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Home My WebLink About07-7419DEBRA L. KUHN, Plaintiff vs. HARRY E. KUHN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 07 - 7 y19 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (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. DEBRA L. KUHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW IN CUSTODY HARRY E. KUHN, JR., Defendant : NO. 07 - 7q J9 CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Debra L. Kuhn, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. Plaintiff is Debra L. Kuhn, who currently resides at 12 Wilbert Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Harry E. Kuhn, Jr., who currently resides at 632 North West Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks primary custody o£ Name Shared Residences (PT = Part Time) Age Harriette Kuhn 12 Wilbert Drive, Carlisle, PA 17013 (PT) 2 632 North West Street, Carlisle, PA 17013 (PT) (DOB 8/22/05) The child was not born out of wedlock. The child presently lives in a shared custody arrangement between Debra L. Kuhn, who resides at 12 Wilbert Drive, Carlisle, Pennsylvania 17013 and Harry E. Kuhn, Jr., who resides at 632 North West Street, Carlisle, PA 17013. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Harry Kuhn 12 Wilbert Drive, Carlisle, PA 17013 8/22/05 - 6/27/07 632 North West Street, Carlisle, PA 17013 (PT) 7/18/07 - Present (approximately) Debra Kuhn and 12 Wilbert Drive, Carlisle, PA 17013 8/22/05 - Present Khyla Martin (PT from approx. 7/18/07 - Present) The mother of the child is Debra L. Kuhn, who currently resides at 12 Wilbert Drive, Carlisle, Cumberland County, Pennsylvania, 17013. She is married to the defendant. The father of the child is Harry E. Kuhn Jr., who currently resides at 632 North West Street, Carlisle, Cumberland County, Pennsylvania, 17013. He is married to the plaintiff. 4. 5. 6 7. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Harriette Kuhn (PT) Daughter Khyla Martin Daughter The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Pamela Kuhn Defendant's Mother Audrey Maxwell Defendant's Grandmother Hariette Kuhn (PT) Daughter 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. 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. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for all of the child's life; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has permitted contact between Defendant and the child and will continue to encourage the child's relationship with her father; d. Plaintiff is willing to accept custody of the child. 8. 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, plaintiff requests the court to grant her shared legal custody and primary physical custody of the child, with the father having periods of partial custody. Respectfully submitted, Date: _L2 /wg Katherine Fitz-Pat ick Certified Legal Intern LUC J STON-WALSH ANNE CDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION 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. § 4904 relating to unsworn falsification to authorities. arofiku/1- `---6eb'r -L. Kuhn ?) h. ?-y.?. ?l ' --. ?., , >: 1;. ;,e x+1;3 ". ,} ; : ?.? ?+ r ?? r t, 6 DEBRA L. KUHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW IN CUSTODY HARRY E. KUHN, JR., , j Defendant : NO. 07 - `7 I CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Debra L. Kuhn, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the parry is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date la-10-01 y Katherine Fitz-Patric Certified Legal Intern LUCY(J??qSTON-WALSH ANNE DONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?Tl DEBRA L. KUHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HARRY E. KUHN, JR. DEFENDANT 2007-7419 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 12, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 27, 2007 at 9:30 AM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilro Es q. VYA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 sE-UN J.2 1 t "i'. r 3'1-LL Or -,-% DEBRA L. KUHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW IN CUSTODY HARRY E. KUHN, JR., ; Defendant : NO. 07 - 7419 CIVIL TERM CERTIFICATE OF SERVICE I, Todd E. Klein, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint on Paul Bradford Orr, Esquire, maintaining an office at 50 East High Street, Carlisle, PA 17013, on December 11, 2007, as evidenced by the attached Acceptance of Service. Todd E. Klein Certified Legal Intern Lucy o on-Walsh, Esquire Anne acDonald-Fox, Esquire Megan Riesmeyer, Esquire Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 DEBRA L. KUHN,.. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW IN CUSTODY HARRY E. KUHN, JR., Defendant :NO. N - 44(l CIVIL TERM ACCEPTANCE OF SERVICE I, Paul Bradford Orr, Esquire, hereby accept service of the Complaint for Custody on behalf of my client, Harry E. Kuhn, Jr. gk IL I I 01 c_ -:-, f T7 R3 'I =r DEBRA L. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW HARRY E. KUHN, JR., NO. 2007-7419 Defendant IN CUSTODY COURT ORDER AND NOW, this lI `? day of February, 2008, upon consideration of the Proposed Custody Agreement which has been signed by both parties and their attorneys, and which was presented to the Conciliator at the Custody Conciliation Conference, it is ordered and directed that the attached Custody Agreement shall be an Order of Court and enforceable as an Order. In the event either party desires to modify this Order and the parties are unable to reach an agreement, either party may petition the Court to have the case scheduled with the Custody Conciliator for a conference. BY THE COURT, , Judge cc: V Paul Bradford Orr, Esquire ?Todd E. Klein, Certified Legal Intern 02//3/Og COF its MaIL( C I : ! I Wd £ { 83.E O09Z MVIQN&r-'.'Oldd Hl J® DEBRA L. KUHN, Plaintiff/Respondent vs. HARRY E. KUHN, JR., Defendant/Petitioner j G? IN THE COURT OF COMMO LESS :r CUMBERLAND COUNTY, PP9I SMVAN1& --; NO.: 2007-7419 CIVIL TERNW?_ IN CUSTODY 7+__ 'ty N =i a PETITION FOR MODIFICATION OF CUSTODY 1. The Petitioner is Harry E. Kuhn, Jr., who resides at 632 North West Street, Carlisle, Pennsylvania. 2. The Respondent is Debra L. Kuhn, who resides at 64 West Main Street, Plainfield, Pennsylvania. 3. Petitioner is requesting that we address the issue with the child's schooling since she has now reached the age to be enrolled. 4. Petitioner and Respondent have changed the exchange sight and would like the School Issue to be reflected in the Custody Order. WHEREFORE, the Petitioner Date: By: I a Modification of Custody. mitted, Paul Bradford Orr, Esquire Attorney for Defendant/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA Court ID # 71786 4'10.00 p D al-rq Ctc?` ?9 VERIFICATION I verify that the statements made in the foregoing Petition to Modify are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. TE: 2 G ZO/O 1 DA arry . uhn, Petitioner DEBRA L. KUHN, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA, vs. : NO.: 2007-7419 CIVIL TERM HARRY E. KUHN, JR., IN CUSTODY Defendant/Petitioner CERTIFICATE OF SERVICE hereby certify that on this ,5'0 day of, QtLj , 2010, 1 mailed a copy of Petitioner's Petition for Modification of Custody to the following persons at the following address by First Class Mail as follows: Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Debra L. Kuhn 4 West Main Street Ia held, PA 17081 Paul Bradford Orr, Esquire Attorney for Defendant/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 ID No.: 71786 DEBRA L. KUHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA DEFENDANT IN CUSTODY ORDER OF COURT V. 2007-7419 CIVIL ACTION LAW HARRY E. KUHN, JR. AND NOW, _ Thursday, April 08, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 13, 2010 at 9:30 AM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator L4 'q't0 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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. &4. ? rm?`e-8 .?o Cumberland County Bar Association Orr q •q • 10 A)0ii C.P- 32 South Bedford Street Carlisle, Pennsylvania 17013 (YkQ:, te'? -k-0 Telephone (717) 249-3166 t a ?1ar?ec? In P? Cry tro?s -?,?. 0 C- i= I C- n, i lam ?i -`7 _n '" ~ JUN 3 0 2~1U I BRA L. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 1. For purposes of attendance at kindergarten, the minor child, Harry F. Kuhn, born _N ~ HARRY E. KUHN, Jr., NO. 2007-7419 ~ o '~ Defendant ~~ ~ s ~ IN CUSTODY !?y' ~ }`~ ~... '; =~ ;~~ •~ ,--- _ ~ _~,,~, c- Prior Judge: The Honorable J. Welsey Oler, Jr. ~- ~= . ~ >, -. ,. -r COURT ORDER -~ ~ _,, -- ~ _ ~ ~} ~ 1 e ` "'> NOW, this ~,s day of Ja , 2010, upon consideration of the attached C ~to dy Conciliation Report, it is ordered and directed that this court's prior order of February 11, 2007 shall remain in place subject to the following addition: cc: CIVIL ACTION -LAW August 22, 2005, shall attend kindergarten in the Carlisle School District. The decision for the child to attend kindergarten in Carlisle is based upon an agreement of the parties and does not represent any determination by the parties or by this court that the Carlisle School District is better than the Big Spring School District for purposes of this case. Additionally, this decision at this point relates to kindergarten only and both parents shall have the opportunity to revisit the issue in the future with respect to the child attending elementary school and middle school. 2. The parties shall continue to enjoy shared legal and shared physical custody and the school district of the minor child is hereby authorized to deal equally with both parents in connection with all matters pertaining to the minor child. " P B Orr Es wire q aniel Puskar, Studenrnt Attorney Dickinson School of Law of PSU Family Law Clinic iE?s m~cl.~,c~ ~ ~/~~ DEBRA L. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW HARRY E. KUHN, Jr., NO. 2007-7419 Defendant IN CUSTODY Prior Judge: The Honorable J. Welsey Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL FROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Harry F. Kuhn, born August 22, 2005 2. A Conciliation Conference was held on June 25, 2010, with the following individuals in attendance: The mother, Debra L. Kuhn, who appeared with her student attorney, Daniel Puskar, of the Dickinson School of Law of Penn State University Family Law Clinic, and the father, Harry E. Juhn, Jr., with his counsel, Paul B. Orr, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: June~~, 2010 Hubert X. ilroy, Esquire Custody onciliator