HomeMy WebLinkAbout94-01737
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JUN 30 1994
RICHARD L. SOUTHERS, ) IN THB COURT OF COMMON
Plaintiff ) PLBAS OF CUMBBRLAND
) COUNTY, PBNNSYLVANIA
vs. )
) NO. 94-1737 CIVIL TBRM
KIM SOUTHBRS, )
Defendant ) CUSTODY
ORDER OF COURT
AND NOW this ~:jt day of 9t.Ll!..:r. ' 1994, a hearing is hereby scheduled in
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the above matter to be held in Court Room No. 1k- of
in Carlisle, Pennsylvania, commencing at '~l.()L)
the Cumberland County Court House
o'clock Q,.m.. on ,J~~
the ~l/1tl day of ~'l ~ ' 1994.
Counsel for each of the parties is directed to file with the Court and serve upon
opposing counsel, at least twenty (20) days prior to the date of the hearing, a list of
witnesses they intend to call at the hearing. which list shall include the name,
address, daytime and home phone number of the witness, and a general summary of the
nature of the witness's testimony.
Judith A. Calkin, Bsquire
Attorney for Plaintiff
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Michael R. Rundle, Bsquire
Attorney for Defendant
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RICHARD L. SOUTHERS,
Plaintif f
vs.
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NO. 94-1737 CIVIL TERM
CUSTODY
IN THE COURT OP COMON
PLEAS OP CUMBERLAND
COUNTY, PENNSYLVANIA
KIM SOUTHERS,
Defendant
JUDGE PREVIOUSLY ASSIGNED: None
CONCILIATOR CONPBRBNCB SUI1HARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8(b), the
undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the sUbject of this
litigation is as follows:
NAME
CURRENTLY IN
CUSTODY OP
BIRTHDATE
Jessica L. Southers
21 January 1989
Defendant/Mother
2. A Conciliation Conference was held on 10 May 1994 and the following
individuals were present: The Plaintiff and his attorney, Judith A. Calkin, Esquire;
the Defendant and her attorney, Michael R. Rundle, Esquire.
3. Items resolved by agreement: The father concedes that mother may have primary
physical custody. He simply wants to expand his time with the child.
4. Issues yet to be resolved: the custody schedule.
5. The Plaintiff's position on custody is as follows: Pather wishes to have
alternating weekends and every Tuesday and Thursday evening with the child, plus a
schedule of alternating holidays and all but two weeks each summer. He also wants the
,order to allow him to exchange weekends when he is required to work or has national
guard duty.
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6. The Defendant's position on custody is as follows: Mother wants primary
physical custody with the father having alternating weekends and one evening each week,
plus a schedule of alternating holidays and three weeks in the summer of 1994 and four
weeks thereafter.
7. Need for separate counsel to represent child: the conciliator sees no need
for independent counsel for the child and neither party made such a request to the
conciliator.
8. Need for independent psychological evaluation or counseling: the conciliator
sees no specific need for independent counseling and neither party requested it.
9. Other matters and comments:
The parties separated in the summer of 1994, are now divorced, and are both
involved with other parties. The mother will soon remarry and move to northern York
County. The father is a guard at the State Correctional Institution at Camp Hill and
works an unusual schedule. In addition, he is in the National Guard and occasionally
has duty weekends.
Neither party claimed that the other party is not entitled to time with the child
and there appears to be no real dispute about the mother retaining primary custody, as
she has had for the past three years. The only dispute appears to be over the custody
schedule, and most of that dispute involves the summer. In fact, the parties were able
to resolve all the issues except the evening visits each week (the father wants two per
week and the mother only wants one per week) and the summer (the father wants
essentially ten weeks and the mother wants only three this year and four in future
years). Unfortunately, I could not persuade the parties to agree upon any compromise
and a hearing will be necessary.
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The issues at the hearing are limited to:
(1) How much time the father should have the child each week.
(2) How the parties should divide the summer.
I would expect these issues could be presented thoroughly within a half-day.
I have prepared an order scheduling a hearing and requiring an exchange of
witnesses. The parties have requested a hearing during the month of July if that is
possible.
29 June 1994
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Sa L. Andes
Custody Conciliator
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 94-1737 CIVIL TERM
CUSTODY
RICHARD L. SOUTHERS,
Plaintiff
KIM SOUTHERS,
Defendant
ORDER OF COURT
AND NOW this
day of
, 1994, a hearing is hereby scheduled in
the above matter to be held in Court Room No.
of the Cumberland County Court House
in Carlisle, Pennsylvania, commencing at
o'clock _.m., on
the
day of
, 1994.
Counsel for each of the parties is directed to file with the Court and serve upon
opposing counsel, at least twenty (20) days prior to the date of the hearing, a list of
witnesses they intend to call at the hearing, which list shall include the name,
address, daytime and home phone number of the witness, and a general summary of the
nature of the witness's testimony.
By the Court,
J.
Judith A. Calkin, Esquire
Attorney for Plaintiff
Michael R. Rundle, Esquire
Attorney for Defendant
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Defendant
I IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.q+~ /737 Cw..L ~
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I CIVIl, ACTION-CUSTODY
I
RICIlARD L. SOUTHERS,
Plaintiff
vs.
KIM SOUTHERS,
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it
is hereby direc~d that th~ Harties and their respective counsel
appear betore ~C\."'.... I L llnctc--s. , Esquire, the Conciliator, on
thjb ~ day of "".....~/, 1994, at ~ o'clock
-:-ff-m., in ,.~~- "I. I ")\k. 'il. L""""", Cumberland County, Pennsylvania,
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 the entry of a
Temporary or Permanent Order.
For the Court,
Date:
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~~A_ .JJ.~ t?:s.-
Custody Conciliator ~J
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.
Court Administrator, Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
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FiLE u-OH:'CE
OF THE PHOTHONOTAIiY
CUHBEIlLAIIO COU/ITY
PENNSYLVANIA
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I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
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I NO.
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I CIVIL ACTION-LAW
I IN CUSTODY
COMPLAINT FOR CUSTODY
.1.
RICHARD L. SOUTHERS,
Plaintiff
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ItIM SOUTHERS,
Defendant
AND NOW comes RICHARD L. SOUTHERS, by and through his
attorney, JUDITH A. CALKIN, Esquire, and avers as follows I
1. The Plaintiff is RICHARD L. SOUTHERS, an adult
individual who resides at 5344 Oxford Drive, Apt. 114,
Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is KIM SOUTHERS, an adult individual
who resides at 62 A. Old Stonehouse Road, Carlisle, Cumberland
County, Pennsylvania.
3. Plaintiff and Defendant are the natural parents of
JESSICA L. SOUTHERS, born January 21, 1989.
4. Plaintiff seeks shared legal and physical custody of
the minor child.
5. The child was not born out of. wedlock. The child
currently reside with Defendant at 62 A. Old Stonehouse Road,
Carlisle, Cumberland County, Pennsylvania.
6. The child resided at the following addresses with the
following persons for the last five years:
Birth-12/1989
Augusta, Georgia
Mother &
Father
4/1989-12/1989
Williamstown, PA
Mother & Father,
Maternal Great-Grand-
mother
1/1989-1/1991
Tower City, PA
Mother & Father
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1/1991-6/1991 New Cumberland Mother (Father in
Saudi Arabia)
6/1991-9/1991 New Cumberland Mother & Father
9/1991-present Shared with Mother in Carlsile, PA and Father
in Mechanicsburg, PA
7. The mother of the child is Defendant, KIM SOUTHERS.
8. The father of the child is Plaintiff, RICHARD L.
SOUTHERS.
9. The mother currently resides alone.
10. The father currently resides with his fiancee and her
child.
11. The Plaintiff has no information of a custody
proceeding concerning the child pending in a Court of this
Commonwealth.
12. The 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.
13. Each parent whose parental rights to the child has
not been terminated and the person who has physical custody of the
child have been named as parties to this action. There are no other
persons known to have or claim a right to custody or visitation of
the child and therefore, no further notice of the pendency of this
action and the right to intervene shall be given, other than to the
parties named herein.
14. The best interest and permanent welfare of the child
will be served by granting shared physical and legal custody to
the plaintiff.
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WHEREFORE, plaintiff requests the Court to grant him
shared legal and physical custody of the minor child.
Respectfully submittedl
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ith A. Calkin, Esquire
torney for plaintiff
2201 North Second Street
Harrisburg, PA 17110
(717) 238-23121
AFFIDAVIT
I verify that the statements made in this Custody Petition
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S.Section 4904,
relating to unsworn
falsification to authorities.
Datel
U_J 1 W~
RICHARD L. SOUTHERS
Sworn and Subscribed
before me this 5 day
of (.\rr, \ , 1994.
~ ~"blumJ
Notary Public
NOrARlAI SIAL
EllEN R9SrN!llOOM. Nmary Public
Ha"'~burg. Dauphin Counly
My CommIssion E~pires May 8, 1995
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parties concerning
Order of Court.
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RICHARD L. SOUTHERS,
Plaintif f
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 94-1737 Civil Term
:
CIVIL ACTION-CUSTODY
vs.
KIM SOUTHERS,
o R D E R
AND NOW this /1 day of
J4" ~J J-
, 1994, the
the
attached Agreement and Stipulation signed
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1737 CIVIL TERM
RICHARD L. SOUTHERS,
plaintiff
KIM SOUTHERS,
Defendant
CIVIL ACTION - CUSTODY
AGREEMENT AND STIPULATION
/I.
THIS AGREEMENT AND STIPULATION entered into this 10 day
of August, 1994, by and between RICHARD L. SOUTHERS, hereinafter
referred to as "the Father", and KIM SOUTHERS, hereinafter
referred to as "the Mother",
WITNESSETH:
WHEREAS, the parties are the natural parents of Jessica L.
Southers, hereinafter referred to as "the Child", whose date of
birth is January 21, 1989; and
WHEREAS, the Father has filed a Complaint for custody to the
above captioned term and number; and
WHEREAS, the parties desire to reach an agreement on the
legal and physical custody of the Child.
NOW, THEREFORE, the parties hereto, intending to be legally
bound hereby, mutually agree and stipulate as follows:
1. The Father and the Mother shall have shared legal
custody of the Child.
2. The Mother shall have primary physical custody of the
Child with the Father having temporary physical custody of the
Child as follows:
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A. On alternate weekends from 5100 p.m. on Friday
until 7100 p.m. on Sunday durinq the school year, and 8:00 p.m.
durinq the Summer. In the event Father is scheduled for active
military Reserve duty on his ocheduled weekend, he shall forego
exercising his rights to temporary custody on that weekend and
shall have the Child on the following two (2) weekends. The
Father shall give the Mother advance notice of active duty
military Reserve schedule.
B. On Tuesday and Thursday evenings from 4:00 p.m.
until 7:00 p.m during the school year and 8:00 p.m. during the
Summer.
C. In the event the child is enrOlled in afternoon
kindergarten for the academic year 1994-95, the return time on
weekend and weekday visitation shall be 8:00 p.m. for that school
year only. If the child is enrolled in morning kindergarten, the
return times shall be as set forth in Paragraph A and B above.
D. For four (4) weeks during the Summer, to be taken
in two (2) two-week nonconsecutive increments. Thirty (30) days'
notice shall be given to the Mother prior to each increment.
E. On alternate major holidays, to include New Years
Day, Easter, Memorial Day, JUly 4, Labor Day and Thanksgiving,
from 9100 a.m. until 7:00 p.m. In the event Father's holiday
falls on the day be foro or the day after his scheduled weekend,
the Child shall remain with the Father from 9:00 a.m. Friday
until 7100 p.m. Sunday, or 5:00 p.m. Friday until 7:00 p.m.
Monday.
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F. From 5:00 p.m. Christmas Eve until 3:00 p.m.
Christmas Day on odd numbered years and from 3:00 p.m. Christmas
Day until 8:00 p.m. on December 26 on even numbered years.
G. The Father shall forego his right to temporary
physical custody for two weeks, consecutive or nonconsecutive at
Mother's option, during the Summer for Mother to vacation with
the Child. Mother shall give Father thirty (30) days' notice
prior to said weeks.
3. Father shall provide all transportation in exercising
his rights to temporary custody.
4. Father shall have reasonable telephone contact with the
child when not in his custody.
5. The parties agree that the terms of this Agreement and
stipulation shall be incorporated into an order of Court.
IN WITNESS WHEREOF, the parties hereto, intending to be
legally bound hereby, affix their hands and seals the day and
year first above written.
WITNESS:
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R~chard L. Southers
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~im Southers