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BAOUJOS. OIL.ROY IIr HOUSTON, p, C.
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CARWIL.E. PENNIVL.VANIA 1701.
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TINA M. SAUTER,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
I
I 94- .3"73 I Civil Term
I
I CIVIL ACTION - CUSTODY
v
KENNETH S. SAUTER, SR.,
Defendant
ORDER OF COURT
AND NOW, this .J.5.A day of ~l \ \ \ 1/ , 1994, upon
consideration of the attached CompIlilnt,' it is hereby directed that
the parties and their respective counsel appear before Samuel L.
Andes, Esquire( the Concilia?or, at 525 North 12thhStfret, Lemoyne,
PA, on the 7 /, day of ,~( I' \ I ,1994, at L.M.,
for a Custody Conciliation Conference, At suc conferen&-e, an
effort will be made to resolve the issues in dispute I 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 groundR for entry of a
temporary or permanent order.
FOR THE COURT,
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 WHERI
YOU CAN OET LEOAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
717 - 240-6200
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TINA H. SAUTER, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v I CIVIL ACTION - LAW
I 94- 3701
KENNETH S. SAUTER, SR., I civil Term
Defendant I
I CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTODY AND PARTIAL CUSTODY
AND NOW, comes the Plaintiff, Tina M. Sauter, by and through her
attorneys, Broujos, Gilroy & Houston, p,C" and avers as followsl
1
The Plaintiff is Tina H. Sauter, an adult individual, currently
residing at 5031 Bull Road, Dover, York County, Pennsylvania.
2
The Defendant is Kenneth S. Sauter, Sr., an adult individual,
currently residing at 1103 Rockledge Drive, Carlisle, cumberland
County, Pennsylvania
3
Plaintiff seeks custody and partial custody of the following
children I
liml
Michelle L. Sauter
Present Address
&m
8/1/80
14ym.
8/17/lFJ
8 yrs.
Kenneth S. Sauter, Jr.
5031 Bull Road
Dover, PA 17315
1103 Rockledge Drive
Carlisls, PA 17013
The children were not born out of wedlock.
Addrellll
5031 Bull Road, Dover, PA
Miohe1le L. Sauter ill prellent1y in the oUlltody of Tina M. Sauter,
who rellidell at 5031 Bull Road, Dover, PA.
Kenneth S. Sauter, Jr, ill prellent1y in the oUlltody of Kenneth S.
Sauter, Sr" who rellidell at 1103 Rook1edge Drive, Carlisle, PA.
During the past five yearll, Miohe11e L. Sauter has resided with the
following perllonll and at the following addrellllelll
Perllon
Tina M. Sauter and
Henry Frank
Tina M, Sauter
Tina M. Sauter
Kenneth S. Sauter, Sr,
and Theresa Rohrer
Kenneth S. Sauter, Sr.
and Therella Rohrer
Kenneth S. Sauter, Sr.
Kenneth S. Sauter, Sr.
and Tina Sauter
Dates
5/1994 to
Present
32 Woods Drive
Mechanicsburg, PA
Third Street
Boiling Springll, PA
1103 Roak1edge Drive
Carliale, PA
8/1992 to
5/1994
3/1992 to
8/1992
11/1991 to
3/1992
6/1990 to
11/1991
1/1990 to
6/1990
6/1985 to
1/1990
Homar Elltatell
Carliale, PA
Homar Elltates
Carlill1e, PA
Homar Elltatell
Carlill1e, PA
During the pllllt five yearll, Kenneth S. Sauter, Jr., has residsd
with the following perllons at the following addresses I
Perllon
Kenneth S. Sauter, Sr,
and Therella Sauter
Addresll
Dates
1103 Roak1edge Drive
Carlill1e, PA
11/1991 to
Present
Person Address Dates
Kenneth S. Sauter, Sr. Hamar Estates 6/1990 to
and Theresa Rohrer Carlisle, PA 11/1991
Kenneth S. Sauter, Sr. Hamar Estates 1/1990 to
Carlisle, PA 6/1990
Kenneth S. Sauter, Sr. Hamar Estates 6/1985 to
and Tina Sauter Carlisle, PA 1/1990
The mother of the children is Tina M. Sauter currently residing at
5031 Bull Road, Dover, PA.
She is single.
The father of the children is Kenneth M. Sauter, Sr., ourrent1y
residing at 1103 Rockledge Drive, Carlisle, PA.
lie is married,
4
The relationship of Plaintiff to the children is that of mother.
The Plaintiff ourrently resides with the following personsl
Ham.!!
Relationship
Friend
lIenry Frank
Michelle L. Sauter
Daughter
5
The relationship of Defendant to the ohildren ie that of father.
The Defendant currently resides with the following persons I
Ham.!!
Relationsoi12
Wife
Theresa Sauter
~
Bon
6
The 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.
Kenneth B. Sauter, Jr.
fiml
7
Plaintiff has no information of a custody proceeding concerning the
child pending in a Court of this Commonwealth.
8
Plaintiff does not know of a person not a party to the proceedings
who has physical custody of the child or claims to have cuetody or
visitation rights with respect to the child.
9
The Plaintiff desires to confirm primary physical custody with
herself of Michelle L, Sauter and to confirm her partial custody
rights with respsct to her son, Kenneth S. Sauter, Jr,
10
The best interest and permanent welfare of the children would be
served by granting the relief requested, which is as follows I
A. The parties shall have shared legal custody of the minor
children, Michelle L. Sauter and Kenneth S. Sauter, Jr.
B, The Plaintiff shall have primary physical custody of Michslle
I" Sauter and the Defendant shall have primary physical custody of
Kenneth S. Sauter, Jr.
C. The Defendant shall have periods of partial custody with
Michelle L, Sauter, at such times as the parties may agree.
D. The Plaintiff shall have partial physical custody of Kenneth
S. Sauter, Jr., as followsl
1. Alternating Thursdays from 4130 P,M, to 8100 P,M., on the
Thursday following the weekend of Mother's period of partial
custody with her son, as more particularly set forth herein.
2. Alternating weekends commencing at 4130 P.M. on Friday to
Sunday at 8100 P,M. during the school year and during the
summer vacation to 9100 P.M,
3. On alternating holidays from 9100 A,M. to 8100 P.M. or,
during the summer months, to 9100 P,M" with said holidays
being Labor Day, Thanksgiving, Easter, Memorial Day, and
Fourth of July, with Mother to have Labor Day for 1994 and
the schedule to alternate thereafter, If Mother has partial
custody rights for a particular holiday which is on a Monday
following Mother's weekend for partial custody, then Mother
shall be entitled to keep the child Sunday night without
having to return the child to the Father on Sunday evening.
E, For Christmas 1994, Mother shall have partial custody of
Kenneth S. Sauter, Jr., from 4130 P.M, on her son's last day of
sohool prior to the Christmas holiday break to December 27 at 9/00
P.M. For 1995, Mother shall have partial custody of her son from
4/30 P.M. on December 27 to 8100 P,M, on January 1. The sohedule
shall thereafter alternate for future Christmae vacation periods.
F. Each party shall notify the other in the event that they
should remove the child in their custody from the Commonwealth of
Pennsylvania for any overnight excursions, Such notification shall
be given at leut 48 hours in advance. No party shall reside out
of the Commonwealth of Pennsylvania without first having obtained
a modification of this Order,
G. Mother shall be entitled to three weeks of Summer vacation
with her son. The Summer vacations shall be divided into three
separats non-consecutivs weeks with one week to be in June, one
week in July, and one week in August. Mother shall be entitled to
Beven consecutive days, not including her regular weekend periods
of partial custody, Mother shall give Father thirty (30) days
advance notice of the selection of the weeks of Summer vacation.
For 1994, however, Mother shall have Summer vacation from August
21, 1994, at 4/30 P.M. to August 28, 1994, at 4/00 P,M.
II, Father shall advise Mother of picture days, scheduled school
activities, and extra-currioular school aotivities of Kenneth S.
Sauter, Jr.
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Bach parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child has
been named ae parties to the action.
I:
WHBRBFORB, Plaintiff requests this Court to grant cuetody and
partial custody of the children.
r stop e C. Houst n, BsqU re
Attorney for Plaintiff
Broujos, Gilroy & Houston, P.C.
4 North Hanover street
Carlisle, PA 17013
717 - 243-4574
I verify that the statements in the foregoing pleading are true and
correct.
I understand that false statements herein are made
subject to the penalties of 18 PaCS 4904 relating to unsworn
falsification to authorities.
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TINA M. SAUTBR
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TINA M. SAUTER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs )
) CUSTODY/VISITATION
KENNETH S. SAUTER, SR., )
Defendant ) NO, 94-3731 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of September 1994, it being reported
to the conciliator that the parties have reached an agreement
which makes further proceedings unnecessary, the undersigned
conciliator hereby relinquishes jurisdiction and returns the
matter to the Court Administrator. If either of the parties
wishes further proceedings in this action, they should petition
the Court anew,
~
CCI Taylor P. Andrew, Esquire
Christopher C. Houston, Esquire
'.
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BROUJOe. GII..RO'f III HOUSTON. P. c.
An-O"N_VII A'f' LAW
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CAAI-18I-K. PKNNaVI-VANIA '?QIII
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I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
I
I 94-3731 CIVIL TERM
1
1 CIVIL ACTION - CUSTODY
TINA M. SAUTER,
Plaintiff
KENNETH S. SAUTER/ SR"
Defendant
~/( ORDE~ OF COURT
AND NOW, this L day of ~rL'!vli /',
,
1994, upon a
Stipulation and Agreement for Custody, it is hereby ordered and
directed as follows I
1. Mother shall have primary physical custody of Michelle L.
Sauter, date of birth August 1, 1980, and Father shall have primary
physical custody of Kenneth S. Sauter, Jr., date of birth August
17, 1985, The parties shall share legal custody. Mother shall have
partial physical custody of Kenneth S, Sauter, Jr" as follows I
A. Alternating Thursday from 4130 P.M. to 7:00 - M" on the
Thursday following the weekend of Mother' s period of partial
custody with her son. During baseball season, the weekday evening
visits shall move to Wednesday with Mother to be accommodating
should there by other activities scheduled for Thursday evening, so
long as Mother continues to have a weekly evening of partial
custody with her son.
B, Alternating weekends commencing at 5100 P.M. on Fridays
to 7100 P.M. on Sundays during the school year and during the
summer vaoation to 9100 P.M. Mother shall aooommodate her son's
soheduled activities for weekends.
C. Other than Christmas vacation, the parties will
ooordinate the holidays so that the children are together, with
those holidays being Labor Day, Easter, Memorial Day, Fourth of
July, and Thanksgiving.
D. With respect to the aforesaid holidays that the parties
shall agree that Mother shall have both children, Mother shall have
her son from 9100 A,M. to 7100 P.M. during the school year and to
9100 P.M. during the summer months. If the holiday falls on a
Monday after Mother's regularly-scheduled weekend, Mother shall
keep her eon Sunday evening without having to return him.
E. With respect to Christmas vacation for 1994, Mother shall
have both children from 4100 P.M. on Christmas Eve until Noon on
Christmas Day, Father shall have both children from Noon on
Chrietmas Day to Noon on December 26, For Christmas 1995, Mother
shall have both children from Noon on Christmas Day until Noon on
December 26, and Father shall have both children from 4100 P.M, on
christmas Eve until Noon on Christmas Day. The sohedule will
alternate thereafter, With respect to the balanoe of the week
after Christmas, the parties shall split the time, with each party
having both children one-half of the remaining vacation period
through New Year's day.
F. Mother shall have both children on Mother's Day from 9100
A.M. to 7100 P.M.
2. Father shall have partial physical custody of Michelle L.
Sauter as follows I
A. Alternating weekends commencing at 6130 P.M, on Friday to
Sunday at 7100 P.M" with said alternating weekends to coincide
with said time period that Father has custody of his son. Father
shall be accommodating to daughter's scheduled activities.
B. The provisions of Paragraphs l(C) and (E) shall be
incorporated herein.
C. With respect to the holidaYB that the parties shall
agree that Father shall have both children, Father shall have his
daughter from 9100 A,M, to 7100 P,M. during the school year and to
9100 P.M. during the summer months, If the holiday falls on a
Monday after Father's regularly-scheduled weekend, Father ohall
keep his daughter Sunday evening without having to return her.
D. Father shall have both children on Father's Day from 9100
A,M, to 7100 P.M,
3, Neither party shall reside outside the Commonwealth of
Pennsylvania without first having obtained a modification of any
Court Order pertaining to custody.
4. Mother shall have both children for three non-consecutive
weeks of summer vacation with those weeks not to include Kenneth S,
Sauter, Jr.'s birthday. Said periods of summer vacation shall be
q
completed at least five (5) days before the commencement of school
in the fall. Mother shall give father thirty (30) days' advance
notice as to the weeks that she desires to exercise her periods of
summer vacation.
5. Father shall have two (2) non-consecutive weeks of vacation in
the summer with both children with said periods of vacation not to
include Michelle L. Sauter' s birthday.
The periods of summer
vacation shall be completed at least five (5) days before the
commencement of school in the fall, and Father shall give Mother
thirty (30) days' advance notice as to when he wishes to exercise
his periods of summer vacation.
6. The partiee do stipulate and agree that the terms of this
Stipulation and Agreement may be incorporated into an Order of
Court.
By t e Court,
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TINA M. SAUTER, 1 IN THE COURT OF COMMON PLEAS OF
Plaintiff 1 CUMBERLAND COUNTY, PENNSYLVANIA
1
v 1 CIVIL ACTION - LAW
1
KENNETH S. SAUTER, BR., 1 94-3731 CIVIL TERM
Defendant 1
I CIVIL ACTION - CUSTODY
STIPULATION AND AGREEMENT FOR CUSTODY
AND NOW, comes the Plaintiff, Tina M. Sauter, by and through her
attorney, Christopher C, Houston, Esquire, and the Defendant,
Kenneth S. Sauter, Sr" by and through his attorney, Taylor P.
Andrews, Esquire, who stipulate and agree as followSI
1
Mother shall have primary physical custody of Michelle L. Sauter,
dat.e of birth August 1, 1980, and Father shall have primary
physical custody of Kenneth B. Sauter, Jr., date of birth August
17, 1985, The parties shall share legal custody, Mother shall have
partial physical custody of Kenneth S. Sauter, Jr" as follows 1
A. Alternating Thursday from 4130 P.M. to 7100 P,M., on the
Thursday following the weekend of Mother I s period of partial
custody with her son. During baseball season, the weekday evening
visits shall move to Wednesday with Mother to be accommodating
should there by othsr activities scheduled for Thursday evening, so
long as Mother continues to have a weekly evening of partial
custody with her son.
n. Alternating weskends commencing at 5100 P.M. on Fridays to
7100 P.M, on Sundays during the ochool year and during the Bummer
vacation to 9100 P.M. Mother shall accommodate her son's scheduled
activities for weekends.
C. Other than Christmas vacation, the parties will coordinate the
holidays so that the children ars together, with those holidays
being Labor Day, Easter, Memorial Day, Fourth of July, and
Thanksgiving.
D, with respect to the aforesaid holidays that the parties shall
agree that Mother shall have both children, Mothsr shall have her
son from 9100 A.M. to 7100 P.M. during the school year and to 9100
P,M. during the summer months. If the holiday falls on a Monday
after Mother's regularly-scheduled weekend, Mother shall keep her
son Sunday evening without having to return him,
E. With respect to Christmas vacation for 1994, Mother shall have
both children from 4 I 00 p, M, on Christmas Eve until Noon on
Christmas Day. Father shall have both children from Noon on
Christmas Day to Noon on December 26. For Christmas 1995, Mother
shall have both children from Noon on Christmas Day until Noon on
December 26, and Father shall have both children from 4100 P.M. on
Christmas Eve until Noon on Christmas Day. The schedule will
alternate thereafter, with respect to the balance of the week
after Christmas, the parties shall split the time, with each party
having both children one-half of the remaining vacation period
through New Year's day.
F. Mother shall have both children on Mother's Day from 9100 A.M.
to 7100 P.M.
2
Father shall have partial physical custody of Michelle L. Sauter as
follows I
A, Alternating weekends commencing at 6130 P.M. on Friday to
Sunday at 7100 P.M" with said alternating weekends to coincide
with said time period that Father has custody of his son. Father
shall be accommodating to daughter's scheduled activities.
B, The provisions of Paragraphs l(C) and (E) shall be
incorporated herein,
C, With respect to the holidays that the parties shall agree
that Father shall have both children, Father shall have his
daughter from 9100 A,M. to 7100 P.M. during the school year and to
9100 P.M. during the summer months, If the holiday falls on a
Monday after Father's regularly-scheduled weekend, Father shall
keep his daughter Sunday evening without having to return her.
D. Father shall have both children on Father's Day from 9100 A.M.
to 7100 P.M.
J
Neither party shall reside outside the Commonwealth of Pennsylvania
without first having obtained a modification of any Court Order
pertaining to custody.
4
Mother shall have both children for three non-oonseoutive weeks of
summer vaoation with those weeks not to inolude Kenneth S. Sauter,
Jr. 's birthday. Said periods of summer vaoation shall be oompleted
at least five (5) days before the commenoement of sohool in the
fall. Mother shall give fathsr thirty (30) days' advanoe notioe as
to the weeks that she desires to exeroise her periods of summer
vaoation.
5
Father shall have two (2) non-oonsecutive weeks of vacation in the
summer with both children with said periods of vacation not to
include Michelle L. Sauter's birthday. The periods of summer
vaoation shall be oompleted at least five (5) days before the
commenoement of school in the fall, and Father shall give Mother
thirty (30) days' advance notioe as to when he wishes to exeroise
his periods of summer vacation.
6
The parties do stipulate and agree that the terms of this
Stipulation and Agreement may be inoorporated into an Order of
Court.
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