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HomeMy WebLinkAbout01-0124RITA L. KOHLER, Plaintiff V. CHARLES D. SOUDERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001- /¥7~ CIVIL TERM : : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the plaintiff, Rita L. Kohler, by and through her attorney, Jacqueline M. Vemey, Esquire and represents the following: 1. The Plaintiff is Rita L. Kohler, residing at 115 Cottage Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The Defendant is Charles D, Souders, residing at 6 West Main Street, P.O. Box 434. Newburg, Cumberland County, Pennsylvania, 17240. 3. Plaintiff seeks custody of the following child: NAME PRESENT ADDRESS AGE Dakota D. Souders 6 West Main Street DOB 10/9/99 Newburg, PA 17240 The child was bom out of wedlock. The child is presently in the custody of the defendant, Charles D. Souders, who resides at 6 West Main Street, Newburg, Pennsylvania. Since the child was bom, he has resided with the following persons and at the following addresses: LIST ALL PERSONS ADDRESSES DATES Rita Kohler, Charles Souders Rita Kohler, Jane Kohler Lisa Cordle, Steve Cordle Valicity Cordle, Charles Souders 415 Meadow Dr. Shippensburg, PA 71 Parker Rd. Newville, PA 6 West Main St Newburg, PA 10/1999-6/2000 6/2000-10/2000 10/2000-present The mother of the child is Rita L. Kohler currently residing at 115 Cottage Road, Shippensburg, Cumberland County, PA 17257. She is single. The father of the child is Charles D. Souders, currently residing at 6 West Main St. Newburg, Cumberland County, PA 17240. He is single. 4. The relationship of Plaintiffto the child, is mother. Plaintiff currently resides with the following persons: NAME Jane Kohler 5. Lisa Cordle Steve Cordle Valicity Cordle Dakota D. Souders RELATIONSHIP grandmother The relationship of Defendant to the child is father. The Defendant currently resides with the following persons: NAME RELATIONSHIP mother stepfather half sister son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the minor 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 relief requested because: a. Mother has been the primary caregiver since the child's birth. b. Father and his parents have refused to permit mother to have custody of the child. c. Father is has been incarcerated previously and has tested positive for marijuana while on probation and parole. d. Mother can provide a loving, nurturing environment for the child. e. Father has abused Mother in the presence of the child. f. Father is unable to adequately care for the child and will turn over responsibility of caring for the child to his mother. g. Mother is willing to permit Father to have reasonable partial custody of the child. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NONE. WHEREFORE, Plaintiffrequests this court to grant shared legal custody of the child to the parties and primary physical custody of the child to mother, with father having periods of partial physical custody. Respectfully submitted, r>ate: /-- ? - 0 ! ~cqu~/l/'ne M. V~mey, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Supreme Ct. ID 23167 Attorney for Plaintiff VERIFICATION I verify that the statements made in the within Custody Complaint 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.A. § 4904 relating to unsworn falsification to authorities. Dated: ['~0oc-O/ Rita L. Kohler PdTA L. KOHLER PLAINTIFF V. CHARLES D. SOUDERS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-124 CIVIL ACTION LAW 1NCUSTODY ORDER OF COURT AND NOW, this 12th day of January ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 22nd day of February , 2001, at 11:00 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. 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. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq~ Custody C onciliato~7~'q 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 RITA L. KOHLER, Plaintiff V. CHARLES D. SOUDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- /~ ~ CIVIL IN CUSTODY ORDER OF COURT ANDNOW, this~ dayof ~q~t'2001'up°n consideration of the Emergency Petition, a hearing is scheduled for the ~ of ~ ,~g~ta.~//_,t/ ,2001 at,~~,10~ o'clocpm, in Courtroom No.,~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. RITA L. KOHLER , Plaintiff/Petitioner CHARLES D. SOUDERS, : NO. 2001 -/~ ~ Defendant/Respondent : : 1N CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : CIVIL TERM EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 AND NOW, comes Petitioner, Rita L. Kohler, by and through her attorney, Jacqueline M. Verney, Esquire and represents the following: 1. Petitioner is Rita L. Kohler, who resides at 115 Cottage Road, Shippensburg, Cumberland County, PA 17257. 2. Respondent is Charles D. Souders, who resides at 6 West Main Street, Newburg, Cumberland County, Pennsylvania, 17240. 3. Petitioner and Respondent are the parents of the following child: Dakota D. Souders DOB 10/9/99 4. Mother vacated the home in which the parties and the child were residing on January 5, 2001 due to conflict between the parties. Mother attempted to take the child with her, however the father and his mother and stepfather refused to permit mother to remove the child. 5. moving from the residence, however, father has demanded that all visitation be supervised by himself or his mother. Mother has attempted to visit the child and have partial custody of the child since 6. Mother and Father have had a tumultuous relationship, resulting in Father physically abusing Mother in front of the child and while the child was in Mother's arms. 7. Father has threatened that he will not permit Mother to see the child unless she reunites with the father. 8. Father is currently on county parole for a prior burglary conviction. He was recently incamerated from August 15, 2000 to November 15, 2000 for a probation violation. 9. Mother has been the primary caregiver for the child since birth. 10. Mother can provide a loving, nurturing environment for the child. 11. A Custody complaint has been filed contemporaneous with this Petition. A custody conciliation conference will not be scheduled for approximately four weeks. WHEREFORE, Petitioner requests the Court, pending the Conciliation Conference and until further Order of Court, to grant shared legal custody to the parties and the following: 1. Mother have primary physical custody of the child with Father having periods of partial custody on alternating weekends. 2. Mother shall transport the child. Date: Respectfully submitted, gacqO61ine M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Supreme Ct. ID 23167 Attorney for Petitioner VERIFICATION I verify that the statements made in the within Emergency Petition are true and correct to the best of my knowledge, information and belief. I understand that £~1~ VERIFICATION I verify that the statements made in the within Emergency Petition 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.A. § 4904 relating to unswom falsification to authorities. Dated: /--O$~ot Rita L. Kohler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RiTA L. KOHLER, Plaintiff V. CHARLES D. SOUDERS, Defendant CIVIL ACTION - LAW NO. 2001-124 CIVIL IN CUSTODY ENTRY OF APPEARANCE TO PROTHONOTARY: Please enter my appearance on behalf of the Defendant, CHARLES D. SOUDERS, in the above-captioned matter. Respectfully submitted, Dated: LAW FFICE OF MICHAEL J. HANFT Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 RITA L. KOHLER, : Plaintiff : CHARLES D. SOUDERS, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-124 CIVIL TERM IN CUSTODY hearing, Dakota D. physical custody with Father as follows: ao Each day while Mother is at work, as Father is not working, he may pick the child up from the baby-sitter, whoever that may be, and spend the day with him until such time as he goes to work. In no event, shall the child be returned later than 3:30 p.m. to the baby-sitter. from 6:00 p.m. agree. vehicle without ORDER OF COURT AND NOW, this 12th day of January, 2001, after the Court enters the following temporary Order: 1. The parties shall have joint legal custody of Souders, born 10/9/99. Mother shall have primary custody of the child subject to the periods of partial long as b. Every other weekend when Mother is working, Friday till 6:00 p.m. Sunday. c. At such other times as the parties may Neither party shall transport this child in a motor a car seat. By the Court, Jacqueline M. Verney, Esquire Attorney for Plaintiff Sheriff srs Edward E. Guido, J. Michael J. Hanft, Esquire Attorney for Defendant RITA L. KOHLER, : Plaintiff : CHARLES D. SOUDERS, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-124 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 12th day of January, 2001, after hearing, the Court enters the following temporary Order: 1. The parties shall have joint legal custody of Dakota D. Souders, born 10/9/99. Mother shall have primary physical custody of the child subject to the periods of partial custody with Father as follows: a. Each day while Mother is at work, as Father is not working, he may pick the child up from the baby-sitEer, whoever that may be, and spend the day with him until such time as he goes to work. In no event, shall the child be returned later than 3:30 p.m. to the baby-sitter, b. long as Every other weekend when Mother is working, from 6:00 p.m. agree. Friday till 6:00 p.m. Sunday. c. At such other times as the parties may Neither party shall transport this child in a motor vehicle without a car seat. By the Court, Jacqueline M. Verney, Esquire Attorney for Plaintiff Sheriff srs Edward E. Guido, J. Michael J. Hanft, Esquire Attorney for Defendant RITA L. KOHLER VS. CHARLES D. $OUDERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-124 : : CIVIL ACTION - LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this 20th day of February, 2001, the Conciliator, having received notification from counsel for the Plaintiff that the parties have reached an agreement, hereby relinquishes jurisdiction of this matter, FOR THE COURT, Melissa Peel Greevy, Esquire Custody Conciliator