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H ..J ..J < 1.:1 ..J E-i .0: c.. 1.:1 :I: :E Z U 0 .0: H U .., :E o :z :g l2 0 ~ ~ o 0') o R e~~~~ 5E~!i !~~o:~ :fl' ~ ~ ~ - OJ :c ,... -- .. . . . I'W< (, ~ iti9S j j' vs. . . . . . . . . IN THE COURT OF COMMON PLEAS CUHB~R~D CO~NTY, PE~NS:LVAN~A NO. /6 143+- e~JIA.11~' JANET L. SUNDAY, Plaintiff MICHAEL R. SUNDAY, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ~&1.''h,~<1 L. A,Jr')~the conciliator, on the 101'" day of _Mehl , 1995, at 2., P_.m. in -.... - I I.....tl C4 l I . C, GIS f\. 1:7 1..!l..21' p,...""rw , C\'.....5l:lal.d cO~:lIlty Cotlrtho\lse, 1- . Ootll:thouse-sqaarer-Ga~li~le, 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 chil- dren age five or older may at the request of either attorney or party, 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 of Order< ,<_.31.." By' ./-d...A'.jl~ r~ custody Conciliator ~ 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 CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 3387 (717) 240-6200 ArR .3 lZ 23 FH '95 OF I,i : .';"'JH'Cf CUJ.iI'rG~;'JHONC jA~Y Pfk~'~'~ C(\:J~rr .. L '1.11;_1. 4/3/tf'5 bot a.tt. /11a.V 7P 4: ~ 1/3/9> lttftiL 11~1 ~ dLJ!f" 1 ;'~/15 ~n ~d ~ :5 tiwtu ~ .. .' - (b) Tunberry tiff and From August 11, 1993 until present at 1050 Court, Mechanicsburg, Pennsylvania with Plain- plaintiff's mother and step-father. 6. plaintiff does not have any information of any custody proceeding concerning said minor child in any court in pennsylvania or any other state. 7. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other state. 8. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to her. WHEREFORE, plaintiff respectfully prays that your Honorable Court order that primary physical and legal custody of the minor child, RACHEL L. SUNDAY, continue with Plaintiff. to be DATE: March.il, 1995 Uhlrv ~ MAX J. SMITH, JR., Esquire Attorney for plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint 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 authori- ties. II . - II HA} 2 L 1l:i!15 jl I f.r>-'" I J,." .. . '1" '. , .J JANET L. SUNDAY, ) IN THB COURT OF COMMON Plaintiff ) PLBAS OF CUHBBRLAND ) COUNTY, PBNNSYLVANIA VS. I ) NO. 95-1434 CIVIL TBRM HICHABL R. SUNDAY, ) Defendant ) CUSTODY ORDER OF COURT AND NOW this ). ~t~ day of M J , , 1995, a hearing is hereby scheduled in - the above matter to be held in Court Room No.~__ of the Cumberland County Court House in Carlisle, Counsel Pennsylvania, commencing at j: 3() day of au C"A''-'',( , 1995. (J for each of the parties is directed to file with the Court and serve upon o'clock f2..m.. on hV~( ~...~~ the era.. 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. If either party intends to call a psychOlogist or other expert witness, they shall provide to the other party, through their counsel, the following information at least twenty (20) days prior to the hearing: (a) The name, address, and daytime telephone number of the expert witness: (b) A list of the expert's qualifications: and II I! . (cl A written report of the expert's findings in the case, specifically including any recommendations he or she will make to the court and any conclusions drawn from the expert's work. By the Court. Max J. Smith, Jr., Esquire Attorney for Plaintiff Thomas J. Williams, Esquire Attorney for Defendant +~foott.lt ~.... ~..J. ~/~'1/4S. ,.,J,j'. . ;rfiJ .J '(l ( .J/6{Jt./ (el ?J-J sla J. III 3 0 ~ .. !:: -< " '" I!I 3 .. ~ .. c:(l ~ :r. .. ~ :< ~ ~ 5 ~ >< >- :r: '" ~ g III 0 >- :r. lol z ;;l z = 0 lol ~< = " '" 0 ~ .... ~ or III z Z >- I>l " 0 " ~ " To ~ lol < ... " . . . -. MAY 2 2 1995 , I! II I I , JANET L. SUNDAY, Plaintiff ) ) ) ) ) ) ) l ., vs. IN THE COURT OF COttMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1434 CIVIL TERM CUSTODY MICHAEL R. SUNDAY, Defendant JUDGE PREVIOUSLY ASSIGNED: None CONCILIATOR CONPERENCE SlIHHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-Slb), 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 Rachel L. Sunday CURRENTLY IN CUSTODY OF Plaintiff/Mother BIRTHDATE 4 November 1988 2. A Conciliation Conference was held on 16 May 1995 and the following individuals were present: the Plaintiff and her attorney, Max J. Smith, Jr., Esquire: the Defendant and his attorney, Thomas J. Williams, Esquire. 3. Items resolved by agreement: None. 4. Issues yet to be resolved: An award of custody and a schedule for the same. 5. The Plaintiff's position on custody is as follows: The mother is scheduled to start a two-year graduate study program at Kutztown State College in August. She plans Ito move to Kutztown at that time with the parties' daughter who she will enroll in I Ischool there. She wants the court to set a schedule giving the father alternating iweekends and up to three weeks in the summer. I ! 6. The Defendant's position on custody is as follows: The father is not yet ! : certain whether he will oppose the mother taking the child with her to Kutztown or not. 1 ~ If he does, he will request primary physical custody with a schedule of time for the mother. If he chooses not to oppose the child'a move, he wants the mother to share in the transportation and he wants at least one-half of the summer each year. 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 Iconciliator. 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: These parties have been separated and divorced for several years and during that However, the parties do not live far apart and the father and his family have had rather flexible times with the child. Over the past year or so the pattern has been that the child spends most of !Ievery Saturday with her father. I !I The mother wishes to pursue a graduate course of study so she can be certified to teach, in an effort to improve her employment and career opportunities. She appears to have carefully researched the Kutztown area to select the best place to live and the best school district for her daughter. She claims she has arranged her class schedule so that all of her classes will take place while the child is in school and the child will not require any daycare. Up until now the mother has resided with her parents and the child. The father is a crop farmer who resides with his family and helps to operate their farm. His preference is that the child remain in the Cumberland Valley School District, where she is currently a kindergarden student. 2 II II II '.. I think it is highly likely the parties will resolve this by agreement. The father appeared simply to need more time to discuss this matter with his family. Otherwise, he seemed reluctantly to accept the mother's proposal. The main areas of difference are responsibility for transportation and plans for the summer. I have attached an order scheduling a hearing. If at all possible, the hearing should be held by the middle of JUly so that the parties can make whatever plans are necessary for the upcoming year. I honestly think the court could conclude this hearing in a half-day and, hopefully, one of our jUdges will have a schedule permitting a half-day hearing between now and mid-July. 18 Hay 1995 ~G?~ 1 L. An es Custody Conciliator 3 - JANET L. SUNDAY. ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 95-1434 CIVIL TERM MICHAEL R. SUNDAY, ) Defendant ) CUSTODY ORDER OF COURT AND NOW this day of , 1995, 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 . 1995. 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. If either party intends to call a psychologist or other expert witness, they shall provide to the other party, through their counsel, the following information at least twenty (20) days prior to the hearing: (al The name, address. and daytime telephone number of the expert witness; (b) A list of the expert's qualifications: and AND NOW, this ORDER OF COURT ,tta day of August, 1995, upon consideration of v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JANET L. SUNDAY, Plaintiff MICHAEL R. SUNDAY, Defendant NO. 95-1434 CIVIL TERM the attched letter, the hearing previously scheduled in this matter for August 9, 1995, is CANCELLED. BY THE COURT, Max J. Smith, Jr., Esq. P.O. Box 650 Hershey, PA 17033-0650 Attorney for Plaintiff Thomas J. Williams, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant - ~ ~J41.., 'if/lslrS'". ~,f :rc , \ ," \ ~ i~ :1') ,c" '-':\ t,__,", aUll Z9 10 29 AM '9S I i\ ~....... Cl t ICE. or T,'! . iliall~TAr.Y CUHlIt:H ~1I0 C('J~T1 Pr.H:~S'~1 '(:'H'~ " . JANET L. SUNDAY. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1434 v. MICHAEL R. SUNDAY. Defendant CUSTODY STIP1JLATION OF ClJSTODY THIS STIPULATION. made this 2.3 day of tk\C)t\~ f 1995, by and between JANET L. SUNDAY (hereinafter referred to as "Mother") and MICHAEL R. SUNDAY (hereinafter referred to as "Father"). WITNESSETH, WHEREAS, Mother, Janet L. Sunday is an adult individual who resides at 1050 Tunbeny Court. Mechanicsburg. Cumberland County, Pennsylvania. WHEREAS, Father, Michael R. Sunday is an adult individual who resides at 227 Rich Valley Road, Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, Mother and Father are the natural parents of RACHEL L. SUNDAY, born November 4, 1988. WHEREAS, Mother had filed a Complaint to Confirm Custody on March 20, 1995, a result of which a Custody Conference was held on May 16. 1995 before Custody Conciliator Samuel L. Andes, Esquire WHEREAS. a hearing has been scheduled before the Honorable J. Wesley Oler, Jr. on August 9, 1995. WHEREAS, the parties have reached an agreement and therefore desire to have this Stipulation incorporated into an Order of Court, thereby avoiding the necessity of the August 9 hearing. NOW, THEREFORE. the parties hereto mutually agree and stipulate as follows: I. Primary physical custody of Rachel L. Sunday shall continue to be with Mother. 2. The parties shall share legal custody of their daughter as that term is defined by 23 Pa. C.SA ~5302. . 3. Father shall be entitled to partial custody pursuant to the following schedule: (a) Every Saturday from 9:00 a.m. until 5:00 p.m. through Saturday, August 19, 1995. In the event Mother has custody of the child for vacation purposes, causing Father to be unable to ell:ercise custody on any Saturdays. a make-up day shall be mutually agreed between the parties. (b) Commencing Friday. September I. 1995. on alternate weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. (c) A total of fifteen (15) additional days during the summer of 1995, not more than seven (7) of which shall be consecutive. The precise days shall be mutually agreed by the parties. The times for any nonconsecutive days shall be from 9:00 a.m. until 5:00 p.m. Custody in future summers shall be as the parties may agree on as directed by the Court if the parties cannot agreement. (d) The parties shall share time with the child on major holidays at such times as they agree and arrange between themselves. (e) Father shall provide transportation for Rachel to and from all periods of partial custody. 4. Unless otherwise agreed to between the parties. Mother shall have physical custody of said child at all other times. 5. The parties agree that neither will utilize his or her rights with respect to the minor child to harass and interfere with the other party. The parties further agree that they will not harass or malign each other in the presence of the minor child, as both parties recognize that such conduct is detrimental to the best interests and welfare of the child. 6. Each party acknowledges that the Stipulation is fair and equitable. that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. This Stipulation and its legal effect have been fully ell:plained to the Plaintiff by her local counsel, MAX J. SMITH. JR.. Esquire. and to the Defendant by his legal counsel. THOMAS J. WILLIAMS. Esquire.