The URL can be used to link to this page

Home My WebLink About99-05906 t ' yY Ja?? s , f ? . s? A '? na t i Y f b t ? r. ?. . yye?et M.. /d 4\ O4. t iP is ` x i '.V l r:`ti 5 _`i Sr Tmo z) Plaintiff V. Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION LAW N0. Sao CIVIL 199 CUSTODY VISITATION And now, this, upon consideration of the attached com taint, it is hereby directed that the above parties and their respective ounsel appear before S Esquire, the conciliator, at ' S Pennsylvania, on the day of ?bP , 1999, at T-0 0 P.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 may 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: By: (M P-- v m I Custody Conciliator -? Rat 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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 I-800-990-9108 r, - Ay ')9 X77 3;) 55 Pddl ;? (L! rN'A /? •/ • 99 ?? -?• iii. ,C?r>° ?i""" - SEP 2 8 1999 TIMOTHY D. RUTKOWSKI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. v. CIVIL ACTION - LAW KAREN M. RUTKOWSKI, IN CUSTODY Defendant You, KAREN M. RUTKOWSKI, Defendant, have been sued in court to obtain custody, partial custody or visitation of the minor child, JONATHAN C. RUTKOWSKI. You are ordered to appear in person at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania on 1999, at _.M., for ? a conciliation or mediation conference. C3 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT, J. Johnson, Duffle, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TIMOTHY D. RUTKOWSKI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 99 eoG e;,ne 7,- V. CIVIL ACTION - LAW KAREN M. RUTKOWSKI, IN CUSTODY Defendant TIMOTHY D. RUTKOWSKI, Plaintiff in the above captioned action, by and through his attorneys, Johnson, Duffle, Stewart & Weidner, hereby files this Complaint for Custody and avers in support thereof as follows: 1. The Plaintiff is Timothy D. Rutkowski, hereinafter referred to as "FATHER," who is currently residing at 7 Spruce Circle, Shiremanstown, Cumberland County, Pennsylvania. 2. The Defendant is Karen M. Rutkowski, hereinafter referred to as "MOTHER," who is currently residing at 140 South Locust Street, Camp Hill, Cumberland County, Pennsylvania. 3. FATHER seeks custody of the following child: JONATHAN C. RUTKOWSKI, age one, whose date of birth is June 29, 1998. 4. The child was not born out of wedlock. 5. The child is presently in the joint custody of MOTHER who resides at 140 South Locust Street, Camp Hill, Pennsylvania; and FATHER who resides at 7 Spruce Circle, Shiremanstown, Pennsylvania. 6. During the past five (5) years, the child has resided with the following persons at the following addresses: A. From birth until September 19, 1999 - with MOTHER, FATHER and Charlotte E. Rutkowski (half-sister) at 140 South Locust Street, Camp Hill, Cumberland County, Pennsylvania. B. From September 19, 1999 until present - with FATHER at 7 Spruce Circle, Shiremanstown, Cumberland County, Pennsylvania and with MOTHER at 140 South Locust Street, Camp Hill, Cumberland County, Pennsylvania. 7. The MOTHER of the child is Karen M. Rutkowski, currently residing at 140 South Locust Street, Camp Hill, Cumberland County, Pennsylvania. She is married. 8. The FATHER of the child is Timothy D. Rutkowski, currently residing at 7 Spruce Circle, Shiremanstown, Cumberland County, Pennsylvania. He is married. 9. The relationship of Plaintiff to the child is that of natural father. He currently resides with the following persons: Jonathan C. Rutkowski - Son Charlotte E. Rutkowski - Daughter Timothy Rutkowski, Sr. - Father Gertrude Rutkowski - Mother 10. The relationship of Defendant to the child is that of natural mother. She currently resides with the following persons: Jonathan C. Rutkowski - Son 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the child pending In a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who 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: A. FATHER has shared in all child rearing duties since his son's birth. B. FATHER has played an active role in his son's life since birth. C. FATHER's work schedule permits him to spend a significant amount of time with the child. D. FATHER has serious concerns regarding MOTHER's parents and the child's safety when he is in their presence. For example, MOTHER has relayed on numerous occasions to FATHER, and to various other members of FATHER's family, incidents of abuse, both physical and emotional, that occurred when she was a child at the hands of her parents. Despite the above, MOTHER maintains a relationship (albeit an unhealthy one) with her parents and continuously leaves the child in their care. E. FATHER believes that MOTHER's parents are a detrimental influence on MOTHER and more importantly the minor child. F. FATHER is ready, willing and able to provide a stable home environment and appropriate care for his son. 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. WHEREFORE, FATHER requests that the Court grant the following: 1. Primary custody to FATHER and partial custody to MOTHER; or in the alternative, 2. Shared physical custody to MOTHER and FATHER pursuant to the following two week schedule: Sunday FATHER Monday - FATHER Tuesday - FATHER until 5:00 p.m., then with MOTHER Wednesday - MOTHER Thursday - MOTHER until 5:00 p.m., then with FATHER Friday FATHER Saturday FATHER until 5:00 p.m., then with MOTHER Sunday - MOTHER Monday - MOTHER Tuesday - MOTHER until 5:00 p.m.; then with FATHER Wednesday - FATHER Thursday - FATHER, until 5:00 p.m., then with MOTHER Friday MOTHER Saturday MOTHER, until 5:00 p.m., then with FATHER Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: -I,' aJn,Ath_ W Keirsten W. Davidson :127012 I, TIMOTHY D. RUTKOWSKI, do verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated:0.0oF 5r421c . W l94q a fQl \ rn 7 yw? ? cn U ,? Q TIMOTHY D. RUTKOWSKI, Plaintiff V. KAREN M. RUTKOWSKI, Defendant IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: AND NOW, this TD' day of hm?6 , 2000, withdraw the appearance of KEIRSTEN W. DAVIDSON, ESQUIRE, as attorney for-Defendsd; Timothy D. Rutkowski, in the above-captioned action. JOHNSON, ..D--UFFFIE, STEEW?A?1RT & WEIDNER By:_ ,,??L1Qd I odE _ Keirsten W. Davidson Attorney I.D. No. 78243 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: AND NOW, this Z rk day of _ZjL1ze,4 -, 2000, enter the appearance of STANLEY J.A. LASKOWSKI, ESQUIRE, as attorney for Oefendertt Timothy D. Rutkowski, in the above-captioned action. CALDWELL & KEAR//NS By: a.' (c Stan[ J . Laskowski Attom y I.D. No. 3-7ytL 3631 N. Front Street Harrisburg, PA 17110 (717) 232-7661 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5906 CIVIL TERM CIVIL ACTION - LAW 132409 CERTIFICATE OF SERVICE AND NOW, thisdZ day of Zjy/tc& , 2000, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Keirsten W. Davidson, Esquire JOHNSON, DUFFLE, STEWART & WEIDNER 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 CALDWELL & KEARNS By 00-162/8625-1 ?.L C-1 Ci "n 1 iiu J n 7 CD <J y J