047 126 Locust Street P. 0. Box 11489 Harrisburg, PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: ibraderman(cD_thewiselawyer.com Attorney for Plaintiff SCOTT SAURS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 0 P- 96 V. CIVIL ACTION - LAW TRICIA SAURS, : IN CUSTODY Defendant COMPLAINT FOR CUSTODY AND NOW, comes the above-named Plaintiff, Scott Saurs, by and through his attorney, Jay R. Braderman, Esquire and represents as follows: 1. The Plaintiff is Scott Saurs, an adult individual residing at 201 Georgetown Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Tricia Saurs, an adult individual residing at 39 Wetherburn Road, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks custody of the following children: Names: Brodey Saurs and Kolby Saurs. Residence: 39 Wetherburn Road, Enola, Cumberland County, Pennsylvania 17025. Ages: Brodey Saurs is ten years of age, having been born on October 28, 1997; Kolby Saurs is eight years of age, having been born on October 7, 1999. The children are presently in the custody of their Mother, Tricia Saurs, who resides at 39 Wetherburn Road, Enola, Cumberland County, Pennsylvania, 17025. During the last five years, the children have resided with the following persons and at the following addresses: Scott and Tricia Saurs at 39 Wetherburn Road, Enola, Cumberland County, Pennsylvania 17025, from June 2001 to September 29, 2006. Tricia Saurs, at 39 Wetherburn Road, Enola, Cumberland County, Pennsylvania, 17025, from September 2006 to present. The Mother of the children is Tricia Saurs, currently residing at 39 Wetherburn Road, Enola, Cumberland County, Pennsylvania 17025. She is divorced from Scott Saurs. The Father of the children is Scott Saurs, currently residing at 201 Georgetown Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is divorced from Tricia Saurs. 4. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: a. Brodey Saurs b. Kolby Saurs 5. The relationship of Plaintiff to the children is that of Father. Plaintiff currently resides with the following persons: 2 a. Dana Myers, his fiancee b. Brodey Saurs and Kolby Saurs during his periods of partial custody of them. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or in any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been an involved and nurturing parent to the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 3 WHEREFORE, Plaintiff requests the Court to grant him shared physical custody and shared legal custody of the children. submitted, Date: ?v derman, Esquire orRaD. No. 07047 2 st Street P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: jbraderman(cD-thewiselawyer.com Attorney for Plaintiff 4 VERIFICATION I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unswom falsification to authorities. DATE: z S o 7 -- SCOTT SAURS CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached Order and Complaint for Custody on the following individual by Certified and First Class U.S. Mail, Restricted Delivery, addressed as follows: Tricia Saurs 39 Wetherburn Road Enola, PA 17025 bmitted, l Date: =ee'PYer an, Esq. v I D. o. 07047 '1,26 Locust Street P. O. Box 11489 Harrisburg. PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: ibradermanCa?thewiselawyer.com Attorney for Plaintiff o CD r Jay R. Braderman, Esquire Attorney ID. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: ibraderman@thewiselawyer.com Attorney for Plaintiff SCOTT SAURS, Plaintiff V. TRICIA SAURS, Defendant (') C- ca p - C?o n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW : IN CUSTODY AGREEMENT FOR ENTRY OF A CUSTODY ORDER AND NOW come the above-named parties, by Jay R. Braderman, Esquire, attorney for Plaintiff Scott Saurs, and represent the following: WHEREAS, Scott Saurs (hereinafter sometimes referred to as Father) and Tricia Saurs (hereinafter sometimes referred to as Mother), were formerly Husband and Wife; and, WHEREAS, the parties were divorced in March 2007, pursuant to a divorce decree issued by Court of Common Pleas of Potter County, Pennsylvania; and, WHEREAS, two children were born of this marriage: Brodey Saurs, born October 28, 1997, now ten years of age and Kolby Saurs, born October 7, 1999, now eight years of age; and, WHEREAS, the parties have agreed as to the custodial arrangement for their children and what would be in their best interests; and, WHEREAS, the parties desire that their Agreement be entered as an Order of Court, NOW THEREFORE, the Parties hereto request the within Agreement be entered as an Order of Court, incorporating the following Agreement: 1. Physical custody of the minor children, Brodey Saurs and Kolby Saurs, shall be shared between Mother and Father. 2. Legal custody of the minor children, as that term is statutorily defined and as further defined hereinafter, shall be shared between Mother and Father. The parties agree that major decisions concerning the children, including but not limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other party of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to full and complete information from any doctor, dentist, teacher, professional or authority, and to have copies of any reports given to either party as a parent, pursuant to 23 Pa.C.S. 0309. 3. Mother and Father shall share physical custody of the children in accordance with the following schedule: a. Week on, week off; a week shall be from 4:00 PM Monday to 4:00 PM Monday. b. The parties will alternate the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. The custodial period shall run from 9:00 AM to 8:00 PM. This schedule will begin with Father having the children for Thanksgiving in 2007. C. Christmas will be divided into two segments. Segment "A" shall be from 3:00 PM Christmas Eve day (December 24th) until 3:00 PM Christmas Day (December 25th). Segment "B" shall be from 3:00 PM on Christmas Day until 3:00 PM the day after Christmas (December 26th). Mother shall have Segment "A" and Father shall have Segment "B" for 2007, with the Segments alternating thereafter with Mother having Segment "B" and Father having Segment "A" in 2008 and so on. 4. Father shall have custody on Father's Day and Mother shall have custody on Mother's Day. 5. The holiday schedule shall take precedence over the regular custody schedule. 6. Father will provide all transportation not provided by school bus. 7. During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. 9. Each party shall be entitled to reasonable telephone or e-mail contact with the children when they are in the custody of the other party. The parties shall provide to one another an emergency contact number, e-mail address or contact person. 10. Should either party have the children spend overnight at a place other than their primary residence, the other party will be given the address and telephone number of the place where the children are spending the night. 11. Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Agreement (and Order), or if the relocation will be to a location in excess of twenty-five (25) miles from the other party's then-current address without (a) such party's first giving prior written notice to the other party not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, either party may seek modification of the terms of the Custody Order by filing a Petition to Modify Custody. 12. The parties shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children or otherwise harass or interfere with the parties' periods of custody. 13. It is understood and stipulated by the parties that upon mutual agreement an altered schedule may be agreed upon between parties and that such mutual agreement would be in the best interests of the children. 14. The parties shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. It is also suggested that clothing, toys, etc. not become matters of contention. 15. The parties shall agree to refrain from encouraging the children to provide reports about the other party. Communication should always take place between the parties without using the children as intermediaries. 16. The parties shall permit and support the children's access to family relationships and events (funerals, reunions, graduations, etc.). Events will be accommodated by both parties with routine periods of custody resuming immediately thereafter. Each party shall have the option of proposing time or date variations to the other party when special recreational options or other opportunities arise. 17. The parties hereto respectfully request the Court enter an Order in accordance with this Stipulation and the parties request that an Order be entered without the necessity for a hearing or custody conference. g Scott Saurs a Date: ?- n, Esquire Scott Saurs JAN 0 4 2008 0 Jay R. Braderman, Esquire Attorney ID. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: ibraderman(cDthewiselawver.com Attorney for Plaintiff SCOTT SAURS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08 - `10 Civi t ?c?t'wt V. CIVIL ACTION - LAW TRICIA SAURS, : IN CUSTODY Defendant ORDER AND NOW THIS day of fan , 2008, the parties having reached an Agreement with regard to the best interests and welfare of their minor children, it is hereby ORDERED AND DECREED as follows: 1. Physical custody of the minor children, Brodey Saurs and Kolby Saurs, shall be shared between Mother and Father. 2. Legal custody of the minor children, as that term is statutorily defined and as further defined hereinafter, shall be shared between Mother and Father. The parties agree that major decisions concerning the children, including but not limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. L I : { 1 WV 6- Vr 80OZ Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other party of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to full and complete information from any doctor, dentist, teacher, professional or authority, and to have copies of any reports given to either party as a parent, pursuant to 23 Pa.C.S. §5309. 3. Mother and Father shall share physical custody of the children in accordance with the following schedule: a. Week on, week off; a week shall be from 4:00 PM Monday to 4:00 PM Monday b. The parties will alternate the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. The custodial period shall run from 9:00 AM to 8:00 PM. This schedule will begin with Father having the children for Thanksgiving in 2007. C. Christmas will be divided into two segments. Segment "A" shall be from 3:00 PM Christmas Eve day (December 24th) until 3:00 PM Christmas Day (December 25th). Segment "B" shall be from 3:00 PM on Christmas Day until 3:00 PM the day after Christmas (December 26t"). Mother shall have Segment "A" and Father shall have Segment "B" for 2007, with the Segments alternating thereafter with Mother having Segment "B" and Father having Segment "A" in 2008 and so on. 4. Father shall have custody on Father's Day and Mother shall' have custody on Mother's Day. 5. The holiday schedule shall take precedence over the regular custody schedule. 6. Father will provide all transportation not provided by school bus. 7. During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members an/or houseguests comply with this prohibition. 8. Neither party will smoke cigarettes or tobacco products not allow others to smoke in the presence of the children. 9. Each party shall be entitled to reasonable telephone or e-mail contact with the children when they are in the custody of the other party. The parties shall provide to one another an emergency contact number, e-mail address or contact person. 10. Should either party have the children spend overnight at a place other than their primary residence, the other party will be given the address and telephone number of the place where the children are spending the night. 11. Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Agreement (and Order), or if the relocation will be to a location in excess of twenty-five (25) miles from the other party's then-current address without (a) such party's first giving prior written notice to the other party not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, either party may seek modification of the terms of the Custody Order by filing a Petition to Modify Custody. 12. The parties shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children or otherwise harass or interfere with the parties' periods of custody. 13. It is understood and stipulated by the parties that upon mutual agreement an altered schedule may be agreed upon between parties and that such mutual agreement would be in the best interests of the children. 14. The parties shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. It is also suggested that clothing, toys, etc. not become matters of contention. 15. The parties shall agree to refrain from encouraging the children to provide reports about the other party. Communication should always take place between the parties without using the children as intermediaries. 16. The parties shall permit and support the children's access to family relationships and events (funerals, reunions, graduations, etc.). Events will be accommodated by both parties with routine periods of custody resuming immediately thereafter. Each party shall have the option of proposing time or date variations to the other party when special recreational options or other opportunities arise. BY THE COURT: DISTRIBUTION LIST FOR PLAINTIFF: Jay R. Braderman, Esquire Attorney ID. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 Tel: 717-232-6600 Fax: 717-238-3816 E-mail: jbradermanCathewiselawyer.com FOR DEFENDANT: Tricia Saurs 39 Wetherburn Road Enola, PA 17025 Gopf'ks rn&ELqA' ,?4?08