HomeMy WebLinkAbout06-5120
Suzanne Souders
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
No.
Civil Action - Law
David Souders
Defendant
IN CUSTODY
CUSTODY COMPLAINT
1. Your Petitioner is Suzanne Souders, who resides at 7 Pine Road, Apt. 106, Mt. Holly
Springs, Pa. 17065.
2. Defendant is David Souders, who resides at 118 Springfield Road, NeWville, Pa 17241.
3, Plaintiff seeks Primary custody of the following children:
Name
Shannon Souders
Present Residence
7 Pine Road, Apt. 106
Mt. Holly Springs, Pa 17065
118 Springfield Road
Newville, Pa 17241
Age
12 years old
Kevin Souders
13 years old
The child Shannon Souders was not born out of wedlock.
The child Kevin Souders was born out of wedlock.
4. The child Shannon Souders is presently in the custody of Suzanne Souders who resides at
7 Pine Road, Mt. Holly Springs, Pa 17065 and child Kevin Souders who is currently
residing at 118 Springfield Road, Newville, Pa 17241.
During the past five years, the children have resided with the following persons and at the
following addresses:
List All Persons List All Addresses
Suzanne Souders 7 Pine Road
Shannon Souders Mt. Holly Springs, Pa 17065
Kevin Souders (until recently)
Dates
8/04 to present
Suzanne Souders
Shannon Souders
Kevin Souders
3115 Ritner Highway
Newville, Pa 17241
2/01 to 8/04
5. The mother of the children is Suzanne Souders who resides at 7 Pine Road, Mt. Holly Springs,
Pa 17065.
She is unmarried.
The father of the children is David Souders, who resides at 118 Springfield Road, Newville,
Pa. 17241.
He is married.
6. The relationship of plaintiff to the children is that of Mother.
The plaintiff currently resides with the following persons;
Name
Relationship
Shannon Souders
Daughter
7. The relationship of defendant to the children is that of Father.
The Defendant currently resides with the following persons;
Name
Relationship
Kathy Souders
Tyler Sherman
Kevin Souders
Wife
Wife's son
Son
8. 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 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.
9. Reasons for granting relief:
Plaintiff is best able to provide the care and nurture which the children needs for healthy
development and has been the primary caregiver.
Court ordered determination of custody is required to avoid continuing conflict between the
parties regarding parental responsibility for custody.
10. 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. All other
persons, named below, who are known to have or claim a right to custody or visitation of the
children will be given notice of the pendency of this action and the right to intervene:
Name
Address
Basis of Claim
None
WHEREFORE, plaintiff requests the court grant primary custody of the children to her,
with visitation to the father.
Respectfully Submitted,
ROMINGER & WHARE
Date: /l f./J 10 7 () 0 {
7
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pa 17013
Court Id No. 81924
Attorney for Plaintiff
Suzanne Souders
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.
Civil Action - Law
David Souders
Defendant
IN CUSTODY
VERIFICATION
Karl E. Rominger, Esquire, states that he is the attorney for, Suzanne Souders, Plaintiff in
this action; that he makes this affidavit as attorney because he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
Pa.C.S. ~4904, relating to unsworn falsification to authorities.
Date: f)&j 3 ~ )06' t
?
Kari E. Rominger, Esquire
Attorney for Plaintiff
. .
Suzanne Souders
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.
Civil Action - Law
David Souders
Defendant
IN CUSTODY
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this day
mailed a copy of the within Motion upon the following by depositing same in the United States
mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
David Souders
] ] 8 Springfield Road
Newville, Pa ] 724]
Dated: (7VC It; 2t::JoC
r
~
Karl E. Rominger, Esquire
]55 South Hanover Street
Carlisle, Pa ] 70 13
Court Id NO.8] 924
Attorney for Plaintiff
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Suzanne Souders
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
No.
Civil Action. Law
David Souders
Defendant
IN CUSTODY
EMERGENCY PETITION FOR SPECIAL RELIEF
NOW COMES, Karl E. Rominger, Esquire, for Petitioner, Suzanne Souders, and in support
of this Emergency Petition for Special Relief avers as follows:
I. Your Petitioner is Suzanne Souders, who resides at 7 Pine Road, Apt. 106, Mt. Holly
Springs, Pa. 17065.
2. Respondent is David Souders who resides at 118 Springfield Road, Newville, Pa 17241.
3. Minor child is David Souders, Petitioner, by agreement, allowed Respondent to have the
minor child for the summer.
4. Respondent currently has transferred the rnioor child, Kevin Souders school records from
his school in Mt. Holly Springs to Newville without consulting the Petitioner.
5. Mother is and has been the primary caregiver.
WHEREFORE, Your Petitioner respectfully requests that this Honorable Court, grant a
temporary order granting primary physical custody of the children to the mother pending the
scheduling of a hearing on the matters alleged herein.
Respectfully Submitted,
ROMINGER & WHARE
Date: ~/..Y II' P
l
KarlE. Rominger, Esquire
155 South Hanover Street
Carlisle, Pa 17013
Court Id No. 81924
Attorney for Plaintiff
Suzanne Souders
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.
Civil Action - Law
David Souders
Defendant
IN CUSTODY
VERIFICATION
Karl E. Rominger, Esquire, states that he is the attorney for, Suzanne Souders, PllIintiff in
this action; that he makes this affidavit as attorney because he has sufficient knowledge or
infonnation and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
Pa.C.S. *4904, relating to unsworn falsification to authorities.
Date: t /9/o~
)
Kat1'E. Rominger, Esquire
Attorney for Plaintiff
\
. .
Suzanne Souders
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.
Civil Action - Law
David Souders
Defendant
IN CUSTODY
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this day
mailed a copy of the within Motion upon the following by depositing same in the United States
mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
David Souders
118 Springfield Road
Newville, Pa 17241
Dated: cJh/11/2
J
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pa 17013
Court Id No. 81924
Attorney for Plaintiff
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SUZANNE SOUDERS
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
06-5120
CIVIL ACTION LAW
DAVID SOUDERS
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, September 06, 2~~__, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at___._4th Floor, ~_~_mb~rland Coul!!L~.ourthouse, CaE~!~__ on Thurs~ay, October 12~1!l.06 ____.__ at 8:3~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 penn anent 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/
Hubert X Gilroy, 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 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
HA VE 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
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SUZANNE SOUDERS,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5120 CIVIL
DAVID SOUDERS,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this 11th day of September, 2006, upon consideration of the
Emergency Petition for Special Relief filed by the Plaintiff, the Petition is DENIED. The
matter will be resolved at the custody conciliation previously scheduled with Attorney
Gilroy on October 12, 2006 at 8:30 a.m.
By the Court,
,~~
J.
M. L. Ebert, Jr.,
/arl E. Rominger, Esquire
Attorney for Plaintiff
Aavid Souders, Defendant
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SUZANNE SOUDERS,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
NO. 2006-5120
CIVIL ACTION - LAW
DAVID SOUDERS,
Defendant
IN CUSTODY
COURT ORDER
AND NOW, this
h"~
day of January, 2007, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The Mother, Suzanne Souders, and the Father, David Souders, shall enjoy shared
legal custody of Shannon F. Souders, born July 27, 1994, and Kevin G. Souders,
born June 18, 1993.
2. The Mother shall enjoy primary physical of Shannon, and the Father shall enjoy
primary physical custody of Kevin.
3. On alternating weekends and pursuant to a schedule that both children are
together on the weekends, the parties shall alternate custody of the children from
Friday at 4:30 p.m. until Sunday at 7:00 p.m. On the weekends Father will have
custody of Shannon, Father shall handle transportation for exchange of custody.
On the weekends Mother has custody of Kevin, Mother shall handle transportation
for exchange of custody.
4. During the summer months, the parties shall set up a schedule so that each parent
has four (4) consecutive weeks with both children. The parties shall work out that
schedule by April of each year.
5. The holiday schedule shall be handled as follows:
A. On Christmas Eve, the minor children shall be with the Father, and on
Christmas Day the children shall be with the Mother.
B. Father shall have custody on New Year's Eve and New Year's Day.
C. For the Thanksgiving holiday, Mother shall have custody from 9:00 a.m.
until 3:00 p.m., and Father shall have custody from 3:00 p.m. until 9:00
p.m.
D. The parties may modify this schedule as they agree. Absent an agreement,
the schedule set forth above shall control. In the event either party desires
to modify this schedule and can't reach an agreement with the other parent,
that party may petition the Court to have the case again scheduled with the
Custody Conciliator for a conference.
BY THE COURT,
,,,~
Judge