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Home My WebLink About99-05926n C. 9 ?. ijf ^), ?..c JSk r ;,?(yA? aita f'?y. i ?"?. x ?.,yti ?.,, :,;r: xt ,?{ii .' ,! r ili: q? ? ?. .,•i:.a Sj;" 's,u _ `??? 7-e:C y J? ;iw Z ".:i ?I'12 t 6' `?t- MARTSON DFARDORFF WILLIAMS & OTTO Ix,rnwAx.w • A i mis • Nmxut TEN EAST HiGi/ $TREu CARIISLE. PMNSYLVANIA 17013 DAVID W. LUTZ, Plaintiff V. MARTHA S. LUTZ, Defendant SEP 2 g 199 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 59,26 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this _?ff day of, 1999, upon consideration of the attached Complaint, it is hcrebv directed that the pa Ies and their .respective counsel appear befor the conciliator, at _ ? SI on the day of ?(- 1999, at m. for aPre-Heng Custody Conference. At such conference, an effort will be made to resolve he 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 entry of a temporary or permanent order. FOR THE COURT, BY:_C NS? Custody Conciliator 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 cgS p-al -99?` DAVID W. LUTZ, Plaintiff V. MARTHA S. LUTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.99- CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM! IICTODY Plaintiff is David W. Lutz, an adult individual currently residing at 634 West Old York Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Martha S. Lutz, an adult individual currently residing at 1228 Dickinson Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the children, Jason E. Lutz, bom June 15, 1984, and Emily J. Lutz, born November 5, 1987. The children were not bom out of wedlock. Since their births, the children have resided with the following persons at the following addresses for the following periods of time: Since their births, the children resided with the parties at the Defendant's address. Daughter Emily J. Lutz now resides with Plaintiff at his address. 4. The relationship of the Plaintiff to the children is that of father He is married and living separately. The Plaintiff currently resides with the following: Nam Relationship David E. Lutz Father T June B. Lutz Mother Emily J. Lutz Daughter 5. The relationship of the Defendant to the children is that of mother. She is married and living separately. The Defendant currently resides with the following: Name Relationship Jason E. Lutz Son Eleanor Williams Mother The best interest and permanent welfare of the children will be served by granting custody to Plaintiff because: He can best provide a loving and stable home. 8. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Williimaf , Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: September 28, 1999 The foregoing Complaint to Confine Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. r »w David W. Lutz Q) L: t ?L O U DAVID W. LUTZ, IN THE COURT OF COMMON PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 5926 MARTHA S. LUTZ, : CIVIL ACTION - CUSTODY DEFENDANT DEFENDANT'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY AND NOW, comes Defendant, Martha S. Lutz, by and through her counsel, Smigel, Anderson & Sacks, and avers as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Defendant is Martha S. Lutz. It is denied that Defendant lives at 1228 Dickinson Drive, Carlisle, Cumberland County, Pennsylvania. Defendant lives at 1223 Dickinson Drive, Carlisle, Cumberland County, Pennsylvania. 3. Admitted in part and denied in part. It is admitted that the children were not born out of wedlock and that since birth the children have resided at Defendant's address. It is denied that Emily J. Lutz now lives with Plaintiff. 4. Admitted in part and denied in part. It is admitted that the relationship of the Plaintiff to the children is that of father and that he is married and living separately. It is denied that Plaintiff lives with Emily J. Lutz. 5. Admitted. By way of further answer, Emily J. Lutz also lives with Defendant. 6. Denied. Plaintiffs Complaint does not contain a paragraph 6. 5562.1-0 7. Denied. 8. No response required. COUNTERCLAIM COMPLAINT FOR CUSTODY 9. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs 1-8 which are incorporated by reference herein. 10. Defendant/Plaintiff in Counterclaim is Martha S. Lutz residing at 1223 Dickinson Drive, Carlisle, Cumberland County, Pennsylvania. 11. Plaintiff/Defendant in Counterclaim is David W. Lutz, residing at 634 West Old York Road, Carlisle, Cumberland County, Pennsylvania. 12. Defendant/Plaintiff in Counterclaim seeks custody of the following children: Name Present Residence Age Jason E. Lutz 1223 Dickinson Drive 15 Carlisle, PA 17013 Emily J. Lutz 1223 Dickinson Drive 11 Carlisle, PA 17013 13. The children were not born out of wedlock. The children are presently in the custody of Defendant/Plaintiff in Counterclaim. 14. During the past five (5) years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Plaintiff and Defendant 1223 Dickinson Drive from birth to present Carlisle, PA 17013 5562-14 Defendant 1223 Dickinson Drive 9/99 to present Carlisle, PA 17013 15. The mother of the children is Martha Lutz. She is separated from the father of the children, David W. Lutz. 16. The relationship of Defendant/Plaintiff in Counterclaim to the children is that of Mother. Defendant/Plaintiff in Counterclaim currently resides with the following persons: Name Relationship Jason E. Lutz Son Emily J. Lutz Daughter Eleanor Williams Mother 17. The relationship of Plaintiff/Defendant in Counterclaim to the children is that of Father. Plaintiff/Defendant in Counterclaim currently resides with the following persons: Name Relationship David E. Lutz Father June B. Lutz Mother 18. Defendant/Plaintiff in Counterclaim has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Defendant/Plaintiff in Counterclaim has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Defendant/Plaintiff in Counterclaim does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 19. The best interest and permanent welfare of the children will be served by granting the relief requested because: 5562-1.4 A. Defendant/Plaintiff in Counterclaim is a fit parent. B. The children have expressed a preference to be in the custody of Defendant/Plaintiff in Counterclaim. C. Placing custody with Defendant/Plaintiff in Counterclaim will provide continuity, stability and certainty to the children's lives. 20. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Defendant/Plaintiff in Counterclaim requests this Court to grant legal and physical custody of the children to her. Date: /D - 2 I - 5q Respectfully submitted, SMIGEL, ANDERSON & SACKS , o,.,L G., By: 44AJ - Jwwr LeRoy Sm el, Esquire I.D. #: 09617 Ann V. Levin, Esquire I.D. #: 70259 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant VERIFICATION I, Martha Lutz, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: l b MART LUTZ C p C '- C irk c"I fie. _:: U Ca. u1._ ' Q v . lJ OCT 2 9 1990 DAVID W. LUTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. . CIVIL ACTION - LAW : NO. 99-5926 MARTHA S. LUTZ, Defendant IN CUSTODY ORDH2 OF COURT AND NOW, this 27th day of October, 19991 the Conciliator, being advised by Plaintiff is counsel that Plaintiff has discontinued the custody action previously filed on his behalf, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for November 16, 1999 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator Fn ?fN:?`FI F n ,?PRY ci^ tlri'; ?. MARTSON DEARD,,E,,FWILLIAMS & pnD mas TEN EAST. Hmn STREET CARLISLE- PENNSYLVANIA 17013 DAVID W. LUTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5926 CIVIL ACTION- LAW MARTHA S. LUTZ, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please enter a voluntary discontinuance of this matter. MARTSO/N DEARDORFF WILLIAMS & OTTO Thomas J. Wi 1 s, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: October 25, 1999 CERTIFICATE OF SERVICE I, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ann V. Levin, Esquire 2917 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO s D. Eckenroad ?YjTnla?l Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 25, 1999 N :s tom- ?` .,= CL o s - r j cn U dF