Loading...
HomeMy WebLinkAbout95-03348 t - j (,) c.J ~ , -7 . 3 e: ~ J (}O T ~ ~ --~ "'"' . -- ~ . -,' ~,... -, -- -.' ~ . , - ,-. ~ ,;~' ,,- ", P~";f ~ ., ~ _~-, '~ ')i ;SE~ _'. ~ - ._~', - "-': ". -' - -, ~ -~.-. , JUDITH CHRISTINE WILLIAMS, PLAINTn'.. I I I IN THE COURT 0.. COMMON PLIAS CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 3348 CIVIL TERM v. . . I STEPHEN ANDREW McCULLOUGH, DEP'BNDANT . . . . CUSTODY MEMORANDUM The Plaintiff, Judith Christine Williams (Mother), and the Defendant, Stephen Andrew McCullough (Father), are the parents of one (1) child, Owen Kenley Williams (age 1). Neither parent has any other children. The parties never married. Mother lives with her parents and siblings in Carlisle, Cumberland County, Pennsylvania. Father lives alone in Shermansdale, Perry County, Pennsylvania. Following a conciliation conference this court issued an order, dated August 10, 1995, granting Mother primary legal and physical custody of OWen subject to Father's periods of visitation and/or temporary or partial physical custody. The Order provided that Mother was to keep Father reasonably advised of the child's medical, educational progress and religious training. The Order also stated that it was anticipated that as the child grew older the custody arrangements would change. Father has attempted to be an integral part of his son's life. Mother has prevented and/or restricted Father's contact with OWen. On February 28, 1996 Father filed a Petition To Modify Custody seeking additional time with his son. A custody conciliation conference was held on April 16, 1996. No final custody schedule was reached at the conciliation. Mother agreed to allQw Father a small increase in his time with his son, but refused to allow Father to be alone with his son. Mother also agreed to take the child to Father's parents at least once each month. Mother has failed to take the child to Father's parents as agreed and ordered. On June 13, 1996 an order was issued setting this matter for a custody hearing on August B, 1996. Father would like additional unsupervised time with his son. He believes that he has an important role to play in his son's life and would like the opportunity to build a relationship outside of Mother's parents' home. Father has a strong extended family and would like to make OWen a part of his family. Father intends to have the following witnesses available for testimony: , Stephen Andrew McCullough: He will testify as to his abilities as a father and his desire to make his son part of his life. Judith Christine Williams: She will testify that Father has consistently exercised his visitation rights and that he has frequently requested additional custody periods. She will also testify that she has denied Father the right to take his son out of her parent's home. Naomi McCullough (Father's mother): She will testify as to her observations of her son with his child and his contact with other members of his extended family. She will also testify regarding Judith Christine Williams' statements regarding family. Dennis Sipe (Father's employer): He will testify as to Fathers work ethic, performance and reliability. Catherine McCullough (Father's sister): She will testify as to the reliability of her brother and the trust that she has in his supervision of her young son. Jen Fitz (Father's former landlord): She will testify as to Father's characteristics as a tenant and to his relationship with her small child. Father would like a regular schedule of every other weekend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. and at least one evening each week from 5:00 p.m. until 9:00 p.m.. He would also like to alternate holidays and have at least four (4) uninterrupted weeks during the year. Respectfully submitted, ~~.~ Attorney for Defendant : IN CUSTODY JUDITH CHRISTINE WILLIAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA : NO, 95-3348 CIVIL TERM V, STEPHEN ANDREW MCCULLOUGH. Defendant PRAECIPE FOR ENTRANCE OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff in the above-captioned action. if~hG D ed' ~)f~/ Keith 8, DeAnnond, Esquire 2800 Market Street Camp Hill, PA 17011 1.0,# 58878 (717) 730-9394 "'""~""- ~, , ~) .... ,. f.,', h,1 ~.". ! "'J ..~-j ,;?1 l.!'; ~: .", tit'.' C:--, i~) C;:.,. JA r:";. "t ..,- ~~' . " ..'J ....,. .0;-.. ;(> < . jri\ ~: Po " :'::1 '-'1 jj .-. '< . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-334B CIVIL TERM JUDITH CHRISTINE WILLIAMS, Plaintiff STEPHEN ANDREW McCULLOUGH, Defendant IN CUSTODY J AND NOW, this '!J ORDER day of , 1996, upon drawal Appearance consideration of the aforegoing Petition to of Kristin R. Reinhold, Esquire, it is hereby ordered and decreed that the Petition is granted/<h..l.:.d. orge E. Hoffer () C' .- :tJ :!o~.. D,/._~ t;,.a<t ~";:; /i;' ._r ;1";" -.- s::: i;' .- \.Q C-, 0 c... "r, t~ :;J , :,;;!].. l:..>.';?gJ- "". <) ~ '. ."I':~., ::::-i-",q -... ,.r:::; .. \,jff} "'J ;,~'I (.j ,.:to ~ -; -.. t,loo. JUDITH CHRISTINE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3348 CIVIL TERM v. STEVEN ANDREW McCULLOUGH, Defendant IN CUSTODY PETITION TO WITHDRAWAL APPEARANCE TO THE HONORABLE GEORGE E. HOFFER: 1. The Petitioner is Kristin R. Reinhold, Esquire, counsel of recQrd for Judith Christine Williams, Plaintiff in the above-captioned matter. 2. The above-captioned matter is a custody action. 3. The present action was instituted by a Petition to Modify, filed by the Defendant, Steven Andrew McCullough on February 2B, 1996. The parties were unable to reach an agreement at the custody conciliation held before custody conciliator Dawn S. Sunday, Esquire, on April 16, 1996. A custody trial has been scheduled before the Honorable George E. Hoffer on August B, 1996. 4. Plaintiff, Judith Christine Williams, has indicated to counsel that she no longer wishes counsel to represent her in this matter. Plaintiff Judith Christine Williams has indicated to counsel that she does intend to rete in new counsel sometime in the future. 5. Counsel's withdrawal from this matter can be accomplished without material adverse affect on the interest oi the Plaintiff Judith Christine Williams as Plaintiff has approximately seven weeks to obtain new counsel to represent her in this matter. WHEREFORE, your petitioner respectfully requests this Honorable Court enter an Order granting her permission to withdrawal as counsel for Plaintiff in the above-captioned matter. Date: ~/dL/ J q L Respectful submitted, The Law 0 ices of Silliker & Reinhold Esquire JUDITH CHRISTINE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3348 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. STEVEN ANDREW McCULLOUGH, Defendant CBRTIFICATB OF SBRVICE The undersigned, Beth L. Lengel, hereby certifies that a copy of the Order and Petition to Withdrawal Appearance was served uPQn Judith Christine Williams on June 25, 1996, by first-class mail, postage prepaid, addressed as follows: Judith Christine Williams 3903 Chestnut Street Camp Hill, PA 17011 Date: t;! ';/t.(/c;& f , L~ lt8. ~ , I \ i .... . ~ 'I;., ~~ ~ r- 1-": c;;: ~ ~: .. ::).~ ~;;: .:1 lJa._; ~ :r: (>J-:~ ~~-; Cl_ ':1~j (..' .D ,:fn i r; .u. (~ .'"1;;-: . J#_.) ft\!: - ;:Im =-::i ~ ..., tQQ; ...~ ". '0 a 0 1;1) \i) ~ ~ c; ;:: Q ~ <$;1 Q -<5 ~ ~~g~ !3 ~~"'~!: ....CI.l z,... oIlI~~i:5; z<..z el ~l;;d~ :IIll1:~~e:; :3 < Ill'" ~ !!.!~ _ cr: en cr: < :: , - ; SII.L1KER " REINHOLD... I) 7 ^T'IORNI'YS ^lI.^W ""''' r 1!l96 lfJ.l sTAn STRI'H ,JrYl "^RRISHlIRCi, l'I'NSSYII'^lil^ 17101 1<- T HFI'II11SI' 171';, m.llIOO .. .-' "" v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 95-3348 CIVIL TERM S 1995 I I CHILD ACTION - LAW : CHXLD CUSTODY I I r JUDITH CHRISTINE WILLXAMS, Plaintiff STEPHEN ANDREW MCCULLOUGH, Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of JACK HARDY, ESQUIRE, Attorney at Law, on behalf of defendant, Stephen Andrew McCullough, in the above-captioned matter. By: ardy, 4540 Olde English Gap 845 Sir Thomas Court Suite 11 B Harrisburg, PA 17109 (717) 541-4400 DATE:~ r .... CERTIFICATE OF SERVICE I, JACK HARDY, ESQUIRE hereby certify that on this date I served a copy of the Entry of Appearance by placing the same in the United States Mail, First Class, postage prepaid in Harrisburg, pennsylvania, addressed to the following: Kristen R. Reinhold, Esquire Silliker & Reinhold 204 State Street Harrisburg, PA 17101 Date: (\~l ~S Samuel L. Andes, Esquire Andes, Vaughn & Bangs 525 N. 12th Street Lemoyne, PA 17043 By: l ardy Atto ney at Law IDI 34540 845 Sir Thomas Court Olde English Gap Suite 11 B Harrisburg, PA 17109-4B43 (717) 541-4404 ~, '. '..-l.' ,'. i" _:.:f,rl .. -;.:. :2_~ , ... . '- c: .- c..w ;;:: .- to ,W .CD ~ ~ , ,,, ! AUG C S :835 .j:'"...' JUDITH CHRISTINE WILLIAMS, Plaintiff ) ) ) ) ) ) l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-334S CIVIL TERM CUSTODY vs, BTBPHEN ANDREW McCULLOUGH, Defendant AND NOW, th10 {O "'do' .1 , 1995, upon consideration of the conciliator's report, it appearing that the parties agreed upon the terms of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: 1. Primary legal and physical custody of the minor child, Owen Kenley Williams, born June 4. 1995, is hereby awarded to his mother, the Plaintiff. Judith Christine Williams. The mother shall be responsible to keep the father reasonably advised of the child's medical condition. educational progress, and religious training when and if that becomes appropriate in the future. 2. The father shall have the right of visitation with the child, at the mother's Ilhome or otherwise under the mother's supervision, every Tuesday from 7:00 p.m. until 'I 9:00 p.m. In addition, the father shall have such additional periods of temporary or partial custody as the parties may mutually agree in the future. Ii II 3. The parties recognize that this order is entered at a time when the child is Ii IlonlY two months or less of age and anticipate that, as the child grows older. their II arrangements for custody and partial or temporary custody of the child will change. liAcCOrdinglV. in the event that at any time in the future the parties cannot agree upon I, Ii 1 .- , any .odification of the schedule set out in this order, either party shall be free to request the court, or the conciliator, to review this matter further and set an appropriate schedule. By the Court, J. Kristin R. Reinhold, Esquire Attorney for Plaintiff c,r" d ~ 8'/1I19~' oi, f. - Jack Hardy, Esquire Attorney for Defendant ". ~~< :::-. c:: L"> ..-, ' = .,) , , ~. . N C', ",~ = ".,." ~. ::0;' - c..o ....., sla 2 ~ IN THB COURT OF COMHON PLEAS OF CUHBBRLAND COUtITY, PBNNSYLVANIA NO. 95-334B CIVIL TBRM JUDITH CHRISTINB WILLIAHS, Plaintiff ) ) ) ) ) ) ) CUSTODY vs. STBPHBN ANDRBW HcCULLOUGH, Defendant JUDGB PRBVIOUSLY ASSIGNBD: None (No Judicial Conflicts) CONCILIATOR CONFERBNCB SIItItIAllY RBPORT IN ACCORDANCB WITH CUHBBRLAND COUNTY RULB OF CIVIL PROCBDURB 1915.3-S(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: I NAHB BIRTHDATB CURRBNTLY IN CUSTODY OF Owen Kenley Williams 4 June 1995 Plaintiff/Hother ,I 2. A Conciliation Conference was held on 1 August 1995 and the fOllowing I lindividuals were present: the Plaintiff and her attorney, Kristin R. Reinhold, I Bsquire; the Defendant and his attorney, Jack Hardy, Bsquire. I 3. This is an action involving a very young baby. Commendably, the parties were able to reach agreement which made further proceedings unnecessary. Also cOMmendably, both parties were able to recognize that this agreement is only valid while the child is young. 4. The attached order was dictated in the presence of the parties and approved by them. With the entry of this order. no further proceedings are necessary at this time. ~~ el L. Andes Custody Conciliator I B August 1995 I, ,I " '. - \i. JUDITH CHRISTINE WILLIAMS, I IN THE COURT OF COMMON plaintiff I PLEAS OF CUMBERLAND I COUNTY, PENNSYLVANIA vs. I I NO. 95-3348 CIVIL TERM STEPHEN ANDREW McCULLOUGH, I Defendant ) CUSTODY ORDEIl AND NOW, this day of , 1995, upon consideration of the conciliator's report, it appearing that the parties agreed upon the terms of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: 1. Primary legal and physical custody of the minor child, Owen Kenley Williams, born June 4. 1995, is hereby awarded to his mother. the Plaintiff. Judith Christine Williams. The mother shall be responsible to keep the father reasonably advised of the child's medical condition, educational progress, and religious training when and if that becomes appropriate in the future. 2. The father shall have the right of visitation with the child, at the mother's home or otherwise under the mother's supervision, every Tuesday from 7:00 p.m. until 9:00 p.m. In addition, the father shall have such additional periods of temporary or partial custody as the parties may mutually agree in the future. 3. The parties recognize that this order is entered at a time when the child is only two months or less of age and anticipate that, as the child grows older, their arrangements for custody and partial or temporary custody of the child will change. Accordingly. in the event that at any time in the future the parties cannot agree upon 1 r ~ . c ... any IOdification of the schedule set out in this order. either party shall be free to request the court, or tbe conciliator, to review this matter further and set an appropriate schedule. By the Court, J. Kristin R. Reinbold, Esquire Attorney for Plaintiff Jack Hardy, Esquire Attorney for Defendant sla .., ., ~ 0 rn ~ .. ill .. .. < !:l Ii; ~ j :r. :r. .. ~ :< -< ~ a ~ ...i .. >- >- 0 III Iol ~ .. :r. ..l :r. d :r. ill III .. Iol :J 0 ~ 0: ll. ~ .. .; :.: 0 '" :r. ~ " >- N 0 " X Iol .. . . ~ - AULi \.,;.. ."" ".Jl ... ,), . '_1'" : f." ~ ....~: . _~_.'~~_"_~.....:.__, , . * JlArti~1 (\,(. ~"'11' W, Hi..... :IN 'l'HE COUR'l' OF COMMON PLEAS OF Plaintiff :CUHBERLAND COUN'l'Y, PENNSYLVANIA . . V :CIVIL AC'l'ION - LAW . * Stf"Ph~ 1lIl'\f1..... M( (",110",)/1 ;NO. 15'-'33LIF CIVIL 19 Defendant :CUS'l'ODY/VISI-'l'A'l'ION ORDER OF COUR~ /'lIt>.- r d, 5"; Here, AND NOW, this (date) , upon consideration of the attached complaint, it is hereby directed th t the partieq ang their respective counsel appear before c:......" .s. .5",..."... t. the conciliator, at AC.j Lt). (1'1..;" S.t. ('I7,-d,t.,,;, "',,5 on the I b t." day of I-Je" I , 19 fl-, at '/:0(/ .1.}.-. H., for a Prehearing Custody ConIerence. At such conference, 'n 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 temporazy order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entzy of a tempqrary or permanent order. , FOR 'l'HE COURT: By' t2.~cdt.r c~ YOU SHOULD 'l'AKE 'l'HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO'l' HAVE A LAWYER OR CANNO'l' AFFORD ONE, GO TO OR TELEPHONE 'l'HE OFFICE SE'l' FOR'l'H BELOW TO FIND OU'l' WHERE YOU CAN GE'l' LEGAL HELP. OFFICE OF THE COUR'l' ADHINIS'l'RA'l'OR COUR'l'HOUSE, FOUR'l'H FLOOR CARLISLE PA l70l3 (7l7 )240-6200 I, I ! .:= " ~F::~i~. ~:~:C'~ r-o - _. 4..., ~ J' ' ~. HI' ("'. ! I . . ,_ .,J l jl .;:. j I'; ".'''';'::'",_,'''' . 'I i 1...1........,. ", ; -. ,-,,,,, ,... ..... US'ti M.~p;,N.4 >&JI 3'/P .'1(, '7~ J~ d. 4' ,a;~1/ 3'11 0/(, &r1 ~I j. ()'~i tP . . ..._'~.....~... ..--:'..... JUDITH CHRISTINI WILLIAMS, Plaintiff IN THB COURT or COMMON PLBAS CUMBBRLANDCOUNTY, PBNNSYLVANIA Defendant I I I I I I I I I ~O. 95-3348 CIVIL TBRM v. STBPHBN ANDRIN McCULLOUGH, CUSTODY ACTION ORDBR You, Judith Christine Williams, have been sued in Court to modify custody, partial custody or visitation of the child: OWen Kenl~v Williams. You are ordered to appear in person before at on conciliation conference. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you, or the Court may issue a warrant for your arrest. at M. for a 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. Office of the Court Administrator Courthouse, 4th Floor Carlisle, Pennsylvania 17013 Telephone No. (717) 240-6200 FOR THE COURT, ~ JUDITH CHRISTINI WILLIAMS, Plaintiff IN THB COURT or COMMON PLBAS CUMBBRLANDCOUNTY, PBNNSYLVANIA Defendant I I I I I I I I I NO. 95-3348 CIVIL TBRM v. STIPHBN ANDRIN McCULLOUGH, CUSTODY ACTION PBTITION TO MODIFY CUSTODY ORDER 1. The Plaintiff is Judith Christine Williams residing at 3903 Chestnut Street, Camp Hill, Cumberland County, PA 17011. 2. The Defendant is Stephen Andrew McCullough, residing at 2258 Ruby Road, Harrisburg, Dauphin County, PA 17104. Respectfully submitted The Defendant seeks to Modify the Order dated August 10, 1995 by providing for unsupervised specific periods of Temporary Physical Custody and providing that he be granted joint Legal Custody of his child. -rA'''''UUJ D. J}J11,dJ Thomas D. Gould, Esquire ID #36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 ..' VlRIFICATION I , Stephen A. McCullough, hereby certify that the foregoing PBTITION TO MODIFY CUSTODY ORDER is true and correct to the best of my knowledge, information and belief. 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. DATED: ~'/~1/?~ j / . ,1i:~j' i .j ;'i : ! ~ ... . . AUG G 9 1995 V JUDITH CHRISTINE WILLIAHS, I IN THE COURT OF COHHON Plaintiff I PLEAS OF CUHBERLAND I COUNTY, PENNSYLVANIA vs. I I NO. 95-334S CIVIL TERH STEPHEN ANDREW HcCULLOUGH, I Defendant I CUSTODY ORDER . AND NOW, this /o.tlv day of ~ ' 1995, upon consideration of the conciliator's report, it appearing that the parties agreed upon the terms of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: 1. Primary legal and physical custody of the minor child, Owen Kenley Williams, born June 4, 1995, is hereby awarded to his mother, the Plaintiff, Judith Christine . . . Williams. The mother shall be responsible to keep the father reasonably advised of the child's medical condition, educational progress, and religious training when and it that becomes appropriate in the future. 2. The father shall have the right of visitation with the child, at the mother's . . .:. home or otherwise under the mother's supervision, every Tuesday from 7:00 p.m. until 9:00 p.m. In addition, the father shall have such additional periods of temporary or partial custody as the parties may mutually agree in the future. 3. The parties recognize that this order is entered at a time when the child is only two months or less of age and anticipate that, as the child grows older, their arrangements for custody and partial or temporary custody of the child will change. Accordingly, in the event that at any time in the future the parties cannot agree upon I IS/ ~" ,f' ~ J. - /. -.. . . any modification of the schedule set out in this order. either party shall be free to request the court. or the conciliator. to review this matter further and set an appropriate schedule. . By the Court, Kristin R. Reinhold. Esquire Attorney for Plaintiff Jack Hardy, Esquire Attorney for Defendant ." '. In T~;'~~.. ~?~~ FP.l:'M RECORD d : . II ;,..F. I h. m ll~to SJt my hand or. the seal AB.d Courl al Carlisle, Pa. This .......I.~..... day Of".....~..... ....... 19..1.:f. ~ . ................. . . . ~~ .. . . ....t:1.................01.l<..<...._H "l)fIi.' Prol~onolary . . 8111 '(".:'. .~.\...., .. . ~,";~:~;~".; 0,," i'i <7' ...~,. t.; u\ J..~ Ul[: . l:~ C .-. ..J: , r;: ~ ' ,-.-. ~.,: l.(" ; ;:! 0(: I' ro ((? ~F <,' ,; c;:" r:"' ,':rJ i" 1.1 'c.., L... ... ,'=' ~j (J GI U . . . " -- .::> /IT/wIII"J- @. ~qrmkt A1Tom'lCY AT lAW 2 [ MAIN ~;fn[f. T SHIRl-M.A.t~~-.'OWN PA 17011 717-7~1-14r.1 " '. . -' l 0 ~ ti !: ~ ijj .. II! z ~ ~ < Iii ~ T >- 0 Pi '" z .. J ~ :c In " 0 0': ~ " I: '" X ;;: < N II! % In . . . ,-?:! . 4 . . JUDITH CHRISTINE WILLIAMS, Plaintiff IN THE COURT OF Ca1MON PLEAS OF CUMBERLAND COUNTl!, PENNSYLVANIA vs. NO. 95-3348 CIVIL TERM STEPHEN ANDREW McCULLOUGH, Defendant IN CUSTODY OODBR OF cam AND ~, this /3 'k day of consideration of the attached Custody conciliat on directed as follows: I. A Hearing is scheduled in Court Room nurrber ..3 , of the Currberland County Court House, on the f3 ,rel day of AU(AUA-, 1996, at /:3.:) o'clock, -.I2.m., at which time testimony wil1 be;Jtaken in this case. At this Hear~, the Father, Stephen Andrew McCullough, will be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody and also setting forth a list of witnesses who will be called to testify at this Hearing along with a SUlllllSry of the anticipated testimony of each witness. This memorandum shall be filed at least ten (10) days prior to the Hearing date. , 1996, upon s ordered and 2. Pending the Hearing, this Court's prior Order of August 10, 1995 shall continue in effect with the following modification: A. The Father shall have visitation with the Child at the Mother's residence every Tuesday from 5:00 p.m. until 8:00 p.m. B. During one weekend each month, the Mother shall transport the Child on saturday morning to the paternal grandparents' residence in Media, Pennsylvania where the Child shall remain, (unsuperviSed by the Mother) until late afternoon or evening of the following Sunday in the paternal grandparents' care. The Father shall have unlimited contact with the Child during these weekends while the Child is in the paternal grandparents' care. The. Mother shall provide all transportation for purposes of this provision. The times and dates for the weekend periods of custody shall be arranged by the parties. , 3. The parties agree that they shall cooperate with eachother in undergoing drug testing at the other party's request prior to Hearing. (") .- ;--~ .,.,1 ni' ;:;::> ,,-n 0' r_ c:: cc: Kristin R. Reinhold, Esquire Thomas D. Gould, Esquire u<- -' . !:= : " ~;:t. :J~; :d '" 0:> o ~;1 =:J t'>'::'J ". :,ITl :")9 ~o .--1] '~~5 .~)rn ::1 .;; :::.; CJ " r_ " JUDITH CHRISTINE WILLIAMS, . IN THE COURT OF CQ'\MON PLEAS OF . Plaintiff : CUMBERLAND cotJNTY, PENNSYLVANIA : vs. . NO. 95-3348 CIVIL TERM . . . STEPHEN ANDREW MCCULLOUGH : Defendant . IN CUSTODY . PRIOO JUDGB: George B. Hoffer aBroDY aH:ILIATICIf 5lMlARY RBl'(Rl' IN AaDUlANCB wrm l>>IBBRLAND CXXHlY R1ILB OF CIVIL PRe- .",,~ 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The relevant information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Owen Kenley Williams June 4, 1995 Plaintiff/Mother 2. A Conciliation Conference was held on April 16, 1996 with the following individuals in attendance: The Mother, Judith Christine Williams, with her counsel, Kristin R. Reinhold, Esquire, and the Father, Stephen Andrew McCullough, with his counsel, Thomas D. Gould, Esquire. 3. This Court's prior Order dated August IO, 1995 was entered as a result of an agreement reached by the parties at a prior Custody Conciliation Conference and awarded primary physical and legal custody to the Mother with the Father to have visitation with the Child at the Mother's hane on Tuesday evenings from 7:00 p.m. until 9:00 p.m. The Order recognized that the visitation schedule would change as the Child grows older as the Child was only two (2) months old at the time of the initial Conference. 4. The Father Order to obtain expanded custody of the Child. filed this Petition to Modify the August IO, 1995 and unsupervised partial custody and joint legal 5. The Father's position on custody is as follows: The Father would like to have additional periods of custody with the Child which can occur away from the Mother's residence. The Father stated that it is distracting at the Mother's residence as older children play video games and other activities in the same room. The Father stated that he is able to care for the Child's needs and has experience in changing diapers and feeding small children. The Father strenuously denied the Mother's allegations regarding current drug use by the Father. The Father proposed a gradually expanding partial custody schedule which would ultimately result in periods of weekend overnight custody. The Father expressed willingness to submit to drug testing either prior to expanded visiation or a Hearing if necessary. 6. The Mother's position on custody is as follows: The Mother stated that she would not agree to anything but supervised visitation in her home. The Mother expressed concern regarding her belief that the Father has been and continues to be involved in serious drug use. The Mother stated that the Father's housing is unsuitable and that he has an unstable background regarding frequent changes in jobs. The Mother indicated that the Father is not very attentive to the Child when he visits as told to the Mother apparently by the Maternal grandmother who is frequently present during the Father's periods of visitation. The Mother was not willing to consider the Father's request for substantially expanded supervised visitation because it would inconvenience her or her Mother to be present during additional times. 7. The Conciliator found the Mother's position to be somewhat unreasonable in that she is not willing to allow the Father to spend significantly more supervised time with the Child in her home because it would interfere with her schedule but, on the other hand, would not consider the Father taking the Child out of the home for short periods during which the Mother would not need to be available. It should be noted that this Conciliation Report and proposed Order were held in the Conciliator's office pending the Mother's request that she be given further time to consider additional periods of supervised visitation and also the possibility that she would agree to unsupervised visitation after agreed upon drug testing by the Father in lieu of a Hearing. However, in a recent cOlllnunication with the Mother's counsel, the Conciliator was advised that a hearing will be necessary in this matter. 8. The parties were arrangements pending the Hearing, Order. able to agree to temporary visitation as reflected in the attached recommended Date ~ ID, /9.9(, . (a"n\~f(a.7 Dawn S. Sunday, Eaqu re custody Conciliator ~~ ~~~ :::l ... i~~1 ~:::l ~t ~ ~.~ I [;1 ~ ~ ~.. ~; ~~ r~ (, ,OIl < . 11 .5 ": I ~ II 1Ot":i~ i~~~ ~~'l ~'3 ; . I ~'S = "'~ ~i~ !!Il "'- .. ~ I ~~~ ~ ,. . ,. - .. .. .. '. .. 'jUN 'I ? _\f . " ... .. , JUDITH CHRISTINE WILLIAMS, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO]N~~ PENNSYLVANIA 93". .33~$' c.4.4r ~"1 NO. S 1995 STEPHEN ANDREW MCCULLOUGH. Defendant CHILD ACTION - LAW CHILD CUSTODY o R D E R AND NOW, this ~L"j., day of -/.....n,.. ,1995, in consideration of the attached Complaint, it is hereby directed that the parties and }hetr respective counsel, shall al'''rr before S<'112';,r-' I (/t""'l~t., the Conciliator, on the Is" - day of I<'hL,:;,f . 995, at 4P .m.. at .SDS- N. I':}..th 50/, L.,~l"Y'\thl n t'- Ol~ t for a Pre-Hea'ring 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: Dated: .b" 30-<., By: 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 One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 JUl 3 3 27 PH '95 '}f ~; .. : ; 'Cf ~::. '.I ." . ..1'-:1, t.\r,y , ". , . ,,(;j ::": ',; y '. '.' i~.' ,., .~ 7/,3/9'5 ~. d {0/7 ~a.4; z ~ a.~~ i/3(95 71Mtu /tt;.;M -e .-:bH 7/3/95' tJ,f/I ~ ~ ;?i~ # . '. . JUDITH CHRISTINE WILLIAMS, Ph,intiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. S 1995 STEPHEN ANDREW MCCULLOUGH, Defendant CIVIL ACTION - LAW CHILD CUSTODY NOT I C E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you. including child custody, or child visitation. 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 One Courthouse Square Carlisle, Pennsylvania 17013-3387 Telephone: (717) 240-6200 ~ . JUDITH CHRISTINE WILLIAMS, Plainti ff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. S 1995 STEPHEN ANDREW MCCULLOUGH, Defendant CIVIL ACTION - LAW CHILD CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW comes the Plaintiff, Judith Christine Williams, by and through her attorney, Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court award her custody of the subject minor child, and in support thereto, avers the following: 1. Plaintiff is Judith Christine Williams, an adult individual residing at 3903 Chestnut Street, Camp Hill, Cumberland 2. Defendant is Stephen Andrew McCullough, an adult County, Pennsylvania. 17011. individual residing at R.D. 1. Box 271, New Bloomfield, Perry County, Pennsylvania. 17068. 3. The subject minor child is Owen Kenley Williams, date of birth June 4, 1995. 4. The relationship of the Plaintiff to the subject minor child is that of natural mother. 5. The relationship of the Defendant to the subject minor child is that of natural father. li , ., . 6. The minor child has resided with the Plaintiff, Judith Christine Williams, his natural mother, along with his maternal grandparents, Chrissy D. Williams and William E. Williams, as well as his two maternal uncles, Corbin R. Williams and Stewart R. Williams, since the time of his birth at 3903 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania. 7. There have been no prior actions for custody of the subject minor child in this or any other jurisdiction. 8. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 9. The Plaintiff believes, and therefore avers that she is much better able to meet the needs of the subject minor child than the Defendant. 10. The Plaintiff believes, and therefore avers that it is in the best interest of the subject minor child that he be placed in her legal and physical custody. j ., . . WHEREFORE, Plaintiff requests this Honorable Court award her custody of the subject minor child. Date: C, /"::)0 / (1 )j- f I Respectful di R. SIL IKER. RE HOLD LAW OFFICES 204 State Street Harrisburg, PA 17101 (717) 233-1000 1.0. No. 57911 Attorney for Plaintiff, Judith Christine Williams . - . . . A P rID A V I T I, ."), ,-\ ,II, (' . \., "..,r,Y\5 , hereby certify that the afore going is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of'19 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: In. IC', _c-\~ ()'r'1 " \:\:', ~ '- " \ " .\ \: '- '- C-,('i\ '" "C <>- '" .... ("r') - ~ . ~ - ) \~ ~~ \~ ~~ ~~ .~ \) ~ ",'" "1.- h'~::: ~:."} ':":! ~:;;::;;r. r~ ;t:r)} ,:~ ,'~::i ~~! t~.... ~ _I (JI _I <~ ..;;::'1': , ,1.,J4-': I ~. J t ~ .;.,;;.... ,...:1 0(-" ~ k~ Qr"6 ~~ c; Q ;:: ..:I - Q <2 ~~lii~~ tl~III~::l Dl < !'=i:;F:' cnliiZ- oIlI~~ffi~ :i ~~Il:~ ~~i5~~ ..:I ",III - -I- III ..: ..: < :c , . . SILLlKER " R AlTORNEYS ,EINHOLD 21M'S . .~T1.AW IfARRISRlIRO' TATE ~TnEET . PENNSYI TEI.F.PlfONE pi, .VANIA 1'101 ) 2)).1000 .' " JUN 2 3 1995 W AUG 06 1996 tf JUDITH CHRISTINE WILLIAMS. , Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : NO. 95-3348 CIVIL TERM V. : IN CUSTODY STEPHEN ANDREW MCCULLOUGH. Defendant ORDER , AND NOW. this day of August. 1996. the hearing scheduled in the above /' r" captioned matter for 1:30 P.M on Thursday. August 8. 1996. is hereby rescheduled for - o'clock _.M, on the day of . 1996 BY THE COURT. J. - -- . .. JUDITH CHRISTINE WILLIAMS, PlaintitT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3348 CIVIL TERM V. IN CUSTODY STEPHEN ANDREW MCCULLOUGH, Defendant MOTION FOR CONTINUANCE I. Movant, Judith Christine Williams, has retained Keith B. DeArmond. Esquire to represent her in the above referenced mailer. 2, A hearing in the above referenced mailer has been scheduled for August 8, 1996 at 1:30 P,M, 3, Movant was fonnally represented by Kristin Reinhold, Esquire, 4. Movant recently retained Keith B. DeArmond, Esquire as her allorney. 5. Movant's present counsel did not receive a copy of Movant's file from Attorney Reinhold until late last week. 6. Counsel was unaware of the hearing until receipt of Movant's file and is unable to adequately prepare for said hearing. 7. As Counsel was not in receipt of the Order scheduling the aforementioned hearing, Counsel has not prepared the required Memorandum. 8, Counsel has contacted Thollllls Gould, Esquire allorney for the Defendant, and Attorney Gould does not concur with this motion .'~ - '., Page 2 WHEREFORE, Movant, Judith Christine Williams, respectfully requests this Honorable Court to reschedule this matter so her counsel can adequately prepare. Respectfully submitted, DeArmond & DeArmond 4fzW A_ / Keith B. DeArmond, Esquire ID #58878 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 DATE: i~", 1.'.' '- ) - I t: ~ t::':,j ". . C~[: \JtC; ..1\,. li:, I II. L> .... ;- .., ,-- u: , , I (' j ) ;; !td ..~ (\. "- 1;1 t.. ' ,I U f_;'., '. . ~ ~ ":i A ; ;; , ",'I,ll,' I; ,. ""l"",J"Y ., l; '. ,J.O'/' - ~ .",. .. JUDITH CHRISTINE WILLIAMS, . Plaintiff v, STEPHEN ANDREW MCCULLOUOH, Defendant /\U(i 0 G 1996~ . IN Till! COUllT OF COMMON PLEAS OF : CIJMIlI!IU.ANI> COIJNTY,I'ENNSYLVANIA : NO IIS..Il-11l CIVil, TBI\M . IN CUSTOI>Y ORDER AND NOW,thla day of AugUII, 1996,tho hearing scheduled in the above captioned mailer for 1:30 P,M on Thursday, Augult 8, 1996, il hereby rescheduled for o'clock _.M. on tho day of -' 1996 BY nm COURT, J. . JUDITH CHRISTINE WILLIAMS, Plaintiff ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95.3348 CIVIL TERM V. IN CUSTODY STEPHEN ANDREW MCCULLOUGH, Defendant MOTION FOR CONTINUANCE I. Movant, Judith Christine Williams, has retained Keith B. DeArmond, Esquire to represent her in the above referenced matter. 2. A hearing in the above referenced matter has been scheduled for August 8, 1996 at 1:30 P.M. 3. Movant was fonnally represented by Kristin Reinhold, Esquire. 4. Movant recently retained Keith B, DeArmond, Esquire as her attorney. 5. Movant's present counsel did not receive a copy of Movant's lile from Attorney Reinhold until late last week. 6. Counsel was unaware of the hearing until receipt of Movant's lile and is unable to adequately prepare for said hearing. 7. As Counsel was not in receipt of the Order scheduling the aforementioned hearing, Counsel has not prepared the required Memorandum. 8. Counsel has contacted Thomas Gould, Esquire attorney for the Defendant, and Attorney Gould does not concur with this motion Page 2 WHEREFORE, Movanl, Judith Chrisline Williams, respectfully requests this Honorable Court to reschedule this mailer SIl her counsel can adequately prepare. Respectfully submitted, DeArmond & DeArmond /qW A_ / Keith B, DeArmond, Esquire ID 1/58878 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 DATE:_i*" \ \ , JUDITH CHRISTINE WILLIAMS, . Plaintiff V. STEPHEN ANDREW MCCULLOUGH, Defendant IIUG 06 lOOfitf : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-3348 CIVIL TERM : IN CUSTODY ORDER AND NOW, this day of August, 1996, the hearing scheduled in the above captioned matter for 1:30 P.M on Thursday, August 8, 1996, is hereby rescheduled for o'clock _.M. on the day of . 1996 \ BY THE COURT, J. I. .;' ,..;." JUDITH CHRISTINE WILLIAMS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3348 CIVIL TERM V. IN CUSTODY STEPHEN ANDREW MCCULLOUGH, Defendant MOTION "'OR CONTINUANCE I. Movant, Judith Christine Williams, has retained Keith B, DeArmond, Esquire to represent her in the above referenced matter, 2. A hearing in the above referenced matter has been scheduled for August 8, 1996 at 1:30 P.M 3. Movant was formally represented by Kristin Reinhold, Esquire. 4. Movant recently retained Keith B. DeArmond, Esquire as her attorney. 5, Movant's present counsel did not receive a copy of Movant's file from Attorney Reinhold until late last week, 6. Counsel was unaware ofthe hearing until receipt of Movant's file and is unable to adequately prepare for said hearing. 7. As Counsel was not in receipt of the Order scheduling the aforementioned hearing, Counsel has not prepared the required Memorandum. 8, Counsel has contacted Thomas Gould, Esquire attorney for the Defendant. and Attorney Gould does not concur with this motion ~, . ~ Page 2 WHEREFORE, Movant, Judith Christine Williams, respectfully requests this Honorable Court to reschedule this matter so her counsel can adequately prepare, DATE: i~c., Respectfully submitted, DeArmond &. DeArmond kW A_ / Keith B. DeArmond. Esquire ID #58878 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 q)6~~q)6~ ATTORNEYS AT lAW 2800 MARKET STREET CAMP Hill. PA 17011 '. Thomas D. Gould, Esquire 30 West Main Street Shiremanstown, PA 17011 ... '. .' .Ii' . ',. -.. " ~ .. , 1:.: (~ \ ;.j, ""-~.':; .' ." '- ~ '. . ,.. ~.... ~ -.-.. , \ 1..:,..,.,.....___..__ i- '.-0. , -, . . . , , .- \ I '. '-~~...;.....'" --::- .' .. -... Q>.. ~lIWnd ~Q>.. ~"d ATTORNEYS AT LAW 2800 MARIIET STREET CAMP HILL, PA 17011 /.; (' \..r: "'. -.. ~-- ---. . Law Office of DeArmond & DeArmond 2800 Mar.ket Street Camp Hill, PA 17011 " '. . '. , .... , , , ..--. '" - \ \ .... -~--.-~~. --..:..- . ,. r JUDITH CHRISTINI HILLIAMS, Plaintiff IN THB COURT or COMMON PLIAS CUMBBRLANDCOUNTY, PENNSYLVANIA I I I I I I : I I v. NO. 95-3348 CIVIL TIRM STBPHBN ANDRIN McCULLOUGH, Defendant CUSTODY ACTION CUSTODY ORDBR AND NOW, August 8, 1996, the parties having appeared for hearing with their respective counsel, Keith B. DeArmond, Esquire, for the Plaintiff, and Thomas D. Gould, Esquire, for the Defendant, and having reached an agreement between Judith Chri.tine Willi..., hereinafter referred to as Mother, and Stephen Andrew McCullough, hereinafter referred to as Father, the following Order of Court is entered: I. Mother and Father shall share legal custody of the child, OWen K. Williams, born June 4, 1995, which means that each party is to have equal access to the child's personal, school and medical records and each party is to inform the other of significant events that occur in the child's life. Each parent shall have access to medical, dental and school records, 2. The parties shall share physical custody of the child. a. Mother shall have primary physical custody of OWen subject to Father's periods of partial custody. b. Beginning Saturday, August 17, 1996, Father shall have OWen from 10:00 a.m. to 6:00 p.m., on Saturday, August 24, , , 1996, from 10100 a.m. to 6100 p.m.; on Saturday, August 31, 1996, and Sunday, September 1, 1996, from 10100 a.m. to 6100 p.m. (the child shall not stay overnight Saturday); Saturday, September 14 at 9100 a.m. until Sunday, September 15 at 7100 p.m. (Father shall take Owen to his parents' house for the entire period). c. Beginning September 27, 1996, Father shall have partial custody of Owen on alternating weekends from Friday at 5100 p.m. until Sunday at 7100 p.m. throughout the year. d. Father shall have partial custody of Owen one (I) weekday evening each week from 5100 p.m. until 9100 p.m. e. Bach calendar year each parent shall be entitled to a total of four (4) weeks of uninterrupted periods of custody, but no more than two (2) consecutive weeks. Bach parent shall give the other a minimum of 30 days notice of his/her intention to exercise their respective weeks of custody. A weekly period must include the regularly scheduled weekend to have custody of the child and shall run from Friday at 6:00 p.m. until Friday at 6:00 p.m.. f. Father shall have Owen New Years Day, Memorial Day and Labor Day in odd years and Baster, Independence Day and Thanksgiving in even years. The holiday shall take precedence over regular weekends and shall begin at 5:00 p.m the day before the holiday and end at 7:00 p.m. the day of the holiday. g. Father shall have Owen from December 24th at 6100 p.m. until 11100 a.m. December 25 in odd years and from 11100 a.m. December 25th until 7:00 p.m. December 26th in even years. h. Father shall have Owen on Father's Day and Mother 2 shall have the OWen on Mother's Day, i. At other times mutually agreed upon by the parties. 3. The Father shall be responsible for transporting the child for the exchange of custody, and Mother shall assist Father with transportation whenever possible. 4. Each parent is to notify the other if they are intending to travel with the child outside the Commonwealth of Pennsylvania. 5. Father must notify Mother at least 48 hours prior to his scheduled period of temporary physical custody Ir HB DOBS "OT INTBND TO IXBRCISB HIS PBRIOD or TEMPORARY PHYSICAL CUSTODY. 6. Both parents understand the need to provide a loving and stable environment for their child. 7. Mother and Father agree to place their personal differences aside and work for the best interests of the child. 8. The parties shall provide for reasonable telephone access to the child and shall cooperate in accommodating changes in the custodial schedule for matters that may arise from time to time. 9. Neither party shall make derogatory comments about the other in the presence or hearing of the child. 10. Each party is to inform the other within seven days of any change in employment, residence and/or telephone number. 11. The child shall not be left alone with Father's dog until Mother gives her permission, which shall not be unreasonably denied. , 3 . ..,- . , If.N":'/ilJ,S~lN:!d 1'.,1....."".... ...... -"- .y:"':" ,.,-,."'!......"'v,, '.' " ',. ';:::':.t' il loJ (1~G" ~~ J'ID ~~\U \\\-<2,\ 0\_ U"i\'~ Yl'F~'1d '1)6-2-8 G'I:C l.!:l g-UnV96 A~j/l(~~~,-..;.~:j ::r,! ~o ~~ ~w~~3'~