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HomeMy WebLinkAbout95-07166 ~ j ~ ~ . '7 '.' ~ j ~ .....~ €. ~ J ,.,,' -.9 ...53 - r- , -:?;-: ,'.:- ,', " '. .' , ""''.' .: ;, '. <~;.: '" VB, IN THB COURT OP COMMON PLBAS CUMBERLAND COUNTY, PBNNSYLVANZA NO, (IS- 7/ ,,{, CIVl:L TERM KATHARINE J, SHERBOURNE, Plaintiff "ALTER R, SIIBRBOURNE, Defendant CIVIL ACTION - CUSTODY ORDER OP COURT AND NOW, :-r-Ql".....'{f ~ J.1.1L, upon consideration of the attached Complaint, it is hereby directed hat the parties and their respective Counsel appear before ..wn S. s"'nJll. - ! the Conciliator, at 6"1 lo, (l./I";().5f. lYJ.,..dt4,,.,io,b.,,((:/ on the b r h day of r( v., rt..~ ( l/ ,199:(0 I at ~ .m., for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older ~ also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT, BY: ~I 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 CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 ALED-O~'" OF 11;[: P~'OTl.lnOCE , .. Ie, NorMY 96 J,'Il-I, F'j 3 '( :, I CUMBERUNO PENi\lSYL\It&~~~N1Y J 'Y'.t?~ (Jd. t'~ ;~ $ dF LJzJ /'ij,9(, ~ ,...~ 6 ~-It- &__,.I!L I rt9~ &f1 ",JI;.t ..i 4'7~? KATHARINE J. SBBRBOORNB, Plaintiff IN TBB COURT OF COMMON PLEAS CUMBBRLAND COUNTY, PBRNSYLVANIA va, NO, CIVIL TERM WAL'1'BR R. SRBRBOORNB, Defendant CIVIL ACTION - CUSTODY ORDBR OF COURT You, WALTER R. SHERBOURNE, Defendant, have been sued in Court to obtain custody of the children: You are ordered to appear in person at Court Room No. of Cumberland County Courthouse, Carlisle, Pennsylvania on , 1996 at for [ ] a conciliation or mediation conference [ ] a pretrial conference [ ] a hearing before the court 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. 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, Forth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6100 BY THE COURT, OATE , 1996 J. KATHARINE J. SBBRBOORRB, Plaintiff VB. IN THE COURT OP COMMON PLBAS CUMBBRLAHD COUNTY, PENNSYLVAlUA CIVIL ACTION - LAW NO. CIVIL TERM COMPLAINT FOR CUSTODY WALTER R. SBBRBOORRB, Defendant COMPLAINT FOR CUSTODY AIm NOW comes the her Attorney, JAMBS M, FOR CUSTODY: Plaintiff, KATHARINE J. SBBRBOORRB, by BACH, and files the within COMPLAINT 1. The Plaintiff is KATHARINE J, SHERBOURNE, residing at 166 Brindle Road, Mechanicsburg, 17055, Cumberland County, Pennsylvania. 2. The 49 Grist Mill Oefendant is WALTER R, Road, Glenn Mills, 19342, SHERBOURNE, residing at Pennsylvania, 3, Plaintiff seeks custody of the following children: a) SAMANTHA H. SHERBOURNE, 49 Grist Mill Road, Glenn Age 5, Mills, 19342, Pennsylvania. b) NICOLE K. SHERBOURNE, 49 Grist Mill Road, Glenn Age 7 Mills, 19342, Pennsylvania. 4. The children were not born out of wedlock, 5. The children are presently in the custody of the Defendant, who resides at 49 Grist Mill Road, Glenn Mills, PA 19342, Pennsylvania. -1- .~._,... .,."., "~"<".'''"",,~..;;.,;,c,"., 6. During the past five years, both children have resided with the following persons at the following addresses: a) With Defendant, at 49 Grist Mill Road, Glenn Mills, 19342, Pennsylvania from November 23, 1995 to the present. b) With Plaintiff and Defendant, at 166 Brindle Road, Mechanicsburg, Cumberland County, Pennsylvania, from 1992 through November 22, 1995. c) With the Plaintiff and Defendant, at 1361 Scranton Avenue, Whiting, New Jersey, from 1989 through 1992. 7. The mother of the children is KATHARINE J. SHERBOURNE, currently residing at 166 Brindle Road, Mechanicsburg, PA 17055, Cumberland County, Pennsylvania. She is married. 8. The father currently residing 19342, Pennsylvania of at the 49 child Grist is WALTER Mill Road, R. SHERBOURNE, Glenn Mills, He is married, 9, The relationship of the Plaintiff to the child is that of MOTHER. The Plaintiff currently resides alone. 10. that of and his The relationship of the Defendant to the child is FATHER. The Defendant currently resides with his parents sister. -2- 11 . or in custody Plaintiff has not participated as a party or witness, another capacity, in other litigation concerning the of the child in this or any other court, 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. IIBERBPORE , primary physical the Plaintiff custody of the requests this Court child to the Plaintiff. to grant 13. 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has always been the primary supplier of the emotional support, love, care, supervision and affection for the children during their lives, 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. Respectfully submitted, Date /2 -/f-- )lr by -/r-" #/ JAMES M. BACH Attorney for Plaintiff I,D. No,18727 352 S. Sporting Hill Road Mechanicsburg, PA 17055 (717) 737-2033 -3- . ' VERIPICATION. I, KATHARINE J. SHERBOURNE, 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 authorities. Date: /z-(~- 9~ ~/a.1-'/li)i ~4k04~ Pl ntHf ,...' " :'. -4- 1 .. i' , ~ ~ ~ . ~ .' \' - ~ ~ \~ ~ ..:r "'"" j-G:l .. rf'i~ [' 0 IP ~ 8" ~.l t' 1'0 ~ \" 0 \t,l<) Q r;l,~ '>:l It;, 0": In ::-S0 C, . -t~ ~"- - i~ ~ t~ ~~ c.; ~~ :::t ~~ WJ ~ .' ~ \~ ~ If) 5 en u KATHARINE J. SHERBOURNE, IN THE COURT OF ro1MON PLEAS OF Plaintiff . CUMBERLAND COUN'fi, PENNSYLVANIA , . . vs. . NO, 95-7166 CIVIL TERM . . . WALTER R, SHERBOURNE, . CIVIL ACTION - LAW . Defendant : CUSTODY au>ER OF COORT AND tuf, this -.1 b upon consideration of the attached is ordered and directed as follows: day of , , 1996, Custody Cone 1 ation s~ry Report, it L Pending further Order of this Court or agreement of the parties, the Mother, Katharine J. Sherbourne, and the Father, Walter R. Sherbourne, shall have shared legal custody of Samantha H, Sherbourne, born May I, 1990 and Nicole K. Sherbourne, born March 12, 1988, The Father shall have primary physical custody of the Children, 2. The Mother shall have partial physical custody of the Children for a two day period each week which shall take place on either two week days or the weekend. The Mother shall provide notice to the Father of the specific days for partial custody one week in advance if possible and if not possible, at least two days in advance. If the period of partial custody is to take place on week days, the Mother shall pick up the Children at the paternal grandparents' house after school at 4:00 p.m., have custody of the Children overnight at the Mother's sister's home and transport the Children to school the following morning. On the second day, the Mother shall piCk up the Children after school at the paternal grandparents' home and return them to the paternal grandparents' residence at 7:30 p.m. that evening. If the Mother's period of partial custody falls on a weekend, the specific times shall be arranged by mutual agreement of the parties. At all times during the Mother's periods of partial custody, the Children shall stay overnight with the Mother at the Mother's sister's home. 3. This Temporary Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The Mother reserves the right to proceed with her action for primary physical custody of the Children at the end of the 1995/1996 school year, 4. The parties and Conciliator, Dawn S. Sunday, 1996 at 3:00 p.m. their counsel shall meet with the Esquire, for a second cOirence on nm =;}/ !:(wf I Custody May 21, J, cc: James M. Bach, Esquire John J. Connelly, Jr., , ~...~~t Esquire r.l./f'o (Iff:, ...s,.7i' . rlm..OrACE (':~ 1:,~ 1,,()!iln:~OT/>RY , oG I~r'n It' f'" L. 03 .,i 1\...1.1 0 r1 'if Cl)'" "" , 'J-,1Ti' ~. ;I,,_.)~ji~' J;:.) ,,/ \.o.,'il rEi :i\S'{LVN:IA : i,.' . \ KATHARINE J. SHERBOURNE, Plaintiff IN THE COURT OF ca1MClN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 95-7166 CIVIL TERM . . WALTER R. SHERBOURNE, Defendant : CIVIL ACTION - LAW : IN CUSTODY aJSTOOY ax:ILIATICIl 5lftWri REPCRT IN AOXIUlllNCB wrm ClMIlERLI\ND CXltHrY RIlLE OF CIVIL PIll)"" . IRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1, The relevant information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Samantha H. Sherbourne Nicole K. Sherbourne May I, 1990 March 12, 1988 Defendant/Father Defendant/Father 2. A Conciliation Conference was held on February 6, 1996, with the following individuals in attendance: The Mother, Katharine J. Sherbourne, with her counsel, James M. Bach, Esquire, and the Father, Walter R. Sherbourne, with his counsel, John J. Connelly, Jr., Esquire. 3. The parties' marital residenCE: was located in Mechanicsburg until the parties separated on Novenber 23, 1995 and the Father moved to Glen Mills, Delaware County, Pennsylvania with the Children. The Mother filed divorce and custody actions in Cumberland County and the Father filed the same actions at about the same time in Delaware County. Prior to the parties I separation in November, 1995, the Children had resided in the Mechanicsburg residence since 1992 and the Father did not object to jurisdiction over the custody matter in Cumberland County. 4. The Mother resides alone in the marital residence in Mechanicsburg and the Father resides in Delaware County with the Children, his sister, and his parents. The Mother intends to sell the marital residence and move to the Delaware County area as soon as possible. Although the Mother filed this action for primary physical custody of the Children, she does not wish to relocate the Children again during this school year. She therefore agreed to a Temporary Order providing her with partial custody until the end of the 1995/1996 school year. Unless otherwise agreed by the parties, the Mother intends to pursue her action for primary custody at that time, The parties acknowledged that the Mother may also be residing in the Delaware County area by the end of the school year and that it may be appropriate for the custody proceedings to take place in Delaware County, if necessary, at that time. 5. The parties agreed to entry of a Temporary Order in the form as attached. The Mother reserves the right to proceed with her action for Date ~ J',11tl4 ~. I I,~ 1?'1~ , -L', ~ t"h A. ' "'''i Dawn S. Sunday CUstody Conciliator primary phyeical cuetody of the Children at the end of the school year, "1- , fED 1 G 1996' If' . ' ." " ,. . .. '. --"" MAY 2 3 i996 $-2:. KATHARINB J. SHBRBOURNB, Plaintiff vs, IN THE COURT OF ~ PLEAS OF CUMBERLAND CXXlN'l'Y PENNSYLVANIA CIVIL ACTION - LAW NO. 95-7166 WALTER R. SHBRBOURNB, Defendant aulBR OF CXlORr AND toI, this 17th day of May, 1996, the Conciliator being advised by coWl8el for each party that the parties are resolving all outstanding custody issues by agreement and desire to cancel the May 21, 1996 CUstody Conciliation Conference, hereby relinquishes jurisdiction in this case. The CUstody Conciliation scheduled in this matter for May 21, 1996 is canceled pursuant to the parties' request, f),~.~ /~-n~_ Dawn S. sunday, Esqu r CUstody Conciliator !;' ,. L;,) Fc.l:' !Si L'.-/:\;~ \ , . ~., '-'l .. :j: "'., " . ~ "