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HomeMy WebLinkAbout94-06902 L U ....s ~ -;:U --. -- ~ t -, - Plaintiff and defendant 22 A 5. Spring Garden Carlisle, PA 7/93 to 12/93 12/93 to Plaintiff, 22 A 5. Spring Garden Carlisle, PA and 24 Holly Strset Mt. Holly springs, PA present defendant, Carolyn Kitner, (defendant's mother) Mike Kitner (defendant's brother) The mother of the child is ths plaintiff, Sally Jo Norell, currently residing at 22 A S. Spring Street, Carlisle, Pennsylvania. She is single. The father of the child is the defendant, Gary Kitner, currently residing at 24 Holly Street, Mt. Holly Springs, Pennsylvania. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: ~ RelationshiD daughter Peyton Nicole Kitner 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship. Peyton Nicole Kitner Carolyn Kitner ~li ke Kitner daughter mother brother 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other court. 8. 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because the mother is the best person to make sure both parties have access to the child and she will provide stability for the child. 10. Each parent whose parental rights to the child have not been terminated and ths person who has physical custody of the child have been named as parties to this action. WHEREFORE, ths plaintiff requests this Court to grant primary phyoical custody of the child to the plaintiff and partial custody to the defendant. Respectfully submitted, /~~~ C7~oan Carey ~ Attorney for Pl nt,ff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 <- .J t c u <.J 0 ';;, " .p .... Vi ~ .i '1-"1 " C f. ~ ~ .1 ' . ,~ ~ <'i i <. z ., '" r... VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 6902 Civil Term Sally Jo Norrell. Plaintiff Gary Kitner, Defendant CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this ~ day of February, 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Peyton Nicole Kitner. 1. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to as the father, will share legal custody of the child. 2. The mother will have primary physical custody of the child. 3. The father will have liberal periods of partial custody of the child, according to the following schedule: a. On his days off from work which occur in periods of either two or five consecutive days after each period of seven consecutive work days. When he has the child on week days, he will take the child to day care at 9:00 a.m. and pick the child up at 4:00 p.m. so that the child will not be absent from day care for more than one day a week. The father will provide a copy of his work schedule to the mother upon entry of this Order. b. Every Wednesday from 3:30 p.m. to 7:30 p.m. if his ~ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 8902 Civil Term Sally Jo Norrell, Plaintiff Gary Kitner, Defendant CUSTODY CONSENT AGREEMENT ~d day of February, This Agreement is entered on this 1995, by the plaintiff, Sally Jo Norrell and the defendant, Gary Kitner. The plaintiff is represented by Joan Carey of Legal Services, Inc.; the defendant is represented by James J. Kayer. The defendant and the plaintiff agree to the following regarding temporary custody of their child, Peyton Nicole Kitner: 1. The mother and father will have shared legal custody of the child. 2. The mother will have primary physical custody of the child. 3. The father will have liberal periods of partial custody of the child according to the following schedule: a. On his days off from work which occur in periods of either two or five consecutive days after each period of seven consecutive work days. When he has the child on week days, he will take the child to day care at 9:00 a.m. and pick the child up at 4:00 p.m. so that the child will not be absent from day care for more than one day a week. The father will provide a copy of his work schedule to the mother upon entry of the Temporary Custody Order. ; . . b. Every Wednesday from 3:30 p.m. to 7:30 p.m. if his work schedule permits. 4. The mother and father, by mutual agreement, may vary from this schedule at any time but the Order shall remain in effect until either party petitions to have it changed. 6. The mother and father will notifY each other immediately of medical emergencies which arise while the child is in that parent's care. 6. The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that a Temporary Order of Court be entered to reflect the above terms, and that the Order remain in effect until further Order of Court. 1 ~~ orrell, Plaintiff ~oan Carey Attorney for aintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 Kay r for Defendant Li ert Loft 4 Liberty Avenue C rlisle, PA 17013 (717) 243-7922 ., " IV" ~ 0- "1 ~ ., l . . i ~ -4 ~ . , ~ '. . . SALLY JO NORELL, Plaintiff tIN THE COURT OF COMMON PLEAS OF tCUMBERLAND COUNTY, PENNSYLVANIA t :NO. 6902 - CIVIL - 1994 : t :CIVIL ACTION - CUSTODY v GARY KITNER, Defendant PRIOR JUDGE: JUDGE EDGAR B. BAYLEY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH 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 child who is the subject of this litigation is as follows: Peyton Nicole Kitner, born June 3D, 1993. 2. A Conciliation Conference was held on February 23, 1995, with the following individuals in attendance: The Mother, Sally Jo Norell, with Joan Carey, Esquire, of Legal Services, and the Father, Gary Kitner, represented by James Kayer, Esquire. 3. There is an existing Court Order of February 8, 1995, which provides the Mother with primary physical custody and the Father with periods of temporary custody. The Father has a very erratic work schedule. He works some days on first shift, some days on second shift and some days on third shift. The parties tried diligently to reach an agreement at the Conciliation Conference. The Father seemed to express concerns in his desire to assure that there is a "equal" time with the child. Because of his work schedule, this type of equal time may not be feasible or appropriate for the child. 4. The parties could not agree on an arrangement for a permanent Order. A Hearing is necessary. A Hearing should take no more than one day. 5. The Conciliator recommends an Order in the form as attached. 211.71 ?~ DATE *~ Hubert X. G / / ( Complaint for Custody on or about November 28, 1994. A Conciliation Conference was scheduled for Pebruary 17, 1995. TIlis conference was continued until February 23, 1995 and at that confer~nce the parties diligently attempled to agree upon a cU~1ody solution without success. The crux of the dispute was that the mother prefers a solution that provides her with primary physical custody, whereas the falher pref.:rs a shared custody arrangement that will provide the parties with nearly equal access 10 the child, one that could be designed around his work schedule. II. WITNESSES It is anticipated that the Defendant shall testify as to his relationship with the child as well as the prior custody history that he has had with the child. The Defendant will testify as to the reasons why he desires a shared cllstody arrangement, as well as the significant contacls that the child has with the paternal grandmother who shares the Defendant's residence with him. The Defendant will also testify as to any direct knowledge he has regarding the mother's lifestyle and any concerns that he has as to what impact it may have upon the child if she were to live primarily with the mother. It is also anticipated that the paternal grandmother, Carolyn Kitner will testify as willI. She will testify as to her observations of the internet ion between the father and child as well as her observations of mother and child internction. She will also testify as to the important bond that has formed between herself and the child while the child has resided at her home along with the father. The Defendant's brother Mike Kitner may also testify as to his observations of falher/child and mother/child internctions. Complaint for Custody on or about November 28, 1994. A Conciliation Conference was scheduled for February 17, 1995. TIlis conference was continued until February 23, 1995 and at that conference the parties diligently attempted to agree upon a custody solution without success. The crux of the dispute was that the mother prefers a solution tlmt provides her with primary physical custody, whereas the father prefers a shared custody arrangement that will provide the purties with nearly equal access to the child, one that could be designed around his work schedule. II. WITNESSES It is anticipated that the Defendant shall testify as to his relationship with the child as well as the prior custody history that he has had with the child. The Defendant will testify as to the reasons why he desires a shared custody arrangement, as well as the significant contacts that the child has with the puternal grnndrnother who shares the Defendant's residence with him. TIle Defendant will also testify as to any direct knowledge he has regarding the mother's lifestyle and any concerns that he has as to what Impact it may have upon the child if she were to live primarily with the mother. It is also anticipated that the paternal grandmother, Carolyn Kitner will testify as well. She will testify as to her Jbservatlons of the intemctlon between the father and child as well as her observations of mother and child internet Ion. She will also testify as to the Important bond that has formed between herself and the child while the child has resided at her home along with the father. TIle Defendant's brother Mike Kitner may also testify as to his observations of father/child and mother/child intemctions. III. REUEF SOUGHT TIle Defendant seeks an Order thut would confirm shared legal custody between the parties. He ulso seeks an Order thaI would provide for shared physical custody of the child us well. As the child is of preschool age, the logistical concerns that normully bedevil a shared physical custody urrangement do not apply. The father recognizes that his swing-shift schedule clln present certuin difficulties concemlng a shared custody arrangement, however, he believes thut the purtles can use this schedule to their advantage as they both work, and the swing-shift provides Ihe purtles with an opportunity to allow the father daytime access with the child for u signlficanlamount of time based upon his schedule. It is the Defendant's contention that the child's best interests would be served by maximizing the amount of time that she can share with each parent and that a shared physical custody arrangement would encoumge such contact. Respectfully submitted, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 6902 Civil Term Sally Jo Norrell, Plaintiff Gary Kitner, Defendant CUSTODY CUSTODY ORDER AND NOW, this tJ...? day of April, 1996, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Peyton Nicole Kitner. 1. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to as the father, will share legal and physical custody of the child. 2. The mother and father will alternate custody of the child every week. The parent having physical custody of the child will return the child to the child care provider on Monday morning and the noncustodial parent will pick up the child from the child care provider on Monday afternoon. 3. On Tuesdays and Thursdays the noncustodial parent will pick the child up from the day care provider in the afternoon and have custody of the child until 8:30 p.m. The father will provide transportation for transfer of custody on Tuesday and Thursday evenings as well as on holidays and periods of summer vacation unless the parties agree otherwise. 4. The mother and father will share the following holidays, alternating the times each year with one parent having the child - from 8:00 a.m. until 2:00 p.m., and the other parent having the child from 2:00 p.m. until a:oo p.m.: Memorial Day, the Fourth of July, Labor Day, Thanksgiving, Christmas, and Easter. 6. The mother and father will have the right to one week of uninterrupted custody each summer. Each parent will give the other parent two weeks notice as to when this period of summer vacation will take place. 6. Neither parent will remove the child from the Commonwealth of Pennsylvania without informing the other parent and providing an address and phone number for use in an emergency. 7. The mother and father, by mutual agreement, may vary from this schedule at any time but the Order shall remain in effect until further order of court. 8. The mother and father will notify each other immediately of medical emergencies which arise while the child is in that parent's care. 9. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. / , Edgar Order of Court. I This Order remains in effect until furt Sally Jo Norrell, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 94 - 6902 Civil Term Gary Kitner, Defendant CUSTODY ~SENT AGREEMENT This Agreement is entered on this ZOrh day of April, 1996, by the plaintiff, Sally Jo Norrell and the defendant, Gary Kitner. The plaintiff is represented by Joan Carey of Legal Services, Inc.; the defendant is represented by James J. Kayer of Kayer and Brown. The defendant and the plaintiff agree to the entry of a Custody Order regarding their child, Peyton Nicole Kitner: 1. The mother and the father will share legal and physical custody of the child. 2. The mother and father will alternate custody of the child every week. The parent having physical custody of the child will return the child to the child care provider on Monday morning and the noncustodial parent will pick up the child from the child care provider on Monday afternoon. 3. On Tuesdays and Thursdays the noncustodial parent will pick the child up from the day care provider in the afternoon and have custody of the child until 8:30 p.m. The father will provide transportation for transfer of custody on Tuesday and Thursday evenings as well as on holidays and periods of summer vacation unless the parties agree otherwise. 4. The mother and father will share the fOllowing hOlidays, alternating the times each year with one parent having the child from 8:00 a.m. until 2:00 p.m., and the other parent having the child from 2:00 p.m. until a:oo p.m.: Memorial Day, the Fourth of July, Labor Day, Thanksgiving, Christmas, and Easter. 6. The mother and father will have the right to one week of uninterrupted custody each summer. Each parent will give the other parent two weeks notice as to when this period of summer vacation will take place. 6. Neither parent will remove the child from the Commonwealth of Pennsylvania without informing the other parent and providing an address and phone number for use in an emergency. 7. The mother and father, by mutual agreement, may vary from this schedule at any time but the Order shall remain in effect until further order of court. a. The mother and father will notify each other immediately of medical emergencies which arise while the child is in that parent's care. 9. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that an Order of Court be