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HomeMy WebLinkAbout05-3899 KURT A. SOURBEER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW OfJ8'l'1 CIVIL TERM KATHLEEN R. O'BRIEN, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Kurt A. Sourbeer, by his attorneys, Irwin & McKnight, and presents the following Complaint for Custody. I. The Plaintiff, Kurt A. Sourbeer, is an adult individual with an address ofP. O. Box 172, Carlisle, Cumberland County, Pennsylvania 17013, 2. The Defendant, Fithleen R. O'Brien, is an adult individual with a current address of Cumberland County Prision, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two (2) children, namely, Joshua Sourbeer, born September 24, 1999, and Dillon Sourbeer, born June 23, 1990. 4. The Plaintiff desires that the parties have shared legal custody of the minor children, Joshua Sourbeer and Dillon Sourbeer. 5. The Plaintiff desires primary physical custody of the minor children, Joshua Sourbeer and Dillon Sourbeer with periods of temporary supervised physical custody to Defendant as the parties can agree. 6. The best interests and permanent welfare of the minor children requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Kurt A. Sourbeer, respectfully requests that he be awarded primary physical custody and shared legal custody of Joshua Sourbeer and Dillon Sourbeer, as provided herein, with periods of temporary supervised physical custody to Defendant as provided herein. Respectfully submitted, By: Marcus ll. McKni Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court L D. No. 25476 Date: July 29, 2005 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. 1>1":"":- / .... '.1i A1;:T~O~RB~ER Date: JULY 29, 2005 ~f\ -- ~ €' ....t\ (A L> ~ ~ ~ 0<\ ~ Q ~ """ -- :-- \.J\ C) (;. 1',,:) ('., r..~::) , c;;rl ,:';-"'1 ( ".-~ :::;:! ftl f~,,' ,,-.0 _c, .. C,) r ".'I c..:' (t) KURT A. SOURBEER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-3899 CIVIL ACTION LA W KATHLEEN R. O'BRIEN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 04, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 19, 2005 , the conciliator, at 10:30 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 pennanent 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 hearing. FOR THE COURT. By: Isl Hubert X Gilrov. ESQ. J.- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of] 990. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . vi- ~- Jf __'>r, ~ ~ 3~.JI> . --JCfp -?'J ~ (l 4;t .~~ ~/t, 5rJ.5- ft +r4t ill1l ~ ~ ~ -/.W - f!1J Y'() 5./ ('(' .? l,1J. r,- tYI~ qGZ ..::::.l'v i': -' '..'. "I.' :10 Jy KURT A SOURBEER, Plaintiff RECEIVED AUG 25m, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KATHLEEN R. O'BRIEN, Defendant NO. 05-3899 IN CUSTODY COURT ORDER AND NOW, this ...2kJ1,daY of August, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. --L- of the Cumberland County Courthouse on the h'Ht.. day of ~at'~2005 at $J:;......f3...m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall me with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, 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 five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following temporary Custody Order is entered: A. The father, Kurt A. Sourbeer, and the mother, Kathleen R. O'Brien, shall enjoy shared legal custody of Joshua Sourbeer, Born September 24, 1999 and Dillon Sourbeer, born June 23, 1990. B. The mother shall enjoy primary physical custody of the minor children. C. The father shall enjoy periods of temporary physical custody of the minor children as follows: i. On alternating weekends from Friday at 5:00 p.m. until Monday morning when father shall deliver the children to school. fi: """ >'" UJC' n-'. ",-,~::.. H:~2 C)~ Tn aif: ::J 0_ octO fE u.. o 0' N C~) .::) ~'C en = = <'-' N Ln en ~ ,,::-- -~) "'--r;- < --, 6 - ii. Father shall also have custody of Joshua during such times as Joshua has soccer games or practices or other YMCA activities in order for father to facilitate Joshua being in attendance at these activities. iii. At such other times as agreed upon by the parties. BY THE COURT, cc: Grace E. D' Alo, Esquire Marcus A. McKnight, III, Esquire ~ ffVL.add- 3'. ;L9,OS # Q.-. KURT A. SOURBEER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KATHLEEN R. O'BRIEN, Defendant NO. 05-3899 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Joshua Sourbeer, Born September 24, 1999 and Dillon Sourbeer, born June 23, 1990. 2. A Conciliation Conference was held on August 19, 2005, with the following individuals in attendance: The father, Kurt A. Sourbeer, with his counsel, Marcus A. McKnight, III, Esquire, and the mother, Kathleen R. O'Brien, with her counsel, Grace E. D' Alo, Esquire. 3. The parties have been separated about five years and the status quo is mother having primary custody of the minor children. Mother was recently arrested and incarcerated for approximately four days and there are pending charges. While mother was incarcerated, father had custody of the minor children for at least those four days. 4. Father is seeking primary custody of both boys alleging that there are various problems at the mother's home and that the children are not being properly supervised. Mother suggests that she has been the primary custodian throughout the children's lives and that she should retain primary custody. The parties are unable to agree and a hearing is required. 5. The Conciliator recommends an Order in the form as attached. '?~d~LO~ DATE ~.Cf.y, "qWn Custody Conciliator KURT A. SOURBEER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W KATHLEEN R. O'BRIEN,: Defendant NO. 05-3899 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 8th day of December, 2005, upon relation of Marcus A. McKnight, III, Esq., attorney for Plaintiff, that the parties have reached a settlement in the above matter, the hearing previously scheduled for December 15, 2005, is cancelled. BY THE COURT, J. Marcus A. McKnight, III, Esq. Attorney for Plaintiff f)-Lt--OJ (!~'j .- /'r\-~..c ---n.4P .J"3" Grace D'Alo, Esq. MidPenn Legal Services Attorney for Defendant :rc r ,. ,,~ " ...-.... -..... .fy KURT A. SOURBEER, Plaintiff DEe 1 3 2005 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW KATHLEEN R. O'BRIEN, Defendant NO. 05-3899 IN CUSTODY COURT ORDER .+-.. AND NOW, this \.':> i ("day of December, 2005, upon consideration of the attached Custody Conciliation report, it is ordered that the hearing scheduled in this case on December 15, 2005 is cancelled. The Custody Order entered on August 26, 2005 is vacated, and this matter is to be held in abeyance pending resolution of the Dependency Proceedings involving the parties at Docket No. 2005-360. BY THE COURT, . 7 , Judge Jj:dgar B BaJ'I~'.:- " L '- .' ,." ) .: 'I" .J c~race D' Alo, Esquire ':.-.Marcus A. McKnight, III, Esquire ~ ._Pfc rI:0~~ ;:.) '.J ...---' - KURT A. SOURBEER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KATHLEEN R. O'BRIEN, Defendant NO. 05-3899 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigued Custody Conciliator submits the following report: 1. The Conciliator conducted a telephone conference call with legal counsel for the parties and, based upon that call, recommends the Court approve the Order as attached. I 1-1]---0 ~ DATE at FILED- `MO ?? ' TIT- PRBT!-'01 r??', Katie J. Maxwell, Esquire 1 FEB MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAI:LL 8 PM 12:13 MARTSON LAW OFFICES CUMBERLAIND COUNTY I.D. 206018 PENNSYl VAH11A 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant KURT A. SOURBEER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-3899 CIVIL ACTION - LAW KATHLEEN R. O'BRIEN, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 1. Plaintiff is Kurt A. Sourbeer (hereinafter, "Father"), an adult individual with an address of P.O. Box 172, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Kathleen R. O'Brien (hereinafter, "Mother"), an adult individual with an address of 137 Ashley Bluffs Road, Summerville, South Carolina 29485. 3. Mother seeks to modify the Custody Order with regard to Joshua Sourbeer who was born on September 24, 1999. 4. Mother has relocated to South Carolina, and a change in the custody order is necessary. 5. Father has refused to permit Mother to have regular contract with Joshua. 6. Hubert X. Gilroy, Esquire, is the conciliator in this action; however, a conflict now exists and a new Conciliator is requested. 7. The Honorable J. Wesley Oler, Jr., has issued Orders in this action. WHEREFORE, Defendant prays Your Honorable Court to schedule a conciliation conference and Order Plaintiff to permit Defendant to see the minor child. f? _ 1# 6 t?(l A41 A5L1 S ti6a Dated: MARTSON LAW OFFICES By 114t?lla4?52 atie J well, Esq&irg Ten E High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 MARTSON LAW OFFICES By M . Price Ten Edst High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9_1f111 KURT A. SOURBEER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-3899 CIVIL ACTION LAW c KATHLEEN R. O'BRIEN w -? 'M rri IN CUSTODY DF,FF.NDANT _ -CI' - °ea <?: -p -vt ORDER OF COURT AND NOW, Monday, February 14, 2011 , upon consideration of the attached 00mj3faint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at __ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 10, 2011 at 9:30 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. 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 hearing. FOR THE COURT, By: /s/ jacgueline M. Verne Es . 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 infonnation 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 32 South Bedford Street Carlisle, Pennsylvania 17013 -? Telephone (717) 249-3166 Ala, KURT A. SOURBEER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V r., C") CZD 2005-3899 CIVIL ACTION - &N -' =' - : NO . . KATHLEEN R. O'BRIEN, Defendant : IN CUSTODY `n c` ©-n 20 -0 v n ORDER OF COURT AND NOW, this day of VU 2.J G , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . The prior Order of Court dated August 26, 2005 is hereby vacated. 2. The Mother, Kathleen R. O'Brien and the Father, Kurt A. Sourbeer, shall have shared legal custody of Joshua Sourbeer, born September 24, 1999. 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 his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Father shall have primary physical custody of the child. 4. Mother shall have the following periods of supervised visitation, with Terry O'Brien or Hugh O'Brien being the supervisor: A. Two consecutive weeks in the summer, not to interfere with the child's soccer schedule, provided Mother gives Father 30-days prior notice. B. From the day after school recesses for Christmas to the day before school resumes. C. Such other times as the parties agree. 5. Mother shall have one telephone call per week with the child every Monday before 7:00 p.m. Father is entitled to monitor the conversation to insure that it is of a positive nature. The frequency of the telephone calls may be increased if the child's counselor recommends it. Mother may also email the child at Father's email address and the child is permitted to respond. 6. Mother is responsible for all transportation but the supervisors must be present during transportation. 7. Neither party may use alcohol to the point of intoxication or illegal drugs immediately before or during their period of custody or visitation. 8. No one is permitted to smoke in the presence of the child. The parties shall make every effort to enforce this provision. 9. Neither party shall do nor permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 10. 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, J. ? v cc: Katie J. Maxwell, Esquire, Counsel for Mother ?K A S ur b urt . V eer, pro se 1065 Lewisberry Road ?? Lewisberry, PA 17339 oop? I15 tDO KURT A. SOURBEER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3899 CIVIL ACTION - LAW KATHLEEN R. O'BRIEN, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Sourbeer September 24, 1999 Father 2. A Conciliation Conference was held in this matter on March 10, 2011, with the following in attendance: The Mother, Kathleen R. O'Brien, by telephone, with her counsel, Katie J. Maxwell, Esquire, and the Father, Kurt A. Sourbeer, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated August 26, 2005 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, Friday to Monday. 4. The parties agreed to an Order in the form as attached. `V l • V Date: 3 -/1 acqu ine M. Verney, Esquire Custody Conciliator